- G.O.Ms. No. 326, dated 27-6-1974
- G.O.Ms. No. 1247, dated 12-12-1978
- G.O.Ms. No. 160, dated 1-4-1982
In exercise of the powers conferred by sub-section (l) and clause (xvi) of sub-section (2) of Section 217 of the Andhra Pradesh Gram Panchayats Act, 1964 (Andhra Pradesh Act 2 of 1964) and in supersession of the rules issued in G.O.Ms No, 648, Panchayat Raj, dated 31st May, 1965 Published at pages 1-20 of the Rules Supplement to Pact Vil of the Andhra Pradesh Gazette dated 1st July, 1965, the Governor of Andhra Pradesh hereby makes the following rules relating to the regulation and restriction Of building and the use of sites for building, the draft of the same having been previously published at pages 3-29 of the Rules Supplement to Part V Il of the Andhra Pradesh Gazette, dated the 3rd December* 1970 as required by sub-section (3) of 217 of said Act
- "Act" means the Andhra Pradesh Gram Panchayats Act, 1964.
- "Appendix" means an Appendix Appended to these rules;
- "building line" means a line, which is in the rear of the street alignment and to which the main wall of a building abutting on a street may lawfully extend;
- "conservancy line" means a line intended to be used mainly for scavenging purposes and not for providing primary access to any road, street or dwelling house, hut or building
- "Dwelling house" means a house designed or intended to be used wholly or principally for human habitation together with such out house, latrine and other extensions or erections as are ordinarily used or intended to be used therewith;
- "Plot" means a continuous portion of land held in single or Joint ownership other than land used, allotted, or set apart for any street, lane, passage, pathway, or other common public purpose;
- "Reconstruction" of a building includes —
- the re-erection wholly or partly of a building after more than one half of its actual content has been pulled down or burnt down, or has fallen down whether at one time or at different times;
- the re-erection wholly or partially of any building of which an outer wall has been pulled down or burnt down or has fallen down to or within ten feet of the ground adjoining the lowest story or the building and or any frame building which has so far as been or burnt down or has fallen down, as to leave only the framework of the lowest storey,
- the conversion into a dwelling house or a place of public worship of any building not originally constructed for human habitation or for public worship as the case may be, or the conversion into more than one dwelling house of a building originally constructed as one dwelling house into a factory, shop, office, or warehouse,
- the re-conversion into a dwelling house or a place of public worship or a factory of any building which has been discontinued, as, or appropriated for any purpose other than a dwelling house or a place of public worship or a factory, as the case may be;
- "Site of building" includes all the land within the curtilage of the building and forming its appurtenances such as out-house, yard, Court, open space and garden attached thereto or intended to be occupied there. with and
- "Street alignment" means a line dividing the lands comprise ed in and forming of a street from the adjoining land.
- The owner of any land shall, before he utilises, sells ceases or otherwise disposes of such land or any portion thereof, as sites for construction of buildings:
- make a layout and form a street or road giving access to sites and connecting them with an existing public or private street; except in cases where the sites abut on an existing public or private street;
- set apart in the layout, at least 5 percent of the total area of land for a playground, a park, an educational institution or for any other public purpose as may be prescribed by the Gram Panchayat:
- shall give notice to the Gram Panchayat concerned in the application form appended in Appendix K.
- Unless the conditions specified in clauses (a) and (b) of sub-rule (1) are satisfied, the owner shall not be entitled to utilise, sell, lease or otherwise dispose of his land or any portion for the construction of buildings.
- No permission for the construction of buildings in such land or portion thereof shall be granted by the Gram Panchayat, unless—
- the street or road as required in sub-rule (1) is laid out and the condition required in sub-rule (2) thereof is fulfilled; and
- all layouts indicating sub-divisions of land, however small they are approved by the Gram Panchayat.
- The minimum area of plots intended for organised housing huts shall not be less than 70 square meters and the minimum width and length of any such plot shall not be less than 7 meters and 10 metres, respectively.
- The minimum area of plots intended for permanent residential buildings shall not be less than 96 square metres and the minimum width and length of any such plot shall not be less than 8 metres and 12 metres, respectively.
- The minimum area of plots intended for individual private huts shall not be less than 80 square-metres and the minimum width and length of any such plot shall not be less than 8 metres and 10 metres, respectively.
- The minimum area of plots intended for individual private permanent residential buildings shall not be less than one 160 metres and and the minimum width and length of any such plot shall not be less than 10 metres and 16 metres respectively.
- The private Road giving access to plots intended for organised housing huts or individual herts shall not be less than 6 metres in width.
- The private road giving access to plots in Tent for organised permanent buildings of individual. Permanent buildings shall not be less than 10 metres width.]
- Not withstanding the provisions in sub rule (1) the Gram Panchayat may insist upon in consultation with Director of Town Planning, bigger plots, and bigger width of roads depending upon local conditions and the importance of any particular private road or area of the layout.
- The maximum plinth area intended for construction of house in any village falling within the urban agglomeration specified in schedule 1 to the Urban Land (Ceiling and Regulation) Act 1976 (Central Act 33 of 1976) shall be in conformity with the ceiling indicated in section 29 of the said Act. The construction of houses in excess of the said ceiling shall not be permitted by the Gram Panchayat.
- Any person intending to make a layout and farming new private street or road shall send to the Grama Panchayat office a written application with plans and sections showing the following particulars, namely: -
- the intended level, direction, and width of the Street;
- The street alignment and the building line;
- The arrangements to be made for levelling, having, metalling flagging, channelling, sewering, draining, conserving and lighting the street; and
- the area set apart for public purpose under clause (b) of sub-rule (1) of Rule 3.
- The Executive authority shall place with his remarks, the application for sanction of layout before the Gram Panchayat within thirty days from the date of its receipt in Gram Panchayat office or at the next ordinary meeting of the Gram Panchayat. The Gram Panchayat shall thereafter call for further particulars where necessary or forward the same to the Director of Town Planning. Where further particulars are called for, they shall be furnished by the applicant within ten days from the date of receipt of notice by him. The Executive Authority shall thereafter forward to the Director of Town Planning the layout plan with full particulars within a period of fifteen days from the date of receipt of particular from the applicant. The Director of Town Planning shall within 90 days after the Gram Panchayat furnish all particulars to him forward his recommendations to the Gram Panchayat. The Gram Panchayat may within sixty days from the date of receipt of the recommendation of the Director of Town Planning, sanction the layout, having due regard, to such recommendations and subject to such conditions as it may deem fit or refuse to sanction for reasons to be recorded in writing.
- Such sanction may be refused on any of the following grounds, namely: -
- if, in the opinion of the Gram Panchayat, the proposed street or road is likely to disturb any arrangements made or to be made for carrying out any general scheme for the laying out of street or road either in the master plan or detailed town planning scheme prepared and adopted by the Gram Panchayat;
- if, the proposed street or road in the layout does not conform to the provisions of the Act or the rules made thereunder;
- If, the proposed street or road is not so designed as to connect at least at one end with a street which is already open; or
- if, adequate area has not been set apart for public purposes under clause (b) of sub-rule (l) of Rule 3.
- No person shall make a layout and form any new private street or road without, or otherwise than in conformity with, the orders of the Gram Panchayat, if further information is called for, no steps shall be taken to make a layout and form the street or road until orders are passed in that regard. Any application with all the required particulars in respect of such application, if not disposed of within a period of one hundred and fifty days from the date of receipt in the Gram Panchayat once, shall be deemed to have been sanctioned in accordance with the provisions of these rules.
- If any person makes a layout and forms any street or road referred to in Rule 5 without or otherwise than in conformity with the orders of the Gram Panchayat, the Executive Authority may whether or not such person be prosecuted under this rule by notice—
- require such person to show sufficient cause by a written statement signed by him and sent to the Executive Authority on or before such day, as may be specified in the notice, why such street or road should not be altered to the satisfaction of the Executive Authority or if such alteration be impracticable why such street or road should not be demolished; or
- require such person to appear before the Executive Authority either personally or by a duly authorised agent on such day and at such time a pace as may be specified in the notice and show cause as required under clause (a) of this Sub-rule.
- If any person on whom such notice is served fails to show cause to the satisfaction of the Gram Panchayat why such street or road should not be so altered or demolished, the Gram Panchayat may pass an order directing the alteration or demolition of such street or road.
- Where any private street or road or part thereof is not levelled, paved, metalled flagged, challenged sewered, drained, conserved, or lighted, to the satisfaction of Gram Panchayat, it may by notice require the owner of the land which abuts on such street or road or part thereof to carry out any work specified in such notice within such time as is fixed therein.
- Where such work is not carried out within the time specified in the notice; the Gram Panchayat may, if it thinks fit, execute it and the expenses incurred therefor as determined by it shall be paid by the owner.
- Where the owner of such land fails to pay the expenses due from him under sub-rule (2), the Gram Panchayat shall recover from him such expenses in the same manner as taxes.
- Every person including a company, association, Society, local body or Government who intends to construct or reconstruct or alter or add to a building shall submit an application to the Gram Panchayat for the approval of the site and for permission to execute the work in the form specified in Appendix (A) with such variations as circumstances may require.
- It shall be accompanied by--
- a site plan [in triplicate] of the land on which the building is to be constructed, reconstructed or altered or added to and plan of the building to be constructed, reconstructed, added to or altered, drawn or reproduced in a clear and intelligible manner on suitable and durable paper and complying with the requirements specified in Appendix B and C respectively as far as may be necessary; and
- specifications [in triplicate] complying with the requirements specified in Appendix [D] as far as may be necessary.
- The application as well as plan and specifications shall be signed by the owner of the site and building. They shall also be signed by licensed surveyor in case by-laws of the Gram Panchayat require the employment of licensed surveyor in the construction, reconstruction or alteration or addition to a building.
Explanation: —(Building) in this rule shall include a wall or fence of whatever height, bounding or abutting on any public street.
- No permission shall be granted for the construction of new buildings on any site -
- Which would admit of storm water draining in it owing to its low level or location;
- Wherein soil or sub-soil would be so saturated with water due to dampness in the floor and walls would be unstable or
- Which has been filled up with faecal or offensive vegetable or animal matter or upon which any such matter has been deposited.
- The grounds on which approval of a site for the construction or reconstruction of a building or permission to construct or reconstruct or make additions or alterations to a building may be refused are the following, namely: -
- that, the work or use of the site for the work or any of the particulars comprised in the site plan, ground plan, elevations, sections or specifications would contravene some specified provision of any law, or some specified order, rule, declaration or byelaw made under any law;
- that, the application for permission does not contain the particulars or not prepared in the manner required under these rules or any of the provisions, of the Act, or any other rules or byelaws made there under;
- that, any information or plan required by the Gram panchayat under these rules or provisions or the Act or any other rules or byelaw made thereunder has not been duly furnished:
- that, streets or roads have not been made as required under Rules 3, 4 and 5; or
- that, the proposed building would be an encroachment upon Government or Gram Panchayat land,
- Whenever the Gram Panchayat refuses to approve a site for building, or to grant permission to construct or, reconstruct or to make additions or alterations to a building, the reasons for such refusal shall be specifically stated in the order.
- The Gram Panchayat may require any building intended to be elected at the corner of two streets to be rounded off or splayed off to such height and to such extent as it may determine and may acquire such portion of the site at the corner as it may consider necessary for public convenience or amenity and for, any land so acquired the Gram Panchayat shall pay compensation.
- In determining such compensation, allowance shall be made for any benefit accruing to the same premises from the improvement of the street.
- The foundations of every building to be constructed, reconstructed. or the additions to every building shall be so constructed as to satisfy the Gram Panchayat that they will sustain the combined load of the building and of the superimposed load and transmit these loads to the subsoil in such manner as not to impair the stability of the building or any part thereof by the settlement caused by the pressure of such loads.
- Every person who constructs, reconstructs, adds to or alters a building shall ensure that the basements (ground or lower floor level of the building) shall be at a hight of at least 0.50 metres from the ground or site level as may be approved by the Gram Panchayat:
Provided that stables, cattle sheds, garages and buildings of similar nature not intended for human habitation may have been basement not less than 0.20 metres in height.
Note: - The above sub-rule (2) shall not apply to a cellar or a granary below the ground floor which is intended for shortage only constructed in dry soil or in such manner as to be impervious to moisture.
- Every person who constructs or reconstructs or makes additions or alterations to a building shall cause every wall to be built of sufficient thickness with good and suitable material to ensure safety and stability of superstructure, walls, floor and roofs.
- Every person who constructs, reconstructs, or adds to a building, shall cause every pillar, pier; framework, beam, floors and roof and other constructions carrying loads in the building to be so designed and constructed as to withstand the combined dead load due to their weight and the super imposed load.
- Unless as otherwise specified by the Gram Panchayat, the dead load of the Weight of walls, floor and roof and the superimposed load expressed in terms of dead load, as set forth in Appendixes 'G' and 'H', shall be adopted.
- In the case of any horizontal or inclined floor or roof intended to be used for a purpose for which superimposed load is not specified in Appendixes 'G' and 'H' the superimposed load or rolling load to be carried on such floor or roof inclusive of stairs and landings shall be provided for with an equivalent margin of safety.
- Every person who constructs a dwelling house or other domestic building shall cause every external wall and every main wall to be built unless otherwise specified by the Gran Panchayat of at least the thickness specified in Appendix 'I'. The thickness specified in Appendix 'I' shall apply only to walls built in horizontal beds or course of good whole bricks or a suitable stone, or other blocks of hard and incombustible materials. Every portion of the building shall be so designed as to be within the safe permissible loads for different materials of construction.
- Every person who constructs, reconstructs or adds to a building or converts by usage into a dwelling, houses a building not originally constructed as a dwelling house, shall provide the open spaces as specified below, all round, the building even where no such open space has already, been provided and a shall not diminish such open space to an extent less than that required by this rule
- The open space required to be left around the building under this rule, shall be measured at the level of the proposed construction, reconstruction conversion or addition and the boundary in the case of construction or re-construction, conversion, or addition proposed or any floor other than the ground floor shall be taken to be the line along that floor vertically above the boundary line on the ground.
- In the case of an addition to any existing building this rule shall apply in respect of the addition only and not the whole building.
- This rule shall not apply to the replacement of the roof alone of any building or to the conversion of thatched or tiled roof into a terraced roof.
- In the case of every public or private street not being a conservancy lane, there shall be a building line not less than 1.25 metres in width, within this open space between the building line and street alignment the following will be permitted
- Plinth steps and other similar structure not being above the lowest floor level of the building;
- fence or compound wall not exceeding 2.5 metres in height: and
- sunshade, balcony, canopy, eaves or another similar project. ing portions of the building at a height of not less than 3.00 metres from the ground level without a pillar, or other structure exceed in the open space for support.
- When a site abuts a street on its rear side clause (a) of this sub-rule shall not apply to the structures permissible under sub-rule (4) of this rule.
- In the case of every public or private street not being a conservancy lane, there shall be a building line not less than 1.25 metres in width, within this open space between the building line and street alignment the following will be permitted
- The height of a building shall not exceed one and half times the width of the street immediately in front of it plus the open space, left between that portion of the building and the street assignment.
- Between the rear boundary at every building site and the building itself intended for human habitation except huts there shall be an open space exclusively belonging to such building and extending laterally throughout the width of the entire site to an average depth not less than 3 metres.
- A well, latrine. ashpit, garage, cattle shed, bathroom and any other building not intended for human habitation and not exceeding a height of 3.5 metres above ground level may be constructed in the rear space referred to above if the aggregate area covered by such buildings does not exceed one fourth of the area of such open space.
- Not less than one third of the area of the site shall be left open to the sky.
- (i) a height of an average of not less than 2.5 metres measured from the top surface of the floor of the room .to be underside of the floor structure pr roof structure above;
- (ii) a clear superficial area of not \ess than 7.5 square metres: and
- (iii) a width of not less than 2.5 metres.
Provided that when such windows and ventilators open into a verandas, width of the veranda shall not be more than 2 metres and such a veranda shall open throughout its entire length into space open to the sky the width of such open' Space being not less than the width of the verandahs and in no case not less, than 2.00. metres.
- (l) Every person who erects a building containing first floor or any other upper floor shall provide in such building one or more stair cases each extending from the ground or lowest floor level to the highest floor level, and such staircase shall be structurally sound and be made of fire resisting materials: Provided that in the staircase each flight of steps shall be not less than 0.8 metres wide with tread of each step not less than 0.24 meters and riser of each step not exceeding 0.17 metres.
- (2) Buildings constructed having more than one floor shall provide a letter box in the ground floor accessible to the post-man when there is no provision for a lift in the building.
- (l) No portion off a hut inclusive of its eave’s projections shall be placed within 1.5 metres of masonary or wooden building or another hut.
- (2) No hut shall be of more than one storey, nor exceed 3.0 metres in height measured from the top of the plinth to the junction or the eaves and wall.
- (3) The wall of the hut, at the junction of the eaves and wall, shall in no place be less than 2.0 metres in height, measured from the top of the plinth.
- (1) On land exclusively set apart for the construction of huts, the huts shall be built in continuous lines in accordance with the alignment to be determined by the Gram Panchayat.
- (2) Where an alignment, determined under this rule does not correspond with the alignment of a street, a passage of at least 6 metres in width measured from eaves to eaves shall be left between the rows of, huts abutting on such alignment.
- (3) All passages referred to in above sub-rule (2) shall remain private property subject to a right in the Gram Panchayat authority to ply its vehicles on them or otherwise make use of them for any of the purpose of the Act and rules and byelaws made thereunder,
- If the Gram Panchayat is satisfied that—
-
(a) the construction or reconstruction of any building or wall:
- (i) has been commenced without obtaining the permission of the Gram Panchayat; or
- (ii) is being carried on, or has been completed, otherwise than in accordance with the plans or particulars on which such permission or order was based; or
- (iii) is being carried on, or has been completed in breach of any of the provisions of the Act or of any rule or byelaw made thereunder or any direction or requisition lawfully given or made under the Act or under such rules or byelaws; or
- (b) any alteration or addition to any building or any other work made or done for any purpose into or upon any building has been commenced or is being carried on or, has been completed in breach of any of the provisions of the Act or rules and bye-laws made thereunder, it may make a provisional order requiring the owner or the builder to demolish the work done or so much of it as, in the opinion of the Gram Panchayat has been unlawfully executed or to make such alterations as may, in its opinion be necessary to bring the work into conformity with the provisions of Act, bye-laws or rules, direction or requisition as aforesaid or with the plans and particulars on which such permission or order was based ; and may also direct that until the said order is complied with, the owner or builder shall refrain from proceeding the building or well.
-
(a) the construction or reconstruction of any building or wall:
- (2) The Gram Panchayat shall serve a copy of the provisional order made under sub-rule (l) on the owner of the building or well, together with a notice requiring him to show cause within a reasonable time to be named in such notice why the order should not be confirmed.
- (3) If the owner fails to show cause to the satisfaction of the Gram Panchayat it may confirm the order with such modification as it thinks fit to make, and such order shall then be binding on the owner and be executed the Gram Panchayat
- If the Gram Panchayat is satisfied on a certificate from the Engineering Supervisor of the concerned Mandal Praja Parishäd that building is or has become so old that it will be dangerous to life and property of the occupier or the neighbour, the Gram Panchayat may order demolition of the building:
Provided that. before ordering such demolition, it shall give due notice in writing calling for the objection of the owner and occupier of the building„
- (2) Pending decision on the appeal as provided {n Rule 35, the Gram Panchayat may direct that the building shall be vacated and left unoccupied until the appeal is decided.
- (i) any building constructed, reconstructed, altered or added to or intended to be constructed reconstructed altered or added to, by the Government in accordance with such plan and in such manner as may be approved or directed in pursuance of any statutory provision in, that behalf; and
- (ii) any building constructed reconstructed altered or added; to, for use solely as a 'temporary hospital' for the reception and treatment of persons suffering from any infectious disease; and
- (iii) temples and their allied buildings to be constructed within the temple premises.
No comments:
Post a Comment