(1)
The
Government had notified the Andhra Pradesh Regulation and Penalization of
unauthorizedly constructed buildings and buildings constructed in deviation of
the Sanctioned Plan Rules, 2007 as in reference 1st read above. (2)
Further, the
Municipal Commissioners and Vice-Chairmen of Urban Development Authorities and
Commissioner, Capital Region Development Authority have been mandated to
regulate and penalize the buildings constructed unauthorizedly and in deviation
to sanctioned plan as on 31-12-2014 as a one-time measure in reference 3rd
cited. (3)
Government
have decided to issue the Andhra Pradesh Regulation and Penalization of
Buildings Constructed unauthorizedly and in deviation of the Sanctioned Plan
Rules, 2015 to implement the legislative intent in reference 3rd cited and in
supersession of rules notified in G.O.Ms.No. 901, MA&UD (M1) Dept., dated
31-12-2007. (4)
Accordingly,
the following Notification will be published in Extraordinary issue of the
Andhra Pradesh Gazette dated 22-05-2015. In exercise of the powers conferred by Section 455-AA of the Greater
Hyderabad Municipal Corporation Act, 1955, Section 218-A of the Andhra Pradesh
Municipalities Act, 1965, Section 46-A of the Andhra Pradesh Urban Areas
(Development) Act, 1975, and Section 108A of the Andhra Pradesh Capital Region
Development Authority Act, 2014 and in supersession of the Andhra Pradesh Regulation
and Penalization of unauthorisedly constructed building and buildings
constructed in deviation of the sanctioned plan Rules, 2007 issued in G.O.Ms.
No. 901 MA & UD, dated 31-12-2007, the Government of Andhra Pradesh hereby
make the following Rules. (1)
These rules
may be called The Andhra Pradesh Regulation and Penalization of Buildings
Constructed Unauthorizedly and In Deviation of the Sanctioned Plan Rules,
2015". (2)
They shall
be applicable to the existing buildings constructed after 1-1-1985 and before
31-12-2014 in the jurisdiction of all Nagar Panchayats, Municipalities,
Municipal Corporations, in the case of Gram Panchayats falling in Urban
Development Authorities and in the case of Gram Panchayats falling in the
'Capital Region' except those included in the 'Capital City Area' of Capital
Region Development Authority in Andhra Pradesh. (3)
They shall
come into force from the date of publication of the Notification in the Andhra
Pradesh Gazette. (1)
"Authorized
Technical Personnel" means professionals authorized by the Competent
Authority to take up scrutiny of the Application made for Regulation and
Penalization under these Rules; (2)
"Competent
Authority" means the Municipal Commissioners in case of areas falling in
Urban Local Bodies, the Vice Chairmen in case of Gram Panchayats falling under
Urban Development Authorities and the Commissioner of the Andhra Pradesh
Capital Region Development Authority in case of Gram Panchayats falling in
the 'Capital Region' except those included in the 'Capital City Area' of
Capital Region Development Authority; (3)
Total built
up area" means the entire built up area covered in the building including
common areas and balconies on all floors; and (4)
"Unauthorized
construction" means any building that has been constructed in violation of
the sanctioned building plan or without obtaining a building permission from
the sanctioning authority. (1)
The application
for Regulation and Penalization of Buildings constructed unauthorizedly shall
be made through online only. The URL of the website for applying is
"www.bps.ap.gov.in". (2)
The
application shall be uploaded in the online Building Penalization Scheme Module
of the respective Urban Local Body, Urban Development Authority and Capital
Region Development Authority from 27-05-2015 onwards. (3)
An
Application for regulation and-penalization of the existing buildings
constructed unauthorizedly shall be compulsorily made by the Owner/General
Power Attorney/Registered Association to the Competent Authority or officer
authorized by him in the prescribed proforma along with declaration, self
computing table, copy of sanctioned building plan, if any, a clear latest photograph
of the building, copy of document of ownership title, Indemnity Bond and three
sets of drawings showing the sanctioned area and violated area of the
building/complex and in case of totally unauthorized constructions the total
built up area along with the site plan. (4)
The format
of Application, self computing tables, indemnity bond and list of documents to
be submitted along with application are given in Annexure-I. (5)
The
applicant shall get the plans prepared duly scrutinized by the Licensed
Technical Personnel who shall undertake the field inspection for the purpose. (6)
The
application shall be filed within sixty days from the date of Notification of
these rules along with the prescribed penal amount as given in Rule 5. (7)
If any
owner/individual fails to apply within the stipulated time, he shall be liable
for enforcement action under the law and the buildings constructed
unauthorizedly and in deviation of the sanctioned plan shall also be liable for
enforcement action under the Law and such buildings shall not be taken up for
regulation and penalization under these rules. (8)
Necessary
certificate from the Licensed Structural Engineer with regard to structural
safety compliance of all buildings shall be submitted along with the
Application for regulation and penalization of the buildings. (1)
In the
following cases, prior clearance shall be obtained by the Applicants from the
concerned Authorities before considering the application under these Rules by
the Competent Authority. (a)
In respect
of cases of residential buildings with 18 mtrs and above in height, Commercial
buildings above 15 mtrs in height, and buildings of public congregation like
schools, Cinema theatres, function halls and other assembly buildings on plot
area of 500 sq.m. and above or of height above 6 mtrs as stipulated in Section
13 of the Andhra Pradesh Fire Service Act, 1999 from the Andhra Pradesh State
Disaster Response & Fire Services Department. (b)
From Airport
Authority of India wherever applicable. (2)
Applicants
shall submit such applications along with the above details within the
stipulated time. However, an additional time period of three months will be
allowed for filing the clearances as required under Rule 4 (1) (a) and Rule
4(1) (b) of these rules. (1)
All Penal
Charges payable under these rules shall be payable through online payment
instruments such as Credit Cards, Debit Cards and Net Banking only through the
website specified in Rule 3(1). (2)
The penal
charges payable are specified in Annexure II to V of these Rules. The penal
charges are levied for the total violated built up area on all floors. The
penal charges include building permit fee, development charges, betterment
charges, impact fees, etc. No other fees and charges shall be levied and
collected. (3)
The
Owner/Applicant shall pay an initial amount of `10,000 [Rupees Ten Thousand
Only] along with application and shall pay the balance penal charges on
intimation by the Competent Authority within (30) days from the date of
intimation. Alternatively, the Owner/Applicant may also pay the total penal
charges in full as per the Rules along with self-computation table enclosed to
the application. (4)
The Penal
amounts paid are not refundable. However, in cases of rejection, the Competent
Authority may refund the amount after retaining 10% of the penal amount towards
scrutiny and processing charges. In case of bona fide error in calculation, the
excess amount paid may be refunded. (5)
Buildings
constructed prior to 31-12-1997 are eligible for reduction of 25% on
penalization charges. In these cases property tax receipt showing payment made
prior to 31-12-1997 shall be attached to the application. (6)
In case of
residential buildings falling in notified slums, only 50% of penalization
charges shall be levied. The procedure for submission of applications mentioned in Rule 3(1) of
these rules and payment of penal charges mentioned in Rule 5(1) of these rules
is attached in Annexure-II-A. Penalization of unauthorized constructions shall not be considered in
the following cases and in cases where public interest and public safety are
likely to be adversely affected, viz.. (a)
Encroachment
on Government land or property belonging to Public undertakings, Andhra Pradesh
Housing Board, Andhra Pradesh Industrial Infrastructure Corporation, Urban
Development Authority, Local body, Endowments, Wakf Board, etc.; (b)
Land for
which the applicant has no title; (c)
Surplus land
declared under Urban Land Ceiling/Agriculture Land Ceiling/lands resumed under
the Andhra Pradesh Assigned Lands (POT) Act; (d)
Buildings
affected under alignment of any road or proposed road under Master Plan/Zonal
Development Plan/Road Development Plan or any other public roads/Mass Rapid Transportation
System (MRTS)/Bus Rapid Transportation System (BRTS) except buildings
constructed in road widening areas as stated in Rule 9; (e)
Tank bed and
Sikham lands; (f)
Prohibited
areas under the Coastal Regulation Zone and such other environmentally restricted
zones as may be prescribed; (g)
Layout/Master
Plan open spaces/Areas earmarked for Recreation Use in Master Plan/Zonal
Development Plan; (h)
Buildings
that are not in conformity with land use approved in Master Plan/Zonal
Development Plan; (i)
Sites under
legal litigation/disputes regarding ownership of the site/building; (j)
Area
earmarked for parking as per sanctioned plan; (k)
Unauthorized
constructions without any building sanction in unapproved/unauthorized layouts. (l)
Buildings
falling in 'Capital City Area' of Capital Region Development Authority Area. Huts, semi-permanent houses and RCC houses up to two storeys (G+1) in
sites up to 100 sq.m. are exempted from operation of these rules. In case of constructions made within the building line of major roads of
width 80 feet and above within the limits of Greater Visakhapatnam Municipal
Corporation, and Vijayawada Municipal Corporation and roads of width 60 feet
and above in rest of the urban areas as per Master Plan/Zonal Development
Plan/Road Development Plan, the regulation and penalization shall be done
subject to the property owner furnishing a legally enforceable undertaking as
given in Annexure VI that he will surrender the land and structures falling
within the building line to Local Body/Urban Development Authority/Capital
Region Development Authority free of cost as and when required in future for
road widening. The undertaking to be submitted is given in Annexure-VI. During verification, if it is found that the applicant has undertaken
further additions or extensions to the existing building after submitting the
application, then such application shall be summarily rejected duly forfeiting
the entire penal amount and necessary action shall be taken against the
unauthorized building including demolition as per the Law After receipt of the Application for penalization in the prescribed
proforma along with required documents and plans, the Competent Authority shall
scrutinize the application and after carrying out necessary site inspection,
communicate its approval or rejection to the applicant as early as possible but
not beyond six months from the last date of receipt of Applications. Mere
receipt of application or any delay in communication of final orders in the
matter will not imply the approval of the application. In case of approval, the Competent Authority shall issue proceedings to
the effect that all proceedings and action of enforcement initiated or
contemplated against the said construction are withdrawn and also stating that
the building is regulated and penalized under these rules and also issue
Occupancy Certificate to the applicant. The format of the proceedings to be
issued in the matter is given in Annexure VII. (i)
Any
applicant aggrieved by an order passed by the Competent Authority under Rule
11, may prefer an appeal to the committee constituted by the Government within
thirty days from the date of receipt of the order provided the applicant has
paid the necessary charges and submitted documents as specified in Rule 3 of
these rules. (ii)
All the
appeals shall be disposed off within 3 months. Where an application for regulating and penalizing the unauthorisedly
constructed building has not been made as per Rule 3, (a)
such
unauthorized constructions would be treated as continuing offence and penalty
as per Law would be levied; (b)
Other
enforcement action including demolition shall be initiated by the competent
authority as per law; (c)
No further
building approvals shall be considered by the building sanctioning authority in
the said site; (d)
The
builder/developer responsible for constructing the building unauthorisedly or
in deviation to the sanctioned plans shall be blacklisted; The amount collected by the Competent Authority under these rules shall
be kept and maintained under the control of the Competent Authority in a
separate account and utilized only for improvement of amenities. In respect of Gram Panchayats, Nagar Panchayats, Municipalities and
Corporations falling in the Urban Development Authority area or Capital Region
Development Authority area, the penal amount so collected will be shared in
equal proportion between Urban Development Authority/Capital Region Development
Authority and Gram Panchayats, Nagar Panchayats, Municipalities and
Corporations concerned. Government will issue separate orders constituting Appellate Committee
for disposal of appeals under Rule 13. Government may issue guidelines to operationalize these rules. All existing rules, Regulations, Bye-laws and Orders that are in
conflict or inconsistent with these rules shall stand modified to the extent of
the provisions of these rules. List of Annexure to The Andhra Pradesh Regulation and Penalization of
Buildings Constructed Unauthorizedly and In Deviation of the Sanctioned Plan
Rules. 2015" Annexure-I Application
for penalization of buildings constructed unauthorizedly and in deviation of
the sanctioned plan [BPS] Annexure-II Basic
penalization charges for individual residential buildings other noncommercial
uses and commercial uses [per square feet in rupees] Annexure-II-A: Procedure
for submission of applications and payment of penal charges through online Annexure-III Penalization
charges with reference to the land value for individual residential
buildings, other non-commercial uses and commercial uses Annexure-IV Basic
penalization charges for multiple dwelling units/flats/apartment
complexes/Individual building converted into apartments Annexure-V Penalization
charges with reference to the land value for Multiple dwelling
units/flats/apartment complexes/Individual building converted into apartments Annexure-VI Road
widening undertaking Annexure-VI-A: Structural
Stability Certificate Annexure-VII: Proceedings
of the Commissioner/Vice-Chairman of Nagar Panchayat/Municipality/Municipal
Corporation/Urban Development Authority/Andhra Pradesh Capital Region
Development AuthorityANDHRA PRADESH REGULATION AND PENALIZATION OF BUILDINGS CONSTRUCTED
UNAUTHORIZEDLY AND IN DEVIATION OF THE SANCTIONED PLAN RULES, 2015
PREAMBLE