State Act

90-A

Section 90-A. Regulation and Penalization of buildings constructed without sanctioned plan

The Andhra Pradesh Metropolitan Region and Urban Development Authorities Act, 2016

Act no. 5 of 20162016In forceAndhra Pradesh (State Act)

1[90-A. Regulation and Penalization of buildings constructed without sanctioned plan: (1) It is open to the Metropolitan Commissioner or Vice-Chairman to regularize constructions made without obtaining sanctioned plan subject to fulfilling the following conditions:- (a) Submission of building plans to the competent authority duly paying all categories of fees and charges. (b) The construction shall be subject to the condition that all parameters laid down in relevant statutes, Master plan, Zonal Development Plan, Building Bye-Laws, Building Rules and other relevant Government Orders including Andhra Pradesh Fire Service Act, 1999 and the National Building Code are satisfied; (c) Payment of penalty equivalent to Thirty Three Percent (33%) of the various categories of fees and charges payable by the applicant for obtaining building permission in addition to the regular fee and other charges payable. (2) Any offence made punishable under this Act in respect of Non-High Rise buildings may be regularized by the Vice- Chairman or any officer authorized by the Vice-Chairman in this behalf to the extent of violations made to the setbacks on each side of each floor except building line up to 10% of the permissible setbacks, on payment of fine equivalent to one hundred percent of the value of the land as fixed by the Registration Department applicable at the time of regularization in respect of violated floor area, subject to the condition that the sanctioned plan has already been obtained in each case. (3). Notwithstanding anything contained in the Act, in the case of Gram Panchayats falling in the Metropolitan Region or Urban Development Authority areas, the Metropolitan Commissioner or Vice-Chairman may regulate and penalize the construction of buildings, made by the owner, or by an individual as the case may be, unauthorizedly or in deviation of the sanctioned plan as on 31st day of August, 2018 as a onetime measure as per the procedure and by levying such penal amount as may be prescribed and upon payment of such amount, all pending or contemplated proceedings and action of enforcement shall be deemed to have been withdrawn and the competent authority shall issue necessary occupancy Certificate to the owner or the individual as the case may be.]