Municipal Administration and Urban Development Department - Andhra Pradesh Municipalities Development Control Rules 2008 - Orders - Issued. Read the following : 1. G.O. Ms. No.422 MA & UD (M1) Dept., Dated 31.7.1998 2. G.O. Ms. No.737 MA & UD (M1) Dept., dated 3.10.2007 3. Objections and Suggestions called for vide Memo No.24282/M1/2007 dated 10.12.2007, and published in the A.P. Extraordinary Gazette, dated 10.12.2007 ***In exercise of the powers conferred under Section 326 of the A.P. Municipalities Act 1965 and sub-section (1) of Section 44 of the A.P. Town Planning Act, 1920, and in supersession of the orders issued in the G.O. 1st read above and as amended from time to time, the Government of Andhra Pradesh hereby issue the following Development Control Rules for Municipalities in the State. Any inconsistency, contradiction or conflict that may arise in the said existing rules/bylaws/regulations, etc., such inconsistency/contradiction or conflict shall stand modified and to that e

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R.1 Short title, Applicability and Commencement

Short title, Applicability and Commencement :—(a) These Rules may be called A.P. Municipalities Development Control Rules, 2008.

(b) These rules shall be applicable to all the Municipalities/Nagar Panchayats constituted under the provisions of A.P. Municipalities Act, 1965 and excluding the Municipalities, which are within the jurisdiction of any Urban Development Authority and shall come into force from the date of publication of the Notification in the Andhra Pradesh Gazette.

(c) These rules shall apply to all building activity. All existing rules, regulations, bylaws, orders that are in conflict or inconsistent with these Rules shall stand modified to the extent of the provisions of these rules.

Definitions :—(1) In the Rules unless the context otherwise requires,—

(i) ‘Competent Authority’ means the Director of Town & Country Planning;

(ii) “Enforcement Authority” means the Commissioner of the Municipality/Nagar Panchayath or the Executive Authority of a Special Unit created for the purpose of monitoring and enforcement of building and development activity;

(iii) “Height of building” means height measured from the abutting road and in case of undulated terrain height can be considered as average of the corresponding ground level or formation level of proposed site;

(iv) “High-Ris

R.3 A

Terms and expressions which are not defined in these Rules shall have the same meaning as in the respective rules/regulations/by-laws of the respective local authorities and as defined in the National Building Code as the case may be, unless the context otherwise requires.

R.4 Restriction on Minimum Building Plot Size along abutting roads in new developments and layouts

Restriction on Minimum Building Plot Size along abutting roads in new developments and layouts :There shall be restriction on the minimum building plot size along the abutting roads in all new development areas and new layouts as indicated in Table-I.

TABLE – I

Abutting road Right-of-way (in Meters)	Minimum plot size allowed (in sq. m)	Max. Plot size allowed (in sq. m)
9 and below 12	100	2000
12 an

R.5 Restrictions of building activity in vicinity of certain areas

Restrictions of building activity in vicinity of certain areas :

(a) No building/development activity shall be allowed 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.

(b) The above water bodies and courses shall be maintained as recreational/Green buffer zone and no building activity other than recreational use shall be carried out within :

(i) The Coastal Regulation Zone (CRZ) restricted area in case of areas along the sea coast.

(ii) 100 meters from the River edge outside Municipal limits and 50 meters within Municipal limits. No permanent constructions/struct

R.6 Requirements of Approach Road for Building Sites/Plots

Requirements of Approach Road for Building Sites/Plots :

TABLE – II

	Type/Use of Building Plot permissible	Minimum abutting road width required (in meters)
(A)	Sites in Old/Existing Built-Up Areas/Congested Areas/Settlement (Gram Khantam/Abadi) (as listed in Annexure I)
*	Residential Buildings – maximum permissible upto 10 meters height	6
*

R.7 Permissible Height and Setback Requirements

0 Permissible Height and Setback Requirements :

There are no plot size stipulations based on use or occupancy of the building. However, the sites shall conform to the statutory Development Plan and Zoning Regulations for permitting the building activity. The setbacks and height stipulations given hereunder are applicable for all types of non-High Rise buildings.

1 Minimum Setbacks and Height Stipulations for all types of non-high rise buildings

(Buildings below 18 meters height inclusive of stilt/parking floor) :

(i) The permissible coverage would be as per the minimum setbacks to be left within the given site. The minimum setbacks an

R.8 Encouragement for Buildings with Central Courtyards

Encouragement for Buildings with Central Courtyards :—As an encouragement for developing ‘U’ type buildings (in respect of non-residential buildings only) with central Courtyards, the setbacks of sides and rear, except the front setback, can be reduced provided :

(a) the area so saved is transferred to the central area/space or Courtyard;

(b) the minimum open space on sides and rear except front, shall be

* 1.5 meters for building height upto 12 meters;

* 2.0 meters for building height upto 15 meters;

* 3.0 meters for building height upto 18 meters;

*

R.9 Requirements for High Rise Buildings

Requirements for High Rise Buildings :

1 High Rise buildings/Complexes shall not be allowed in Congested areas/existing areas and settlement areas/Abadi/Gram khantam areas.

2 The minimum size of plot for High Rise building shall be 2000 sq.m.

3 In respect of sites proposed for high rise buildings and affected in road widening where there is shortfall of the net plot size, upto 10% of such shortfall in net plot area would be considered with the proposed height and corresponding minimum all round setbacks.

4 The building bulk, coverage and height shall be governed by the minimum all-round setbacks to be left, the or

R.10 Requirements of Group Development, Group Housing/Cluster Housing/Residential Enclaves and Row Housing Schemes

Requirements of Group Development, Group Housing/Cluster Housing/Residential Enclaves and Row Housing Schemes :

1 Such developments shall be considered where the site is developed together with buildings and all amenities and facilities are provided, and not disposed as open plots.

2 All Group Development Schemes, Group Housing Scheme/Cluster Housing Scheme applications shall in addition to the requirements under these Rules, be accompanied by :

(i) A Services and Utilities Plan as per standards for provision of water supply system, drainage and storm water disposal system, sewerage system, rain water harvesting structures, and for other utilities.

Parking Requirements :

1 In all Complexes including Residential Complexes, Hotels, restaurants and Lodges, business buildings, commercial buildings, Institutional buildings like hospitals, Educational buildings like schools and colleges, high-rise buildings/Complexes, and for all other non-residential activities provision shall be made for parking spaces as per the following requirements :

TABLE – VI

Category of building/activity	Parking area to be provided as percentage of total built up area

R.12 Restrictions on Projections allowed in Mandatory open Spaces

Restrictions on Projections allowed in Mandatory open Spaces:—Only the following Projections shall be allowed in the mandatory open spaces/setbacks/interior open spaces :

(i) No balcony projections or corridor shall be permitted beyond the setbacks i.e., projecting within the mandatory open spaces in case of non-high rise buildings. These, if provided for, shall be set back as per the minimum mandatory open spaces and the setback shall be clear from the edge of the balcony or corridor.

(ii) Cornice, Chajjas/weather shades only of width not exceeding 60 cm shall be allowed in the mandatory setbacks.

(iii) In case of plots more than 300 sq m :

Technical Clearance from Competent Authority.

1 Commissioners concerned are empowered to directly sanction the applications for building permission upto 10 meters height in plot area upto 300 Sq. Meters, and in those sites where the proposed activity are permissible in normal course as per Zoning Regulations.

2 For the buildings above 10 Meter Height and upto 15 Meter Height and on plot area upto 1000 Sq. Meters, and permissible in normal course as per zoning regulations, the Commissioner shall obtain prior technical clearance from the Regional Deputy Director of Town Planning concerned.

3 For buildings in sites above 1000 Sq. Meters and those which are permiss

R.14 Urban Design and Architectural Control

Urban Design and Architectural Control :—For certain areas as well as sites abutting major roads of 30 meters and above, the Sanctioning Authority may enforce urban design and architectural control. These shall be detailed out keeping in view the development conditionalities and requirements given in these Regulations and the National Building Code norms. For this purpose, urban design and architectural control sheets/plans approved by the Sanctioning Authority shall be complied with.

R.15 Obligations of the owner and Licenced Developer/Builder/Licenced Technical Personnel to Implement and Develop the Master Plan/Statutory Plan Circulation Network and Specific Land Uses

Obligations of the owner and Licenced Developer/Builder/Licenced Technical Personnel to Implement and Develop the Master Plan/Statutory Plan Circulation Network and Specific Land Uses :—(1) Where any land or site or premises for building is affected in the statutory plan/Master Plan road or circulation network or an road required to be widened as per a Road Development Plan, such area so affected in the road or circulation network shall be surrendered to the Sanctioning Authority by the owner of land. No development permission shall be given unless sthis condition is complied with.

(2) Upon surrendering such affected area and vesting it with the local authority, the owner of the site would be entitled to a Transferable Development Right (TDR) as

R.16 Grant of Transferable Development Right

Grant of Transferable Development Right :—Grant of Transferable Development Right (TDR) may be considered by the Competent Authority for the following areas subject to the owner complying with the conditions of development and, as per the following norms :

(a) For the Master Plan road network undertaken and developed: equivalent to 100% of built up area of such area surrendered.

(b) For conservation and development of lakes/water bodies/ nalas foreshores and Recreational buffer development with greenery, etc : equivalent to 50% of built up area of such recreational buffer area developed at his cost.

(c) For Heritage buildings and heritage precincts maintained with adaptiv

R.17 Levy of Special Fees and other Provisions for Certain Areas

Levy of Special Fees and other Provisions for Certain Areas :—The Sanctioning Authority with the specific approval of the Government, when implementing such Projects, may levy Special fees and other fees/charges for lands/sites/premises abutting or in the vicinity of the Ring Road or implementing any other scheme/road as indicated in the Master Plan, at the rates and procedure prescribed by the Government.

R.18 Town Level Infrastructure Impact Fees Applicable in Certain Cases

Town Level Infrastructure Impact Fees Applicable in Certain Cases : —(1) With a view to ensuring development of Town Level Infrastructure facilities and levy of Impact Fees, buildings are categorized as follows :

Type I : Buildings upto height 15 m excluding stilt parking floor

Type II : Buildings of height above 15 m (excluding stilt floor)

The Town level Infrastructure Impact Fees would be levied for Buildings under Type II above as follows :

* First 15 m or 5 floors (whichever is less) : No levy of Impact fee

* For any additional floors or part thereof : at differential rates specified in Table bel

R.19 Incentives for owners leaving more setbacks/Installing Solar Heating System/Lighting/Rain Water Harvesting/Recycling of Waste Water

Incentives for owners leaving more setbacks/Installing Solar Heating System/Lighting/Rain Water Harvesting/Recycling of Waste Water:—The following incentives in terms of rebate in Property Tax will be given by the local authority for owners or their successors-in-interest who :

(a) Construct the building/blocks by leaving more setbacks than the minimum stipulated in these Rules, viz.;

Leaving 1.5 times the minimum setbacks in all sides : 10% rebate*

Leaving 2.0 times and above than the minimum setbacks on all sides :

20% rebate*

* The setbacks have to be on all sides to qualify for the rebate. Leavin

R.20 Building Permit/License Fees and Undertaking

Building Permit/License Fees and Undertaking :

(a) The Sanctioning Authority shall along with the Building Application collect only the Building Permit/License fees. The balance fees and charges shall be levied and collected before the issue of permission/sanction. In case of rejection of application, the above initial fees would be forfeited.

(b) No fees and charges would be levied for parking spaces provided in stilt/cellar or any other parking floors.

R.21 Compliance by Owner for Ensuring that Construction is Undertaken as Per Sanctioned Plan

Compliance by Owner for Ensuring that Construction is Undertaken as Per Sanctioned Plan :

(a) The owner and builder/developer shall give an Affidavit duly Notarised to the effect that in the case of any violation from the sanctioned building plan, the Enforcement Authority shall summarily demolish the violated portion. In respect of Apartment Buildings, the owner or builder shall give a Declaration duly specifying the number of floors permitted, along with the extent of each floor. In case of any violation with regard to the Declaration, the Enforcement Authority shall summarily demolish the violations.

(b) Before the release of the building sanction by the sanctioning authority, the owner of the plot/site is not o

R.22 Occupancy Certificate

Occupancy Certificate :—

(i) Occupancy certificate shall be mandatory for all buildings. No person shall occupy or allow any other person to occupy any building or part of a building for any purpose unless such building has been granted an Occupancy Certificate by the Sanctioning Authority. Partial Occupancy Certificate may be considered by the sanctioning authority on merits, i.e. flats/units or area within a Complex which have fulfilled all the requirements in addition to basic facilities like lifts, water supply, sanitation, drainage, roads, common lighting, etc.

(ii) The owner shall submit a notice of completion through the registered architect and licenced builder/developer along with prescribed document

R.23 Enforcement

Enforcement

(A) In addition to the enforcement powers and responsibilities given in the respective laws of the local authority, in respect of these Rules :

(i) The Licenced Technical Personnel to whom the Licence has been accorded by the Local Bodies concerned for practicing as Licenced Technical Personnel are wholly and severally held responsible for any deviations made to the sanctioned plans, since the licence accorded to them includes supervision of the work in accordance with the sanctioned plan and they should co-operate with the field staff during the inspections and removal of the deviations if any noticed and if found any breach of this rule the concerned Licenced Technical personnel shall be prosecuted

R.24 Limitations of Building Sanction

Limitations of Building Sanction :—Sanction of building permission by the Sanctioning Authority shall not mean responsibility or clearance of the following aspects :

(i) Title or ownership of the site or building

(ii) Easement Rights

(iii) Variation in area from recorded areas of plot or a building or on ground

(iv) Structural Reports, Structural Drawings and structural aspects

(v) Workmanship, soundness of structure and materials used,

(vi) Quality of building services and amenities in the construction of building

(vii) The s

R.25 Licensing of Real Estate Companies, Developers, Builders, Town Planners, Engineers and Other Technical Personnel Mandatory :

Licensing of Real Estate Companies, Developers, Builders, Town Planners, Engineers and Other Technical Personnel Mandatory :

(a) No developer/builder/real estate firm or company/engineer/town planner/other technical personnel shall be allowed to undertake development/do business/practice in a Municipal area unless they are licenced with the sanctioning authority of the respective area. Architects shall be required to be registered with the Council of Architecture.

(b) The engaging of the services of the licenced developer/builder shall be mandatory for Apartment Buildings, Group Housing Schemes, all types of gated developments mentioned in Rule 10, all High-Rise Buildings, and all commercial complexes.

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