Model Regulations for Grant of Transferable Development Rights

Transcription

1 Model Regulations for Grant of Transferable Development Rights In exercise of the powers conferred by sub-section-(2) (i) of section-56 of the Uttar Pradesh Urban Planning and Development Act, Development Authority with the previous approval of the Government hereby makes following regulations namely: 1. Short title, Extent and Commencement (i) (ii) These regulations may be called the Regulations for grant of Transferable Development Rights. They shall extend to the Development Area of... (iii) They shall come into force on such date as the State Government may by notification in the Gazette appoint. 2. Definitions In these regulations unless the context otherwise requires: (I) 'Act' means the Uttar Pradesh Urban Planning and Development Act, 1973; (II) 'Authority' means the Development Authority constituted under section- 4 of the Uttar Pradesh Urban Planning and Development Act, 1973; (III) 'Building' includes any structure or erection or part of a structure or erection which is intended to be used for residential, industrial, commercial or other purposes, whether in actual use or not; (IV) 'Development' with its grammatical variations, means the carrying out of building, engineering, mining or other operations, in, on, over or under land, or the making of any material change in any building or land, and includes redevelopment; (V) 'Floor Area Ratio (FAR)' means the quotient obtained by dividing the total covered area (plinth area) on all floors by the area of the plot. (FAR=Total covered area of all floors divided by plot area). (VI) 'Government' means Government of Uttar Pradesh; (VII) 'Height of Building' means the vertical distance measured in the case of flat roofs, from the average level of the ground around and contiguous to the building to the terrace of last livable floor of the building adjacent to the external walls; and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof; and in the case of gables facing the road, the mid-point between the eaves level and the ridge. Architectural features serving no other function except that of decoration shall be excluded for the purpose of measuring heights;

2 Page 2 of 5 (VIII) 'Heritage Sites' means those buildings, artefacts, structures, streets, areas and precincts of historic or aesthetic or architectural or cultural or environmental significance and those natural features of environmental significance and sites of scenic beauty including, but not restricted to, sacred groves, hills, hillocks, water bodies (and the areas adjoining the same), open areas, wooded areas, points, walks, rides, bridle paths which are listed in a notification to be issued by Government; (IX) (X) 'Lessee' means a person in whose favour a lease of land or property has been granted; 'Owner' means person or body having a legal interest in land and/or building thereon. This includes freeholders, leaseholders or those holding a sub-lease which both bestows a legal right to occupation and gives rise to liabilities in respect of safety or building conditions. In case of lease or sub-lease holders, as far as ownership with respect to the structure is concerned, the structure of a flat or structure on a plot belongs to the allottee/lessee till the allotment/ lease subsists; (XI) 'Property' means the land and or building on any plot; (XII) 'Transferable Development Rights' means the separated development potential of a plot of land which is made available to the owner of the land on such terms and conditions as prescribed under these regulations; (XIII) 'Vice-Chairman' means the Vice-Chairman of the Development Authority. 3. The owner or lessee of a plot of land which is reserved for a public purpose viz. roads, public facilities, services or utilities, parks and open space, green belt in the Master/Zonal Development Plan excepting in the case of an existing or retention user, shall be eligible for the award of Transferable Development Rights (TDRs) in the form of Floor Area Ratio to the extent and conditions as provided in these regulations. 4. The TDR will be in the form of compensatory additional FAR which will be permissible over and above the permissible FAR at a place within the development area, in lieu of the constructed area, constructible area or the development right on the land which is acquired for purposes mentioned in Regulation-6. Award of TDR will entitle the owner of the land to FAR in the form of Development Rights Certificate (DRC) which he may use himself or transfer to any other person. 5. Development Rights (DRs) shall be available only in cases where development of a reservation (proposed land use) has not been implemented, i.e. TDRs will be available only for prospective development of reservations. 6. The Authority itself, or on its behalf, whoever is so authorized, may notify a scheme of acquisition, wherever any land is required for public purpose and

3 Page 3 of 5 of granting TDRs as a compensation to those whose land is proposed to be compulsorily acquired, for the said purposes, under these regulations. 7. (a) The scheme of TDRs prepared by the Authority for notification under regulation-6 will clearly define the area proposed for acquisition in the locality by such means as may clearly and unambiguously specify it. A site plan giving reference to an object clearly visible or identifiable should also be part of the scheme. (b) (c) The notification will also call upon all those interested in the land so proposed to be acquired, to file the details of their rights in the said area and the details of the vacant and built up land falling within the said area and any objection which he may have regarding the allotment of TDRs within such time as may be specified, but not less than 30 days. The objections so received shall be considered by a Committee constituted by the Authority and finalize the allotment of TDRs after hearing the persons being affected by the scheme. The final scheme will thereafter be notified by the Authority. Explanation: For the purposes of the regulation-6, the notification of scheme of acquisition and TDRs may be published in two widely read leading news papers (one in Hindi and one in English languages) in the city and giving minimum 30 days time for inviting objections. 8. Development Rights Certificates (DRCs) will be issued by the Vice-Chairman himself and would be specified in accordance with regulation-14 in figures and in words, the FAR credit in square meters of the built-up area of specified land use to which the owner or lessee of the said reserved plot is entitled, the place and land use in which the DRs are earned and the areas and land use in which such credit may be utilized. Explanation: The floor area for the purpose of FAR credit in the form of a DRC shall be equal to the gross area of the reserved plot to be surrendered subject to regulation When an owner or lessee also develops or constructs the amenity on the surrendered plot at his cost subject to such stipulations as may be prescribed by the Vice-Chairman to his satisfaction and hands over the said developed/constructed amenity to the Vice-Chairman, free of cost, he may be granted by the Vice-Chairman a further DR in the form of FAR equivalent to the area of the construction/development done by him, utilization of which will be subject to these Regulations. 10. If a holder of a DRC intends to transfer it to any other person, he will submit the DRC to the Vice-Chairman on the prescribed format for an endorsement of the new holder's name, i.e. transferee on the said Certificate. Without such an endorsement by the Vice-Chairman himself, the transfer shall not be valid and the certificate will be available for use only by the original holder.

4 Page 4 of A holder of a DRC who desires to use the FAR credit certified therein on a particular plot of land shall attach to his application for development permission valid DRCs to the extent required. 12. Irrespective of the location of the land in which they originate, DRCs may be used on any plot in the same zone as that in which they have originated or any other zone except as specified in regulation-13 below. 13. A DRC shall not be valid for use on receivable plots in the areas listed below:- (a) Security zones delineated in the Master Plan, (b) Zones of restricted height delineated in the Master Plan, (c) Airport Funnel Zone. (d) Built-up area delineated in the Master Plan. (e) Heritage zones delineated in the Master Plan. 14. The utilization of the DRCs on account of transfer of development rights will be permissible in the receiving areas/land uses by multiplying the floor area (i.e. floor area equal to the gross area of the plot surrendered) with the coefficient as given below:- (i) Industrial 0.50 (ii) Residential 0.40 (iii) Offices/Institutional 0.30 (iv) Commercial DRCs may be used on one or more plots of land whether vacant or already developed or by the erection of additional storeys, or in any other manner consistent with these regulations, but not so as to exceed in any plot a total built-up FAR higher than that prescribed in regulation The FAR of receiving plot shall be allowed to exceed by not more than 25% in respect of a Development Right transferred to it subject to compliance of Building Bye-laws. 17. DRs will be granted and DRCs issued to an owner or lessee only after the reserved land is surrendered to the Authority free of cost and free of encumbrances. The cost of any transaction involved shall be borne by the owner or lessee. 18. With an application for development permission, where an owner or lessee seeks utilization of a DRs, he shall submit the DRC to the Vice-Chairman who shall endorse thereon writing in figures and words, the quantum of the DRC proposed to be utilised, before granting development permission, and when the development is completed, the Vice-Chairman shall endorse on the DRC in writing, in figures and words, the quantum of DR's actually utilized and the balance remaining thereafter, if any, before issue of completion certificate.

5 Page 5 of A DRC shall be issued by the Vice-Chairman himself as a certificate printed on bond paper in an appropriate form prescribed by the Vice-Chairman. Such a certificate will be a transferable "negotiable instrument" after due authentication by the Vice-Chairman. The Vice-Chairman shall maintain a record of DRCs and their transfers in such registers and in such manner as may be prescribed by the State Government to ensure transparency and integrity of the system. 20. The TDR will be available for utilization within a period of ten years from the date of issue after which it will lapse. It may however be renewed for if held by the original holder and if he was prevented by some reason beyond his control. Explanation: For this purpose, sanction of a building plan whereby the TDR has been utilized, would be the date of its utilization. 21. The surrendered reserved land for which a DRC is to be issued shall vest absolutely in the Authority. 22. The Vice-Chairman shall draw up in advance and make public from time to time a phased annual programme (allowing a 10 per cent variation to deal with emergency development) for utililsation of TDRs in the form of DRs prioritising Master/Zonal Development Plan reservations/land uses to be allowed to be surrendered and indicating the areas for their utilisation on receiving plots. Notwithstanding this, in urgent cases the Vice-Chairman may for reasons to be recorded in writing grant DRs, as and when considered appropriate and necessary.