(A) NON-COMPOUNDABLE ITEMS:
Any deviations from the maximum/minimum prescribed limits regarding :-
(4) Open spaces
(5) Total height of the building
(6) No. of floors
(7) No. of dwelling units & density p
(8) Parking norms
(9) Light and ventilation provisions
(11) All other provision of these bye-laws except items given in Para ’B’ below shall not be compounded/regularized and shall have to be rectified by altering/demolition at the risk and cost of owner. Besides this any other action as per terms & conditions of lease and provisions of M.C.D. Act, 195 7 shall proceed.
(B) COMPOUNDABLE ITEMS:
Deviations in terms of covered area.
If a building or part thereof has been constructed unathorisedly, i.e. without obtaining the requisite building permit from the authority as required under .Clause 6.1 and 6.7.1 of the Building Bye-laws, the same shall be compounded at the following rates, provided the building. or part thereof so constructed otherwise confirms to the provisions contained in the Building Bye-laws and Master/ Zonal Plan Regulations. For this party shall have to submit the request for building permit in the prescribed procedure. `
- Rs.25/- per sq. mtr. Of the covered area constructed unauthorizedly. The above rate shall apply to the buildings as categorized below :-
Residential buildings upto 500 sq. mt. plot size.
All government, Public and Semi-Public and utility buildings.
Religious Institutional and Educational Buildings.
(b) Rs.100/- per sq. mt. of the covered area constructed unauthorizedly:
Residential buildings above 500 sq. mt. plot size (Group Housing and Guest Houses) Industrial Buildings
Storage buildings (underground or above ground)
(c) Rs.500/- per sq. mt. of covered area constructed unauthorizedly:
Commercial and Business Buildings (Offices, Hotels, Shops etc.) Cinema and Theatre Buildings
Petrol Pumps (Filling/ Service Stations).
Note:- 1 The buildings not covered specifically under the above categories, shall be compounded as decided by the authority, considering the merit of each individual case.
- Items which are exempted from the calculations of the coverage and FAR, e. g. cub-boards, canopy, basement and mezzanine, loft, watchman cabins etc. but constructed unauthorizedly without obtaining prior permission from the authority, but within the permissible limits shall also be compounded/regularized at the rate prescribed above.
(ii) Deviations of the Building Bye-laws other than as specified in
(A) (N on-compoundable)
Deviations upto the maximum extent of 10% from the maximum/minimum prescribed limit (as prescribed by the Building Bye-laws) shall be compounded at the following rates:
- In case of deviations of areas of various components of the buildings, the rate of penalty will at the rate` of Rs. l0/- per 1% of deviation.
- For deviations in terms of height the penalty shall be at the rate of Rs. 10/- per 1% of deviation for every 10 sq. mt. or part thereof the affected area.
- Deviations from the prescribed limit of width:-Length penalty shall be at the rate of Rs. 10/- per 1% of the deviation for every 10 sq. mt. or part thereof the affected area.
Note: Notwithstanding the provisions above no penalty shall be levied for the first 3% of deviation but in case the deviation limit exceeds 3% penalty shall be levied at the above rates for the total deviation upto 10%.
- The penalties at the above rates as given in (ii)(a),(b) & (c) shall be charged for each deviation and for every component of the building separately.
- In case of increase in size of canopy in front open space from the prescribed limits of bye-laws, the same shall be charges @Rs.20/-per sq. meter.
- End Walls upto 0.9 meter in width in terrace type construction constructed purely as an architectural feature – Rs. 1 0/- each.
- Enclosing of front balcony by Jali Wall which is being used as a part of stair-case Rs.150/- sq. meter.
- (i) An open urinal having wall upto 1.7 meter height. No Penalty.
(ii) Water storage tank over open urinal with walls upto 1.70 meter in height. No penalty if sanction. If sanctioned Rs.50/- each.
- Underground lines covered without getting the proposal inspected and approved Rs.200/-lump sum.
- All roof projections beyond permissible limit of bye-laws as specific shall be counted towards FAR calculations if otherwise the same do not infringe upon any other bye-laws.
- Plinth steps in set back portion Rs.25/- each.
- Extra slab in mumty constructed without sanction shall be compounded at the rate given in (B)(compoundable item) provided it does not infringe upon the provisions any other bye laws.
- Partition walls provided without sanction at any floor if the same are not infringing upon the provision of any other bye-laws of Rs.15/- per sq. meter of the service area of the wall, i.e. (length x height)
- Projection on public land – not permitted.
VARIOUS DEVIATION S IN THE CONSTRUCTED BUILDING WHICH CAN BE CONSIDERED FOR REGULARIZATION/ COMPOUNDING AREA LISTED BELOW
- Authority/Loca1Body(s) shall be empowered after levying penalty to compound deviations from limits of coverage/FAR to the extent of 5% of the permissible coverage and FAR, subject to maximum of 13.5 sqm. in building(s)/premises at the time of considering the completion/occupancy certificate. In Group Housing Schemes and Public & Semi Public facilities, 5% FAR beyond permissible FAR can be compounded by the Authority/Local Body at the time of considering the completion/occupancy certificate. The excess coverage shall be compounded on prevailing land rates subject to submission of affidavit to the fact that difference, if any, shall be deposited as & when rates are notified by the Government.
- The area to be compounded be calculated on the basis of the total construction in residential building which may be considered as part and parcel of the total construction of the plot.
- Increase in covered area beyond the permissible limit as mentioned above, may also affect the prescribed size/area of the internal courtyard of the plot. In such cases, the compounding fee for this infringement will be as follows :-
|Extension of building lines which affects the size of the internal courtyard||Rs.500/- per sq. meter of the reduced area of the minimum requirement of the courtyard for light and ventilation infringement|
OTHER CHARGES FOR RESIDENTIAL BUILDINGS:
1) Betterment Charges :for coverage at 2“” floor Rs.150/Sqm
[For the coverage permissible as per MPD-2001
(notified in August 1990) and prior to enhanced
FAR notified vide notification dated 23-07-1998)
2) Additional FAR charges : The rate for levy on Rs.450/Sqm.
additional FAR as notified vide Notification
dated 23-07-1998 would be
- i) The levy will be payable in addition to all other charges including betterment charges, development charges and other service charges.
- ii) Where the additional construction has already been carried out in violation of pre 23.07.98 norms but is within the norms as revised vide notification dated 23.07.98, the construction will be regularized on payment of the levy @ Rs..450/- per sqm. Plus a surcharge of 10% this will be in Addition to the existing compounding fee etc.
3) Enhanced FAR charges arising out of MPD-2021:
As per notification dated 23.12.2008 (As given in the Chapter of charges)
|1.||a) Residential properties including for basement under mixed use-rates of payment of betterment levy/ additional FAR charge for New construction and penalty / compounding special compounding charges for regularization of unauthorized construction||The following rates as per notification dt. 20.11.2006 which was applied for 2006-07 to be made applicable for 2007-08, the same areas under:-
A & B colonies Rs.4020/-
C & D colonies Rs.1610/-
E,F & G colonies with plot size more than 50sqm. Rs.805/-
E,F & G colonies with plot size upto 50sqm. Rs.564/-
b) Additional coverage above sanctioned but with permissible height (as per 23.7.98)
A & B colonies Rs.4375/-
C & D colonies Rs.1750/-
E,F& G colonies with plot size more than 50sqm. Rs.875/-
E,F & G colonies with plot size upto 50sqm. Rs.613/-
c) Additional coverage beyond permissible height as per 23.07.98 but within 15 meters.
A & B colonies Rs.4900/-
C & D colonies Rs.1960/-
E,F & G colonies with plot size more than 50sqm. Rs.980/-
E,F & G colonies with plot size upto 50sqm. Rs.686/-
4) Labour Cess charges 1% of the estimated cost of construction
5) Development charges in Rs.50% per sqm for plot area +
Unauthorized regularized simple interest @ Rs.12/- p.a. from the
Colonies cut off date i.e. 20.10.1986
6) Levy of Development charges Rs.15/- per sqm. of plot area
In urban Villages, Old Abadi
Area as well as in the area that
Has been adjusted in the re-
Development plan of urban Villages.