PART I EXTRAORDINARY

MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M) DEPARTMENT

MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT - THE

ANDHRA

PRADESH

BUILDING

RULES,

2017-AMENDMENTS-

FINAL

NOTIFICATION.

[G.O.Ms. No.223, MA&UD (M)Department, dated 09^th July, 2018 ]

FINAL NOTIFICATION

In exercise of the powers conferred by section 585 read with section 592

of the Andhra Pradesh Municipal Corporation Act, 1955 (adapted GHMC Act,

1955); section 18 of the Andhra Pradesh Municipal Corporations Act, 1994;

section 326 of the Andhra Pradesh Municipalities Act, 1965, section 44 (1) of the

Andhra Pradesh (Andhra Area) Town Planning Act,1920, sub-section (2) of

section 18 of the Andhra Pradesh Capital Region Development Authority Act,

2014 and section 117 of the Andhra Pradesh Metropolitan Region and Urban

Development Authorities Act, 2016, the Government of Andhra Pradesh, hereby

make the following amendments to the Andhra Pradesh Building Rules, 2017

issued in G.O.Ms. 119, MA&UD (H) Department, dated: 28.03.2017. The same

having been previously published in Part-I of Extra-ordinary issue of Andhra

Pradesh Gazette No.294, dated 25.06.2018 as required under section 44-A of

the Andhra Pradesh (Andhra area) Town Planning Act,1920 and no objections

and suggestions have been received in the matter in the stipulated period.

Registered No. HSE-49/2016

No.536

AMARAVATI, MONDAY , JULY 9, 2018

G.352

NOTIFICATIONS BY GOVERNMENT

--x--

ANDHRA PRADESH GAZETTE EXTRAORDINARY

[PART-I

AMENDMENTS

In the said Rules:-

I. in rule 3,-

(1) in sub-rule (20), after clause (e), the following clause shall be

added, namely,-

“(f) All industrial buildings shall be exempted from Mortgaging 10% of

built-up area and this is applicable to industrial buildings only and shall

not be considered, if applicant converts usage of building other than

industrial use at later stages.”

(2) in sub-rule (21), after clause (f), the following clause shall be

added, namely,-

“(g)

Any

applicant

aggrieved

the

orders

passed

the

sanctioning/competent authority may prefer an appeal within 30 days to

the appellate committee constituted with following officials:

(a) The

Principal

Secretary,

MA&UD

Department,

Govt.

AP,

Velagapudi- Chairman

(b) The Officer on Special Duty, MA&UD Department, Govt. of AP,

Velagapudi- Member

Member Convener

The above appellate committee shall take views of the respective Urban

Local Bodies/Urban Development Authorities while disposing the

appeals.”

(3) in sub-rule (22) in clause (b), sub-clause (i) shall be omitted and

sub- clause (ii) shall be read as “(i)”

II.

in rule 6, in sub-rule (30), in clause (c), for the expression “750

sqm” the expression “1000 sqm” shall be substituted.

III. in rule 53,-

(1) for sub-rule (2), the following shall be substituted, namely,-

“(2)*In case of Sites in Category-A, if a Site is abutting to a road which is

less than 9m in width, a building may be permitted with a maximum

height of 10m in such sites by insisting widening of road to 9m or lesser

width as per the circulation network approved by the Competent

authority. The site affected in such cases shall be handed over to the Local

Body/UDA/APCRDA through registered gift deed for which relaxations can

be considered in situ as prescribed in these Rules. TDR generated in such

sites will not be allowed to utilize for construction of additional built-up

area in congested areas. Buildings upto 18m height may be permitted in

the sites of Category–A if the site is having access through the existing

12m wide road.”

(2) the existing sub-rule (3), shall be read as (3) (a) and after so

renumbered the following new clause shall be added, namely,-

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“(b) All Industries shall be permitted in the sites abutting to existing road

width of 9m, subject to handing over of the applicant’s site required for

widening the existing road to 12m.”

IV. in rule 54,-

(1) in sub-rule (3), for clause (b), the following shall be substituted,

namely,-

“(b) In case of Electricity Tower lines, the land all along below the tower

line shall be developed as green belt to an extent of the width of tower

base and on either side of green belt there shall be a minimum of 10m

wide roads or as defined in the Master Plan. Wherever the road is not

feasible on either side of Tower lines, green belt can be provided and this

will be in addition to 10% open space to be provided as per the rules and

such cases, TDRs as applicable to road widening cases shall be given.”

(2) in sub-rule (11), in clause (b), for sub-clause (i), the following

shall be substituted, namely,-

“(i) 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.”

V. in rule 57,-

(1) the existing sub-rule (2) shall be read as sub-rule 2(a) and after

TABLE- 17, the following shall be added, namely,-

“(b) In sites up to 200 Sqm, attached buildings are also permissible with

front set back as specified in Table-17. In such cases no openings are

allowed towards neighbour sites. The applicant is responsible for ensuring

all necessary precautions to safeguard neighbour structure. This type of

buildings shall be permitted only with the consent of adjacent plot owners.

These buildings shall be permitted subject to following conditions,-

(1) The abutting road width shall be maintained as per Master plan /

Circulation pattern approved by competent authority.

(2) Parking requirements shall comply as per rules.

(3) Ventilation requirement shall be satisfied.

(4) Structural Engineer shall certify that all necessary measures are

taken in the designs to protect the safety of adjacent buildings.”

(2) in sub-rule (7),

(i) clauses (k) and (l) shall be omitted

(ii) clause (m) shall be read as clause (k).

VI. in rule 61,-

(1) for sub-rule (7), the following shall be substituted, namely,-

“(7) Minimum of 10% of net site area shall be earmarked as organized

open space and be utilized as greenery and shall be provided over and

above the mandatory setbacks at suitable location accessible to entire

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community to the satisfaction of the competent authority. Such open

space shall be open to sky.”

(2) for sub-rule(12), the following shall be substituted, namely,-

“(12) A thorough public access road of 12m width with 2-lane black-

topped is to be developed within the applicant’s site on any one side at

the periphery / as per suitability and feasibility for the convenience of

accessibility to improve the circulation pattern in the locality to

satisfaction of the competent authority. This condition would not apply if

the site is surrounded by proper road circulation network as per the

planning standards to the satisfaction of competent authority.”

(3) for sub-rule (14), the following shall be substituted, namely,-

“(14) All roads and open spaces mentioned in this Rule shall be handed

over to local body at free of cost through a registered gift deed in the

format prescribed by the Government before issue of occupancy

certificate. The society / association of Residents are responsible for

utilizing, managing and maintaining the roads and open spaces. In case of

any violation or encroachment, the local authority shall summarily

demolish the encroachments.”

VII. in rule 66, for sub-rule (7), the following shall be substituted,

namely,-

“(7) A minimum of 2m wide green planting strip in the periphery on all

sides within the setbacks where the setback is 9m and above has to be

developed and maintained.”

VIII. in rule 156, for sub-rule (1), the following shall be substituted,

namely,-

“(1)In case of new buildings proposed for construction with plot area more

than 4000 sqm and all public buildings, the Solar Roof Top Systems shall

be installed.”

IX. in rule 167,-

(1) for sub-rule (1), the following shall be substituted, namely,-

“(1) Where any part of the land or site or premises applied for building

permission is affected in the Statutory Plan/Master Plan Road /Circulation

network / a road required to be widened as per Road Development Plan /

any other public purpose required by Competent Authority/Sanctioning

Authority, such area so required shall be surrendered free of cost to the

Sanctioning Authority by the owner of land through registered gift

deed.No development permission shall be given in the remaining site

unless this condition is complied with.”

(2) in sub-rule (2),

(a) for clause (ii), the following shall be substituted, namely,-

“(ii) The owner shall be allowed to construct two extra floors with an

equivalent built up area for the area surrendered subject to mandated

public safety requirements.”

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(b) for clause (iv), the following shall be substituted, namely,-

“(iv) Adjustment of Transferrable Development Rights (TDR) Value

towards building permit fee and charges, compounding fee towards

regularization of 10% setback violations (other than the front set back),

any penal amount, open space charges, city level infrastructure impact fee

and shelter fees within the respective Limits of Urban Local Body/Urban

Development Authority only.”

(c) clause (v) including “or” shall be omitted and clause (vi) shall be

read as clause (v).

X. in rule 168,-

(1) in sub-rule (2),

(i) for clause (a) and (b), the following shall be substituted,

namely,-

“(a) For the Master Plan Road / Road Development Plan undertaken and

developed / Circulation network/ any development for public purpose in

Master Plan/peripheral road in group development schemes equivalent to

400% of such area surrendered.”

“(b) For conservation and development of lakes / water bodies / nalas

foreshores & Recreational buffer development with greenery/ Roads on

either side of Electrical Tower lines and clearance distance left for oil/gas

pipelines: equivalent to 200% of such area surrendered.”

(ii)

clause (d) shall be omitted.

(2)

for sub-rule (3), the following shall be substituted, namely,-

“(3) The TDR may be arrived at on the basis of relative land value and

equivalent amount in both export and Import areas, as per the

Registration Department records at the time of utilization. The Competent

Authority shall have the discretion in the matter of applicability of TDR.

The TDR shall not be allowed in unauthorized buildings / structures /

constructions and shall be considered only after the land is vested with

the Local Authority / Development Authority. The TDR certificate issued

can be permitted to utilize/ dispose for construction of additional built-up

area in any ULB/UDA/CRDA (except capital city) as per guidelines and

conditions prescribed by Competent Authority.”

XI. in rule 169,-

(1) for sub-rule (1), the following shall be substituted, namely,-

“(1) As and when the owner of the building intends to construct the

building in the remaining area of the site, he is entitled to construct the

building as per the provisions of these Building Rules.”

(2) for Sub-rule (5), the following shall be substituted, namely,-

“(5) TDR can be allowed to be utilized for construction of two additional

floors over the normal permissible floors without insisting additional

setbacks and higher road width subject to compliance of other norms.”

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(3) sub-rule (6) shall be omitted and sub-rule (7) shall be read as

sub-rule (6).

XII. for rule 171, the following shall be substituted, namely,-

“171. In all Residential Group Housing and Group Development Scheme

Projects, whose land extent is more than 5 acres (2.023 Hectares), the

Developer/Builder shall provide 10% of the total built up area towards the

EWS/LIG units (5% for EWS units and 5% for LIG units) or 25% of the

total number of units of the housing projects towards EWS/LIG units

(12.5% for EWS units and 12.5% of LIG units). The option is given to the

builder/developer to provide either 10% of the total built up area or 25%

of total number of units. Maximum plinth area of each EWS Unit is 25 sqm

and Maximum plinth area of each LIG Unit is 50 sqm.”

XIII. in rule 178,-

(i) for first paragraph, the following shall be substituted, namely,-

“In case of all Residential Group Housing/Group Development Schemes

whose land extent is more than 4000 sqm and up to 5.00 Acres shelter

fee shall be collected as follows:-“

(ii) for sub-rule (1) and Table -40, the following shall be substituted,

namely,-

“(1) The following shelter fee to be levied

TABLE – 40

SHELTER FEE

No.

(1)

Area

(2)

Rate per Sqm

(3)

(Rs)

(A)

(B)

(C)

GVMC; VMC; GMC

750

Other Municipal Corporations

600

Selection

Grade

Special

Grade

Municipalities

500

(a) Other Municipalities

(b) Gram Panchayats falling in Development

Authorities

under APTP Act, 1920

400

XIV. for rule 179, the following shall be substituted, namely,-

“179. The projects below 4000 Sqm are exempted from reservation of

built-up area /number of units for Economically Weaker section/Low

income Groups as well as payment of shelter fees.”

R. KARIKAL VALAVEN

PRINCIPAL SECRETARY TO GOVERNMENT