ANDHRA PRADESH LAND DEVELOPMENT (LAYOUT AND SUB-DIVISION) RULES, 2017

PREAMBLE

In exercise of the powers conferred by section 585 of the Andhra Pradesh Municipal Corporation Act, 1955 (adapted GHMC Act 1955) and section 18 of the Andhra Pradesh Municipal Corporations Act, 1994; section 326 read with section 185 of the Andhra Pradesh Municipalities Act, 1965, section 44 (1) of the Andhra Pradesh Town Planning Act, 1920, section 117 of the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016 and 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 No. 13 of 1994) and in supersession of all the existing rules on the subject, the Governor of Andhra Pradesh hereby make the following Rules with immediate effect. The same having been previously published in Part-I of Extraordinary issue of Andhra Pradesh Gazette dated 17.05.2017 as required under section 44-A of the Andhra Pradesh Town Planning Act,1920.

CHAPTER-I SHORT TITLE, APPLICABILITY AND COMMENCEMENT

Rule - 1. Short Title, Applicability and Commencement.

(1)     This rules may be called 'the Andhra Pradesh Land Development (Layout and Sub-division) Rules, 2017'.

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

(3)     This rules shall apply to

(a)      all land development through formation of layouts, sub-division of land and plots,

(b)      land intended for sale or let on lease, to divide the large chunks of land into building plots, to make a layout or forming private street.

(4)     The above includes all categories and types of development wherein this rules are applicable.

(a)      All types of residential development viz., plotted type etc.,

(b)      All types of commercial, institutional and industrial development

(c)      Development of mixed land uses

(d)      Any other type of development schemes.

Provided that for Low Cost/Affordable Housing Schemes undertaken by the various Government departments or Development Authorities or any Local Authority, separate provisions and stipulations shall be applicable as decided by the Government/Competent Authority.

(5)     They shall apply to the land/layout development activities in the areas falling in:

(a)      All Metropolitan Region Development Authorities,

(b)      All Urban Development Authorities,

(c)      All Municipal Corporations,

(d)      All Municipalities,

(e)      All Nagar Panchayats,

(f)       Gram Panchayat areas covered in Master Plans/General Town Planning Schemes notified under Andhra Pradesh Town Planning Act,1920 and

(g)      Industrial Area Local Authority (IALA)/Special Economic Zone (SEZ) notified by Government.

(6)     All existing rules, regulations, byelaws, orders that are in conflict or inconsistent with this Rules shall stand modified to the extent of the provisions of this rules.

Subject to the provisions of the Act, this rules shall apply:

(a)      to the planning, design and construction of land development in case of layouts, sub-divisions and building in case of erection of a building along with land development;

(b)      to all parts of the layout including development of public open spaces, amenities and infrastructure;

(c)      to use of any land or building where sub-division of land is undertaken and use of land or building is changed.

Rule - 2. Definitions.

In this rules, unless the context otherwise requires the definitions given below shall have the meaning indicated against each term. The terms and expressions which are not defined in this Rules shall have the same meaning as in the respective rules/regulations/Bye-laws of the respective local authorities including the Andhra Pradesh Building Rules 2017 and as defined in the National Building Code as the case may be, unless the context otherwise requires.

In this rules, unless the context otherwise requires,--

(1)     'Access' means a clear approach to a plot or a building;

(2)     'Agricultural use' means use of land for the purpose of agriculture, horticulture, sericulture, animal husbandry, poultry farming, plant nursery, piggery, dairy farming, vegetable farming and any activity related to agriculture or milk chilling plant;

(3)     'Amenity' includes club house, convention halls, educational, commercial facilities etc.,

(4)     'Applicant' means the person who has title to a land or building and includes,

(a)      an agent or trustee who receives rent on behalf of the owner;

(b)      an agent or trustee who receives rent or is entrusted with or is concerned with any building devoted to religious or charitable purpose.

(c)      a receiver, executor or administrator or a manager appointed by any Court of competent jurisdiction to have the charge of or to exercise the rights of the owner; and

(d)      a mortgagee in possession;

(5)     'Application' means an application made in such form as may be prescribed from time to time;

(6)     'Approach Road' means an existing public access formed on ground, a road, street, alley, passage, donka, village road, puntha, gorja, roadway over any public bridge or causeway, the footway attached to any such street or public bridge or causeway, whether pucca or katcha and gives way to the land or site or plot whether having an approved layout or not or whether belonging to private property or Government or Local Authority and over which public have a right of way whether a thoroughfare or not.

(7)     'Approved' means as approved/sanctioned by the concerned Authority under the Rules;

(8)     'Authority' means the concerned Local body/Development Authority having jurisdiction over the matter referred to herein after called the Authority or concerned Authority;

(9)     'Building Line' means the line up to which the plinth of building adjoining a street or an extension of a street or on a future street may lawfully extend and includes the lines prescribed, if any, in any scheme and/or development plan;

(10)   'Building set back' means the distance by which any building or structure shall be separated from the boundary lines of the plot;

(11)   'Cesspool' means an underground chamber for the reception and storage of foul water, the contents of which are periodically removed for disposal;

A box-shaped receiver constructed in a roof or gutter for collecting rainwater which then passes into a rainwater pipe connected thereto;

(12)   'Competent Authority' means:

(a)      The Metropolitan Commissioner of the respective Metropolitan Region Development Authority;

(b)      The Vice Chairman of the respective Urban Development Authority;

(c)      The Director of Town & Country Planning in case of Local Authorities not covered in Development Authorities and Gram Panchayat areas covered in Master Plans/General Town Planning Schemes notified under Andhra Pradesh Town Planning Act, 1920.

(13)   'Contour' means the form of the land, existing or proposed; a part of the topography, indicated by map lines at intervals as desired, to understand the land form clearly. The contour line though imaginary, indicates continuous elevation above mean sea level or an assumed datum line;

(14)   'Contour Interval' means the difference in elevation or the vertical distance measured between consecutive contour lines;

(15)   'Conversion' means the change from one occupancy to other occupancy or any change in building structure or part thereof resulting in a change of space and use requiring additional occupancy certificate;

(16)   'Corner site' means a site at the junction of and fronting on two or more intersecting streets;

(17)   'Cul-de-sac' means such means of access having length up to 50m with an additional turning space not less than 81 square meters in area having no dimension less than 9 m.;

(18)   'Development' means the carrying out of building, engineering, mining or other operations in, or over, or under land and water, or in the use of any building or land, and includes redevelopment and layout and subdivision of any land; and 'to develop' shall be construed accordingly;

(19)   'Development Charges' means a charge levied by the competent authority under the relevant provisions of the Law

(20)   'Development Plan' means a plan for the Development or redevelopment or improvement of the area within the jurisdiction of Authority and includes Master Plan, Zonal Development Plan and any other Plans prepared under the relevant Acts;

(21)   'Deviation' means any construction made in departure from the approved plan by way of alterations or additions, modifications in the dimension of the plot, measurement of the plot, total plot area, total floor area, coverage, floor area ratio (FAR), setbacks, height, parking space, provision of public utilities etc.;

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

includes a sewer, tunnel, pipe, ditch, gutter or channel and any cistern, flush tank, septic tank or other device for carrying off or treating sewage, offensive matter, polluted water sullage, waste water, rain water, or sub-soil water and any culvert, ventilation shaft or pipe or other appliance or fitting connected therewith, and any ejector, compressed air main, sealed sewage main and special machinery or apparatus for raising expelling or removing sewage or offensive matter from any place;

(23)   'Drainage' means a system constructed for the purpose of removal of any waste water;

(24)   'Enforcement Authority' means:

(a)      The Metropolitan Commissioner of the respective Metropolitan Region Development Authority;

(b)      The Vice Chairman of the respective Urban Development Authority;

(c)      The Commissioner of respective Urban Local Body;

(d)      The Executive Authority of the Gram Panchayat;

(e)      The Executive Authority of the Special Unit created as the case may be for the purpose of sanctioning and monitoring building and development activity, as applicable.

(25)   'Executive Authority' means:

(a)      The Metropolitan Commissioner of the respective Metropolitan Region Development Authority;

(b)      The Vice Chairman of the respective Urban Development Authority;

(c)      The Commissioner of respective Urban Local Body;

(d)      The Executive Authority of the Gram Panchayat;

(e)      The Executive Authority of the Special Unit created as the case may be for the purpose of sanctioning and monitoring building and development activity, as applicable.

(26)   'External Development Works' includes roads and road systems landscaping, water supply, sewerage and drainage systems, electricity supply transformer, sub-station or any other work which may have to be executed in the periphery of, or outside, a project for its benefit, as may be provided under the local laws;

(27)   'Group Development Scheme' is reckoned as development of Residential Buildings or any other nonresidential buildings as permissible in a Campus or Site of 4000 sq.m. and above in area and could be row houses, semidetached, detached Houses, Apartment blocks or High-Rise buildings or mix or combination of the above.

(28)   'Group Housing' means a building having five or more multiple dwelling units/apartments and common services on a given site or plot, in single or multiple blocks each building containing two or more apartments or with total of five or more units/apartments, without customary sub-division of land by way of individual plots.

(29)   'Hut' means any building which is constructed principally of wood, mud, leaves, grass or thatch and includes any temporary structure of whatever size or any small building of whatever material made, which the Local Body may declare to be a hut for the purposes of this Act;

(30)   'Internal Development Works' means roads, footpaths, water supply, sewers, drains, parks, tree planting, street lighting, provision for community buildings and social infrastructure such as educational, health and other public amenities or any other work in a project for its benefit, as per sanctioned plans;

(31)   'Kerb' means a concrete or stone edging along a pathway or road often constructed with a channel to guide the flow of storm water and thereby serve individual purpose;

(32)   'Land' includes land which is being built upon or is built upon or covered with water, benefits to arise out of land, things attached to earth or permanently fastened to anything attached to the earth and rights created by legislative enactment over any street;

(33)   'Landscape, Soft' means the natural elements in landscape design, such as plant materials and the soil itself;

(34)   'Landscape, Hard' means civil work component of landscape architecture such as pavement, walkways, roads, retaining walls, sculpture, street amenities, fountains and other built environments;

(35)   'Layout' means the laying out a parcel of land or lands into building plots with laying of road/streets with formation, leveling, metaling or black topping or paving of the roads and footpaths etc., and laying of the services such as water supply, drainage, street lighting, open spaces avenue plantation etc;

(36)   'Licensed Technical Personnel' means a qualified Town Planner, Architect, Engineer, Structural Engineer, Supervisor who has been licensed/registered by the competent authority;

(37)   'Owner' means the person for the time being receiving or entitled to receive whether on his own account or on behalf of another person's as agent, trustee, guardian, manager or receiver or for any religious or charitable purpose, the rents or profits of the property in connection with which the word is used;

Note: The term Owner is synonymous with the term "Applicant";

(38)   'Parking Space' means an area enclosed or unenclosed, covered or open, sufficient in size to park vehicles, together with a drive-way connections the parking space with a street or alley and permitting ingress and egress of the vehicles;

(39)   'Permission or Permit' means a valid permission or authorization in writing by the competent authority to carryout development or a work regulated by this Bye-laws;

(40)   '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 lane or for any other public purpose;

(41)   'Prescribed' means prescribed by rules made under the Act;

(42)   'Private Street' means any street, which is not a 'public street' but does not include a pathway made by the owner of premises on his own land to secure access to or the convenient use of such premises;

(43)   'Public Place' includes any park or garden, ground or any other place to which the public have or are permitted to have access;

(44)   'Public Street' means any street over which public have a right of way, whether a thoroughfare or not and includes-

(a)      a broad way over or a foot way attached to any public have a right of way, and

(b)      the drain attached to any such street, public bridge or causeway and the land, whether covered or not by any pavement, verandah, or other structure, which lies on either side of the roadway up to the boundaries of the adjacent property, whether that property, is private property or property belonging to Government;

(45)   'Reconstituted Plot' means a plot which is in any way altered by the making of a town-planning scheme, land pooling scheme otherwise than by the severance of land used, allotted or reserved for any public or municipal purpose;

(46)   'Registered Builder/Developer' means a builder empaneled/registered with the Authority;

(47)   'Road' means any access viz. highway, street, lane, pathway, alley, or bridge, whether a thoroughfare or not, over which the public have right of passage or access or have passed and had access uninterruptedly for a specified period and includes all bunds, channels, ditches, storm water drains, culverts, side tracks, traffic islands, road side trees and hedges, retaining walls, fences barriers and railings within the road line;

(48)   'Road Width or Width of Road/Street' means the whole extent of space within the boundaries of a road when applied to a new road/street as laid down in the city survey or development plan or prescribed road lines by any act of law and measured at right angles to the course or intended course of directions of such road;

(49)   'Sanctioned Plan' means the set of plan and specifications submitted under the bye-laws in connection with a building and duly approved and sanctioned by the authority;

(50)   'Sanctioning Authority' means:

(a)      The Metropolitan Commissioner of the respective Metropolitan Region Development Authority;

(b)      The Vice Chairman of the respective Urban Development Authority;

(c)      The Commissioner of respective Urban Local Body;

(d)      The Executive Authority of the Gram Panchayat;

(e)      The Executive Authority of the Special Unit created as the case may be for the purpose of sanctioning and monitoring building and development activity, as applicable.

(51)   'Scheme' means a Town Planning Scheme/Land Pooling Scheme and includes a plan relating to such Scheme;

(52)   'Service Lane' means a lane provided at rear or side of a plot for service purposes;

(53)   'Set back' means 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 the rules;

(54)   'Settlement' means human settlement, whether urban or rural in character. It includes habited villages, towns, townships, cities and the areas notified under the control of the Authority;

(55)   'Street' means any means of access, namely, highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square, place or bridge, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a specified period, whether existing or proposed in any scheme, and includes all bunds, channels, ditches, storm-water drains, culverts, sidewalks, traffic islands, roadside trees and hedges, retaining walls, fences, barriers and railings within the street lines;

(56)   'Street Line' means the line defining the side limits of a road/street;

(57)   'Street level or Grade' means the officially established elevation of grade of the central line of the street upon which a plot fronts and if there is no officially established grade, the existing grade of the street its mid-point;

(58)   'To Abut' means to abut on a road such that any portion of the building is fronting on the road;

(59)   'Underground/Overhead Tank' means underground/overhead water tank, constructed or placed to store water;

(60)   '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 villages hamlets;

(61)   'Water Course/Nala' means a natural channel or an artificial one formed by draining or diversion of a natural channel meant for carrying storm and wastewater;

(62)   'Water Supply System' means a water supply system of a building or premises consists of the water service pipe, the water distribution pipes, and the necessary connecting pipes, fittings, control valves, and all appurtenances in or adjacent to the building or premises;

(63)   'Water Works' for public water supply include a lake, stream, spring, well, pump, reservoir, cistern, tank, duct whether covered or open, sluice, main pipe, culvert, engine, water-truck, hydrant, standpipe, conduit and machinery, land, building or thing for supplying or used for supplying water or for protecting services of water supply;

(64)   'Zonal Development Plan' means a plan detailing out the proposals of Master Plan/General Town Planning Scheme.

CHAPTER-II PROCEDURAL REQUIREMENT FOR OBTAINING LAND DEVELOPMENT/LAYOUT PERMISSION

Rule - 3. Interpretation.

In this Rules/Bye-Laws, the use of present tense includes the future tense, the masculine gender includes the feminine and the neuter, the singular number, includes the plural and the plural includes the singular. The word person includes a corporation as an individual, writing includes printing, typing and electronic mail and signature includes thumb impression made by a person who cannot write, if his name is written near to such thumb impression.

Rule - 4. Development and Alteration of Layout.

Except as hereinafter or otherwise provided, this Rules shall apply to all land developments, formation of private road and redevelopment of a Layout/Plot as well as to the design, redesign, additions and alterations to a layout.

Rule - 5. Part Development.

Where the whole or part of a layout is altered or redesigned, except where otherwise specifically stipulated, this Rules shall apply only to the extent of the work involved.

Rule - 6. Existing Approved Layout.

Nothing in this Rules shall require the removal, alteration or abandonment nor prevent continuance of the lawfully established use or occupancy of an existing approved land/layout development unless, in the opinion of the Executive Authority or Competent Authority such a land/layout development is unsafe or constitutes to be a hazard to the safety of adjacent area or to the occupants of the layout area itself.

Rule - 7. Procedure for obtaining Land/Layout Development Permission.

(1)     Land/Layout Development Permission Required

(a)      No person or a corporate body of the Government or a private corporate body shall carry out any land development or redevelopment or carry out layout or sub-divide or utilize the land or any portion of the same on the site or sites for building purpose including sub-division on any plot or additions, alterations in any layout or cause to be done without obtaining approval from the Executive/Competent Authority for the Land/Layout Development Plan.

 

(b)      The owner of any land shall, before he/she utilizes, sells, leases or otherwise disposes off such land or any portion thereof, as sites for construction of any type of building or for taking up any development activity, shall obtain the land/layout development permission from the Executive/Competent Authority.

 

(c)      No permission for the construction of buildings in such land or portion thereof shall be granted by the concerned Authority unless the Final Layout Plan is issued by the Competent Authority.

 

(d)      In cases where development has already been started/commenced on site for which development permission in writing of the Competent Authority is not obtained, but whereas the development on site is in accordance with the provisions of this rules, on submission of the application as prescribed the development permission for such work on site may be granted by the Competent Authority on the merits of each individual case. For such development works, over and above such other charges/fees may be otherwise levied, the additional amount @ twice the stipulated rates shall be charged.

 

(2)     Application for Permission

(a)      Every person or a corporate body of the Government or a private corporate intending for Land/Layout development shall apply in writing and or through On-Line System to the Concerned Executive Authority of such intention in the prescribed FORM-I appended to this rules.

 

(b)      The Executive Authority before according approval shall get prior Technical Approval of the Competent Authority i.e.

 

(i)       the Metropolitan Commissioner/Vice-Chairman of the respective Development Authority if the site is in the jurisdiction of a Development Authority in site area up to 10.00 hectares. In other bigger projects above 10.00 hectares in all Urban Development Authorities except Visakhapatnam Urban Development Authority the competent authority shall obtain opinion of Director of Town and Country Planning.

or

(ii)      the Director of Town and Country Planning if the site is not included in the jurisdiction of any Development Authority;

or

(iii)     any other designated officer as authorized for such approval.

(c)      The layouts prepared by the Revenue Department for distribution of pattas to the weaker section shall be in accordance with this rules. In case of Weaker Section Housing Program the guidelines issued by the State Government should invariably be followed and the Executive Authority shall approve such layouts.

 

(3)     Plans and Documents to be submitted

The Applicant shall submit the plans and documents as stated below.

All Plans shall be submitted in the hard copy (as many number of copies as prescribed) and also soft copy in Auto-CAD format with Geo-coordinates.

(a)      Location Plan:

Location plan drawn to a scale of not less than 1:2000 shall be submitted along with notice showing boundary, location of the site with respect of neighborhood land marks.

(b)      Site Plan:

A Site Plan shall be drawn to scale of not less than 1:500 for areas up to 1 Hectare and not less than 1:1000 for the areas more than 1 Hectare and it shall show 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.

(i)       The direction of North point relative to the plan of the buildings/plots;

 

(ii)      The boundaries of the site and of any contiguous land belonging to the owner thereof and any other lands owned by the private/government;

 

(iii)     The position of the site in relation to neighboring street;

 

(iv)    The names and widths of the streets in which the building/plot is proposed to be situated;

 

(v)      All existing physical structures, well, drains, trees, boulders, etc. overhead electric supply lines, natural drainage (major and minor nalas), any utility lines and water lines standing on, over or under the site etc. shall be shown;

(1)     The boundaries of the site and in case where the site has been partitioned, the boundaries of the portion, owned by the applicant and also of the portions owned by others;

(2)     All adjacent streets, buildings (with number of storeys and height) and premises and natural drainage and water lines within a distance of 12m of the site and of the contiguous land, if any;

 

(3)     The nearest existing streets shall be indicated.

 

(vi)    The means of access (approach road) from the street to the layout, and to all other sub-layouts, if any which the applicant intends to propose layout upon his contiguous land;

 

(vii)   The ground area of the whole property and the breakup of roads and area reserved/earmarked for public purposes with the calculation for percentage in layout in terms of the total area of the plot as required under the Rules/Conditions;

 

(viii)  Combined FMB Sketches with details of sub-divisions for the site and surroundings;

 

(ix)    Parking plans indicating the parking spaces and drive ways;

 

(x)      Such other particulars as may be prescribed by the concerned Executive/Competent Authority.

 

(c)      Layout/Sub-division Plan:

A Layout Plan drawn to a scale of not less than 1:500 showing boundaries of land, proposed number of plots with dimensions and area of each plot and its uses as per this rules, alignment and width of the proposed streets/roads, dimensions and areas of reserved/earmarked for public proposes are provided according to this rules;

In the case of development work the notice shall be accompanied by the layout/sub-division plan which shall be drawn on a scale of not less than 1:500 containing the following:

(i)       North Point;

 

(ii)      Scale used;

 

(iii)     Dimensions: All dimensions shall be indicated in metric units only.

 

(iv)    The location of all proposed and existing roads with their existing and proposed prescribed widths:

 

(v)      Dimensions of plot along with building lines showing the setbacks with dimensions within each plot:

 

(vi)    The proposed drawings of Water Supply Network, Drainage Network, Sewer Lines, Wastewater Network, Electrical Ducts or lines, Telephone Lines and OFC cable etc. if any shall be marked on contour layout plan;

 

(vii)   Table indicating size, area and use of all the plots proposed;

 

(viii)  A statement indicating the total area of the site, area utilised under roads, open spaces for parks, playgrounds, recreation places and development plan reservations, schools, shopping and other public places along with their percentage with reference to the total area of the site proposed to be sub divided;

 

(ix)    In case of plots which are sub-divided in built-up areas in addition to the above, the means of access to the sub-division from existing streets;

 

(x)      The alignment of existing and proposed roads and other proposed uses as per Master Plan/Zonal Development Plan;

 

(xi)    The existing 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, Ring Roads passing through the layout site; and

 

(xii)   Layout number or plot number of the property on which the layout is intended to be proposed is to be indicated on the drawing; (Example: ward/Street number/Plot No).

 

(d)      Service Plan and Water Supply Provisions

For recharging ground water, rain water-harvesting provisions are to be provided within the layout/plot, which are to be indicated on the plans with detailed description and also indicating plans including cross-section of rain water structures.

(e)      Other Documents

(i)       Initial Land Development Permit Fee to be paid along with Land/Layout Development Application and other fee and charges as prescribed by the Executive/Competent Authority;

 

(ii)      Self-Attested copies of Ownership Documents/Lease-deed/Sale-deed, RSR with Link Documents giving the physical description of the property;

 

(iii)     Latest Non Encumbrance Certificate for the site proposed for development from the Registration Department;

 

(iv)    Extract of Land Use Plan (as per Master/Zonal/Indicative Land Use Plan);

 

(v)      NOC from the District Collector in case of Assigned Lands and Alienated Lands;

 

(vi)    NOC from the Revenue Department under the Andhra Pradesh Agricultural Land (Conversion for Non-Agricultural Purpose) Act, 2006;

 

(vii)   Statement of the details and dimensions of each plot, percentage of area under public open spaces, roads, amenities and plotted area;

 

(viii)  An undertaking for mortgage of plots to the extent specified in favor of Competent Authority/Executive Authority as security for providing required infrastructure and amenities (if the applicant fails to provide) in the form prescribed in Appendix-A appended to this rules;

 

(ix)    Undertaking in prescribed form jointly by owner and qualified Licensed Technical Personnel (surveyor/engineer) (in Form-I) for carrying out the development works as per prescribed standards and this rules;

 

(x)      NOC form Irrigation and Revenue Departments shall be submitted if the proposed layout is getting access through canal bund/tank bund or crossing a canal and also if the layout boundary is within a distance of 50m within limits of local authority and 100 m outside the limits of local authority from the major rivers.

 

(xi)    NOC from Railways Authorities shall be submitted if the layout boundary is within a distance of 30m from the Railway boundary;

 

(xii)   NOC from Highway Authorities shall be submitted if the layout boundary is abutting to National Highways/State Highways and having no service road. If service road abutting Highway is proposed within layout with less intervention with highway, no separate NOC is required.

 

(xiii)  NOC from Defense Authorities shall be submitted if the layout boundary is within a distance of 500m of the Military Areas;

 

(xiv)  NOC from the Oil/Gas Authority wherever required.

 

(xv)   NOC from Environmental Impact Assessment Authority (wherever required).

 

(xvi)  NOC from Forest Department if the site is abutting notified Forest.

 

(xvii) NOC from State Archaeological Department wherever required.

 

(xviii)   NOC from Coastal Zone Management Authority wherever required.

 

(xix)  Any other information/document, which may be prescribed by the Competent Authority;

 

(f)       Signing the Plans and Application

All the Plans and Application for Land Development Permission shall be duly signed by the owner and developer if any; and the Licensed/Registered Technical Personnel i.e.

Architect/Engineer/Surveyor/Town Planner as the case may be. They shall give their present and permanent addresses and license/Registration details.

(g)      Permit Fees and other Charges

 

(i)       No Land/Layout Development Application shall be deemed valid unless and until the owner/developer submitting the application has paid the Land Development Permit Fees and other charges as notified by the concerned Authority from time to time as per the procedure prescribed.

 

(ii)      The Initial Land Development Permit Fee of the Land/Layout Development Permission to be paid along with the Application is as follows:

TABLE-1

INITIAL PERMIT FEE TO BE PAID ALONG WITH LAYOUT APPLICATION

(iii)     In case of rejection of Land/Layout Development Application, the above initial fees paid would be forfeited.

 

(iv)    The other Land Development Fees and charges as prescribed by the Government/Development Authority/Local Authority shall be paid before the issue of permission/sanction on intimation.

 

(v)      Levy of Special Fees and Other Provisions for Certain Areas

The Sanctioning Authority with the specific approval of the Competent Authority/Government, when implementing certain Capital Intensive Projects for the Local Authority/Development Authority, in addition to the initial land development permit fee and other development fee and charges may levy Special fees/charges for lands/sites/premises abutting or in the vicinity of the Ring Road or other highways/major roads or the Mass Rail Transit System/Light Rail Transit System/Multi Modal Transit System/Bus Rapid Transit System route indicated in the Master Plan or as proposed, at the rates and procedure prescribed by the Competent Authority/Government. The procedure for collection of this fee shall be as prescribed.

(vi)    No fee or charges shall be levied in case of land/layout development for weaker section housing programmes proposed by Government/Local Authority/Development Authority

(h)     Mortgage of Plotted area for ensuring the development of 'Internal Development Works':

(i)       For release of the Final Layout Plan [FLP], the Owner/Applicant shall mortgage (in the form prescribed in Appendix-A) 15% of the Plotted Area shown in the Final Layout Plan [FLP] in favour of Development Authority/Executive Authority for ensuring the development of 'Internal Development Works' within the prescribed time in the layout area which is obligatory on the Owner/Applicant. However, Mortgaging of plotted area is not applicable to APIIC layouts and layouts developed by Government agencies.

 

(ii)      The mortgage is purely a measure to ensure compliance of the conditions for development of 'Internal Development Works' by the owner/applicant and the Development Authority/Executive Authority is in no way accountable to the plot purchasers in the event of default by the owner/applicant.

 

(iii)     In case, the owner/applicant fails to develop the layout area with all the 'Internal Development Works' within the prescribed time as specified by the Development Authority/Executive Authority, the area so mortgaged shall be forfeited and also liable for any criminal action taken up by Development Authority/Executive Authority under the provisions of the Acts.

 

(iv)    The 15% of plotted area mortgaged will be released to the owner/applicant on completion of the 'Internal Development Works'.

 

(v)      In case of any failure to develop the 'Internal

Development Works', Development Authority/Executive Authority shall develop the 'Internal Development Works' as per the Final Layout Plan [FLP] duly withdrawing the mortgaged area and may sell/auction/choose any mode of disposal of such plotted area without any further notice to the owner/applicant for realizing the funds required for provision of the 'Internal Development Works'.

(vi)    The owner/applicant is not eligible and competent to question Development Authority/Executive Authority about the receipt of the amount in the auction or allotment and also expenditure for undertaking the 'Internal Development Works'.

 

(vii)   The concerned authority shall not consider any building/development permission in the area under mortgage to Development Authority/Executive Authority.

 

(viii)  On receipt of the mortgage deed from the Sub-Registrar and also the latest certificate of Encumbrance on the Property from the sub-Registrar in favour of Development Authority/Executive Authority. The Final Layout Plan [FLP] shall be sent to the owners/developers for development and also construction of compound wall for the Public Open Space.

 

(ix)    A copy of the Final Layout Plan [FLP] shall also be sent to the Sub-Registrar of the Registration Department indicating the mortgaged area and other area permitted for sale. The Sub-Registrar shall be specifically addressed to ensure that no sale transaction takes place in the mortgaged area till further communication is sent by the Development Authority/Executive Authority to the Registration Department.

 

(x)      On completion of all the developmental works shall submit requisition letter to the Development Authority/Executive Authority for release of mortgaged plots, duly handing over public open spaces, master plan roads and roads by way of registered gift deed to the Local Authority.

(4)     Grant of Permission or Refusal:

(a)      The Layout proposals with plans/drawings and specifications may be sanctioned with or without modifications or directions as are deemed necessary or refused within:

(i)       45 days from the date of Notice in case of layout applications;

 

(ii)      If any application is not disposed of within a period of 45 days from the date of receipt it shall be deemed to have been sanctioned in accordance with the provisions of this 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;

 

(b)      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 this rules;

 

(ii)      The land is not getting access from the Public Approach Road.

 

(iii)     The proposed street or road and also use of the land in the layout does not conform to the provisions of the Act or the Master Plan/Zonal Development Plan/any other sanctioned plan or zoning regulations and this rules;

 

(iv)    The proposed street or road of the layout is not so planned as to connect at least at one end with a street which is already open;

 

(v)      Linkages with the adjoining layouts are not proposed;

 

(vi)    The required area and locations for public purposes specified in this rules has not been set apart; and

 

(vii)   Overall Layout pattern, % of various uses and their locations are not in a regular order.

 

(c)      If a reply is not received from the applicant within stipulated time after the receipt of the communication referred above, the original application shall be treated as having lapsed.

 

(d)      No Application shall be valid unless the information required by the Authority under the Rules or any further information which may be required has been furnished to the satisfaction of the Authority and required fees has been paid;

 

(e)      The Owner/Licensed or Registered Technical Person and other shall be fully responsible for any violation of Master Plan/Zonal Plan/Planning Scheme/Land Development Rules, Architectural Control, Lease Deed Conditions etc. In case of any default they shall be liable for action. Any development/construction so made shall be deemed to be unauthorized.

 

(5)     Process of Application

 

(a)      On receipt of the application for Land/Layout Development Permission, the Executive Authority shall examine the same with reference to the rules and duly verifying the details on ground and shall forward the application along with all the enclosures and remarks to the Competent Authority within the Seven (7) days;

 

(b)      And in case the application and the required particulars are not in order, the Executive Authority may call for further particulars, if required and necessary within the prescribed Seven (7) days' time.

 

(c)      The applicant shall furnish the required particulars within Seven (7) days from the date of receipt of the notice by him;

 

(d)      The Executive Authority shall thereafter forward the Application to the Competent Authority, with the layout plan and full particulars within a period of Seven (7) days from the date of receipt of particulars from the applicant;

 

(e)      The Competent Authority within Ten (10) days shall examine the proposals in detail with reference to this rules and either accord technical sanction for Tentative Layout Plan [TLP] prepared showing the road pattern in accordance with the Master Plan/Zonal Development Plan/Land Pooling Scheme Plan/Town Planning Scheme Plan/any other Sanctioned Plan vis-?-vis. the existing development on ground, Blocks of the proposed Plots (at this stage the plot boundary each plot need not be shown) and the Public Open Spaces for parks, play grounds, etc. and any other proposal for amenities or call for further particulars if any required addressing the applicant and duly informing the Executive Authority.

 

(f)       In case the Tentative Layout Plan [TLP] is forwarded, the applicant shall demarcate the Tentative Layout Plan [TLP] pattern on ground [Demarcation of the TLP means the road pattern, public open spaces, areas earmarked for amenities and the blocks of the plots as shown in the TLP shall be peg marked on ground and the measurements shall be taken and the layout plan shall be prepared duly showing the measurements and differences if any from that of the TLP] within Fifteen (15) Days.

 

(g)      The applicant shall inform the Executive Authority and the Competent Authority duly enclosing the Demarcated Layout Plan [DLP] as demarcated on ground duly stating the differences if any from that of the TLP.

 

(h)     If the TLP is not acceptable to the applicant, he shall submit the request for revision duly stating the reasons for the same within Seven (7) days. He shall submit the application through the Executive Authority duly sending a copy to the Competent Authority also.

 

(i)       On receipt of the Demarcated Layout Plan (DLP) from the applicant, the Executive Authority shall inspect the site and submit a feasibility report within Seven (7) days to the Competent Authority;

 

(j)       The Competent Authority shall inspect the site if required and examine the Demarcated Layout Plan [DLP] with reference to the rules in force and issue the Final Layout Plan (FLP) showing the road pattern in accordance with the Master Plan/Zonal Development Plan/Land Pooling Scheme Plan/Town Planning Scheme Plan/any other Sanctioned Plan vis a vis the existing development on ground, proposed Plots (at this stage the plot boundary each plot shall be shown with dimensions) and the Public Open Spaces for parks, play grounds, etc. and any other proposal for amenities and assign the Final Layout Plan [FLP] No. [with unique number as specified] within Fifteen (15) days and send it to the Executive Authority;

 

(k)      The Executive Authority shall, within Seven (7) days, send a copy of the Final Layout Plan (FLP) to the applicant along with the conditions and modifications if any and with the details of the provision of amenities and also directing him to mortgage 15% of the area of the proposed plots in favor of the Development Authority/Executive Authority (in the form prescribed in Appendix-A) [as a measure of security for provision of amenities i.e. Water Supply, Electricity, Roads etc. to be provided by the applicant] within ten (10) days.

 

(l)       After receipt of such mortgage the applicant shall be directed to form the roads, to provide Drainage and Water Supply and Electricity and other utilities, Compound wall to the area reserved for Public Open Space for Park/Playground and utilities as per specifications in the FLP within prescribed time and to hand over to Executive Authority through Registered Gift Deed/Settlement Deed at free of Cost.

 

(m)    In case of any failure to fulfill the conditions within the prescribed time, the Development Authority/Executive Authority shall develop the 'Internal Development Works' as per the Final Layout Plan [FLP] duly withdrawing the mortgaged area and may sell/auction/choose any mode of disposal of such plotted area without any further notice to the owner/applicant for realizing the funds required for provision of the 'Internal Development Works'.

 

(n)     No building shall be constructed in the layout area in the plots which are mortgaged to Competent Authority/Executive Authority, unless re-conveyance deed is executed by Competent Authority/Executive Authority.

 

(o)      After re-conveyance of the mortgaged area and after fulfilling the above conditions the Executive Authority shall sanction and release the Layout Development Completion Certificate (LDCC).

 

(p)      In case of failure of fulfilling the conditions by applicant within stipulated time, all the roads and public open spaces such as parks and playgrounds earmarked in the Final Layout Plan [FLP] in accordance with this rules, which is sanctioned by the Executive Authority shall automatically stand transferred at free of cost, and vest with the Local Authority free from all encumbrances. After such vesting, the Executive Authority shall maintain all such areas reserved for Public purposes for which they have been earmarked in the Final Layout Plan [FLP] without any deviation.

 

(q)      The Government/the Competent Authority may also adopt an electronic process of the application of the Land/Layout Development Permission duly modifying whole or part of the above procedure if required.

 

(6)     Maintenance of Land/Layout Development Application Register

The Executive Authority shall maintain Land/Layout Development Application Register of all land developments, layouts, fees and charges collected in prescribed manner containing the necessary particulars including information as to the manner in which Applications for permission have been dealt with.

(7)     Duration of Sanction

 

(a)      The Land/Layout Development shall be commenced within One year from the date of sanction.

 

(b)      The duration of completion of Land/Layout Development from the date of sanction is valid for a period of 3 years subject to the condition that development shall be commenced within a period of one year.

 

(c)      If no development works are taken up and no plots are sold the permit shall be got revalidated for another 2 years before the expiry of the validity period and revalidation shall be subject to the rules then in force and the application for revalidation shall be treated as one for a new application.

 

(d)      The Fee for revalidation for Land/Layout Development Permission shall be 50% of the layout permit fee.

 

(e)      No development activity shall be carried out after the expiry of validity period.

 

(8)     Revalidation

 

(a)      If the applicant partly do the development and fails to complete the land development within the validity period and if the development done so far is in accordance with the rules, then the applicant may submit an application for revalidation duly paying the fee as prescribed and the Competent Authority may issue the permission for revalidation for further spells of 2 years period on payment of 50% layout permit fee for each spell.

 

(b)      Application for such revalidation shall be submitted along with the following documents:

(i)       Original sanctioned plan;

 

(ii)      Revalidation fee as prescribed;

 

(iii)     Ownership documents or Affidavit for updated ownership document after previous sanction.

 

(iv)    NOC required from lessor in case the property is lease hold, for time extension for construction.

 

(v)      Documents in support of Land Development, if any, having been done within valid period of sanction;

 

(vi)    Certificate of supervision from the Licensed Technical Personnel that the development is being carried out under his supervision according to the sanctioned plans.

 

(c)      The application for revalidation shall be processed and revalidation or objection, if any, shall be communicated to the applicant as prescribed for Process of Application for the Land/Layout Development Permission.

 

(9)     Revocation of Permission

The Executive Authority after consulting the Competent Authority, may revoke any Land/Layout Development Permission issued under the provisions of the Rules duly giving an opportunity to the applicant to represent if any, wherever there has been any false statement, misrepresentation of material facts in the application on which the permission was based and shall be communicated to the applicant in the prescribed form for Revocation of Permission.

(10)   Penal Action against Licensed Technical Personnel

 

(a)      The Executive Authority reserves the right to take action and to debar/black list the Licensed Technical Personnel i.e., Architect, Engineer, Structural Engineer, Supervisor and Town Planner, if found to have deviated from the professional conduct or to have made any misstatement or on account of misrepresentation of any material fact or default either in authentication of a plan or in supervision of the development against this rules and the sanctioned plans.

 

(b)      If the Executive Authority finds at any time any violation of Rules or misrepresentation of fact, or development at variance with the sanction or this Rules, inclusive of the prescribed documents, the Executive Authority shall be entitled to revoke the sanction and take appropriate action against such Licensed Technical Person and he shall not be authorized to submit the plans, fresh plans till finalization of the case.

 

(c)      Before debarring or blacklisting such Licensed Technical Person if found to be indulging in professional misconduct or where he/she has misrepresented any material fact the Local Authority shall give him a show-cause notice with a personal hearing.

 

(11)   Documents to be kept at site

A copy of sanctioned plan shall be exhibited in a conspicuous place on the property in respect of which the permission was issued.

(12)   Checking of Land/Layout Development and Enforcement

In addition to the enforcement powers and responsibilities given in the respective laws of the local authority, in respect of this Rules:

(a)      It shall be the responsibility of the Owner/Developer/Licensed Technical Personnel to ensure that the development is in accordance with the sanctioned plans [FLP].

 

(b)      The Enforcement Authority concerned shall be wholly and severally responsible for ensuring and maintaining the right of way/width of the road and development restrictions as given in this Rules.

 

(c)      The Enforcement Authority shall summarily remove any violation or deviation in development.

 

(d)      Any person who whether at his own instance or at the instance of any other person or anybody including the Government Department undertakes or carries out construction or development of any land in contravention of the statutory master plan or without permission, approval or sanction or in contravention of any condition subject to which such permission or approval or sanction has been granted shall be punished with imprisonment for a term which may extend to three years, or with fine which may extend to ten percent of the value of land or building including land in question as fixed by the Registration Department at the time of using the land or building. Provided that the fine imposed shall, in no case be less than fifty percent of the said amount.

 

(13)   Notice of Completion

(a)      Every owner/developer shall submit a Notice of Completion in the prescribed Form to the Authority regarding completion of the work on or before the last date as stipulated in the permission.

 

(b)      The notice of completion shall be submitted by the owner/developer duly signed by the Licensed Technical Personnel, who has supervised the development, accompanied by two sets of completion plans (as in the case of sanctioned plan including one cloth mounted copy) and the following documents along with the prescribed fee if any:

 

(i)       Two sets of photographs of the land development from all sides and also the Public Open Spaces and Amenity areas duly signed by Owner, Developer and Licensed Technical Personnel.

 

(ii)      Two sets of photographs of the Rain Water Harvesting Structures duly signed by Owner, Developer and Licensed Technical Personnel.

 

(iii)     A certificate by the Owner, Developer and Licensed Technical Personnel for construction of roads, drains, Street Lighting and water supply work, under their supervision and in accordance with the approved specifications and sanctioned plans as applicable.

 

(iv)    A certificate by the Owner, Developer or Licensed Technical Personnel with regard to the construction of Rain Water Harvesting Structures, wherever required as per the sanctioned plans.

 

(v)      Any other information/document that the Authority may specify.

(14)   Land/Layout Development Completion Certificate [LDCC]

(a)      The Sanctioning Authority or the person authorized, on receipt of notice of completion shall undertake inspection to verify the following aspects:

(i)       Construction of roads and drains as per the sanctioned plan;

 

(ii)      Laying electricity lines for street lights as per the specifications;

 

(iii)     Development of public open spaces and provision of utilities and amenity areas as per sanctioned plans;

 

(iv)    Rain Water Harvesting pits in public open space.

 

(b)      In case, there is a deviation in the land development, which cannot be compounded, the LDCC will be rejected and communicated to the applicant in the prescribed form.

 

(c)      If the land development is as per sanctioned plans and this rules, the Executive Authority shall communicate the approval of the LDCC in the prescribed Form within 15 days.

 

(d)      If nothing is communicated within this period, the LDCC is deemed to have been issued by the Executive Authority provided the fact is immediately brought to the notice of Executive Authority in writing by the person, who had given the completion notice and has not received any intimation from the Executive Authority within 15 days.

 

(e)      If the executive authority fails to issue the land/layout development certificate within the above stipulated period the responsibility shall be fixed with the concerned officer who fails to process the file and a fine of Rs. 1000/per day of delay shall be collected from such person and paid to the applicant.

 

(f)       The executive authority shall ensure that the development shall be disable friendly and provide facilities for Differently abled persons, Elderly and Children as per the Rules there under and also as per the latest version of National Building Code of India while issuing land/layout development certificate.

 

(g)      The Registration Authority shall register only the sanctioned plots as per the Final Layout Plan and only upon producing and filing a copy of such sanctioned plan. On the Registration Document it should be clearly mentioned that the registration is in accordance with the sanctioned Final Layout Plan (FLP).

 

(h)     The financial agencies/institutions shall extend loan facilities only to the permitted area as per the sanctioned Final Layout Plan (FLP).

 

(15)   Limitations of Land Development/Layout Permission

Land Development/Layout Permission shall not mean responsibility or clearance of the following aspects:

(a)      Title or ownership of the site or building

 

(b)      Easement Rights

 

(c)      Variation in area from recorded area of a plot/site or building

 

(d)      The site/area liable to flooding as a result of not taking proper drainage arrangement as per the natural lay of the land, etc. and

 

(e)      Other requirements or licenses or clearances required for the site/premises or activity under various other laws.

 

(16)   Licensing of Builders, Developers, Engineers, Landscape Architects, Real Estate Companies, Structural Engineers, Supervisors, Town Planners, Urban Designers & Other Technical Personnel

(a)      The Licensing of Builders, Developers, Engineers, Landscape Architects, Real Estate Companies, Structural Engineers, Supervisors, Town Planners and Urban Designers & Other Technical Personnel mandatory shall be in accordance with the rules as prescribed.

 

(b)      Architects shall be required to be registered with the Council of Architecture as required under the Architects Act, 1972.

 

(c)      The engaging of the services of a licensed developer/builder shall be mandatory for Land Development.

 

(d)      Any developer/builder undertaking development or any firm doing property business in any Local Authority/Urban Development Authority Area or soliciting property sale/transactions or advertising as such in case of above, shall necessarily mention the details of its licence number, licence number of the licensed developer to whom the approval is given by the said Local Authority/Urban Development Authority, together with the permit number and its validity for information and verification of public/prospective buyers.

 

(e)      Absence of the above or suppressing of the above facts or in the case of other licenses and other technical personnel who violate the conditions would invite penal action including debarring of the real estate firm/development firm/company from practice in the local authority area for 5 years besides prosecution under the relevant laws/code of conduct by the Sanctioning Authority.

CHAPTER-III ESSENTIAL REQUIREMENTS FOR LAND/LAYOUT DEVELOPMENT PERMISSION

Rule - 8. Restrictions on the Land/Layout Development.

(1)     Vicinity of Airport

The Land/Layout development in the vicinity of the Airport shall be guided by the following:

(a)      In case the Colour Coded Zoning Map (CCZM) is prepared by the Airport Authority of India, the guidelines issued along with the CCZM shall be followed.

 

(b)      The building heights and other parameters shall be regulated as per the stipulations of the Airport Authority of India as notified in Gazette of India Extraordinary (S.O. 1589) dated 30-06-2008 and as amended from time to time by Ministry of Civil Aviation, Government of India.

 

(c)      The conditions as stipulated in the Andhra Pradesh Building Rules 2017 and as amended from time to time shall be followed while permitting the buildings along with Land Development if any.

 

(2)     Defense Establishments

(a)      In case of Sites within 500m distance from the boundary of Defense Areas/Military Establishments prior clearance of Defense Authority shall be obtained.

 

(b)      In case of Naval Science and Technological Laboratory (NSTL), Visakhapatnam, no building shall be allowed with in a distance of 20m from the boundary wall of NSTL, Visakhapatnam.

 

(3)     Electrical Lines

In case of Electricity Tower lines, the land below the tower line to the width of tower base shall be developed as green belt and on either side of green belt there shall be a minimum of 10m wide roads or as defined in the Master Plan. Such area under green belt shall be reckoned towards reserved open space to a maximum extent of 50% of the required layout open space.

(4)     Environmental Impact Assessment Notification-2006

As per the provisions laid under the EIA Notification S.O. 3999 (E), Dt. 09.12.2016 issued by MOEF and Climate Change, GOI with reference to "Building/Construction Projects/Area Development Projects and Townships" complying with the following threshold limits fall under category B and are required to obtain prior Environmental Clearance (EC) from State Environmental Impact Assessment Authority (SEIAA), Ministry of Environment and Forests, Government of India.

TABLE-2

Area Development Projects and Townships

(5)     Vicinity of Heritage Structures

(a)      In case of Sites located within the distance up to 100m from protected monuments as notified under Archeological Monuments and Ancient Sites and Remains Act 1955 and as amended no construction is allowed. Hence no plot shall be proposed within this distance.

 

(b)      For the Sites located within distance of above 100m and up to 200m from the protected monuments, the construction is allowed only after obtaining prior permission from the National Monument Authority. Hence prior permission shall be submitted for considering the Land Development/Layout.

 

(c)      For the Sites located within the vicinity of any Heritage Structure notified as per the respective law, the prior clearance from the concerned authority shall be obtained.

 

(d)      For the development/redevelopment of any notified Heritage Structure the stipulations as prescribed by the respective authority shall be followed.

 

(6)     Oil/Gas Pipelines

In case of Sites in the vicinity of Oil/Gas pipelines, clearance distance and other stipulations of the Respective Authority shall be complied with. The Oil/Gas Authorities shall also specify the clearances required stretch wise to Local Body.

(7)     Railways

The distance between the Railway Property Boundary and the edge of the building shall be 30m as per Indian Railways Works Manual or as per No Objection Certificate (NOC) given by the Railway Authorities.

(8)     Religious Structures

(a)      In case of Sites located within a radius of 100m from the notified religious structure from time to time by the sanctioning authority, the construction is allowed up to 12m height only.

 

(b)      For the Sites located within a radius of above 100m and up to 300m from the notified religious structure as notified from time to time, only non-high rise structures are allowed.

 

(9)     Site and Land Use Pattern

Notwithstanding anything contained in this Rules, no Land Development/Layout permission on any site shall be sanctioned if:

(a)      the proposed land use does not correspond to the land use in the Development Plan/Master Plan/Layout Plan or any draft/sanctioned plan for the area or the zoning regulations.

 

(b)      the use of Layout and building or place will be a source of annoyance to, or injurious to the health of the inhabitants of the neighbourhood.

 

(c)      the construction of any building is for public worship, which in the opinion of the Sanctioning Authority will affect the religious feelings of any class or persons in the vicinity thereof.

 

(d)      there is deposited refuse, excreta or other offensive matter, which is considered objectionable, until such refuse, excreta or other offensive matter has been removed there from and the plot has been prepared or left in a manner suitable for land development, redevelopment or building purpose.

 

(e)      it comprises or includes a pit, quarry or other similar excavation or any part thereof unless such plot has been prepared or left in a manner or condition suitable for land development or redevelopment or building purposes.

 

(f)       it is liable to flood or on a slope forming an angle of more than 45 degrees with the horizontal or on soil unsuitable for percolation or on area shown as floodable area in any plan/scheme or in sandy beds, unless it is proved by the owner that construction of such a building will not be dangerous or injurious to health and the site will not be subjected to flooding or erosion, or cause undue expenditure of public funds in the provision of roads, sewers, sanitation, water supply or other public services.

 

(g)      it is for any land development or redevelopment of land or construction in any area notified by Government of India as Coastal Regulation Zone under the Environment (Protection) Act, 1986 (29 of 1986) and Rules made there under and it shall be subject to the restrictions that may be imposed by Government of India contained in the said notification as amended from time to time.

 

(h)     the required permission/No Objection Certificates of any other Departments/Agencies as required under law has not been obtained for any land developments and constructions.

 

(10)   Vicinity of important buildings

No private building exceeding 10m height shall be permitted within 200m radius from the boundary of the Governor's House, State Secretariat, Legislative Assembly, Official Residences of Chief Justice of High Court, Chief Minister, Heads of Legislature and such other buildings as may be notified by the ULB/Government from time to time. Hence the Land Development/Layout shall be considered subject to this condition.

(11)   Water Bodies

(a)      No building/Land Development shall be approved in the bed of water bodies like river or nala and in the Full Tank Level (FTL) of any lake, pond, cheruvu or kunta/shikam lands.

Unless and otherwise stated, the area and the Full Tank Level (FTL) of a Lake/Kunta shall be reckoned as measured and as certified by the Irrigation Department and Revenue Department.

(b)      The above water bodies and courses shall be maintained as Recreational/Green Buffer Zone and no building activity/Land Development shall be carried out within:

(i)       100m from the boundary of the major Rivers outside the limits of Local Authorities and 50m within the limits of the Local Authorities. The boundary of the river shall be as fixed and certified by the Irrigation Department and Revenue Department.

 

(ii)      30m from the FTL boundary of Lakes/Tanks/Kuntas of area 10Ha and above/other than major rivers.

 

(iii)     9m from the FTL boundary of Lakes/Tanks/Kuntas of area less than 10Ha/shikam lands;

 

(iv)    9m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width more than 10m.

 

(v)      2m from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width up to 10m.

 

(c)      Unless and otherwise specified in the Master Plan/Zonal Development Plan.

(i)       In case of (b) (i) & (ii) above, the buffer zone may be utilised for road of minimum 12m width, wherever feasible.

 

(ii)      In case of (b) (ii) above, in addition to development of recreational/green belt along the foreshores, a ring road or promenade of minimum 12m may be developed, wherever feasible 3.6m walking/cycle track within the 30m buffer strip may be provided.

 

(iii)     The above buffer zone to be left may be reckoned as part of open space and not for setback requirements.

 

(iv)    In case of areas along the sea coast, the Coastal Regulation Zone Regulations shall be followed.

Rule - 9. Land use.

(1)     The permission for Land/Layout Development shall be considered in sites in accordance with the provisions of the Perspective Plan/Master Plan/Zonal Development Plan/any other sanctioned plan or any other draft plans notified under the respective Acts.

(2)     The Land uses as permissible under the respective zoning regulations shall be complied with.

(3)     The land/layout development permission shall be in accordance with the circulation pattern and road widths as proposed in the plans as at sub rule (1) above.

Rule - 10. Approach Road.

(1)     The site proposed for land/layout development/redevelopment shall have access from an established public approach road.

 

(2)     In case the public road is less than 12m in width and not specified in any development plan/Master Plan the applicant shall make it to 12m by leaving required area within his site. In case the access road is proposed for widening in any development plan/Master Plan/Perspective Plan/Zonal Development Plan or any other draft plans notified under the respective Acts for easy movement of people and vehicles the applicant shall earmark and leave the affected area equally on either sides of such roads.

 

(3)     No plot in the layout shall get direct access from any National or State Highway or Ring Road or Expressways or any road which is proposed in the Master Plan or any other sanctioned plans as 30m or more in width. The access shall be through a service road of at least 12m wide which shall be proposed within the layout site.

Rule - 11. Roads in the Layout Development.

(1)     In case the road network proposed in the Perspective Plan/Master Plan/Zonal Development Plan/any other draft or sanctioned plan and the road widths proposed in the Road Development Plan/Ring Road/Expressways or any road approved by the Competent Authority are falling in the proposed area, the same shall be incorporated and adhered in the Land/Layout Development and the width and the pattern shall be followed without any change.

 

(2)     Where ever Perspective Plan/Master Plan/Zonal Development Plan/any other draft or sanctioned plan or Road Development Plan are not available, the minimum width of roads proposed in the land/layout development for National Highway shall be 60m, State Highways shall be 30m and Major District road shall be 20m.

 

(3)     In case of Commercial and Industrial Layouts, the minimum width of the road shall be 12m.

 

(4)     The minimum width of the roads with reference to the length proposed shall be as indicated in the Table-3 below.

TABLE-3

Width of the Roads with reference to the Length of the Roads

Note: (1) The above is a guideline. However the hierarchy of the road widths as per the planning standards and transportation planning principles shall be followed in deciding the higher road widths depending on the location of the site and nature of development and the decision of the Competent Authority is final in the matter.

(2) Total length of block of plots shall not exceed 150 mts.

(3) Culde-sac street not exceeding 50 mts length shall be of minimum 8 mts in width.

Rule - 12. Minimum Size of Plots.

(1)     Residential Plots:

 

(a)      The minimum size of plots shall be 100 sq.m. which is getting access from 12m wide road and the frontage (width facing the road) of the plot shall be not less than 8m.

 

(b)      The minimum Plot size shall be 150 sq.m. if the road width is more than 12m and the frontage of the plot shall be not less than 10m.

 

(2)     Commercial Plots: The minimum Plot size shall be 150 sq.m. and the frontage of the plot shall be not less than 10m.

 

(3)     Industrial Plots:

(a)      The minimum Plot area shall be 300 sq.m. and the frontage of the plot shall be not less than 15m.

 

(b)      In case of small enterprises such as automobile workshops, garages etc, the minimum plot area shall be 50 sq.m

Rule - 13. Reservation and Allotment of Land.

(1)     The reservation and allotment of land for various purposes in the land/layout development shall be as follows:

 

(a)      In layouts of 5 Ha. and below: 2% of the layout area for Amenities and 0.5% of the layout area for Utilities.

 

(b)      In layouts of above 5 hc: 3% of the layout area for Amenities and 1% of the layout area for Utilities.

 

(c)      10% of the layout area for Public Open Space.

 

(d)      30% of the layout area for Roads. In case of roads area arrived below 30% the public open space shall be increased proportionately so that the area under roads and open space put together shall be minimum of 40% of layout area.

 

(2)     The area reserved for Public Open Space shall be handed over to the Local Authority free of cost through a registered gift deed. This area shall be used only for Parks, Playgrounds, Gardens, Nursery, Recreational Open space etc. and shall not be utilized for any purpose other than the purpose for which it is transferred. The Applicant shall construct a compound wall as per the design prescribed for this site and handover to the Local Authority.

 

(3)     The areas reserved for utilities shall be handed over to the Local Authority free of cost through a registered gift deed. This area shall be utilized only for community facilities such as Electrical Substation, Government school, Government Dispensary, Ward Office, Public Utility Office, Public Library, Water Reservoir, Rain water harvesting structures, Police Station/outpost, Public Parking, Fire Station, Bus Station, Septic Tank, Solid Waste Collection point etc.

 

(4)     The area reserved for Amenities shall be used only for the purposes earmarked in the Final Layout Plan [FLP] by the Competent Authority for educational, commercial facilities etc. The Owner/Developer may also sell or lease this area but only for the purposes earmarked in the Final Layout Plan [FLP].

 

(5)     The stamp duty is exempted for handing over the areas reserved for public purpose and utilities to the concerned local authorities through Registered Gift/settlement deed.

 

(6)     Every open space shall have independent means of access.

 

(7)     In case, the area for which the Land/Layout Development sought for falls in sanctioned Master Plan or Zonal Development Plan or Draft Plan, if a portion of this land falls in the area earmarked/reserved in such plans for a common public purpose in the interest of general development of the locality, the owner of such land shall transfer such percentage of the area of layout as prescribed in sub-rule (1) free of cost to the Local Authority.

 

(8)     In other cases i.e., if the area so earmarked in the Land/Layout Development under reference for roads and public open space are more than such percentage as prescribed in sub-rule (1) he shall also transfer the entire area so proposed to be reserved in the layout and he is entitled to receive Transferable Development Rights (TDR) from the Local Authority for the part of his site which is in excess of the extent of lands which he was to provide as per sub-rule (1).

 

(9)     The areas allotted for Affordable Housing if any, shall be utilized only for the specific purpose and the applicant may sell or dispose of this plots only for the said purpose and no amalgamation or alteration of this plots shall be considered.

 

(10)   Government/Development Authority/Local Authority/Developer/Owner/Applicant have no jurisdiction to convert the site reserved for public purpose such as park or playground, utilities, amenities affordable housing and for some other purpose.

 

(11)   In the case of Commercial/Industrial Land Development having an area of above 3 Hectares, an extent of 5% of the total area shall be reserved for general parking space; and if such parking area exceeds 2000 sq.m. part of it could be utilized for the construction of buildings for banks, canteens, welfare centres and such other common purposes considered necessary for the industrial user, as approved by the Authority.

Rule - 14. Specifications of the Infrastructure and Amenities to be provided.

The applicant shall provide the infrastructure and amenities in the area as per the specifications approved by the Competent/Executive Authority within time specified under rule 7(7) and transfer the private streets or roads along with the land set apart for public open space i.e parks, playgrounds and utilities area to the local authority through registered gift deed.

APPENDIX-A

[See Rule 7(3) (h) and 7(5) (k)]

Deed of Mortgage by Conditional Sale

This indenture made this day ........................ of two thousand seventeen between _

Sri ................................. S/o. ........................................... resident at ........................................... (herein after called the 'Mortgagor' which expression shall unless excluded by or is repugnant to the subject or context, include his heirs executors, administrators and assignee) of the one part, and ..............................., Urban Development Authority/Municipal corporation/Municipality/Gram Panchayat, ........................................... called the 'Mortgagee'(which expression shall unless excluded by or is repugnant to the subject or context, include his successor in office and assignee) 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 to the land and premises hereinafter described in the Schedule-A hereunder written and for greater clearance delineated on the plan annexed hereunto and thereon shown with boundaries thereof coloured and expressed to be hereby conveyed, transferred and assured (hereinafter referred to as the said 'Mortgaged Property').

And whereas the Mortgagor applied for permission under the Andhra Pradesh Municipal Corporation Act, 1955 (adapted GHMC Act 1955)/the Andhra Pradesh Municipal Corporations Act, 1994/the Andhra Pradesh Municipalities Act, 1965/the Andhra Pradesh Town Planning Act,1920/the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016/the Andhra Pradesh Panchayat Raj Act, 1994 and Andhra Pradesh Land Development (Layout and Sub-division) Rules 2017to make a layout and form a new private street or road and building plots for residential/non-residential/industrial purposes, and in the land bearing S. Nos. ............................................................situated at ............................................(Village) ................................(Mandal) ........................ .....(District).

And whereas the Mortgagee having accepted the same, has sanctioned the Final Layout Plan [FLP] with No. ..................................../in File No. .............................................................. subject to the condition that the following works will be completed by the Mortgagor within three years from the date of communication of the Final Layout Plan [FLP] and subject to condition that on completion of the works to the satisfaction of the Executive Authority, the sanctioned Final Layout Plan [FLP] will be released.

(a)      Water bound Macadam roads/BT roads, Drains.

(b)      Providing street-lights along the streets of the layout.

(c)      Planting of Avenue trees.

(d)      Construction of Compound Wall to the Public Open space and planting of trees in the park.

(e)      Provision of water supply.

(f)       Laying of storm water drain culverts, etc., along the roads of the layout.

(g)      Provision for Water Conservation Systems.

(h)     Now this indenture witnesseth as follows:

(i)       In pursuance of the Andhra Pradesh Land Development (Layout and Sub-Division) Rules, 2017 relating to the approval of layout(herein after referred as rules) and in consideration of the deposit and hypothecating of the lands as per the Schedule-B given below by the Mortgagee to the Mortgagor pursuant to the provisions contained in the said Rules, the Mortgagee do hereby covenant with the Mortgagor that he shall always duly observe and perform all the terms and conditions of the said rules.

(ii)      With the possession of the lands in favour of the mortgagee if the mortgagor completes the work as stated in para supra to the satisfaction of the Executive Authority, with in the agreed period of three years from the date of communication of the Final Layout Plan, the mortgagee shall at the cost of Mortgagor be entitled to the retransfer 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.

(iii)     It is hereby expressly agreed and declared that if there shall be any breach by the Mortgagor of the covenants it shall be lawful for the Mortgagee to sell the mortgaged properties or any part thereof in any manners as to the Mortgagee shall think fit and the Mortgagor shall forfeit the right of redemption as against the Mortgagee.

(iv)    And it is hereby declared that the Mortgagee shall be free to complete the said works with the amount so realised and the Mortgagor shall not be entitled to question the unfettered right of the Mortgagee in any court of law.

(v)      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 realised from Mortgagor or the purchasers of individual plots in the said layout area in the same manner as properly tax and the other plots not covered by the Mortgagee will be under the first charge towards the said excess amount spent by the Executive Authority.

(vi)    The Mortgagor shall separately convey the private streets and roads with the amenities mentioned in paras supra and the sites reserved for parks and playgrounds, etc., in the Final Layout Plan areas to the Local Authority free of encumbrance at the his cost within a fortnight after expiry of the period allowed for the completion of the works either by the Mortgagor or Mortgagee as the case may be.

(vii)   The Mortgagor shall not during the continuance of this present charge, encumber, alter or otherwise dispose of the mortgaged property unless and until the private streets and roads, and open space intended, for parks, and playgrounds, etc., are conveyed to the Local Authority for treating them as public as indicated in para supra.

(viii)  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 possession, interest, rights, and title of the Mortgagee over the said plots in any way detrimental to the interest, rights accrued insecurity and change over the said plots to the Mortgagee till the works are completed as agreed upon.

(ix)    That the Mortgagor shall not sell, lease or otherwise dispose of the area mortgaged and no construction shall be made in such area till the release of the Final Layout Plan [FLP].

(x)      The Mortgagor does also hereby agree to pay the Government Revenue, municipal taxes over the said property if any, till the final release of the Final Layout Plan [FLP].

(xi)    The terms and conditions of this deed are binding and shall continue to be binding on the Mortgagor, his heirs, successors in interests, right as well as a title and ownership and none of them shall be entitled to question the correctness or the genuineness of the terms and conditions of this deed anywhere at any time in any count.

SCHEDULE-A

All that property bearing the Survey Nos. ..........................., of .............................(village) .................................(mandal) ............... (district) measuring ................. hectares.....................Acres..................sq. yds. bounded by............

North:

East:

South:

West:

SCHEDULE-B

The area mortgaged to the Mortgagee by the Mortgagor:

(i)       15% of the Plotted Area measuring ............hectares.............acres..................sq. yds. Bounded by

North:

East:

South:

West:

In witness whereof the said Mortgagor here into set his hand the day and the year first above written.

Signed by the Mortgagor

In the presence of:

1.        Witness:

Address

Occupation

2.        Witness:

Address

Occupation

Signed by Sri __________________ in the office of the Local Authority for and on behalf in the presence of:

1.        Witness:

Address

Occupation

2.        Witness:

Address

Occupation