Payment of Environment Impact fee

GOVERNMENT OF TELANGANA
ABSTRACT

Mines & Minerals - Payment of Environment Impact Fee @ Rs.3/- per Square feet for buildings above 10,000 Square feet of built up area, as per approved plan by Competent Authority – Orders issued- Certain Guidelines - Issued.

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INDUSTRIES AND COMMERCE (MINES.I) DEPARTMENT

G.O.MS.No. 8

Dated: 24/02/2016

Read the following:

1. G.O.Ms.No.34, Industries and Commerce (Mines.I) Department, dated 17.06.2015.
2. From the Director of Mines and Geology Letter No.106/MR/2015, dated 06-11-2015 and Single file dated:30.11.2015.
3. From the Director of Mines and Geology Letter No.106/MR/2015, dated 11.01.2016.

*****

ORDER:

In the reference first read above, the Government, basing on the representations from Telangana Real Estate Developers Association (TREDA), Confederation of Real Estate Developers Association (CREDAI) and various Builder Associations and proposals from the Director of Mines and Geology, Hyderabad, issued orders to levy and collect Environment Impact Fee of Rs.3/- per square feet on built-up area of more than 10,000 square feet as an additional charge under Section 15 (1-A) (g) of the Mines and Minerals (Development and Regulation) Act, 1957 to account for any building or construction material that may have escaped levy of seigniorage charges at site.

2.  Further, the Government permitted the Builders to pay an Environment Impact Fee @ Rs.3/- per square feet for buildings above 10,000/- square feet of built-up area, as per the plan approved by the Competent Authority. However, the quarry owners who supply the building materials from the quarry leased area shall continue to pay Seigniorage Fee before dispatch of the mineral.

3.  The Environmental Impact Fee shall be remitted into the treasury in the Head of Account “0853-Non-Ferrous Mining and Metallurgical Industry, 102- Mineral Concessions, fee, rent, royalties, etc., SH(03)-Royalty on Environment Impact Fee”.

4.  Though the clear orders have been issued by the Government as above, both the Builders Associations and the executing authorities are having certain ambiguities regarding its implementation, the Government have further reviewed the subject matter and for its compliance of the orders issued by the Government.

5.  Basing on the deliberations, the Director of Mines and Geology, Hyderabad through reference second and third read above, has submitted proposals suggesting certain modifications to be issued, so as to have effective implementation by both the Builders as well as by the competent authority for sanctioning of building plans.

6.  The Government, after careful examination of the matter, hereby decide to issue certain guidelines in partial modification of the orders issued in the reference first read above.

7.  Accordingly, the following Notification shall be published in an Extraordinary Issue of Telangana State, Gazette dated the 26th February 2016.

NOTIFICATION

   In exercise of the powers conferred under Section 15(1-A)(g) of Mines & Minerals (Development & Regulation) Act, 1957, the Governor of Telangana State hereby issue the following guidelines on payment of Environment Impact Fee @ Rs.3/- per Square feet by builders for buildings above 10,000/- Square feet of built-up area, as per the plan approved by the Competent Authority.

I)  The “Environment Impact Fee” payable by the builders with built-up area more than 10,000 square feet @ Rs.3/- per square feet before approval of the building plan by the competent authority. Environment Impact Fee is payable for the entire built-up area and it includes the area meant for parking and other allied services, which include pathway. It will be clarified to builders that Environment Impact Fee is on account of Building Construction Fee.

II)  Environment Impact Fee may also be payable for the ongoing construction ventures and just completed buildings by obtaining the data from the building plan approval authorities as per the guidelines to be evolved by the Director of Mines and Geology after approval by the Government. However, in the transition period, if there is any inspection either by the Vigilance and Enforcement Department or by the Officials of Mines and Geology, such builders shall avail the One Time Settlement Scheme introduced by the Government.

III)  The Environment Impact Fee is also payable on voluntary disclosure by the Builders based on the strength of the certificate issued by the licensed engineers by the Government regarding the extent of built-up area.

IV).  Once Environment Impact Fee is paid by any Builder, the building plan approval authority shall issue a certificate in this regard to be produced by the builder before the inspection authorities from Vigilance and Enforcement Department or by the Officials of Mines and Geology.

V)  The Director of Mines and Geology shall evolve a mechanism by making available the information regarding the details of bonafide suppliers registered with the Department from time to time and ensure there is no leakage of Seigniorage Fee.

VI).  This order issued with the concurrence of Finance Department vide their U.O.No.150/10/EBS-VII/I&C/2016, dated:06.02.2016.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA STATE)

ARVIND KUMAR

SECRETARY TO GOVERNMENT & CIP

To
The Commissioner, Printing, Stationery and Stores Purchase (Ptg.wing),
Hyderabad for publication in the next issue of Telangana Gazette and to send 100 copies to Government.
The Director of Mines and Geology, Hyderabad
The Director General, General Administration (V&E) Department.
The Special Chief Secretary to Government, Municipal Administration & Urban Development Department, T.S. Secretariat, Hyderabad.
The Special Chief Secretary to Government, Panchayat Raj and Rural Development Dept., T.S. Secretariat, Hyderabad.
The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Hyderabad.
The Commissioner & Director of Municipal Administration, Hyderabad.
The Commissioner/Director, Panchayat Raj and Rural Employment Department, Hyderabad.
The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad.
All the Commissioners of Municipal Corporations in the State.
All Commissioners of Municipalities/Nagar Panchayats/Gram Panchayats etc.,through the Commissioner & Director of Municipal Administration and the Commissioner, Rural Development Department.
The Regional Vigilance & Enforcement Officers through the Director General,General Administration (V.&E) Department.
All the Engineers –In-Chief, Irrigation/Roads and Buildings/Panchayat Raj
All the Departments of Telangana Secretariat.
Copy to:
The Additional Principal Secretary to Hon’ble Chief Minister
The P.S to Hon’ble Minister for Mines and Geology.
The P.S. to Chief Secretary to Government.
The P.S. to Spl. Chief Secretary to Government, Finance Dept.,
The P.S. to Secretary to Government & CIP, Ind & Com Dept.,
All the District Collectors in the State.
The Joint Director’s/Deputy Director’s/Assistant Director’s of Mines and Geology Dept., through the Director of Mines & Geology,
Sf/Sc.(C.No.7022/M.I(1)/2014)

//FORWARDED :: BY ORDER//


SECTION OFFICER

Amendment to Building Rules, 2012

GOVERNMENT OF TELANGANA
A B S T R A C T

Municipal Administration and Urban Development Department – Amendments to Building Rules 2012 – Orders – Issued.

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MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (M1) DEPARTMENT

G.O.MS.No. 7.

Dated: 05-01-2016

Read the following:

1. G.O.Ms.No.168, MA&UD, dt:07.04.2012.
2. G.O.Ms.No.245, MA&UD, dt:30.06.2012.

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After the formation of State of Telangana various Real Estate development agencies have been representing to the Government that some of the existing building rules framed by the State are not conducive to reach the real estate growth potential of urban areas in the State. They therefore requested in the interest of and to facilitate ‘Ease of Doing Business’ to simplify the existing building rules, give some concessions and remove certain bottle necks in the existing building rules to promote investment in Real Estate Sector in the State of Telangana.

Government after careful examination of the matter have felt that there is a need to take some steps to reform real estate sector in ‘Ease of Doing Business’ to encourage this sector to provide employment and economic growth. Therefore, to encourage the real estate sector to provide employment and economic growth Government hereby issues the following amendments to the Building Rules 2012 which were issued in G.O.Ms.No.168, MA, dt:07.04.2012 read with G.O.Ms.No.245, MA, dt:30.06.2012.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA)

M.G. GOPAL

SPECIAL CHIEF SECRETARY TO GOVERNMENT

To
The Commissioner, Printing, Stationery & Stores Purchase Department, Hyderabad
for Publication of the Notification in the next issue of Gazettee and furnish 1000 copies.
The Commissioner & Director of Municipal Administration, Hyderabad.
The Director of Town & Country Planning, Hyderabad,
The Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad,
The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, Hyderabad,
All Vice Chairmen of Urban Development Authorities,
All Municipal Commissioners in the State through Director of Municipal Administration, Hyderabad, Hyderabad,
The Chairman & Managing Director, TSTRANSCO, Hyderabad,
The Commissioner & Inspector General of Registration & Stamps, Telangana Hyderabad.
Copy to:
The Managing Director, Hyderabad Metro Water Supply & Sewerage, Hyderabad.
The Director General, Disaster Response & Fire Services, Hyderabad
The Law Department,
The Revenue (R&S) Department,
The Energy Department.
The P.S to Special Chief Secretary to Government, MA& UD Dept.,
The P.S to Principal Secretary to C.M
All the Section of MA&
SF/SC.

//FORWARDED ::BY:: ORDER//

SECTION OFFICER.

Contd.Page.No.2.

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N O T I F I C A T I O N

In exercise of the powers conferred by section 585 read with section 592 of the Greater Hyderabad Municipal Corporation Act, 1955; proviso under sub-section (1) read with sub-section (2) of sections 14, 32, 46 and 58 of the Telangana Urban Areas (Development) Act, 1975, section 56(1) of the Hyderabad Metropolitan Development Authority Act, 2008, section 18 of the Telangana Municipal Corporations Act, 1994; section 326 of the Telangana Municipalities Act, 1965, the Government of Telangana hereby makes the following amendments to the Building Rules 2012 which were issued in G.O.Ms.No.168, MA&UD (M) Dept., dt:07.04.2012 read with G.O.Ms.No.245, MA, dt:30.06.2012.

AMENDMENT - 1

In Rule 3, the sub rule (ii)(1) shall be substituted with the following:

(ii)(1) 50 m from the boundary of the river within the Municipal Corporation / Municipality / Nagara Panchayat / HMDA / UDA limits. The boundary of the river shall be as fixed and certified by the Irrigation Department and Revenue Department.

AMENDMENT - 2

In Rule 3, in sub rule (a)(iii)(2) following shall be added after the words ‘wherever feasible’:

12 feet walking/ cycling track within the 30 m buffer strip may be provided.

AMENDMENT - 3

In Rule 3, in sub rule (c)(ii) following shall be added after the words ‘as defined in the Master Plan’:

Wherever the road is not feasible below the HT line, green belt can be provided below the HT line and this will be in addition to 10% open space to be provided as per rules and for such cases, TDRs as applicable to road widening cases shall be given.

AMENDMENT - 4

In Rule 3, sub rule (b) and (f) shall be substituted with the following:

(b)   In case of sites abutting to railway property, NOC from Railway authorities need not be insisted. However it will be the responsibility of the applicants to follow the applicable rules as prescribed by the Railway authorities in their rules.

(f)   In case of sites abutting to Defence establishments, NOC from Defence authorities need not be insisted. However it will be the responsibility of the applicants to follow the applicable rules as prescribed by the Defence authorities in their rules.

AMENDMENT - 5

In Rule 3, under sub rule (j) after the clause (v) following shall be added as clause (vi):

(vi)   In case of plots abutting to the road existing all around KBR park there would be no height restriction subject to conforming to abutting road width requirement and all round open spaces prescribed for High Rise Buildings and subject to handing over required land for road widening / SRDP project of GHMC.

Contd.Page.No.3.

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AMENDMENT - 6

In Rule 5, under TABLE-III in Column-3 (viz., parking provision) against Rows 1,2 & 3 (viz., plot sizes less than 50 Sqm; 50-100; 100-200) following shall be added namely:

‘Stilt floor’

AMENDMENT - 7

In Rule 5, in sub rule (c) after the words “shall not be less than 4.5 m” following shall be added namely:

‘Stilt floor shall be exclusively utilized for parking purpose only and in case of any violation or construction in the parking area the local authority shall summarily demolish the constructions made in the parking area and impose maximum penalties as per law’.

AMENDMENT - 8

In Rule 7, the sub rule (viii)  shall be substituted with the following namely:

(viii)  In addition to the above a minimum of 2m wide green planting strip in the periphery on all sides within the setbacks where the setback is 9m and above has to be developed and maintained.

AMENDMENT - 9

In Rule 7, after sub rule (xv) the following shall be added namely:

(xvi)   Where parking floors are provided above ground floor, the height of the parking floors shall be excluded while reckoning the height of the building for the purpose of deciding the setbacks as per the Table IV.

AMENDMENT - 10

In Rule 8, the sub rule 8(k) shall be substituted with the following namely:

8(k)   A thorough public access road of 12m width with 2 lane black-topped is to be developed within the applicant’s site on any one side at the periphery / as per suitability and feasibility for the convenience of accessibility of other sites and lands located in the interior. This condition would not apply if there is an existing abutting peripheral road on any side. Concessions applicable to road widening cases i.e., grant of TDR / setback relaxations / additional floors shall be considered by the Competent Authority / Sanctioning Authority in lieu of providing the above said road.

AMENDMENT - 11

In Rule 8, the sub rule 8(n) shall be substituted with the following namely:

8(n)   10% of the site area earmarked for organized open space shall be handed over to local body at free of cost through a registered gift deed before issue of occupancy certificate and same shall be utilized as such by the respective resident society / association only. For this purpose the society / association may enter into an agreement with the local authority for utilizing, managing and maintaining the open spaces.

Contd.Page.No.4.

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AMENDMENT - 12

The Rule 11 shall be substituted with the following namely:

11. PAYMENT OF SHELTER FEE:

1. In case of Group Housing / Group Development Schemes whose land extent is more than 3000 Sq.mtrs, shelter fee shall be collected as given below. This facility will be applicable to ongoing projects also, if the developer / builder opts for it :
   

   Area	Rate per Sq. Meter
   Greater Hyderabad Municipal Corporation, Hyderabad	Rs.750
   Other Municipal Corporations	Rs.600
   Selection & Special Grade Municipalities	Rs.500
   Other Municipalities, Nagar Panchayats and other Rural local bodies falling in HMDA area/ UDA area/ Master Plan areas	Rs.400

   
   
2. The shelter fee shall be collected on 20% of total site area of the project.
3. The shelter fee so collected shall be utilized for construction of EWS housing under Urban Housing Scheme meant for EWS categories (2 bed room houses) for which a separate account shall be maintained by the local body / Hyderabad Metropolitan Development Authority / UDAs.

AMENDMENT - 13

In Rule 12, the sub rule (a) shall be substituted with the following namely:

(a)   ‘U’ type commercial buildings with central courtyard are allowed with a minimum plot area of 1000 Sqm with the following conditions:

AMENDMENT - 14

In Rule 14, after sub rule (g) following shall be added namely:

14-A  Encouragement for amalgamation of plots in old city / congested areas / slums. To encourage amalgamation of plots in old city / congested areas / slums, the following incentives would be considered by the Competent Authority subject to condition that the maximum plot size before amalgamation shall be 100 Sqm and minimum plot size after amalgamation shall be 300 Sqm.

1. One additional floor or TDR equivalent to one additional floor
   and
2. 75% discount in building permit fee in slums and 50% discount in congested / old city areas.

AMENDMENT - 15

In Rule 15, the sub rule 15(x) shall be substituted with the following namely:

15(x)  In case of Group Housing Buildings where there are 100 units and above, upto 3% of the total built up area (or) 50,000 Sft. whichever is lower shall be planned and developed for common amenities and facilities like convenient shopping, committee hall/ club house, crèche, gymnasium etc. as per National Building code of India (NBC) – 2005. Amenities block shall not be part of the residential blocks. However in case of single apartment block, amenities can be provided in the same block.

Contd.Page.No.5.

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AMENDMENT - 16

In Rule 16, the sub rule (e) is deleted and the sub rules (b) and (f) shall be substituted with the following namely:

(b)   Upon surrendering such affected area the owner of the site would be entitled to a Transferable Development Right (TDR) as given in Rule-17.

OR

The owner shall be allowed to construct additional floors with an equivalent built-up area for the area surrendered subject to mandated public safety requirements.

OR

The owner shall be allowed to avail concessions in setbacks including the front set-back (subject to ensuring a building line of 6 m in respect of roads 30m and above; 3m in respect of roads 18m and below 30m and 2m in respect of roads less than 18m and subject to ensuring minimum side and rear setback of 2m in case of buildings of height up to 12m and 2.5m in case of buildings of height above 12m and upto 15m and 3m for buildings of height above 15m and up to 18m).

In case of High Rise Buildings the concessions in all round setbacks would be considered subject to maintaining minimum clear setback of 7m on all sides and such minimum setback area shall be clear without any obstructions, except 2 mts wide green planting strip (where the setback is 9 m and above), which shall be soft green planting, to facilitate movement or fire fighting vehicles and effective fire fighting operation

OR

Adjustment of land value towards building permit fee and charges (only in cases where road widening is in progress).

OR

Adjustment of city level infrastructure impact fee towards value of the land surrendered for formation of new Master Plan roads / link roads.

OR

Combination of above.

(f)   The above concessions shall be considered at the level of Sanctioning Authority / Competent Authority i.e., ULB / UDA level as the case may be.

AMENDMENT - 17

In Rule 17, the sub rule 17(b)(i) shall be substituted with the following namely:

17(b)(i) For the Master Plan road / Road Development Plan undertaken and developed/ peripheral road provided in Group Development schemes: equivalent to 250% of built up area of such area surrendered. For conservation and development of lakes/ water bodies/ Nalas foreshores & Recreational buffer development with greenery, etc: equivalent to 100% of built up area of such recreational buffer area developed at his cost.

Contd.Page.No.6.

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AMENDMENT - 18

In Rule 19, the sub rule 19(d) shall be substituted with the following namely:

19(d) The permission is valid for 6 years for all buildings, i.e., Non High Rise buildings / High Rise buildings / Group Development schemes subject to the condition that the construction shall be commenced within 18 months. The permission can be revalidated for another 2 years on payment of building permit fee. This facility will be applicable to the permissions already given in the past.

AMENDMENT - 19

In Rule 21, the Table-VI shall be substituted with the following table:

TABLE - VI

Areas	Height (No. of Floors), Use of the Building and Rate in Rs. per sqm of Built Up Area
	Above 15 m & up to 17 floors		Above 17 floors
	Residential	Commercial, Offices, ITES, Institutional, Educational & Others (except Industrial)	Residential	Commercial, Offices, ITES, Institutional, Educational & Others (except Industrial)
1	2(a)	2(b)	3(a)	3(b)
HMDA Area
GHMC	500	1000	750	1500
Municipalities	250	500	500	1000
G.P Areas	175	250	350	500
UDA Areas
Municipal Corporations	350	500	500	1000
Rest of the UDAs	175	350	350	500
Other than UDA Areas
Municipal Corporations	350	500	500	800
Municipalities Sel/Spl/1st grade	150	350	250	500
2nd/3rd/N.Ps/G.Ps	100	200	200	300

AMENDMENT - 20

In Rule 23, after the sub rule (b) following shall be added namely:

(c) Compliance of public safety measures:

1. The Competent Authority while issuing building permission shall make it binding on the developer / builder for compulsory implementation of public safety measures as stipulated in AP Public Safety (Measures) enforcement Act, 2013 & Rules 2014.
2. The Competent Authority shall, at the time of issue of Occupancy Certificate ensure that the developer / builder has implemented the public safety measures without any violation, as stipulated in AP Public Safety (Measures) enforcement Act, 2013 & Rules 2014.

Contd.Page.No.7.

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AMENDMENT - 21

In Rule 26, in the sub rule (c) after the words “the responsibility shall be fixed with the concerned officer who fails to process the file” following shall be added namely:

‘and for every one day of delay a penalty of Rs.500/- shall be levied on the concerned staff for delay’.

All existing rules, regulations, byelaws, orders that are in conflict or inconsistent with the above amendments shall stand modified to the extent of the provisions of these amendments.

M.G. GOPAL

SPECIAL CHIEF SECRETARY TO GOVERNMENT

SECTION OFFICER.

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