Uttar Pradesh Urban Planning And Development (Assessment, Levy And Collection Of Impact Fee) Rules, 2024

[28th January 2025]

PREAMBLE

IN exercise of the powers under clause (c) of sub-section (2) of section 55 read with sub-section (2) of section 15 of the Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act no. 11 of 1973), the Governor is pleased to make the following rules, with a view to levy Impact Fee, namely:-

Rule 1. Short title, commencement and application.

(1)     These rules may be called the Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of Impact Fee) Rules, 2024.

(2)     They shall come into force with effect from the date of their publication in the official Gazette.

(3)     They shall be applicable to all the development areas in the State of Uttar Pradesh.

Rule 2. Definitions.

(1)     In these rules, unless the context otherwise requires,-

(a)      "Act" means the Uttar Pradesh Urban Planning and Development Act, 1973 (Presidents Act no. 11 of 1973);

(b)      "Applicant" means any person or body making an application under section 15 of the Act to obtain permission referred to in section 14 of the Act;

(c)      "Approval" means approved by the Authority;

(d)      "Authority" means the development authority constituted under section 4 of the Act;

(e)      "Building" includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not;

(f)       "Built-up area" means the area within a development area as earmarked in the master plan or has been delineated as such by the Authority;

(g)      "Covered Area" means the total built-up area on all the floors of a building;

(h)     "Development" with its grammatical variations and connotations, means the carrying out of building, engineering, mining or other operations in, on, over or under land or the making of any material change in any building or land, and includes re-development;

(i)       "Development Area" means the area declared as development area under section 3 of the Act;

(j)       "Government" means the Government of Uttar Pradesh;

(k)      "Hierarchy of land uses" means order of various land uses from lower to higher and vice-versa as determined in the zoning regulations;

(l)       "Impact Fee" means a fee levied upon a person or a body under subsection (2) of section 15 of the Act for seeking permission for a higher use or activity in a lower land use in accordance with the zoning regulations;

(m)    "Layout plan" means a sub-division plan approved by the competent authority showing division of any land or portion thereof into more than one plot or parcel for the purpose of sale or otherwise;

(n)     "Land use" means the use of land for which land or building is used or intended to be used as per the provisions of master plan or the zonal development plan or the layout plan;

(o)      "Master Plan" means a plan for the development of land within the jurisdiction of the Authority prepared in accordance with the provisions of the Act;

(p)      "Owner" includes any person whose name is recorded as owner of the land or building or part thereof in the records of the concerned Authority;

(q)      "Section" means a section of the Act;

(r)      "Use permissible conditionally" means the use or activity which may be permitted in a particular land use subject to compliance of terms and conditions laid down in the zoning regulations;

(s)      "Use permissible generally" means use or activity which may be permitted in a particular land use without any condition in accordance with the zoning regulations;

(t)       "Use permissible with special permission" means use or activity which may be permitted in a particular land use with the approval of the Board of the Authority;

(u)     "Zoning regulations" means zoning of land use and regulations prescribing the uses or activities permissible in different land uses in a master plan or a zonal development plan;

(v)      "Zonal Development Plan" means a plan of a zone prepared in accordance with the provisions of the Act;

(w)     "Zone" means any of the divisions in which a development area maybe divided for the purposes of development under the Act.

(2)     Words and expressions, not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.

Rule 3. Levy of impact fee.

(1)     Impact fee shall be levied by the Authority in accordance with these rules where an application is submitted for permission of higher use or activity in a lower land use earmarked in the master plan or zonal development plan:

Provided that impact fee shall not be applicable or levied in the following circumstances:-

(a)      for uses or activities which are permissible in the built-up area generally or conditionally or with special permission of the Authority;

(b)      for public and semi-public facilities especially non-commercial and charitable activities/uses permissible in the agriculture/green belt/parks and open spaces, and residential land use (including village abadi) zones;

(c)      for industrial activities especially service and cottage industries permissible in the agriculture/green belt/parks and open spaces, public and semi-public facilities, and traffic and transportation land use zones;

(d)      for residential activities especially group housing for the industrial workers and management staff in the industrial land use zone;

(e)      for uses or activities which are permissible on temporary basis in different land uses;

(f)       areas or land parcels which do not form part of any layout plan sanctioned by the competent authority;

(g)      for uses or activities exempted under various policies issued by the Government from time to time.

(2)     Where total or partial exemption from payment of impact fee has been granted by the Government under the Act, the impact fee to the extent of such exemption shall not be leviable.

(3)     The permissibility of various uses or activities in a particular land use shall be as per the applicable zoning regulations.

Rule 4. Assessment and rates of impact fee.

(1)     Where an application is submitted under rule 3, the impact fee shall be assessed and collected on the gross area of the land parcel on the basis of present circle rate of existing use of land issued by the District Magistrate.

(2)     Assessment of impact fee for different uses or activities shall be carried out on the basis of impact fee co-efficient prescribed for various land uses as given in the table below:-

Land use Zones (Lower to Higher)

(3)     Impact fee shall be calculated in accordance with the following formulae:

(a)      for uses or activities which are permissible generally or conditionally:

Plot Area X Circle Rate X Impact Fee co-efficient X 0.25

(b)      for uses or activities which are permissible with special permission with the approval of the Board of the Authority:

Plot Area X Circle Rate X Impact Fee co-efficient X 0.50

Rule 5. Procedure for grant of approval.

(1)     For all types of uses or activities, whether permissible generally or conditionally or with special permission, the Authority shall publish a notice in at least two newspapers having circulation in the development area inviting objections and suggestions from the public. The minimum duration for submission of objections and suggestions shall be 30 days from the date of publication of the notice.

(2)     Objections and suggestions, if any, shall be considered by a committee to be constituted by the Vice-Chairman in this behalf:

Provided that the application shall be disposed of within a maximum period of 60 days from the date of its receipt.

(3)     In case of approval in respect of the uses permissible generally or conditionally the Vice-Chairman and for the uses permissible with special permission the Authority, as the case may be, shall calculate the amount of impact fee and issue demand notice within 15 days to the applicant for payment of the same.

Rule 6. Payment of Impact Fee.

(1)     Subject to the provisions of the Act and these rules, the applicant shall pay the full amount of impact fee upfront as per the demand notice issued by the Vice Chairman or the Authority, as the case may be, prior to grant of approval.

(2)     90 percent of the money received by the Authority on account of impact fee shall be credited to the Infrastructure Development Fund established at the Authority level to help fund and pay for the improvement and strengthening of infrastructure whereas, remaining 10 percent shall be Authoritys share.

Rule 7. Recovery of Arrears.

Any amount due to the Authority on account of impact fee under these rules shall be recovered in accordance with the provisions of section 40 of the Act.

Rule 8. Annual Statement of Impact Fee.

The Vice-Chairman shall furnish to the Board of the Authority a written statement in respect of impact fee for the preceding year which shall contain information regarding the total amount collected by the Authority. Such statement shall be furnished as far as possible in the first meeting of the Board of the Authority to be held every financial year and its copy shall also be sent to the Government.