Section 17 in Andhra Pradesh Building Rules - 2012
17. Grant of Transferable Development Right.
(a)Transferable Development Right" (TDR) can be awarded only when such lands are transferred to the local body / Urban 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.(b)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:(i)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.(ii)For Heritage buildings and heritage precincts maintained with adaptive reuse: equivalent to 100% of built up area of such site area.(c)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 / UDA. The TDR certificate issued would be valid or utilized / disposed only within the concerned local body area and as per guidelines and conditions prescribed.(d)Guidelines On Transferable Development Right. - In order to adopt uniform guidelines throughout the State the following conditions and guidelines are prescribed.(i)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 $$disposed depending on convenience.(ii)A composite Register shall be maintained by the Sanctioning Authority as per the proforma enclosed at Annexure -VIII on the award of TDR and its sale / disposal and utilization. A responsible officer shall be the custodian of the Register.(iii)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.(iv)TDR can either be sold or can be utilized by the same owner depending on convenience.(v)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.(vi)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 as per Annexure - XI.(e)Documents Required With Application For Grant Of Transferrable Development Right Certificate:Application to be made by owner in the prescribed format giving the following details:(i)Name of the owner with clear address, contact phone number, etc.(ii)Copy of the ownership documents along with clear site plan and location plan.(iii)Site Plan showing the land surrendered, its extent, location with dimensions.(iv)Building permission Plan for the site by the urban local body.(v)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.(vi)Whether already benefit of relaxations been utilized for the site?(vii)Whether any Court case is pending against Urban Local Body?(viii)Land value of the site where TDR is to be availed (latest copy from concerned Sub Registrar to be enclosed)(ix)TDR admissible in terms of sq.m and equivalent land value.
