Telangana issues order prohibiting registration of unauthorised plots, buildings

Hyderabad: To ensure planned development in the state, the Telangana government issued guidelines prohibiting the registration of unauthorised plots and buildings. The registration and stamps department issued orders to this effect on 26 August.

The orders will come into force with immediate effect and any violation shall invite stringent disciplinary action, the order issued in the name of T. Chiranjeevulu, the commissioner and inspector general of registration and stamps department, stated.

The new guidelines have been issued in furtherance of the Telangana Municipalities Act 2019 and the Telangana Panchayat Raj Act 2018 that provide safeguards against the registration of unapproved plots, sub-divisions, buildings, and structures.

According to the order, Section 172 (16) of the Telangana Municipalities Act, 2019 stipulates, “No new plot or sub-division shall be registered by the registration authority unless it is approved by the authority as per the provisions of the Act.” Meanwhile, Section 178 (3) of the Act stipulates, “The registration authority shall not register any building or structure or part of the building without the production of a sanctioned plan approved by the municipality.”

Section 113 (8) of the Telangana Panchayat Raj Act 2018 states, “No piece of land for building purposes shall be sold by any owner or developer which is not part of an approved layout: Provided that it shall not be applicable to plots of land in Grama Kantam having an existing building.”

Further, the order also said that Rule 13 (C) of the Telangana Regularisation of Unapproved and Illegal Layout Rules 2015 (Failure to come forward for regularisation of unapproved layouts/plots) specified, “Such unapproved layouts shall be recorded in the prohibitory properties of the registration department and no sale /disposal or transactions shall be allowed in such sites.”

Also, as per Rule 26 (h) of the Common Building Rules, “The registration authority shall register only the permitted built-up area as per the sanctioned plan and only upon producing and filing a copy of such a sanctioned building plan. On the registration document it should be clearly mentioned that the registration is in accordance with the sanctioned building plan in respect of setbacks and number of floors.”

Furthermore, in order to enforce the above statutory and rule positions, the registrations department issued instructions regarding registration of open plots or structures in any panchayat, municipality, or municipal corporation, including the GHMC limits.

According to the fresh instructions, “Only plot in approved/authorised layouts shall be registered. Only the plots in layouts approved as per law by the competent authority and plots which are regularised under LRS (layout regularisation scheme) issued by the government from time to time can be registered. Plots in unauthorised layouts shall not be registered even though the same plot was registered earlier. Authorised structures only shall be registered. Houses, buildings, apartments (flats) or any structures shall be registered only if they have the approval/permission from the competent authority and on the registered document it should be clearly mentioned that the registration is in accordance with the sanctioned building plan.”

The orders also mentioned that the registering authority shall not register any part of a building or structure beyond the approved sanctioned plan. Earlier registration of the structure will not make it registerable now. The structures which have proceedings under BRS (building regularisation scheme)/ BPS (building penalisation scheme) issued by the government from time to time can be registered. However, existing buildings in Grama Kantam can be registered as per provisions of the Telangana Panchayat Raj Act 2018.

Further, it also said that persons seeking registration of properties shall be asked by the registering authority to produce relevant sanction orders/approvals from the competent authority at the time of presentation of the documents.