Telangana Regularisation of Unauthorizedly constructed buildings and buildings constructed in deviation of the sanctioned plan Rules 2015

GOVERNMENT OF TELANGANA
ABSTRACT
Telangana Regularisation of Unauthorizedly constructed buildings and buildings
constructed in deviation of the sanctioned plan Rules 2015- Notification - Orders –
Issued.
MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT
G.O.MS.No. 152 Dated: 02/11/2015

Read the following:
1. G.O.Ms.No.145 MA & UD (M1) Department, Dated: 31.10.2015
2. G.O.Ms.No.146 MA & UD (M1) Department, Dated: 31.10.2015
3. G.O.Ms.No.147 MA & UD (M1) Department, Dated: 31.10.2015
4. G.O.Ms.No.148 MA & UD (M1) Department, Dated: 31.10.2015
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ORDER:
In the orders read above, Government have amended the Telangana
Municipalities Act, 1965; the Greater Hyderabad Municipal Corporation Act, 1955; the
Telangana Urban Areas (Development) Act, 1975; Hyderabad Metropolitan
Development Authority Act 2008 duly authorizing the Municipal Commissioners /
Metropolitan Commissioner of Hyderabad Metropolitan Development Authority / Vice
chairmen of Urban Development Authorities (in case of Gram Panchayats falling under
Urban Development Authorities) to regularise the unauthorized constructions /
deviations as a one-time measure. Consequently Government hereby issue the
Telangana Regularization of Unauthorizedly constructed buildings and buildings
constructed in deviation of the sanctioned plan Rules 2015.
2. Accordingly the following Notification shall be published in the Extraordinary
Gazette of Telangana Dated: 3.11.2015
NOTIFICATION
In exercise of the powers conferred in Section 218(A) of the Telangana
Municipalities Act, 1965, Section 455AA of the Greater Hyderabad Municipal
Corporation Act, 1955, Section 46(A) of the Telangana Urban Areas (Development)
Act, 1975, Section 23(A) of the Hyderabad Metropolitan Development Authority Act
2008 the Government of Telangana hereby makes the following Rules, namely
1. Short Title, Application and Commencement:
(1) These Rules may be called “Telangana Regularization of unauthorizedly
constructed buildings and buildings constructed in deviation of the
sanctioned plan Rules, 2015”
(2) They shall be applicable to existing buildings in the jurisdiction of all
Municipal Corporations, Municipalities, Hyderabad Metropolitan
Development Authority and Urban Development Authorities in the State of
Telangana constructed from 01.01.1985 to 28.10.2015.
(3) They shall come into force from the date of publication of the Notification
in the Telangana Gazette.
2. Definitions:
(1) “Licensed technical personnel” means professionals authorized by the
Competent Authority to take up scrutiny of the Application made for
regularization under these Rules.
(2) “Competent Authority” means the Municipal Commissioner in case of
areas falling in the Municipal Corporation and Municipal limits; the
Metropolitan Commissioner, Hyderabad Metropolitan Development
Authority / the Vice Chairman of the Urban Development Authority in case
of areas falling outside Municipal Corporation or Municipality in the
Hyderabad Metropolitan Development Authority / Urban Development
Authority area.
(3) “Total Built up area” means the entire built up area covered in the building
including common areas and balconies on all floors.
(4) “Unauthorized construction” means any building that has been constructed
in deviation of the sanctioned building plan or without obtaining a building
permission from the sanctioning authority.
3. Compulsory Application for Regularization :
An Application for regularization of existing unauthorizedly constructed buildings
shall be compulsorily made by the owner/GPA/Registered Association to the
Competent Authority or officer authorized by him in the prescribed Proforma
along with Declaration, Self Assessment, copy of sanctioned building plan, if any,
a clear latest photograph of the building, copy of document of ownership title,
Indemnity Bond and two 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. It shall be filed within
sixty days from the date of Notification of these rules along with 50% of
regularization amount as given in Rule 5 or minimum Rs 10,000/- whichever is
less. If any owner/individual does not apply within the stipulated time, he shall be
liable for enforcement action under the law and his building shall not be taken up
for regularization under these Rules.
4. Prior clearance from other Authorities/Departments:
(a) In respect of cases of residential buildings 18 m and above in height,
Commercial buildings 15mts. and above in height, and buildings of public
congregation like schools, Cinema theatres, function halls and other
assembly buildings on plot area of 500 sq. mts. and above or of height
above 6mts as stipulated in Section 13 of the Andhra Pradesh Fire
Service Act, 1999 NOC from Fire Service Department.
(b) From Airport Authority of India wherever applicable.
(c) Irrespective of height of the building necessary certificate from licensed
structural engineer (in case of High Rise Building)/ licensed engineer (in
case of non-High Rise Building) as the case may be with regard to
structural safety compliance of such buildings needs to be submitted.
Applicants shall submit application 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 (a) and 4(b).
5. Payment of fees and charges:
(a) The owner/applicant shall pay the Charges as given in Annexure-I /
Annexure -II as applicable along with the Application for Regularization
and other details. The Charges are levied for the total violated built up
area on all floors. The Charges include Building permit fee, Development
Charges, Betterment charges, Impact Fees, etc. No other fees and
charges shall be levied and collected. The actual regularization charges
will be percentage of basic regularization charges mentioned in Annexure
III and same shall be calculated based on the land value prevailing as on
28.10.2015.
(b) The above fees and charges shall be remitted by way of Demand Draft
drawn in favour of the Competent Authority.
(c) The above amounts paid are not refundable. However, in cases of
rejection, the Competent Authority may refund the amount after retaining
10% of the above amount paid by the applicant towards scrutiny and
processing charges. In case of bonafide error in calculation, the excess
amount paid may be refunded.
6. Scrutiny, Rejection and Approval by the Competent Authority:
After receipt of the Application for Regularization in the prescribed Format along
with required documents and plans, the Competent Authority shall scrutinize the
applications and after carrying out necessary site inspections, communicate it’s
approval or rejection to the applicant as early as possible but not beyond six
months from the last date of receipt of Applications. The Competent Authority
may engage the services of licensed technical personnel for scrutiny of the
applications and for field inspections. Mere receipt of application or any delay in
communication of final orders in the matter will not imply the approval of the
application.
7. Violation after submission of Application:
During verification, if it is found that the applicant has undertaken further
additions or extensions to the existing building, then such application shall be
summarily rejected duly forfeiting the entire regularization amount and necessary
action shall be taken against the unauthorized building including demolition as
per the law.
8. Exemption:
Buildings constructed prior to 01.01.1985 are not covered under these Rules.
9. Regularization not to apply to certain sites:
Regularization 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, Housing Board, Telangana State Industrial Infrastructure
Corporation, Urban Development Authorities, Local bodies, 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 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/MRTS;
(e) Tank bed and Sikham lands;
(f) Areas prohibited for construction under GOMs No. 111 MA&UD Dept.,
dated 8-3-1996 (protection of Catchment area of Osmansagar and
Himayatsagar lakes);
(g) Layout/Master Plan open spaces/Areas earmarked for Recreation Use
/open space use in Master Plan/Zonal development Plan;
(h) Buildings that are not in conformity with land use and zoning regulations
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, for which prior approval of site/plot under
regularization of unapproved and illegal layout rules shall be obtained;
However in case of Rule 9(k), applications for Regularization will be accepted if
the applicant encloses the Acknowledgment of the Application made for
regularization of the unauthorized site/plot under the relevant rules to the
competent authority.
10. Issue of 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 then issue Occupancy
Certificate to the applicant.
11. Appeal:
(a) Any applicant aggrieved by an order passed by the Competent Authority
under Rule 6, 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 and 5 of these rules.
(b) All the appeals shall be disposed off within 3 months.
12. Failure to come forward for Regularization of unauthorized constructions:
Where an application for regularizing 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 demolition shall be initiated by the
local authority as per law.
(c) No further building approvals shall be considered by the building
sanctioning authority in the said site.
13. Amount levied 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 Competent Authority in a
separate escrow account and utilized only for improvement of amenities in
the area.
(b) In respect of Gram Panchayat areas falling in the Hyderabad Metropolitan
Development Authority/Urban Development Authority areas, the
regularisation amount so collected will be shared in equal proportion
between the Development Authority and Gram Panchayat concerned. In
respect of Municipal Corporations and Municipalities falling in Hyderabad
Metropolitan Development Authority / Urban Development Authority areas,
the regularisation amount will be shared between the concerned Municipal
Corporation/Municipality and Metropolitan Development Authority / Urban
Development Authority in the ratio of 70 : 30.

14. Constitution of Committee:
Government will issue separate orders constituting appellate Committees for
examining appeals under rule 11.
15. Government may issue guidelines to operationalize these rules.
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.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)
M.G. GOPAL
SPECIAL CHIEF SECRETARY TO GOVERNMENT