GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Municipal Administration and Urban Development Department - The Andhra

Pradesh Building Rules, 2017-Amendments – Final Notification –Orders –
Issued.
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MUNICIPAL ADMINISTRAT
TION AND URBAN DEVELOPMENT (M) DEP
PARTMENT

G.O.Ms.No. 223 Dated: 09.07.2018

e following:-
Read the

1. G.O.Ms.No.119, MA & UD (H) Department, Dated: 28.03..2017.

2. G.O.Ms.No.401, MA & UD (M) Department, Dated: 15.11.2017.
3. From the Directoor of Town and Country Planning, A.P., Guuntur,
Lr.Rc.No.3290/2 2016/P, Dated:14.05.2018.
4. Notification No.2
294, Dated:25.06.2018 published in Part--I of
Andhra Pradesh Gazette.
***
ORDER:

Government in th he G.O 1st read above, have issued the Andhra

Pradesh Building Rules, 2017 duly revising Andhra Pradesh Building Rules,
2012 along with certain n amendments to the Transferrable Development
D
Rights (TDR) Policy preva
ailing in the State based on the Model Building Bye-
Laws 2016 of Governmen nt of India.

2. Whereas, in the G.O.2nd read above, certain amendments were issued

to the Andhra Pradesh Buuilding Rules, 2017 issued in G.O.1st read above;

3. And whereas, in tthe letter 3rd read above, the Director of

o Town and
Country Planning, A.P., Guntur
G has proposed certain amendmentss to the said
rules after examining the representations received from the Real
ons in Andhra Pradesh;
Estate/Builders Associatio

4. For this purpose, the Draft amendments to “The Andh hra Pradesh
Building Rules, 2017” have been previously published in Extra-ord
dinary issue
of Andhra Pradesh Gaze ette No.294, dated 25.06.2018 as required under
section 44-A of the Andhrra Pradesh (Andhra Area) Town Planning Act, 1920.

5. deration of the matter, Government have

After careful consid e decided to
issue amendments to “Th he Andhra Pradesh Building Rules, 2017” issued vide
G.O 1st read above.

6. A copy of this Ordeer is available on the Internet and can be accessed at

the address http://goir.ap.gov.in/

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7. Accordingly, the appended notification will be published in an Extra-
ordinary issue of the Andhra Pradesh Gazette dated: 09.07.2018.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

R. KARIKAL VALAVEN
PRINCIPAL SECRETARY TO GOVERNMENT

To
The Commissioner, Printing, Stationery & Stores Purchase Department,
Vijayawada for Publication of the Notification in the Gazette and furnish
1000 copies.
The Director of Municipal Administration, A.P., Guntur.
The Director of Town and Country Planning, A.P., Guntur.
The Director General, Andhra Pradesh State Disaster Response & Fire
Services Department, A.P.
All Municipal Commissioners in the State through the Director of Municipal
Administration, A.P.
The Commissioner, Andhra Pradesh Capital Region Development Authority,
Vijayawada.
All Vice Chairmen of Urban Development Authorities in the State.
The Chairman & Managing Director, APTRANSCO, Vijayawada.
The Commissioner & Inspector General of Registration & Stamps,
Govt. of A.P., Vijayawada.
Copy to:
The Law (I) Department.
The Revenue (R&S) Department.
The Energy Department.
The I&C Department.
SF/SC.
//FORWARDED:: BY ORDER//

SECTION OFFICER

FINAL NOTIFICATION

In exercise of the powers conferred by section 585 read with section

592 of the Andhra Pradesh Municipal Corporation Act, 1955 (adapted GHMC
Act, 1955); section 18 of the Andhra Pradesh Municipal Corporations Act,
1994; section 326 of the Andhra Pradesh Municipalities Act, 1965, section 44
(1) of the Andhra Pradesh (Andhra Area) Town Planning Act,1920, sub-
section (2) of section 18 of the Andhra Pradesh Capital Region Development
Authority Act, 2014 and section 117 of the Andhra Pradesh Metropolitan
Region and Urban Development Authorities Act, 2016, the Government of
Andhra Pradesh, hereby make the following amendments to the Andhra
Pradesh Building Rules, 2017 issued in G.O.Ms. 119, MA&UD (H) Department,
dated: 28.03.2017. The same having been previously published in Part-I of
Extra-ordinary issue of Andhra Pradesh Gazette No.294, dated 25.06.2018 as
required under section 44-A of the Andhra Pradesh (Andhra area) Town
Planning Act,1920 and no objections and suggestions have been received in
the matter in the stipulated period.

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 AMENDMENTS
In the said Rules:-
I. in rule 3,-
(1) in sub-rule (20), after clause (e), the following clause shall be
added, namely,-
“(f) All industrial buildings shall be exempted from Mortgaging 10% of
built-up area and this is applicable to industrial buildings only and shall
not be considered, if applicant converts usage of building other than
industrial use at later stages.”

(2) in sub-rule (21), after clause (f), the following clause shall be
added, namely,-
“(g) Any applicant aggrieved by the orders passed by the
sanctioning/competent authority may prefer an appeal within 30 days
to the appellate committee constituted with following officials:
(a) The Principal Secretary, MA&UD Department, Govt. of AP,
Velagapudi- Chairman
(b) The Officer on Special Duty, MA&UD Department, Govt. of AP,
Velagapudi- Member
(c) The Director of Town and Country Planning, Govt. of AP , Guntur –
Member Convener
The above appellate committee shall take views of the respective
Urban Local Bodies/Urban Development Authorities while disposing
the appeals.”

(3) in sub-rule (22) in clause (b), sub-clause (i) shall be omitted and
sub- clause (ii) shall be read as “(i)”

II. in rule 6, in sub-rule (30), in clause (c), for the expression “750
sqm” the expression “1000 sqm” shall be substituted.

III. in rule 53,-

(1) for sub-rule (2), the following shall be substituted, namely,-
“(2)*In case of Sites in Category-A, if a Site is abutting to a road which
is less than 9m in width, a building may be permitted with a maximum
height of 10m in such sites by insisting widening of road to 9m or
lesser width as per the circulation network approved by the Competent
authority. The site affected in such cases shall be handed over to the
Local Body/UDA/APCRDA through registered gift deed for which
relaxations can be considered in situ as prescribed in these Rules. TDR
generated in such sites will not be allowed to utilize for construction of
additional built-up area in congested areas. Buildings upto 18m height
may be permitted in the sites of Category–A if the site is having access
through the existing 12m wide road.”

(2) the existing sub-rule (3), shall be read as (3) (a) and after so
renumbered the following new clause shall be added, namely,-
“(b) All Industries shall be permitted in the sites abutting to existing
road width of 9m, subject to handing over of the applicant’s site
required for widening the existing road to 12m.”

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IV. in rule 54,-
(1) in sub-rule (3), for clause (b), the following shall be
substituted, namely,-
“(b) In case of Electricity Tower lines, the land all along below the
tower line shall be developed as green belt to an extent of the width of
tower base and on either side of green belt there shall be a minimum
of 10m wide roads or as defined in the Master Plan. Wherever the road
is not feasible on either side of Tower lines, green belt can be provided
and this will be in addition to 10% open space to be provided as per
the rules and such cases, TDRs as applicable to road widening cases
shall be given.”

(2) in sub-rule (11), in clause (b), for sub-clause (i), the following
shall be substituted, namely,-
“(i) 50m within the limits of the Local Authorities. The boundary of the
river shall be as fixed and certified by the Irrigation Department and
Revenue Department.”

V. in rule 57,-
(1) the existing sub-rule (2) shall be read as sub-rule 2(a) and
after TABLE- 17, the following shall be added, namely,-
“(b) In sites up to 200 Sqm, attached buildings are also permissible
with front set back as specified in Table-17. In such cases no openings
are allowed towards neighbour sites. The applicant is responsible for
ensuring all necessary precautions to safeguard neighbour structure.
This type of buildings shall be permitted only with the consent of
adjacent plot owners.
These buildings shall be permitted subject to following conditions,-
(1) The abutting road width shall be maintained as per Master plan
/ Circulation pattern approved by competent authority.
(2) Parking requirements shall comply as per rules.
(3) Ventilation requirement shall be satisfied.
(4) Structural Engineer shall certify that all necessary measures are
taken in the designs to protect the safety of adjacent buildings.”
(2) in sub-rule (7),
(i) clauses (k) and (l) shall be omitted
(ii) clause (m) shall be read as clause (k).

VI. in rule 61,-

(1) for sub-rule (7), the following shall be substituted, namely,-
“(7) Minimum of 10% of net site area shall be earmarked as organized
open space and be utilized as greenery and shall be provided over and
above the mandatory setbacks at suitable location accessible to entire
community to the satisfaction of the competent authority. Such open
space shall be open to sky.”

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 (2) for sub-rule(12), the following shall be substituted, namely,-
“(12) A thorough public access road of 12m width with 2-lane black-
topped is to be developed within the applicant’s site on any one side at
the periphery / as per suitability and feasibility for the convenience of
accessibility to improve the circulation pattern in the locality to
satisfaction of the competent authority. This condition would not apply
if the site is surrounded by proper road circulation network as per the
planning standards to the satisfaction of competent authority.”

(3) for sub-rule (14), the following shall be substituted, namely,-

“(14) All roads and open spaces mentioned in this Rule shall be handed
over to local body at free of cost through a registered gift deed in the
format prescribed by the Government before issue of occupancy
certificate. The society / association of Residents are responsible for
utilizing, managing and maintaining the roads and open spaces. In
case of any violation or encroachment, the local authority shall
summarily demolish the encroachments.”

VII. in rule 66, for sub-rule (7), the following shall be substituted,
namely,-
“(7) A minimum of 2m wide green planting strip in the periphery on all
sides within the setbacks where the setback is 9m and above has to be
developed and maintained.”

VIII. in rule 156, for sub-rule (1), the following shall be substituted,
namely,-
“(1)In case of new buildings proposed for construction with plot area
more than 4000 sqm and all public buildings, the Solar Roof Top
Systems shall be installed.”

IX. in rule 167,-

(1) for sub-rule (1), the following shall be substituted, namely,-
“(1) Where any part of the land or site or premises applied for building
permission is affected in the Statutory Plan/Master Plan Road
/Circulation network / a road required to be widened as per Road
Development Plan / any other public purpose required by Competent
Authority/Sanctioning Authority, such area so required shall be
surrendered free of cost to the Sanctioning Authority by the owner of
land through registered gift deed. No development permission shall be
given in the remaining site unless this condition is complied with.”
(2) in sub-rule (2),
(a) for clause (ii), the following shall be substituted,
namely,-
“(ii) The owner shall be allowed to construct two extra floors with an
equivalent built up area for the area surrendered subject to mandated
public safety requirements.”

(b) for clause (iv), the following shall be substituted,

namely,-

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 “(iv) Adjustment of Transferrable Development Rights (TDR) Value
towards building permit fee and charges, compounding fee towards
regularization of 10% setback violations (other than the front set
back), any penal amount, open space charges, city level infrastructure
impact fee and shelter fees within the respective Limits of Urban Local
Body/Urban Development Authority only.”

(c) clause (v) including “or” shall be omitted and clause (vi) shall
be read as clause (v).
X. in rule 168,-
(1) in sub-rule (2),
(i) for clause (a) and (b), the following shall be substituted,
namely,-
“(a) For the Master Plan Road / Road Development Plan undertaken
and developed / Circulation network/ any development for public
purpose in Master Plan/peripheral road in group development schemes
equivalent to 400% of such area surrendered.”
“(b) For conservation and development of lakes / water bodies / nalas
foreshores & Recreational buffer development with greenery/ Roads on
either side of Electrical Tower lines and clearance distance left for
oil/gas pipelines: equivalent to 200% of such area surrendered.”

(ii) clause (d) shall be omitted.

(2) for sub-rule (3), the following shall be substituted, namely,-
“(3) The TDR may be arrived at on the basis of relative land value and
equivalent amount in both export and Import areas, as per the
Registration Department records at the time of utilization. The
Competent Authority shall have the discretion in the matter of
applicability of TDR. The TDR shall not be allowed in unauthorized
buildings / structures / constructions and shall be considered only after
the land is vested with the Local Authority / Development Authority.
The TDR certificate issued can be permitted to utilize/ dispose for
construction of additional built-up area in any ULB/UDA/CRDA (except
capital city) as per guidelines and conditions prescribed by Competent
Authority.”
XI. in rule 169,-
(1) for sub-rule (1), the following shall be substituted, namely,-
“(1) As and when the owner of the building intends to construct the
building in the remaining area of the site, he is entitled to construct the
building as per the provisions of these Building Rules.”
(2) for Sub-rule (5), the following shall be substituted, namely,-
“(5) TDR can be allowed to be utilized for construction of two additional
floors over the normal permissible floors without insisting additional
setbacks and higher road width subject to compliance of other norms.”
(3) sub-rule (6) shall be omitted and sub-rule (7) shall be read as
sub-rule (6).

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XII. for rule 171, the following shall be substituted, namely,-
“171. In all Residential Group Housing and Group Development
Scheme Projects, whose land extent is more than 5 acres (2.023
Hectares), the Developer/Builder shall provide 10% of the total built up
area towards the EWS/LIG units (5% for EWS units and 5% for LIG
units) or 25% of the total number of units of the housing projects
towards EWS/LIG units (12.5% for EWS units and 12.5% of LIG units).
The option is given to the builder/developer to provide either 10% of
the total built up area or 25% of total number of units. Maximum plinth
area of each EWS Unit is 25 sqm and Maximum plinth area of each LIG
Unit is 50 sqm.”
XIII. in rule 178,-
(i) for first paragraph, the following shall be substituted,
namely,-
“In case of all Residential Group Housing/Group Development
Schemes whose land extent is more than 4000 sqm and up to 5.00
Acres shelter fee shall be collected as follows:-“

(ii) for sub-rule (1) and Table -40, the following shall be
substituted, namely,-
“(1) The following shelter fee to be levied
TABLE – 40
SHELTER FEE

S. Area Rate per Sqm

No. (2) (3)
(1) (Rs)
(A) (B) (C)
1. GVMC; VMC; GMC 750
2. Other Municipal Corporations 600
3. Selection Grade & Special Grade 500
Municipalities
4. (a) Other Municipalities 400
(b) Gram Panchayats falling in Development
Authorities
(c) Gram Panchayats falling in areas notified
under APTP Act, 1920

XIV. for rule 179, the following shall be substituted, namely,-

“179. The projects below 4000 Sqm are exempted from reservation of
built-up area /number of units for Economically Weaker section/Low
income Groups as well as payment of shelter fees.”

R. KARIKAL VALAVEN
PRINCIPAL SECRETARY TO GOVERNMENT

SECTION OFFICER