DEVELOPMENT RIGHTS(TDR)



  CHAPTER – XII (G.O. 119 Contd..)

TRANSFERABLE DEVELOPMENT RIGHTS

Transferable Development Rights (TDR)

An award specifying the built up area an owner of a site or plot can sell or dispose or utilize elsewhere, whose site or plot is required to be set apart or affected for a community amenity or development for public purpose in the Master Plan or in road widening or covered in recreational use zone etc. The award would be in the form of a TDR Certificate issued by the Competent Authority.

Concession in Road Widening Cases

Where any land or site or premises for building is affected in the Statutory Plan/Master Plan Road or Circulation network or a road required to be widened as per Road Development Plan, such area so affected shall be surrendered free of cost to the Sanctioning Authority by the owner of land. No development permission shall be given unless this condition is complied with. The applicant shall submit the undertaking for road widening in the form given below along with the Building Application.

i) Upon surrendering such affected area the owner of the site would be entitled to a Transferable Development Rights (TDR) as given in Rule-168.

OR

The owner shall be allowed to construct an extra floor with an equivalent built 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 6m 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 building of height up to 12m and 2.5m in case of buildings of height above 12m and up to 15m and 3m for buildings of height above 15 and up to 18m). In case of High Rise Buildings the concessions in setbacks, other than the front setback would be considered subject to maintaining minimum clear setback of 7m on the sides and rear side and such minimum setback area shall be clear without any obstructions to facilitate movement or fire fighting vehicles and effective firefighting operation.

OR

Adjustment of Land Value towards the Building Permit Fee and Charges (only in cases where Road widening is in progress).

OR

Adjustment of City Level Infrastructure Impact fee towards the value of the land surrendered for formation of new Master Plan Roads/Link Roads.

OR

vi) All the above individual items or Combination of i), ii) and iii) only.

The extent of concessions given shall be such that the total built up area after concession shall not exceed the sum of built up area allowed (as proposed) on total area without road widening and built up area equivalent to surrendered area.

In case of plots less than 750sq.m in addition to concessions in setbacks and height, the cellar floor may be allowed in site areas above 500sq. m keeping in view of its feasibility on ground.

The above concessions shall be considered at the level of Sanctioning Authority/Competent Authority. The Sanctioning Authority/Competent Authority may consider any other concession as deemed fit with the prior approval of Government.

Grant of Transferable Development Rights:

Transferable Development Rights” (TDR) can be awarded only when such lands are transferred to the local body / Development Authority as the case may be by way of registered gift deed. The award would be in the form of a TDR Certificate issued by the Competent Authority / Sanctioning Authority.

Grant of TDR can be considered by the Competent Authority / Sanctioning Authority for the following areas subject to the owners complying with the conditions of development above, as per the following norms:

For the Master Plan Road / Road Development Plan undertaken and developed: equivalent to 200% 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.

For Heritage buildings and heritage precincts maintained with adaptive reuse: equivalent to 100% of built up area of such site area.

In larger projects of 4000 sq.mts and above site area provisions made under Rule 167 (2) shall be applicable to the extent earmarked under roads above minimum percentage of required 30% of site area. However, this extent shall be restricted to the area affected in peripheral/access roads.

The TDR may be arrived at on the basis of relative land value and equivalent amount in both export and Import areas, as per the Registration Department records. The Competent Authority shall have the discretion in the matter of applicability of TDR. The TDR shall not be allowed in unauthorized buildings / structures / constructions and shall be considered only after the land is vested with the Local Authority / Development Authority. The TDR certificate issued would be valid or utilized / disposed only within the concerned local body area and as per guidelines and conditions prescribed.

Guidelines on Transferable Development Rights:

In order to adopt uniform guidelines throughout the State the following conditions and guidelines are prescribed.

As and when the owner of the building intends to construct the building in the remaining area of the site, he is entitled to construct the building as per the provisions of these Building Rules. In the event the owner doesn't take up any construction, the owner is entitled for TDR which can be used I disposed depending on convenience.

A composite Transferable Development Rights (TDR) Register shall be maintained by the Sanctioning Authority as per the proforma given below on the award of TDR and its sale / disposal and utilization. A responsible officer shall be the custodian of the Register.

At the time of sale / disposal / utilization of a particular TDR, the utilization details of the sale / disposal need to be entered at relevant columns in the register and that therefore the relevant file need to be referred to the custodian of the Register for making necessary entries in the register. The custodian is held responsible to enter relevant details in the register and also to enter utilization details in the TDR. When TDR Certificate is sold / utilized totally, the same shall be surrendered by the owners and the custodian shall take possession of the Certificate and make necessary entries in the register. As per Government Orders, TDR award is to be arrived on the basis of relevant land value at both export and import areas as per prevailing Registration value.

TDR can either be sold or can be utilized by the same owner depending on convenience.

TDR can be allowed to be utilized for construction of one additional floor over the normal permissible floors without insisting additional setbacks subject to compliance of other norms.

TDR shall not be applicable in larger projects i.e. in Group Development Schemes of more than 5 Acs. in extent.

Every TDR sold or disposed shall be accompanied by a prescribed agreement on Rs.l00/ - non-judiciary stamp paper between the person disposing the TDR and the person who intend to utilize the TDR. Draft agreement is given below.

Documents to be submitted along with Application for Grant of Transferrable Development Rights Certificate:

Application to be made by owner in the prescribed format giving the following details:

Name of the owner with clear address, contact phone number, etc.

Copy of the ownership documents along with clear site plan and location plan.

Site Plan showing the land surrendered, its extent, location with dimensions.

Building permission Plan for the site by the urban local body.

Details of Building permission granted / applied for like use or purpose of building, number of floors permitted, all-round setbacks, floor area permitted and utilized, parking area permitted; etc.

Whether already benefit of relaxations been utilized for the site?

Whether any Court case is pending against Urban Local Body?

Land value of the site where TDR is to be availed (latest copy from concerned Sub Registrar to be enclosed)

TDR admissible in terms of sq. m and equivalent land value.

PROFORMA FOR TRANSFERABLE DEVELOPMENT RIGHTS (TDR) REGISTER

Sl.

No

Location of site  surrendered

and Name of

the person

against to

whom TDR

issued

including date

& TDR No.

 

Extent of TDR granted 

(in Sq.yds)

 

Name &

Address of

the person

utilized and

extent

utilized

 

B.A.No. &

utilization

Details

 

Whether the

property

surrendered

is vested with

Municipal

Corporation/

Municipality/

DA or not

(details)

 

Export

values

as on

the

date of

utilization

 

Import

value as

on the

date of

utilization

 

 

Rate &

Balance

to be

utilized

 

Remarks

*TDR

surrender

details

 

1

2

3

4

5

6

7

8

9

10

 

 

 

 

 

 

 

 

 

 

DISPOSAL OF TDR FOR UTILISATION

Agreement between Transferor & Transferee

(To be notarised on Rs.100/- NJS paper)

Whereas ………………….. (ULB) in consideration of the provision contained in A.P. Building Rules-2012 for award of Transferable Development Rights (TDR) Certificate for the sites required for public purpose / implementation of Master Plan, awarded TDR certificate for the site situated in Sy.No………………….of ………..……………………………………….    (v)/     Block/ Ward  in         the       name of………………………………………………vide TDR Certificate No. ………………………………….......... issued on dated…………… for an extent of …………………………………… Sq. m., after vesting the said site / property in ……………(ULB);

Whereas there is provision in Transferable Development Rights (TDR) for disposal and utilisation anywhere in …………. (ULB) and as Sri…………………………………….. S/o……………………………., (Transferor) Resident of ……………………………. has offered to utilise the TDR certificate for construction purpose at agreeable terms and conditions for the said TDR;

I  ….........................………………………………… hereby dispose  an   extent of……...................………………… Sq.m.,  to Sri…………………………………….. S/o………………………………..  (Transferee)  duly  retaining………………….......................…………….Sq.  m.,  with  rights  to  utilise/  dispose  at  my convenience.

Both the parties hereby agree to the terms and conditions applicable to utilisation I disposal of TDR Certificate.

TRANSFEROR

NAME:

ADDRESS:

Cell No:

WITNESS:

1)

 

2)

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