In Haryana, the DTCP i.e. Department of Town and Country Planning notified rules for the registration of the fourth floor in HSVP that was earlier known as the Haryana urban development authority and licensed colonies all over the state.
At present, the building plan for the fourth floor can be sanctioned as an independent residential unit. However, the same cannot be registered to allocate land cost among all independent floors.
The Department of Country and Town Planning issued a letter recently and clearly mentioned that the apportionment of land cost should be carried out equally for all independent floors. According to the letter, it is fixed at 50% each for two floors, 33 and 1/3% each for three floors and 25% every four floors.
AK Singh, Principal Secretary, Town and Country planning, in the letter clearly mentioned that zero disintegration of the plot should be allowed and all the independent floor owners should jointly own the entire flat irrespective of which floor they own.
In the letter, it is also cleared that the building should be taller than 16.5 metres i.e. 54 feet approximately.
The department also informed that the building plan for any establishment with a height of more than 15 meters require to have a No-Objection Certificate i.e. NOC from the fire department and a professional should give a thumbs up for having a strong foundation.
Under the rule, it is compulsory to have stilt parking to get the building plans approved for new construction on vacant plots. The same is also mandatory to redevelop structure on the proposed plot. Also, the parking facility is must offer in case the existing establishment wish to add a floor.
As an independent floor, it is compulsory for the fourth floor to allow payment of one-third (1/3rd) of applicable external development charges (EDC) for the dedicated urban areas.
The Haryana Government also directed the financial commissioner (revenue) to follow the land cost apportionment of independent floors for the registration process. Also, the construction cost should be according to the ‘circle rates/collector rates’ according to the notifications that are issued in a timely manner.
The new rules will replace the policy instruction dated November 21, 2018, under Section 11 of the Punjab Scheduled Roads and Controlled Area Restriction of Unregulated Development Act, 1963 and Section 9A of the Haryana Development and Regulation of Urban Areas Act, 1975.
The new rules will come into effect from March 7, 2019.