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‘Owner has to pay penal charges’
Hot topic: Buildings constructed prior to 1-1-1985 are exempted from the Building Penalisation Scheme. However, if applied the same will be considered for penalisation.
Q. The query is about an unauthorised property built on a properly registered plot. The title status of this is however not determined by either ULC Spl. Officer or TSLR office since 2002. Under what clause of the recently issued GOs and applicable category can this be regularised and at what rate of penalty? Also, will the CDS cover those cases wherein some legal cases regarding title of the plot are pending in courts?
G. Sri Sravante,
Bagh Amberpet. Greater Hyderabad Municipal Corporation (GHMC) replies: If your plot is not part of any surplus land or government land you can apply for regulation of plot and penalisation of building constructed therein. You have to pay layout penalisation charges at Rs.600 per sq.mt. on total plot area, 10 per cent open space contribution charges as per present market value and building penalization charges at Rs.100 per sft on total built-up area. The CDS will not cover those cases wherein some legal disputes are pending.
Q. My residential flat bearing number 6-3-612/D/5 was constructed during the year 1982 with deviations. Can I get the construction regularised under the present BRS? What is the fate of constructions made in the parking area during the year 1982?
J.Chandramouli Raju,
Anandnagar. GHMC replies: Buildings constructed prior to 1-1-1985 are exempted from the Building Penalization Scheme. However, if applied the same will be considered for penalisation.
Q. Approval for the construction of a residential building (ground floor 1,020 sft, 1st floor 990 sft and 2nd floor 990 sft) was obtained from the Malkajgiri Municipality in February 2000. The builder, however built six flats, two in each floor with plinth areas ranging from 800 sft to 900 sft. The total area thus built is far in excess of the area permitted by the sanctioned plan. Obviously the common area, set off etc have been converted into built up area. We want to know whether such apartments are eligible for regularisation by paying penalty, the amount of penalty and whether the relevant application to GHMC has to be submitted by the builder himself or whether the same can be done by the owners of the flats collectively?
K.V. Rama Rao,
Goutham Nagar, Malkajgiri GHMC replies: Yes, you can apply for penalisation of your flats by paying an amount of Rs.20,000 per each flat and application has to be made by the concerned flat owners either individually or collectively along with the required documents given in the application form.
Q. We have constructed a building of seven floors which was completed before June 30, 1998. As per the BRS scheme, all the owners of the building had filed applications and paid fee as per the scheme. The MCH issued BRS approval intimation letter to all the applications subject to submission of various documents. The owners complied with all the conditions as stated in the letter except NOC from Airport Authority of India and certificate from Director General of Fire Service Department. One year back, the Fire Services gave us letter to us stating the various fire service facilities to be provided in the building and the same were carried out except few. Since we are unable to submit NOC from Airport Authority and certificate from Fire Services, the GHMC has so far not sanctioned the plan. Our query is whether out building is still to be called as unauthorised one by the GHMC?
G.V.B.Chowdary,
Banjara Hills. GHMC replies: Since you have not submitted the NOC from the Airport Authority and Fire Services Department your building will be treated as unauthorized building only.
Q. The village secretary/sarpanch of a Gram Panchayat under Hyderabad Urban Development Authority (HUDA) had permitted the applicants to construct houses for residential purpose way back in 2002 in an area earmarked for conservation use zone i.e., unauthorised layout. This is outside the purview of the GHMC jurisdiction/geographical boundary. Do the residents have to opt for Compulsory Disclosure Scheme? Secondly, what would be the status of plot owners (other than residents) in such layouts? Few of them may keep the plots idle and few might have obtained approval for construction but are yet to start the work?
C.V.K. Mohan Varma,
Begumpet. GHMC replies: Yes, you have to apply for (i) regulation of plots under LRS and for (ii) penalization of buildings made in the above layout by paying the required penalisation charges as stipulated in the Layout Regulation Scheme / Building Penalisation Scheme.
Q. I would like to know whether the following plot will be regularised under the above provision of LRS (individual plot application). Plot in Sardar Panel Nagar, resided in M.C.K. Block 2, survey no. 145, Hydernagar village, Kukatpally Municipality, R.R. district. There are link documents available right from 1987 to till date. Please advise whether the above latest vendee can apply for LRS under individual plot.
Rao
GHMC replies: Title dispute is pending in respect of Sy.No.145. However if you apply for regulation of your plot same will be considered only after resolution of title dispute.
Q. What is the exactly penal amount to be paid for 185 sq.mts residential property. There is some confusion as it was reported as Rs.200 per sq.mt for residential and Rs.600 for commercial, but in the application it is given only as Rs.600.
Siva
GHMC replies: The rates of Rs.200 per sq. mts or Rs.600 per sq. mts are penalisation charges for regularisation of residential / commercial buildings which are constructed unauthorisedly or where the deviations are more than 30 per cent (for details please see Annexure-I of G.O.Ms.No.901 Dt.31.12.2007). Whereas, penalisation charges for regulation of plot are Rs.600 per sq. mt (for details please see Clause 8 of G.O.Ms. No 902 Dt.31.1.2007).
Q. The construction for our home is on. We have submitted and got a plan approved for two floors but we made few changes and decided to go for third floor. The construction is expected to be completed by April only. Currently the roof for all floors has been laid and brick work has been completed while rest of work is in progress. As per the new GHMC rules, we are supposed to submit the plan and pay the differential amount along with any penal fee by February. Since we cannot complete the construction by February, please advise us as what is to be done?
Subramanyam
Sithaphalmandi GHMC replies: Yes. You can apply for penalisation of your entire building by paying the requisite penalisation charges. However, regularisation orders will be issued only after completion of building in all aspects.
Q. There is semia -finished residential portion having built up area 800 sq.ft. and a flat having plinth area of 1000 sq. ft. The total of 1,800 sq. ft. with an undivided share of land measuring 50 sq yards out of 286.67 sq yards.
The problem here is link documents and previous sale deed worded this property as Ground Floor but it is actually in the first floor of the apartment complex, ground floor being the cellar. I have paid Rs.5 lakh as an advance to the seller and was about to register but the bank raised an objection while issuing the loan and requested us to register it as a first floor with sub register. Suggest if this will be an illegal construction or is it safe to register it as a first floor apartment without changing the link documents.
Raghu Anisingaraju GHMC replies: As per the sanctioned plan, if your flat is not part of earmarked parking space, you can apply for penalisation of your flat by paying the requisite penal amount.
Q. We purchased a flat (penthouse) in Sanjeeva Reddy Nagar colony during September 2005. The builder had permission for G+2 and the penthouse is in the third floor and the area is 1050 sft including common area. Please advise the amount payable to regularize this apartment (pent house).
Gopikrishna GHMC replies: Yes, you apply for penalisation of your penthouse by paying the penal amount of Rs.100 per sft on total plinth area.
Q. I have purchased a flat three years back in the fourth floor though the permission obtained was for G+2. Can I apply for regularisation of my flat ?
M. Narapa Reddy
Balajinagar, Kukatpally. GHMC replies: Yes, you can apply independently for penalisation of your flat by paying penalisation charges of Rs. 100 per sft.
Q. My client is having the flat in first floor of a residential complex. The builder constructed stilt + five upper floors and penthouse on the fifth floor. The height of the complex including the penthouse is above 18 meters.
K. Balaraju.
GHMC replies: An amount of Rs.80,000 towards penalisation charges has to be paid.
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