TELANGANA STATE-BUILDING PERMISSION & APPROVAL.
The municipality may undertake systematic development to encourage self-contained townships based on the ‘walk to work’ concept.
Section 173 refers to ‘integrated townships’. The municipality may undertake systematic development to encourage self-contained townships based on the ‘walk to work’ concept. This would minimize the distance between the workplace and residence, bring down pressure on roads and make available more productive time with people. The integrated townships act as a hub containing residential, office space, commercial, entertainment, and services with planned infrastructure in place. The Government also promotes comprehensive integrated townships prescribing minimum threshold area and provides appropriate incentives aimed at encouraging builders and developers to develop such integrated townships.
Section 174 refers to the approval of building permissions. The approval of building permissions is subject to the provisions made by the Government in the matter. The government may exempt certain buildings from taking building permissions under this section.
The first requirement is land use certification.
No piece of land is used as a site for the construction of a building, and no building be constructed or reconstructed without the self-certification based declaration relating to the land use of the building site or construction or reconstruction of the building. Further, building permissions would be considered upon submission of required documents and as to whether the plans are by the master plan or detailed planning scheme or local area plan and the building rules.
For the approval of building permissions, the plot size is a basic criterion. The plot sizes are categorized into three (3).
-Buildings on plot size up to 75 square yards (63 square meters) and construction of Ground or Ground plus one (G+1) floor
-These buildings do not require any permission. However, the applicant has to register online with a token amount of one rupee and duly self-certifying the plot size and floors. The building does not require a completion certification or occupation certification. Nobody should misuse the provision by splitting the plot or by taking up construction in government, disputed, or prohibited land. Action would be taken if anybody violates the provision.
Building in a plot size up to 500 square meters and building height of 10 meters
-The application would be processed through an online-based self-certification system by the master plan or detailed planning scheme or local area plan and the building rules and also upon furnishing the required information when instant online approval is released.
-The onus of authenticity of self-certification lies with the applicant and he is held personally accountable and liable in case of false declaration. The District level committee would verify the documents submitted by the applicant and if any misrepresentation or false statement is noticed, action would be taken against the applicant.
Further, the owner or developer along with the building application has also to furnish an undertaking that in case of any construction made by him in violation of sanctioned plan, the Government or the Commissioner or the agency authorized by him would take action to demolish the construction without the issue of any notice.
Buildings in a plot above 500 square meters and height above 10 meters.
–In respect of such buildings, and also of commercial buildings, high rise buildings, group development schemes, group housing schemes, apartment complexes, multiplexes, non-residential buildings, and such other constructions, which require multiple NOCs, one common application form would be developed.
-Such applications have to be submitted through the web-based online system and they will be processed under a single-window system by a single-window committee set up for the purpose. The online application has to be submitted with all requisite documents. The shortfalls or incompleteness or instances where further information or clarification is needed would be communicated to the applicant within 10 days from the date of application. The building application accompanied by all valid and required documents will be considered and sanctioned within 21 days
The applicant is required to hand over 10% of the built-up area on any of the floors to the municipality by way of mortgage, before releasing permission to ensure that the building would be built according to the sanctioned plan. The individual residential building in plots up to 200 square meters and building heights up to 7 meters are exempt from this provision. The area so mortgaged will be released on submission of the completion certificate and occupancy certificate.
While examining the prima facie title, the Commissioner may consult District Collector or revenue authorities to ascertain whether any Government interest is involved.
If no order is issued on the building application within the time prescribed, the approval will be deemed to have been issued. If there has been a delay in arriving at a decision within the timeframe, the official concerned will be liable for disciplinary action.
If it is found that the deemed approval has been obtained by misrepresentation of facts or false statements, and/or against the building rules and master plan provisions, the permit issued under the deemed clause would be revoked by the Commissioner.
The building permit fee and other charges would be prescribed by Government from time to time and they have to be paid by the applicant along with the application on online mode.
The applicant has to commence the work within 6 months and complete the construction within 3 years from the date of issue of building permission in case of non-high rise buildings and within 5 years in case of high-rise buildings. He shall also upload the pictures of the commencement of construction in the online tool within 6 months. If the construction of the building is not complete within the specified period, the permission stands lapsed and a fresh application has to be made, duly paying the required fees and charges.
The residents may be encouraged to bring instances of unauthorized constructions or constructions in violation of or over permissions to the notice of the municipality or the District Collector. The identity of such informers will be kept confidential. All such instances have to be examined within a week from such information and appropriate action will be initiated. The informer will be incentivized if the information furnished by him is found correct.
Section 175 refers to ‘occupancy certified cate’. In case of non-high rise buildings constructed in plots above 200 square meters and below 500 square meters, the owner or builder in a prescribed form duly attested by the licensed technical personnel has to furnish a self-certification stating that the building has been constructed as per the sanctioned plan and as per rules and regulations in force. Basing on this, an occupancy certificate will be issued online. The onus to ensure the authenticity of self-declaration and compliance with the self-certification lies on the owner, the builder, and the licensed technical personnel, and they are held responsible and accountable in case of false declaration and are liable for punishment.
In the case of high rise buildings and buildings constructed in plots of 500 square meters and above, the owner or builder would furnish online a self-certified cation in a prescribed form duly attested by the licensed technical personnel that the building has been constructed as per the sanctioned plan and as per rules and regulations in force; and based on the self-certification, occupancy certificate would be issued within 15 days from the date of application. Along with the occupancy certificate, the mortgage furnished by him would also be released.
In addition to the specific conditions referred to above, some general conditions for building permissions are also detailed in Section 176. These conditions are subject to the provisions made by Government.
-If the proposal for building permission is affected by any reservation of land for the public purpose like road, park, Nala widening, recreation, etc. as per sanctioned master plan or detailed town planning scheme or local area plan, the said portion of the land has to be surrendered to municipality free of cost and the applicant will be compensated by an equivalent built-up area in the remaining portion of the land by way of transferable development rights.
-Buildings of all sizes have to make arrangements for on-site treatmentØsystems like a septic tank with soak away, twin leach pit, decentralized the treatment system, fecal sludge, and septage; or connected to a sewerage system, wastewater treatment, and recycling system.
-Energy Conservation Building Code or Green Building Code or any otherØenergy and water conservation measures as deemed appropriate by the Government, will be made applicable to buildings on plots and/or built-up area to a certain extent.
– Certain number of trees as prescribed has to be planted in the open areaØ of the plot where the building is being constructed.
– Requisite parking places and public conveniences have to be providedØdepending upon the use of building, like commercial complexes, cinema halls, and such as other public places free of charge to the users.
-The parking places except individual independent and residential buildings have to be provided with an electric vehicle charging facility.
-The external roof, veranda, and wall of a building should not have grass, leaves, mats, or other inflammable material.
– It was also mentioned that the Commissioner may revoke the building permission, whenever it is found that it was obtained by making false statements or misrepresentation material facts, or violating rules. In addition to the revocation, the penalty is also proposed in such cases and it is detailed in Section 177. The owner, applicant, and the licensed technical personnel connected with the building would be liable for punishment which includes imprisonment up to three years, levy of penalty, demolition, or taking over or sealing of the property without any notice besides canceling the licenses of technical personnel and forfeiture of the mortgaged plots in case of layouts or built-up areas in case of flats/buildings.