Monday, April 3, 2023

Haryana Composition Policy- How to make illegal construction legal?

FAR Increase in Gurgaon, Haryana | New FAR by HUDA 2022

 

 Ref: 

THE HARYANA BUILDING CODE, 2017

https://investharyana.in/content/pdfs/The-Haryana-Building-Code-2017.pdf

Haryana government allows more ground coverage on plots, relief for owners

HUDA-HARYANA URBAN DEVELOPMENT AUTHORITY
BUILDING BYE LAWS

HUDA (Erection of building) amendments regulations 2008

Building Regulations

HUDA (Erection of Buildings) Regulations, 1979 (as amended from time to time)
shall apply. The provisions of BIS (National Building Code) shall apply wherever
HUDA (Erection of Buildings) Regulations, 1979 and zoning clauses are silent on
any aspect.

Haryana Building Bye-Laws 2021

https://www.nstayhomes.com/haryana-building-bye-laws-2021

Composition Policy -

https://tcpharyana.gov.in/CIM/DOC/Composition%20Policy.pdf 

 

Removal of the illegal construction from Society

https://vishesh2014.blogspot.com/2019/11/removal-of-illegal-construction-from.html


How to make illegal construction legal?

Bye laws are changed now, such old construction cannot be demolish. And no permission require but only to inform municipality if area of land is more than 300sq mtr.

You can apply for regularisation of unauthorised construction done by you
pay regularisation charges and regularise the construction

In Haryana all the colonies are built up like this. No need to worry as it is old property.

- Besides if any serious issue arises, do file the petition U/s 39 Ss 1&2 for a permanant and temporary injunction to stop the MCR for any demolition.

File an RTI application seeking status of all houses built in the area like layout plan, issuance of notice, action taken etc.

There has been a law which says that if the government has not acted in time then they can’t take the befor of their own fault.

There is a limitation period to take action against every illegal act done by anyone.

If at the time permission was necessary and you had not taken then also authority can’t demolish the same as the limitation period of 12 years has elapsed.

In fact, if you check your Municipal laws then there itself, must be an exemption for buildings built prior to some specific time period.

You can also lodge a complaint on CM window for a quick action
paying your tax on time is very crucial to ensure that your property is not illegal.


Your house built with out taking sanction from the Municipality  does not become legal since the Municipalily has not demolished it for such a long period.

 

However, you can file the WQ.P before the High Court for staying such demolition order on the ground that such construction was the order of old days in yiour area since there are several such buildings which were built in your area without any municipal sanction.

Builder has alloted private terrace to second floor. It is mentioned as private terrace in approved plan That terrace is not included in UDS or buit-up area. Now the second floor owner is going to start the construction in the private terrace.

As per registry Terrace uses rights with second floor owner only owner need to allow other floor member on mutually consent to perform maintenance activity on need basis.

Paying regular taxed to authority. what is the right way to construct floor on terrace by second floor owner.

Owner is ready to pay government taxes and needed fees to make it legal.

what is rule for kaccha construction ?
What is rule for Pacca construction?

As uses right with second floor owners and they have purchased property at higher prices due to this additional benefit of uses rights of terrace.

How to convert B khata to A khata?

Here is the process for B khata to A khata conversion online:

Pay the property taxes and dues on your B khata property
You can apply for DC conversion if you have an agricultural property
Visit the nearest BBMP office and obtain A khata form
Fill the form and submit with required documents
Pay the betterment charges to the Assistant Revenue Officer

It will take 4 to 6 weeks to convert B khata to A khata.

Documents Required for B khata to A khata Conversion

The documents required at the time of application for B khata to A khata conversion:

Title deed and sale deed
Copies of property tax receipts paid previously
DC Order of conversion of the land from agricultural to non-agricultural use
Proof of improvement charges paid
Occupancy certificate
Blueprint of property and location
Khata extract


Regularize Illegal Constructions in Gurgaon with a Composition Fee

Gurgaon: The State Government has decided to levy a ‘composition fee’ to legalize layout plans in the Gurgaon Municipal Corporation limit. The Gurgaon municipal corporation has been suffering from issues related to illegal constructions and violations in zooming regulations and building by laws. To compensate these issues the state government has decided to levy a composition fees for illegal construction in the Gurgaon city limits.Under the decision, the state government has decided to legalize changes in the original building layout plans with the payment of a composition fee.

Ref: https://www.bharatestates.com/blog/28671-regularize-illegal-constructions-in-gurgaon-with-a-composition-fee/


Tribune News Service

Now, turn illegal commercial buildings in Haryana legal by paying fee


The Khattar government’s “sop opera” for urban voters ahead of the parliamentary and Assembly elections continues unabated with the state government unveiling a bonanza for the owners of illegal commercial buildings across the state.

In a decision that would benefit thousands of illegal constructions in the municipal limits of the state, the Haryana Government has fixed new regularisation rates for “one time” regularisation of these buildings. The new rates for Gurugram will be Rs 7,662 per square yard

 

Ref: Hindustan

https://www.livehindustan.com/haryana/story-illegal-construction-will-be-legalised-in-72-colonies-in-gurugram-2180853.html

 

Ref: https://www.nstayhomes.com/far-increase-in-gurgaon-haryana-new-far-by-huda-2022


In September 2019, the Haryana Shahari Vikas Pradhikaran (HSVP), formerly known as the Haryana Urban Development Authority (HUDA), decided to increase the floor area ratio (FAR) in Gurgaon, Haryana. This decision was welcomed by the owners of plots in the region. The decision was made after the department received several suggestions from citizens of Haryana, which were carefully considered by the Department of Town & Country Planning (DTP). These changes have been implemented in both Private Colonies and Haryana Urban Development Authority (HUDA) Sectors, and have been included in the Haryana Building By Laws. As a result of these changes, there is now greater scope for development and construction in Gurgaon, which is expected to have a positive impact on the real estate industry in the region.

Following the revision of the 2016 Haryana Building By Laws, plot owners were granted the opportunity to acquire additional floor area ratio (FAR) by paying a fee approved by the government. In September 2019, this purchasable FAR was further increased in Gurgaon, Haryana. It is important to note that before delving into the FAR increase in Gurgaon, it is necessary to have a clear understanding of what FAR is.


What is FAR?



Floor area ratio (FAR) is a metric used in urban planning and real estate development to determine the maximum amount of built-up area that can be constructed on a given plot of land. This ratio is calculated by dividing the total covered area of all floors (also known as the plinth area) by the area of the plot itself. The resulting quotient is then multiplied by 100 to express the ratio as a percentage. Essentially, FAR determines how much floor area can be constructed on a plot of land, taking into account its size and dimensions. This ratio is a critical factor in real estate development and can have a significant impact on property values and development potential in a given area.

FAR = Total covered area of all floors x 100/ Plot area


New Increased FAR in Gurgaon, Haryana



To better understand the calculations involved in the new floor area ratio (FAR) system, let us consider the example of a 200 square yard plot in Gurgaon. To convert this to square meters, we multiply it by 0.836, resulting in a plot area of 167 square meters.

For this size of plot in Gurgaon, the maximum free FAR is 145 and the maximum purchasable FAR is 119. When combined, the new total FAR becomes 264.

The formula for calculating FAR is: Total area of all floors = (FAR * Plot Area) / 100. Therefore, the total area of all floors for a 200 square yard (167 square meter) plot in Gurgaon would be (264 * 167) / 100 = 441.46 square meters, or 4751.84 square feet.

As per the Gurgaon By Laws, if you plan to use the entire FAR of your plot, you can construct a maximum of four floors. Therefore, the coverage area per floor would be 4751.84 / 4 = 1188 square feet. These calculations are crucial in determining the maximum allowable construction on a given plot of land in Gurgaon, and play a key role in real estate development in the region.

 

Below table has been created in accordance with the new changes of FAR in Haryana.

Plot Size in Sqm Ground Coverage% Normal FAR Purchasable FAR Total
1-75 66 165 99 264
76-100 66 165 99 264
101-150 66 145 119 264
151-200 66 145 119 264
201-250 66 145 119 264
251-350 60 125 115 240
351-500 60 120 120 240
501 and above 60 100 140 240

HSVP/HUDA Clarifies Some More Points

There are several important points to consider regarding the increase in FAR in Gurgaon, as per the new regulations by HUDA:

  1. The increase in FAR will not affect the number of dwelling units permitted on residential plots.

  2. Plot owners will have the option to purchase additional FAR for already constructed or under construction properties. It is important to note that HSVP/HUDA will not mandate the purchase of the maximum allowable purchasable FAR. However, the option for partial purchasable FAR will not be available for fresh sanction of plans or for construction after demolishing an existing structure.

  3. Zoning plans and architectural controls in licensed colonies will be revised to accommodate the new FAR regulations.

  4. If the allottee purchases additional FAR, no further composition of zoning violations beyond the maximum permissible covered area and FAR will be allowed. However, the existing composition policy shall continue in cases where additional FAR is not being purchased. If there is an existing building on a plot where extra area has already been compounded as per policy, the same will be counted in the maximum permissible ground coverage and FAR being allowed as purchasable FAR. No additional cost will be charged for the already compounded area.

It is important to note that achieving complete FAR may be challenging without changing the ground coverage on plots. Therefore, the department has been requested to explore possible solutions to help plot owners achieve complete FAR.

 

No comments: