GOVERNMENT OF ANDHRA PRADESH
A B S T R A C T
Municipal Administration and Urban
Development Department – Revised Common Building Rules, 2006 – Orders – Issued
MUNICIPAL
ADMINISTRATION AND URBAN DEVELOPMENT (M) DEPARTMENT
G.O.Ms.No. 8 6, Dated the 3rd 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.
-- o0o --
O R D E R:
In
the reference 1st 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.
|
Abutting road Right-of-way (in Mts.) |
Minimum plot size allowed (in sq. m) |
Max. Plot size allowed (in sq m) |
|
9 and below 12.2 |
100 |
2000 |
|
12.2 and below 18 |
200 |
No Restriction |
|
18 and below 30 |
500 |
No Restriction |
|
30 and above |
1000 |
No Restriction |
·
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
|
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
Category I of Annexure I) |
|
|
6 * |
|
In
Category II Areas of Annexure I ·
Residential Buildings – maximum permissible
up to 15 m height ·
Non-residential buildings and mixed
occupancies – maximum permissible below 18 m height |
9* |
|
Type/ Use of Building plot permissible |
Minimum abutting road width required (in meters) |
|
|
B) SITES IN NEW AREAS/
APPROVED LAYOUT AREAS The type of buildings &
intensity of development shall be w.r.t. the abutting road width, viz., |
|
|
|
B 1 |
Non-High Rise Residential Buildings including Apartment
Complexes; Buildings with shopping on GF and residences on upper floor; Basic
level social amenities like Nursery School / Religious Place / Public Health
Center / Dispensary / Diagnostic Laboratory/ Police outpost/Post Office/
Neighbourhood Library cum Community Center and all buildings up to 15 m height |
9 * |
|
B 2 |
In addition to B 1 above,
High Rise Building/ Complex of height
above 18 m and up to 24 m; Group Housing Scheme; Primary School, Middle
school / Tutorial institution / General Industry / Godown / Petrol/diesel
Filling station; High School, Junior College / Commercial Complex, Computer
units/ Office Building, ITES Complex, Nursing Home / Community Hall /
Function/Marriage Hall / Assembly Hall/Cinema Theater; Service establishment/
Workshop; Others not specified in the
Table and all non high-rise buildings up to 18 m height |
12.2 |
|
B 3 |
In addition to B 1 & B
2 above, High Rise buildings above 24 m and up to 30 m height; General Degree
and other non-professional College / Polytechnic, ITI; Professional College
Campus; Multiplex Complexes, Shopping Malls, Hospitals and all non high-rise
buildings up to 18 m height |
18 |
|
B 4 |
In addition to B 1 to B 3
above, High Rise Buildings above 30 m height |
24
and above |
* 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