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INDIAN BARE ACTS

The Andhra Pradesh Regulation and Penalization of Unauthorizedly constructed buildings and buildings constructed in deviation of the Sanctioned Plan Rules 2007

GOVERNMENT OF ANDHRA PRADESH
The Andhra Pradesh State Legislative Assembly ...

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ABSTRACT 
M.A. & U.D. (M1) Department - The Andhra Pradesh Regulation and 
Penalization of Unauthorizedly constructed buildings and buildings 
constructed in deviation of the Sanctioned Plan Rules 2007- Notification - 
orders – Issued. 
MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT (M1) DEPARTMENT 
G.O.Ms.No.901 Dated:31.12.2007 
 Read the 
following: 
Ordinance No. 15 of 2007 
* * * 
ORDER: 
 In the Ordinance read above, the Government have amended the 
H.M.C. Act 1955, A.P. Municipalities Act, 1965, A.P. Municipal Corporation 
Act, and A.P. Urban areas (Development) Act 1975, duly authorizing the 
Municipal Commissioners / Vice chairmen of all Urban Development 
Authority areas (in case of gram panchayats falling under Urban 
Development Authorities) to penalize the unauthorized 
constructions/deviations as a one time measure. Consequently Government 
hereby issue the Andhra Pradesh Regulation and Penalization of 
Unauthorizedly constructed buildings and buildings constructed in deviation 
of the Sanctioned Plan Rules 2007. 

2. Accordingly the following Notification shall be published in the 
Extraordinary Gazette of Andhra Pradesh Dated: 31.12.2007 

NOTIFICATION
In exercise of the powers conferred by Section 455AA of the 
Hyderabad Municipal Corporations Act, 1955, Section 218(A) of the AP 
Municipalities Act, 1965, Section 46 (A) of the AP Urban Areas (Development) 
Act, 1975, the Government hereby makes the following Rules, viz., 
1. Short Title, Application and Commencement: 
(1) These Rules may be called “The Andhra Pradesh Regulation and 
Penalization of Unauthorizedly constructed buildings and building 
constructed in deviation of the Sanctioned Plan Rules, 2007” 
 (2) They shall be applicable to existing buildings in the jurisdiction of 
all Municipal Corporations, Urban development Authorities and 2
Municipalities in the State of Andhra Pradesh constructed after 1-1-
1985 and before 
15-12-2007. 
(3) They shall come into force from the date of publication of the 
Notification in the Andhra Pradesh Gazette. 
2. Definitions: 
(1) “Authorized technical personnel” means professionals authorized 
by the Competent Authority to take up scrutiny of the 
Application made for regulation and Penalization under these 
Rules. 
(2) “Competent Authority” means the Municipal Commissioner in case 
of areas falling in the Municipal Corporation and Municipal 
limits; the Vice Chairman of the Urban Development Authority in 
case of area falling outside Municipal Corporation or 
Municipality in the 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 violation of the sanctioned building plan or 
without obtaining a building permission from the sanctioning 
authority. 
3. Compulsory Application for Penalization: 
An Application for regulation and penalization 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 full penal amount 
as given in Rule 5. 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 regulation and penalization under these 
Rules. 
4. Prior clearance from other Authorities/Departments in certain cases: 3
(1) In the following cases, prior clearance shall be ensured by the Competent 
Authority before considering the application under these Rules: 
(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 from Fire Service Department. 
(b) From Airport Authority of India wherever applicable. 
(c) In case of buildings of height above 15 mt, necessary certificate from 
licensed structural engineer with regard to structural safety 
compliance of such buildings needs to be submitted. 
(2) Applicants shall submit such 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 (1) (a) and Rule 4(1) (b). 
5. Payment of Penal Charges: 
(1) The owner/applicant shall pay the Penal Charge as given in Annexure-I 
and II along with the Application for Penalization and other details. The 
Penal Charges are levied for the total violated built up area on all floors. 
The Penal Charges include Building permit fee, Development Charges, 
Betterment charges, Impact Fees, etc. No other fees and charges shall be 
levied and collected. 
(2) The above fees and charges shall be remitted by way of Demand Draft 
drawn in favour of the Competent Authority. 
(3) The Penal amount paid are not refundable. However, in cases of rejection, 
the Competent Authority may refund the amount after retaining 10% of 
the Penal amount 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 Penalization 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 4
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 penal amount and 
necessary action shall be taken against the unauthorized building including 
demolition as per the law. 
8. Exemption: 
Huts, semi-permanent houses (other than RCC structure) of single 
storey in sites up to 100 sq yards are not covered under these Rules. 
9. Penalization not to apply to certain sites: 
Penalization 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, Andhra Pradesh Housing Board, Andhra Pradesh 
Industrial Infrastructure Corporation, Urban Development Authority, 
Local body, 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 Andhra Pradesh assigned Lands ( PO 
T) 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/BRTS; 
(e) Tank bed and Sikham lands; 
(f) Areas prohibited for construction under GOMs No. 111
MA&U.D.Dept., dated 8-3-1996 (protection of Catchment area of 
Osmansagar and Himayatsagar lakes); 
(g) Prohibited areas under the Coastal Regulation Zone and such other 
environmentally restricted zones as may be prescribed; 5
(h) Layout/Master Plan open spaces/Areas earmarked for Recreation Use 
in Master Plan/Zonal development Plan; 
(i) Buildings that are not in conformity with land use approved in Master 
Plan/Zonal development Plan; 
(j) Sites under legal litigation/ disputes regarding ownership of the site / 
building; 
(k) Area earmarked for parking as per sanctioned plan; 
(l) Unauthorized constructions without any building sanction in 
unapproved /unauthorized layouts, for which prior approval of 
site/plot under regulation of unapproved/unauthorized layouts rules 
shall be obtained; 
However in case of Rule 9 (l), applications for penalization will be 
accepted if the applicant encloses the Acknowledgment of the 
Application made for regulation of the unauthorized site/plot under 
the relevant rules to the competent authority. 
(m) Regulation and penalization shall not be done for the constructions 
made within the building line of major roads of width 80 feet and 
above within the limits of Greater Hyderabad Municipal Corporation, 
Greater Visakhapatnam Municipal Corporation, Vijayawada Municipal 
Corporation and roads of width 60 feet and above in rest of the urban 
areas as per Master Plan / Zonal Development Plan. 
10. Issue of Occupancy certificate: 
In case of approval, the local authority shall issue a Proceeding 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:
(1) 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 of these rules. 
(2) All the appeals shall be disposed off within 3 months. 
12. Failure to come forward for penalisation of unauthorized 6
constructions: 
Where an application for regulating and penalizing the unauthorizedly 
constructed building has not been made as per rule 3: 
(1) Such unauthorized constructions would be treated as continuing 
offence and Penalty as per law would be levied. 
(2) Other enforcement action including demolition shall be initiated 
by the local authority as per law. 
(3) No further building approvals shall be considered by the 
building sanctioning authority in the said site. 
13. Amount levied kept in separate account: 
(1) 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. 
(2) In respect of Gram Panchayat areas falling in the Urban Development 
Authority areas, the penal amount so collected will be shared in equal 
proportion between Urban Development Authority and Gram Panchayat 
concerned. In respect of Corporation and Municipalities falling in Urban 
Development Authority areas, the penal amount will be shared between the 
concerned Corporation/Municipality and 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 ANDHRA
PRADESH) 
S.P. SINGH 
PRINCIPAL SECRETARY TO GOVERNMENT 
To 
The Commissioner and Director, Printing , Stationery and Stores Purchase 
A.P. Hyderabad ( in duplicate, with a request to publish the Notification in 7
the Extraordinary Gazette of A.P. Dt. 31.12.2007, and furnish 1000 copies to 
Government) 
The Director of Town and Country, Planning, A.P. Hyderabad. 
The Commissioner and Director of Municipal Administration, A.P. 
Hyderabd. 
The Commissioners of all Municipal Corporations/ Municipalities in the 
State, through CDMA. 
The Vice chairman of all Urban Development Authorities in the State 
All Departments of Secretariat 
All Heads of Department. 
The Director General Fire Services. 
The Chairperson, AP Transco. 
The Managing Director, H.M.W.S&S.B, Hyderabad. 
The Engineer in Chief (Public Health) Hyderabad. 
The Commissioner & Inspector General of Registration & Stamps. 
The Managing Director, AP Housing Board. 
The District Collectors of all Districts. 
Copy to : 
The Special Secretary to Chief Minister. 
The P.S. to Minister (M.A). 
The P.S. to Principal Secretary to Government (MA&UD Dept) 
The P.S.to Secretary to Government (M.A&U.D.Dept) 
S.F/S.C. 
// FORWARDED :: BY ORDER// 
SECTION OFFICER 8
A N N E X U R E - I 
RATES OF PENALISATION (See Rule 9) 9
Rate in Rupees per sq feet of violated built up area 
Cases where building permission 
was obtained but deviated from the 
sanctioned plan, and where 
violation of permitted built up area 
including setbacks, Balcony 
projections and balcony areas 
converted into other built up area 
/uses is up to 30% 
3(i) 
1. Cases where building 
permission was obtained but 
where violation of permitted 
built up area including 
setbacks, Balcony projections, 
balcony areas converted into 
other built up area /uses is 
more than 30% 
2. Cases where no permission was 
obtained (in this category entire 
built up area will be treated as 
violated area) 

3 (ii) 
Sl 
No
(1) 
Category/ 
Subcategory 
(2) 
GHMC/ 
GVMC 
& VMC 
Other 
Municip
al 
Corporat
ions 
Municipaliti
es & rest of 
UDA area 
GHMC/ 
GVMC 
& VMC 
Other 
Municipal 
Corporatio
ns 
Municipalitie
s & rest of 
UDA area 
 3(i) (a) 3(i)(b) 3(i)(c) 
3 (ii)(a) 3 (ii)(b) 
 3 
(ii)(c) 
1 Commercial buildings/Usage 
a Upto G+1 
Floor height 
200 150 100 300 200 150 
b Above G+1 
& below 15 
m height 
400 300 200 500 400 300 
c 15 m and 
above in 
height 
500 400 300 600 500 400 
2A Individual Residential buildings 
a up to G+2 
floors or 10 
m height 
60 40 30 100 60 50 
b Above G+2 
floors or 10 
m height 
100 60 50 200 150 100 10
2 B Multiple dwellings/Flats/Apartment Complexes (See Annexure II Below) 
3 Other Non-Residential Buildings (Institutional/Educational/Industrial, etc.) 
 i) Height up 
to 15 m 
height 
60 40 30 100 60 50 
 ii) Height 
above 15 m 
height 
100 60 50 200 150 100 11
ANNEXURE II 
RATES OF PENALISATION FOR MULTIPLE DWELLING UNITS/ 
FLATS/ APARTMENT COMPLEXES WHICH ARE IN VIOLATION/ 
INDIVIDUAL BUILDINGS CONVERTED INTO APARTMENTS 
S.P. SINGH 
Cases where building permission 
was obtained but deviated from 
sanctioned plan including 
Balcony projections/areas 
converted into other built up 
area/Individual buildings 
converted into Apartments 
(3) 
Cases where no building permission was 
obtained from the sanctioning Authority/ 
Additional floors constructed over the 
permitted floors 
(4) 
Penalisation Charge in Rupees Rate in Rupees per sq feet of violated built 
up area on each floor
SlNo 
Multiple 
dwelling 
units/Flats
/Apartmen
t 
Complexe
s 
GHMC/
GVMC 
& VMC
Other 
Municipa
l 
Corporati
ons 
Municipalit
ies & rest of 
UDA area 
GHMC/ 
GVMC & 
VMC 
Other 
Municipal 
Corporations
Municipaliti
es & rest of 
UDA area 
(1) (2) 3(a) 3(b) 3(c) 4(a) 4(b) 4(c) 
Plinth 
area upto 
1000 sft 
20,000 
per flat 
/dwelli
ng unit 
15,000 per 
flat 
/dwelling 
unit 
10,000 per 
flat 
/dwelling 
unit 
(i) 
Height 
below 18 
mtr.
Plinth area 
of more 
than 1000 
sft 
30,000 
per flat 
/dwelli
ng unit 
20,000 per 
flat 
/dwelling 
unit 
15,000 per 
flat 
/dwelling 
unit 
Rs 100 per 
sq ft of 
plinth area 
Rs 75 per sq ft 
of plinth area 
Rs 50 per sq ft 
of plinth area 
(ii) 
Height 18 meters and 
above
80,000 
per flat 
/dwelli
ng unit 
50,000 per 
flat 
/dwelling 
unit 
30,000 per 
flat 
/dwelling 
unit 
Rs 200 per 
sq ft of 
plinth area 
Rs 150 per sq 
ft of plinth 
area 
Rs 100 per sq 
ft of plinth 
area 12
PRINCIPAL SECRETARY TO GOVERNMENT 
SECTION OFFICER
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