Municipal Administration & Urban Development Department - The Andhra Pradesh Regulation and Penalization of Buildings Constructed Unauthorizedly and in Deviation to the Sanctioned Plan Rules, 2025 – Notification – Orders – Issued.

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Registered No. HSE-49/2016

PART I EXTRAORDINARY

No.765 AMARAVATI, WEDNESDAY, NOVEMBER 12, 2025 G.751 NOTIFICATIONS BY GOVERNMENT

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MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT(M) Municipal Administration & Urban Development Department - The Andhra Pradesh Regulation and Penalization of Buildings Constructed Unauthorizedly and in Deviation to the Sanctioned Plan Rules, 2025 – Notification – Orders – Issued. ______________________________________________________________ [G.O.Ms.No.225 MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M) DEPARTMENT, 12th November, 2025]

NOTIFICATION

In exercise of the powers conferred by section 455-AA of the Municipal Corporations Act, 1955, section 218-A of the Andhra Pradesh Municipalities Act, 1965, section 108-A of the Andhra Pradesh Capital Region Development Authority Act, 2014 and section 90-A of the Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016, and in supersession of the Andhra Pradesh Regulation and Penalization of Buildings Constructed Unauthorisedly In Deviation of the Sanctioned Plan Rules, 2019 issued in G.O. Ms. No.14, MA & UD Dept dated.04.01.2019, the Government of Andhra Pradesh hereby make the following Rules:

1. Short Title, Applicability and Commencement:

1) These rules may be called "The Andhra Pradesh Regulation and Penalization of Buildings Constructed Unauthorizedly and In Deviation to the Sanctioned Plan Rules, 2025" and in short these Rules may be called as " Building penalisation Scheme,2025 (BPS,2025).

2) They shall be applicable to the existing buildings constructed after 1-1- 1985 and before 31-08-2025 in the jurisdiction of all Municipal Corporations, Municipalities, Nagar Panchayats, Gram Panchayats falling in the Capital Region Development Authority except those included in the 'Capital City Area' of A.P Capital Region Development Authority(APCRDA),2 Gram Panchayats falling in Urban Development Authorities & Visakhapatnam-Kakinada Petroleum, Chemical & Petro-Chemical Investment Region Development Authority (VK-PCPIR UDA), Gram Panchayats falling in Visakhapatnam Metropolitan Region Development Authority (VMRDA) and Industrial Area Local Authority (IALA) in Andhra Pradesh.

3) They shall come into force from the date of publication of the Notification in the Andhra Pradesh Gazette.

2. Definitions:

1) "Built up area" means the area including common areas and balconies but excluding Parking area in the building.

2) "Competent Authority" means the Municipal Commissioners in case of areas falling in Urban Local Bodies, the Vice Chairpersons in case of Gram Panchayats falling under Urban Development Authorities & Visakhapatnam-Kakinada Petroleum, Chemical & Petro-Chemical Investment Region Urban Development Authority (VK-PCPIR UDA), Metropolitan Commissioner in case of Gram Panchayats falling in Visakhapatnam Metropolitan Region Development Authority (VMRDA) 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 and the Commissioner in case of the Industrial Area Local Authority (IALA).

3) "Licensed Technical Personnel" means professionals authorized by the Competent Authority to submit Application in Online for Regulation and Penalization of buildings under these Rules as specified in Annexure-I of Andhra Pradesh Building Rules, 2017 and its subsequent amendments. 4) "Unauthorized construction" means any building that has been constructed in violation/deviation to the sanctioned building plan or without obtaining a building permission from the sanctioning authority.

3. Compulsory Application for Penalization:

1) The application for Regulation and Penalization of Buildings 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, Capital Region Development Authority (except Capital City area), Metropolitan Region Development Authority, Urban Development Authorities, VKPCPIR-UDA and IALA by the LTPs/Applicants/Building Owner.

3) An Application for regulation and penalization of the buildings constructed unauthorizedly and in deviation to the sanctioned plan shall be compulsorily made by the Owner/General Power Attorney / Registered Association through Online Web portal along by enclosing the following documents

a. Self-attested Copy of registered document of ownership title,3 b. Encumbrance Certificate and Market value certificate issued by the Registration Department

c. copy of sanctioned building plan, if any d. Latest date-stamped photographs of the proposed building (minimum two), clearly showing all floors and external features of the structure which is to be self-attested by the applicant and LTP.

e. 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.

f. Indemnity Bond (Annexure-IV) g. Road widening under taking if any, (Annexure-V) h. Structural Stability certificate issued by licensed structure Engineer. i. Necessary NOC from the concerned competent Authorities/Departments.

4) The applicant shall get the plans prepared duly scrutinized by the Licensed Technical Personnel who shall undertake the field inspection for the purpose.

5) The application shall be filed within 120 days from the date of Notification of these rules along with the prescribed penal amount as given in rule 5.

6) 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 to 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.

7) 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.

4. Prior clearance from other Authorities/Departments in certain cases:

1) In the following cases, prior clearance (NOC) 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.

The Andhra Pradesh State Disaster Response & Fire Services Department shall issue NOCs in this regard after ensuring the fire safety measures specified in G.O.Ms.No.154 MA & UD Dept dt: 13-03- 2007 and its amendments.

b. From Airport Authority of India wherever applicable.

2) Applicants shall submit such applications along with the above details within the stipulated time.

5. Payment of Penal Charges:

1) All Penal Charges payable under these rules shall be payable through online payment instruments such as Credit Cards, Debit Cards / Net Banking / UPI / NEFT /RTGS /Wallet etc., through the website specified in rule 3(1).

2) The penal charges payable are specified in Annexure I to III of these Rules. The penal charges are levied for the total violated built up area on all floors for the building constructed deviating the approved plan and total Built up area in all floors for the building constructed unauthorisedly excluding parking place. 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) Buildings constructed in unauthorized layouts shall also be regularized by collecting penal amount charges as prescribed in G.O.Ms.No.10 MA&UD Dept. dated 08-01-2020 and its amendments issued vide G.O.Ms.No.134, dated 26-07-2025 of MA&UD Department, as subsequently amended.

4) The applications filed under previous BPS 2019 and pending at various stages shall be disposed as follows:

a. If the applicant paid total regularization charges and the applicants not yet received any payment / shortfall documents intimation/payment intimation issued on last date BPS, 2019 from the UDA / ULB shall be disposed as per BPS Rules, 2019.

b. Where payment / shortfall documents intimations issued to applicants by the UDA / ULB, but the applicants not complied the same, those applications shall be disposed as per amended BPS Rules, 2025.

5) The Owner / Applicant shall pay an initial amount of Rs.10,000 [Rupees Ten Thousand Only] along with application and shall pay the balance penal charges and other required documents within 120 days from the date of application submitted, since it is compulsory discloser scheme. 6) 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 bonafide error in calculation, the excess amount paid may be refunded.

7) 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.

8) In case of residential buildings falling in slums already identified / notified by the ULBs, only 50% of penalization charges shall be levied.

9) The regularization scheme issued vide G.O.Ms.No.243, MA&UD Dept., Dt: 24.07.2018 for regularization of the constructions made on the Government lands (unobjectionable encroachments) which were regularized and are being regularized by Revenue Dept., will be part of this scheme with the penal charges as specified therein.

6. Penalization not to apply to certain sites:

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, Metropolitan Development Authority, Capital Region 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 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)

e. Tank bed and Sikham lands, River Course / Drain / Vagu any Water body;

f. Prohibited buildings under the Coastal Regulation Zone and such other environmentally restricted zones as prescribed in respective regulations;

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 / Zoning Regulations.

i. Sites under legal litigation/ disputes regarding ownership of the site / building;

j. Area earmarked for parking as per sanctioned plan; k. Buildings falling in 'Capital City Area' of Capital Region Development Authority Area.

l. Under any circumstances the building / floors constructed after cutoff date 31.08.2025 are not eligible for penalization. If any Licensed Technical Personnel (LTP) / applicant submits such buildings for penalization, he will be black listed without any notice. No application of black listed LTP is acceptable until unless unblocked by the Competent Authority with the consent of the DT&CP in Online.

7. Exemption:

Huts, semi-permanent and RCC residential buildings up to two storeys (G+1) in sites up to 50 sq.mts are exempted from operation of these rules.

8. In case of application when part of site is required for road widening the applicant shall submit an undertaking as prescribed at Annexure-V. The said road widening shall be earmarked in the plan.

9. Violation after submission of Application:

During verification, if it is found that the applicant has misrepresented / 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 such unauthorized building including demolition / sealing of premises as per the Law and also criminal action will be initiated against LTP and applicant.

10. Scrutiny, Rejection and Approval by the Competent Authority:

After receipt of the Application for penalization in the prescribed proforma along with required documents and plans along with initial payment of penal charges, the Competent Authority / the Officer delegated shall scrutinize the application and communicate the balance amount to be paid for approval or rejection to the applicant shall be communicated as early as possible but not beyond six (6) 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.

11. Issue of proceedings showing Regulation and Penalization of the

Building and Occupancy Certificate:

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 the BPS proceedings issued by the competent Authority itself shall be treated as Occupancy Certificate in case of building completed in all aspects including finishings.

12. Appeal:

An appellate Committee with the following members is constituted for disposal of appeals:

i. Any applicant aggrieved by an order passed by the Competent Authority under Rule 11, may prefer an appeal to the Commissioner of the Concerned ULB/Commissioner of APCRDA/Commissioner of IALA/Vice Chairperson of VKPCPIR-UDA/Vice Chairperson of concerned UDA/ Metropolitan Commissioner of MRDA within thirty days (30) 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. The Town Planning Section Head concerned shall examine and furnish detailed report before the following Committee within fifteen (15) Days from the date of appeal.

ii. All the appeals shall be disposed off within 30 days from the date of receipt of Appeal.

13. Failure to come forward for penalization under the scheme

Where an application for regulating and penalizing the unauthorizedly 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 sealing of premises / demolition / filing of criminal cases 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 unauthorizedly or in deviation to the sanctioned plans shall be black- listed.

14. Amount collected to be kept in separate account:

a. The amount collected by the Competent Authority under these rules shall be kept and maintained under the control of the DTCP in a separate account and utilized only for improvement of amenities as prescribed by the Government.

b. If the application received is within the ULB limits, 70% of the amount collected shall be earmarked for works in the Urban Local Body Concerned and remaining 30% shall be maintained at DTCP.

c. If the application received is outside the ULB limits, Gram Panchayats falling in the Urban Development Authority area or Metropolitan Region Development Authority or Capital Region Development Authority area, VK PCPIR UDA and IALA, 15% of the amount collected shall be transferred to Urban Development Authority/ Metropolitan Region Development Authority/Capital Region Development Authority/ IALA Concerned and 70% of the amount collected shall be transferred to Panchayat concerned and remaining 15% shall be maintained at DTCP.

d. The amount maintained under the control of the DTCP in a separate account shall be utilized only for improvement of amenities as prescribed by the Government time to time.

e. Utilization of the amount collected under BPS: The Local bodies and UDA/CRDA/VMRDA/VKPCPIR/IALA shall assess and prioritize works in accordance with the following order of priority:

i. Hon'ble Chief Minister's Assurances – Developmental works identified and announced as priority by the Hon'ble Chief Minister ii. Anna Canteens iii. Sewerage Treatment Plants iv. Legacy Waste clearance or for improvement/development of cleared legacy waste site.

v. Construction of stormwater drains, sewage water drains, vi. Other works – Any remaining amounts may be utilized for other infrastructure works like roads, street lighting etc with prior Government approval.

vii. Formation of new master plan roads / link roads viii. Protection and improvement of lakes/Ponds

ix. Development of area level recreation facilities x. Protection and development of layout open spaces

15. The DT& CP is the Monitoring Authority to address any grievances resulting out of the Software functioning and other issues related to the scheme and shall prepare Frequently Asked Questions (FAQs), clarifications and shall place the same in the Website. The expenditure incurred for development and maintenance of Software and supporting man power shall be met from the penal amount collected under this scheme i.e., Rs. 2000 per application and the DT&CP shall take necessary action accordingly.

16. 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.

17. Annexure - I to V are attached to these rules.

List of Annexure to "The Andhra Pradesh Regulation and Penalization of

Buildings Constructed Unauthorizedly and In Deviation to the

Sanctioned Plan Rules, 2025

A N N E X U R E – I

BASIC PENALISATION CHARGES (Rupees per Sq. feet of Built up area)

FOR INDIVIDUAL RESIDENTIAL BUILDINGS, INSTITUTIONAL

BUILDINGS, INDUSTRIAL BUILDINGS AND COMMERCIAL BUILDINGS

* Above charges are basic rates. Actual charges varies with reference to

land value as per Annexure-III

ANNEXURE – II

BASIC PENALIZATION CHARGES

FOR MULTIPLE DWELLING UNITS / FLATS / APARTMENT COMPLEXES /

INDIVIDUAL BUILDING CONVERTED INTO APARTMENTS/SERVICE

APARTMENTS

* Above charges are basic rates. Actual charges varies with reference to

land value as per Annexure-III

A N N E X U R E – III

Annexure-IV

INDEMNITY BOND & UNDERTAKING

(On Non-Judicial Stamp paper of Rs.100 & Notarized) [To be submitted along with Application Form Given in Annexure – I )

[Address]

[Address] This Indemnity Bond and Undertaking executed on this _______day of ______2025 by 1. Smt./Sri ______________________S/W/o_____________________ Age ________Occupation ________________, The Applicant/Owner R/o ______________________________________________________ 2. and Smt./Sri ______________________S/W/o_____________________ Age ________, Licensed Technical Person R/o ______________________________________________________ LTP Regd. No.__________________________

Herein after called the FIRST PARTY which term shall include their legal heirs, successors, assignees, agents, representatives and tenants.

IN FAVOUR OF

The Commissioner/ Vice Chairperson / Metropolitan Commissioner________________________ of ____________________Nagar Panchayat /Municipality / Municipal Corporation / Urban Development Authority / Andhra Pradesh Capital Region Development Authority/Visakhapatnam Metropolitan Region Development Authority/VKPCPIR-UDA/IALA herein after called the SECOND PARTY, which term shall include all officials and staff of the Nagar Panchayat / Municipality / Municipal Corporation / Urban Development Authority / Andhra Pradesh Capital Region Development Authority/ Visakhapatnam Metropolitan Region Development Authority.

Whereas the FIRST PARTY has applied for the penalization of the

unauthorized construction [BPS] for the building as given in the

schedule below.

Whereas the SECOND PARTY has agreed to consider the penalization of the unauthorized construction in the said site/ plot in terms of 'The Andhra Pradesh Regulation and Penalization of Buildings Constructed Unauthorizedly and in deviation of the Sanctioned Plan Rules, 2025 and stipulated a condition that there shall not be any defect/litigation's/land acquisition over the said site/land and the same shall be free from all claims of Govt./Banks/and attachments of Courts, and the FIRST PARTY has to indemnify the SECOND PARTY to this effect.

Whereas the FIRST PARTY having agreed to the aforesaid condition hereby indemnifies the SECOND PARTY with the above assurance and hereby solemnly declare that the above said site/land is the property of the FIRST PARTY which15 is possessed by him/her since the date of purchase / acquisition and the same is free from all defects, litigation's, claims and attachments from any courts, etc. and in case of any disputes/litigation's arises at any time in future the FIRST PARTY will be responsible for the settlement of the same and the SECOND PARTY will not be a party to any such disputes/litigation's.

Whereas the FIRST PARTY has furnished correct information in the on- line building penalization module such as present usage of building, master plan land use, existing and proposed road width as per master plan, approved built up area, constructed built up area, height of building, structural stability etc., and if the second party notices in future that any or part of the information furnished by the FIRST PARTY is false or incorrect the FIRST PARTY has agreed for any penal action initiated by the SECOND PARTY including the cancellation of penalization proceedings and demolition of unauthorized construction. Schedule: Building location:

Signature & Name of FIRST PARTY 1.

1. Owner/Applicant:

2. LTP:

WITNESSES:

1. Signature:

Name and

address:

2. Signature:

Name and

address:

Sworn and signed before me on this _____ day of _______ 2025 in

presence of above Witnesses.

PUBLIC NOTARY

ANNEXURE - V

ROAD WIDENING UNDERTAKING

BPS File No.:____________________

[Notarized undertaking to be executed on Rs.100/- Non-Judicial Stamp Paper] This undertaking is executed on this the….…………day of ……….……2025 by………………….………………………………………………………………………………………S/W/o……… …………..……………………………………………..…………………………… R/o………………………………………………………………………………………………………… situated at …………………………………………………………….. herein after called the First Party which term shall include their legal heirs, successors, assignees and tenants in favour of the Commissioner/Vice-Chairman, Metropolitan Commissioner, ………………………………………….…………Nagar Panchayat/Municipality/Municipal Corporation/Urban Development Authority/Metropolitan Region Development Authority/Andhra Pradesh Capital Region Development Authority/VKPCPIR UDA/IALA, herein after called the Second Party which term shall include its representatives, agents, officials and staff.

WHEREAS, the First Party has applied to the Second Party for regulating and penalizing the building constructed unauthorizedly / in deviation to sanctioned plan in the premises situated as given below.

Schedule: Building location:

WHEREAS, the Second Party has stipulated a condition that:

The land which is getting affected due to the proposed road widening throughout the frontage of the plot as per Master Plan/Zonal Development Plan/Road Development Plan from the existing width of ……………………..(mts.) [or]……………(ft) to the proposed width of …………..(m) [or]……………….(ft)17 admeasuring …………………..(sq.m) [or] ………………..(sq. ft) [or]……………….(sq.yd) located in the premises as given in the Schedule above as earmarked in the submitted plan shall be surrendered to the Second Party for road widening free of cost without claiming any compensation towards the land affected under road widening portion.

The First Party in token of accepting the above conditions hereby undertake that the physical possession of the strip of land is hereby handed over to the Second Party free of cost without claiming any compensation towards the said land.

The above undertaking is executed by me with free will and due

consciousness.

Signature of the First Party

Name of the First Party

WITNESSES:

1. Signature:

Name and address:

2. Signature:

Name and address:

Sworn and signed before me on this ------------ day of ---------- 2025 in

the presence of above witnesses.

PUBLIC NOTARY

S.SURESH KUMAR

PRINCIPAL SECRETARY TO GOVERNMENT