GOVERNMENT OF ANDHRA PRADESH

A B S T R A C T

MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M) DEPARTMENT

G.O.Ms.No. 8 6,                                                                                                Dated the 3^rd March, 2006.

                       Read the following :

1.            G.O.Ms.No.423 M.A. & U.D. Department, dated 31.07.1998

2.            Government Memo No.19048/M₁/2004-4 M.A., dated15.12.2005.

3.            A.P.Extra Ordinary Gazette No.4, dated 22.01.2005.

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O R D E R:

In the reference 1^st read above, Government have issued Comprehensive Building Rules which are applicable to Municipal Corporations, Municipalities and areas covered by Urban Development authorities. Since then these Building Rules have governed building activities in urban areas. 

2.         It has been brought to the notice of the Government that the above building stipulations are cumbersome with too many parameters for regulating and controlling developments and building activities and there is a need for simplifying the building stipulations by stipulating minimal parameters. Further due to changes in building technologies, massive and rapid urbanization, escalating land prices, and certain shortcomings experienced relating to the existing building stipulations Government have decided to review the building stipulations and come out with comprehensive building rules  thereby, making the building stipulations clear, easy to comprehend, user-friendly, promoting various types of development and building activities, besides giving design freedom and choice with optimum usage of land on one hand, and reducing the trend of violations and unauthorized constructions on the other, without compromising on the community good.

3.         Initially a draft was prepared in consultation with experts from various fields and the same was notified in the Andhra Pradesh Extraordinary Gazette No. 4, dated 22.01.2005 for inviting public objections and suggestions.  A number of objections and suggestions were received from individuals, professionals Municipalities, Municipal Corporations, Urban Development authorities and other Departments.  Further discussions and deliberations were held at various levels involving various groups like builders, developers, architects, engineers, town planners, representatives of Urban Development Authorities and local bodies, public representatives, academicians, officials and general public, and have received many suggestions and comments on the said draft building rules. After careful examination of all the objections and suggestions received, Government have come to the conclusion to further rationalise the standards of Building requirements for different types of buildings, uses & occupancies in the Municipal Corporation of Hyderabad, and Hyderabad Urban Development Authority, Hyderabad Airport Development Authority, Cyberabad Development Authority and Buddha Purnima Project Authority so as to have uniform application of the rules relating to regulation of building construction, etc. in the above areas. Therefore in supersession of the Rules issued vide G.O.Ms.No.423 M.A., dated 31-7-1998 and the Municipal Corporation of Hyderabad Building By-laws 1981 to the extent specified in these Rules Government hereby issue the following Notification and the same will be published in Andhra Pradesh Extraordinary Gazette dated 04.03.2006.

4.      A copy of this Order is available on the Internet and can be accessed at the address http://apts.gov.in/apgos.

NOTIFICATION

                  In exercise of the powers conferred under Section 585 read with 592 of the Hyderabad Municipal Corporation Act, 1955  and proviso under Sub Section (1) read with sub section (2) of Section 14,32,46 and  58 of the Andhra Pradesh Urban Areas (Development) Act,1975 , the Government of Andhra Pradesh hereby issue the following rules applicable to Municipal Corporation of Hyderabad  and other areas covered by Urban Development Authorities, viz. Hyderabad Urban Development Authority, Hyderabad Airport Development Authority, Cyberabad Development Authority and Buddha Purnima Project Authority,  as appended to this Notification.  Any inconsistency or contradiction or conflict that may arise in the said existing rules / by-laws / regulations, etc. such inconsistency / contradiction or inconsistency shall stand modified and to that extent, the provisions in these rules shall apply.

APPENDIX

1.      Short Title, Applicability  & Commencement:

a)            These Rules may be called Hyderabad Revised  Building Rules, 2006

b)            These rules shall be applicable to Municipal Corporation of Hyderabad area, rest of Hyderabad Urban Development Authority area, Hyderabad Airport Development Authority area, Cyberabad Development Authority area and Buddha Purnima Project Authority area 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.

2.      Definitions:

(i)         ‘Competent Authority’ means:

(a)  the Vice Chairman of the Hyderabad Urban Development Authority / Hyderabad Airport Development Authority / Cyberabad Development Authority/  Buddha Purnima Project Development Authority in the case of areas outside Municipal Corporation of Hyderabad area,

(b)      the Commissioner,  in the case of Municipal Corporation of Hyderabad area.

(ii)             Enforcement Authority means the Commissioner of the Municipal Corporation of Hyderabad, the Commissioner of the Municipality or the Executive Authority of the Gram Panchayat in case of areas outside the municipal areas of the Development Authority or a Special Unit created for the purpose of sanctioning and monitoring building and development activity.

(iii)      Parking Complex/Parking Lot means a premises either built or open which is utilized purely for parking of vehicles and where parking fees is collected by the owner and permitted in specific areas. The minimum site shall be 300 square meters.

(iv)      Transferable Development Right (TDR) means an award specifying the built up area an owner of a site or plot can sell or dispose or utilize elsewhere, whose site or plot is required to be set apart or affected for a community amenity or development for public purpose in the Master Plan or in road widening or covered in recreational use zone, etc.. The award would be in the form of a TDR Certificate issued by the Competent Authority.

(v)      High-Rise building  means a building 18 meters or more in height. However, chimneys, cooling towers, boiler, rooms/ lift machine rooms, cold storage and other non-working areas in case of industrial buildings and water tanks, and architectural features in respect of other buildings may be permitted as a non-High Rise building. Buildings less than 18 m including stilt floor/parking floor stand excluded from the definition of high-rise buildings.

(vi)      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.

(vii)      ‘Sanctioning Authority’ means the Commissioner of the Municipal Corporation of Hyderabad, the Commissioner of the Municipality or the Executive Authority of the Gram Panchayat in case of areas outside the municipal area of the Urban Development Authority or a Special Unit created for the purpose of sanctioning and monitoring building and development activity.

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.

3.      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 developments areas and layouts.

TABLE I

·         Road Right-of-way means the total land width reserved for the road in the layout / Master Plan / Development Plan / Development Scheme whether the road is developed/formed or otherwise and includes the service road,  if any, to be provided.

4.1         Minimum Approach road requirement for sites in new areas/layout areas:

No site or parcel of land shall be used for building activity unless it has a clear and established approach road of minimum 9 m  Black topped  Road is provided by the developer/builder/owner at his own cost or deposits the necessary cost for laying of the road by the sanctioning authority.

4.2        Access conditions & Requirements for plots/sites abutting Ring roads / Highways / Bypass Roads of 30 m and above identified in the Master Plan / Zonal Development Plan:

In addition to the requirement of confirmation to the minimum plot size along the abutting roads, height and other requirements stipulated in the se rules, buildings abutting major roads of 30 M and above width shall be permitted only after black topped service road of 7 M width with two-lane carriageway is provided to the extent of the building in question within the defined Right-of way.  It will be the responsibility of the developer / builder / owner to provide the above service road of the standards fixed by the Sanctioning Authority at his own cost.   The Sanctioning Authority may consider sanctioning building permission if the developer / builder / owner deposits the full cost for laying such service road to the Sanctioned Authority.

4.3       The money so levied and collected under Rule 4.1 and 4.2 above shall be maintained in a separate exclusive account by the sanctioning authority and utilised only for this purpose.

5.   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) 30 meters  from the boundary of Lakes of area  10 Ha and above;

(ii)          9 meters from the boundary of lakes of area less than 10 Ha / kuntas / shikam lands;

(iii)         9 meters from the boundaries of Canal, Vagu, etc.

(iv)        2 meters from the defined boundary of Nala

the above shall be in addition to the mandatory setbacks.

Unless and otherwise stated, the area and the Full Tank Level (FTL) of a lake / kunta shall be reckoned as measured or given in the Survey of India topographical maps/Irrigation Dept.

(c)             Unless and otherwise specified in the Master Plan / Zonal Development Plan,

·       the space to be left in and around the Canal / Vagu (including the actual Canal / Vagu bed width and alignment) shall be minimum 15 m. This may be developed as Green Buffer/recreational and/or utilised for road of minimum 9m  width, wherever feasible.

·       In case of (b) (i) above, in addition to development of recreational/green belt along the foreshores, a ring road or promenade of minimum 12.2 m may be developed, wherever feasible.

·       The above greenery/landscaping and development shall conform to the guidelines and provisions of the National Building Code of India,2005.

(d)        For Building activity within the restricted zone near the airport or  within 500 m distance from the boundary of Defence areas / Military establishments, necessary clearance from the concerned Airport Authority / Defence Authority / shall be obtained. For sites located within the Air Funnel zone, prior clearance from the Airport Authority shall be obtained.

(e)        In case of sites in vicinity of High Tension Electricity transmission lines besides taking other safety precautions, a minimum safety distance (both vertical and horizontal ) of 3 m (10 ft.) shall be maintained between the buildings and the High Tension electricity lines, and 1.5 m for Low Tension Electricity lines.

(f)         In case of sites in the vicinity of oil/gas pipelines, clearance distance and other stipulations of the respective authority shall be complied with.

(g)        In case of Banjara Hills-Jubilee Hills area covered by Block 1 & 2 , and part of Block No. 3 of ward no. 8, Municipal Corporation of Hyderabad area, the building restrictions imposed vide G.O.Ms.No.601 MA dated 5–11-1988 read with G.O.Ms.No.423 M.A., dated 31-7-1998 would be applicable.

(h)        For areas covered under G.O.Ms.No.111 MA dated 08.03.1996 (protection of Catchment area of Osmansagar and Himayatsagar lakes), the restrictions on building and development  activity imposed in the said Government order would be applicable.

6.      REQUIREMENTS OF APPROACH ROAD FOR BUILDING SITES / PLOTS:         

TABLE II

*    Provided in case of single plot sub-division approved by the sanctioning authority, a means of access of minimum 3.6 m pathway may be considered for individual residential building and 6m for Apartment Complexes / Commercial Complexes and other non-high rise buildings.

(i)                  In case of (A) above, where the existing road is less than 6 m, building in the site would be allowed after setting back the building 4.5 m from the center line of such existing road.

(ii)                In case of existing buildings approved prior to these Rules, further additions of floors on the earlier permitted building  may be considered either as per these rules or the then rules in force in respect of setbacks, whichever is the applicant opts for. This will not apply for building extensions or redevelopment ventures in such sites.

(iii)      Building line is from the edge of the Road Right-of-way (whether existing or proposed)

7.0            PERMISSIBLE HEIGHT & SETBACK REQUIREMENTS:

There are no plot size stipulations based on use or occupancy of the building. The setbacks and height stipulations given hereunder are applicable for all types of buildings.

7.1            MINIMUM SETBACKS & HEIGHT STIPULATIONS FOR ALL TYPES OF NON-HIGH RISE BUILDINGS

            (BUILDINGS BELOW 18 m height inclusive of stilt / parking floor): 

(i)                  The height of buildings permissible in a given site/plot shall be subject to restrictions given in Annexures I to III.

(ii)                There are no specific Floor Area Ratio and plot coverage stipulations. The permissible coverage would be as per the minimum setbacks to be left within the given site. The minimum setbacks and permissible height would be as per Table III below.

TABLE III