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The Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of Impact Fee) Rules, 2024

State Rules of Uttar Pradesh · 197317,068 characters of text

The enactment

TypeRules
Year1973
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source
TextPublished as one document, as the source published it

Full text

The source publishes this enactment as a single document rather than provision by provision, so the whole text is below and there are no per-section pages for it. Nothing has been shortened.

8-3099/406/2023-3ra Gni 41-#1 ffilt2R9Srtn-3-31TEMY kid 910 1L,w fa14M-Part(I) 1/113063512025 Uttar Pradesh Shasan Aawaas evam Shahri Niyojan Anubhag-3 In pursuance of the provisions of clause (3) of Article 348 of Constitution, the Governor is pleased to order the publication of the following English translation of Notification no.

1.13..0.68,/j./2025/8-3099/406/2023 Part- ldated .D.4..Nal/.0steliref; 2025.

Notification No2/113 06st(2025/8-3099/406/2023 Part-1 Lucknow; Dated: eat tiOateber, 2025.

In exercise of the powers under clause (c) of sub-section (2) of section 55 read with sub-section (2) of section 15 of the Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act no. II of 1973) read with section 21 of the Uttar Pradesh General Clauses Act, 1904 (U.P. Act no. 1 of 1904), the Govemor is pleased to make the following rules with a view to amend the Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of Impact Fee) Rules, 2024 The Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of Impact Fee) (First Amendment) Rules, 2025 Short title, commencement and application

1. These rules may be called the Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of Impact Fee) (First Amendment) Rules, 2025 They shall come into force with effect from the date of their publication in the official Gazette.

They shall be applicable to all the development areas in the State of Uttar Pradesh.

Amendment of Rule 2

2. In the Uttar Pradesh Urban Planning and Development (Assessment, Levy and Collection of Impact Fee) Rules, 2024 (hereinafter referred to as the "said rules") for the existing rule 2 set out in Column-1 below, the rule as set out in Column41 shall be substituted, namely:- Column-I Column-II Existing rule Rule as hereby substituted lit) (a) "Act" means the Uttar Pradesh Urban Planning and Development Act,I 973 (President's Act no. II of 1973);

20) "Act" means the Uttar Pradesh Urban Planning and Development Act,1973 (President's Act no. 11 of 1973);

"Applicant" means any person or body making an application under section 15 of the Act to obtain permission referred to in section 14 of the Act;

(b) "Applicant" means any person or body making an application under section 15 of the Act to obtain permission referred to in section 14 of the Act;

(c) "Approval" means approved by the Authority,

(d) "Authority" means the development authority constituted under section 4 of the Act;

"Approval" means approved by the Authority;

"Authority" means the development authority constituted under section 4 of the Act;

(e) • "Building" means a structure constructed with any materials whatsoever for any purpose, whether used for human habitation or not.

1 83099/436/2013.3410W C,C Dirt I ealirrn.nraiR enifft f4s,d faiIPT-Par1(1) 1/113063$/20V-

(e) "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:

(1) "Built-up area" means the area within a development area as earmarked in the master plan or has been delineated as such by the Authority;

(g) "Covered Area" means the total built-up area on all the floors of a building:

(10 "Development" with its grammatical variations and connotations, 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 re-development:

(0 "Development Area" means the area declared as development area under section 3 of the Act;

0) "Government" means the G ovemment of Uttar Pradesh:

(k) "Hierarchy of land uses" means order of various land uses from , lower to higher and viceversa as determined in the zoning regulations:

(I) ; "Impact Fee" means a fee levied upon a person or a body under sub-section (2) of section I 5 of the Act for seeking permission for a higher use or activity in a lower land use in accordance with the zoning regulations;

(m) "Layout plan" means a suband includes: (i) foundation, plinth, walls, floors, roofs, chimneys, plumbing and building strikes, fixed platforms etc., (ii) verandahs, balconies, cornices, projections etc.,

(iii) parts of a building or anything affixed thereto; (iv) any wall enclosing or intended to enclose any land or space, sign and outdoor display structures; etc., (v) tanks constructed or fixed for storage of chemicals or chemicals in liquid form and for storage of water, effluent.

swimming pool. ponds etc., (vi) all types of buildings as defined under the 'use group or occupancy' or based on 'design, height or other features', except tents, shamianas and tarpaulin shelters erected temporarily for temporary purposes (for less than three months) and ceremonial occasions, shall he considered to be "buildings".

(0 (0(i) "Built up area (Master Plan)" in the context of Master Plan means such densely populated area situated within the development area, most of which has been developed as commercial, industrial, residential, or other areas. Here, all the necessary facilities like road, water supply, sewerage, electricity supply etc. are available and have been demarcated as built-up area by the authority under its master plan.

(ii) Built-up area (Building)" in the • vveno.^.. v. aninUltig lV1131.11.11:4.1011 refers to the total covered area on all floors of an immovable property or building.

"Development" with its grammatical variations and connotations, 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 re-development;

"Development Area" means the area declared as development area under section 3 of the Act:

"Government" means the Government of Uttar Pradesh:

"Hierarchy of land uses" means order of various land uses from lower to 2 f1-3099/406/202391Mt Va Writ grfta31111M-3-311EIRT ü ash ibMt-Part(1) I/1110635/2025 division plan approved by the competent authority showing division of any land or portion thereof into more than one plot or parcel for the purpose of sale or otherwise;

higher and vice-versa as determined in the zoning regulations;

(k) "Impact Fee" means a fee levied upon a person or a body under sub-section (2) of section 15 of the Act for seeking permission for a higher use or activity in a lower land use in accordance with the zoning regulations; (n) "Land use means the use of land for which land or building is used or intended to be used as per the provisions of' master plan or the zonal development plan or the layout plan;

(I) "Lay-out plan/sub-division plan" means sub-dividing of any land or part thereof into more than one plot for sale or otherwise, in which the configuration of roads, measurement of plots along with set-back lines and method of development (e.g. rowhousing, semi-detached, detached group housing) should be shown and details of size, use, area of all the plots should be given

(o) "Master Plan" means a plan for the development of land within the jurisdiction of the Authority prepared in accordance with the provisions of the Act; (m) "Land use" means the use of land for which land or building is used or intended to be used as per the provisions of master plan, the zonal development plan or the approved layout plan.

(p) "Owner" includes any person whose name is recorded as owner of the land or building or part thereof in the records of the concerned Authority; (n) "Master Plan" means a plan for the development of land within the jurisdiction of the Authority prepared in accordance with the provisions of the Act;

(q) "Section" means a section of the Act;

(r) "Use permissible conditionally" means the use or activity which may be permitted in a particular land use subject to compliance of terms and conditions laid down in the zoning regulations;

"Non-Built-up area" is the area other than Built-up area (Master Plan) defined above.

"Owner" means a person who has legal rights over any land or building or receives rent or is entitled to receive rent In case the premises are on rent and will also include the following: (1) Any agent or person who receives rent on behalf of the owner, (2) Any agent or person who receives rent or is entrusted with the management of any land or building for religious or charitable purposes,

(3) Any receiver or manager appointed by a court of competent authority who has been given the charge/authority of exercising the rights of the owner in the premises.

(1) "Use permissible generally" means use or activity which may be permitted in a particular land use without any condition in accordance with the zoning regulations;

(t) "Use permissible with special permission" means use or activity which may be permitted in a particular land use with the approval of the Board of the Authority;

"Permitted" means use or activity which may be permitted in a particular laud use without any condition in accordance with the 3 8-3099/401/2023-arram cal nit l'altraR39)TP1-3-31TOTA vel trot ttM faliTIT-Part(1) 1/113063S/202S ful I "Zoning regulations" means zoning of land use and regulations prescribing the uses or activities permissible in different land uses in a master plan or a zonal development plan;

zoning regulations.

(r) "Permitted with conditions" means the use or activity which may be permitted in a particular land use subject to compliance of terms and conditions laid down in the zoning regulations

(s) "Section" means a section of the Act: (v) "Zonal Development Plan" means a plan of a zone prepared in accordance with the provisions of the Act:

(t) "Zonal Development Plan" means a Plan formulated under Section 9 of the Act for development of zones which are part of the development area under the jurisdiction of Authority.

(w) "Zone" means any of the divisions in which a development area may be divided for the purposes of development under the Act,

(u) "Zone" means any of the divisions in which a development area may be divided for the purposes of development under the Act.

2.

(2) Words and expressions. not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.

(v) "Zoning regulations" means zoning of land use and regulations prescribing the uses or activities permissible in different land uses in a master plan, a zonal development plan or approved layout plan.

(2) Words and expressions, not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.

Amendment of 3. In the said rules in sub-rule 1) of rule 3,- Rule 3 (a) for clause (a) set out in Column-1 below, the clause as set out in Column-II shall be substituted. namely:- Column-I Column-11 Existing clause clause as hereby substituted

(a) For uses or activities which are permissible in the built-up area 'generally' or 'conditionally' or 'with special permission' of the Authority.

(a) For uses or activities which are permissible in the built-up area 'generally' or 'conditionally'.

(b) for clause (f) set out in Column-1 below, the clause as set out in Column-II shall be substituted, namely:- Column-I Column-II Existing clause clause as hereby substituted (0 Areas or land parcels which do not form part of any layout plan sanctioned by the competent authority

(1) Omitted Amendment of Rule 4

4. In the said rules for rule 4 set out in Column-I below, the rule as set out in Column-II shall be substituted. namely:- 4 Clots IT Ito clt Arneult..

°raga. PA' NA AP AP Md. MINN:

0,23 711 NA NP 0525 NP Ite/ItAn4 reAurawi Mop I NA NI• 010 AP hulpArhol HP ..4140 On— (0'o! Raga (13 NA NP OfikA 07 Pi ComAerthal Column-I Column-R Existing rule 4(I) Where an application is submitted under rule 3, the impact fee shall be assessed and collected on the gross area of the land parcel on the basis of present circle rate of existing use of land issued by the District Magistrate.

(2) Assessment of impact fee for different uses or activities shall be carried out on the basis of 'impact fee co-efficient' prescribed for various land uses as given in the table below:.

Land Use Zones (Lower to Higher) V.1tertn Ay

11.mutr 11 Om t =OS 400 Ps} a I•eflon • Wk.

7 AprIcultta t Cron tchlwrsc, pats & Pl0yIN0011 I NA' NP NP NP NP NP ;NNW & strni.

pen lie Ottilil lei

0.25 NA NP NP 1125 NP NP Frame Crampon 030 0311 NP 010 NP NP riN gan 0,25 025 NA Oao NP NP Nesidetha 0,50 0.40 0.25 NA NP NP Onhtes 1 Si 0.7£ 0.75 NA NP COMMern al 50 Ii' 135 140 0.5 0 NA * NA: Not Applicable **NI' Not Payable Rule as hereby substituted 4(1) Where an application is submitted under rule 3, the impact fee shall be assessed and collected on the gross area of the land parcel on the basis of present circle rate of existing use of land issued by the District Magistrate. Where such rate is not available, the current residential rate determined by the Authority, shall be applicable.

(2) Assessment of impact fee for different uses or activities shall be carried out on the basis of 'impact fee co-efficient' prescribed for various land uses as given in the table below:- Where:

Notatba Land the Zoo< flu Built-hp Renck-mint MU Mixed Use CI Commercial 1 (Retail/ CHIFSub CND; Batas Sheet) C2 Commercial 2 (Wholcsolot Godown ) Storage) 6 SI Small Wattles LI Large Industries 01) Oflice Usc 9 PSI/ Public and Snni-public Facilities 10 It Traffic and Transportation fawn 12 RtattltallIal (paha. regionalpork,. playmotmdtl 13 GB Green Hell 14 GA Grameen Abaadi 15 A Ahriman!

16 HF Highway Facilitin Exemption from Impact fee Non-commercial and Charitable Activities' Uses (1) (eligible under Income Tax Act) Service and Cottage Industries (2) Group Housing for matted use purpoms (3) Symbol Impact fee not applicable NA Impact foe not payable NP

(3) Impact fee shall be calculated in accordance with the following formulae:

for uses or activities which are permissible 'generally' or 'conditionally':

Plot Area X Circle Rate X Impact Fee coefficient X 0.25 for uses or activities vvhich are permissible with special permission with the approval of the Board of the Authority:

Plot Area X Circle Rate X Impact Fee co-efficient X 0.50

(3) Impact fee for uses or activities which are permissible 'generally' or 'conditionally' shall be calculated in accordance with the following formula:

Plot Area X Circle Rate X Impact Fee co-efficient X0.25 8-30991406/2023-3RZI7T rst 4Tht ncishro -3-311MIT 7111 Oft fjAarc linn714ast11) I/1130635/2025 5 110 Column-I Column-11 Existing sub-rule sub-rule as hereby substituted Subject to the provisions of the Act and these rules, the applicant shall pay the full amount of impact fee upfront as per the demand notice issued by the Vice- Chairman or the Authority, as the case may be. prior to grant of approval.

(1) Subject to the provisions of the Act and these rules, the applicant shall pay the full amount of impact fee upfront as per the demand notice issued by the Vice- Chairman, prior to grant of approval.

(1) a -3099/ 406/ 2073.)41MIT 171i Wirt Thrairip7171-3-37DTA Pei Zint P44.M ihnt-Part I/1130635/ 20?5 Amendment of 5. In the said rules, in rule 5,- Rule 5 (a) for sub-rule(I) set out in Column-I below, the sub-rule as set out in Column-11 shall be substituted, namely:- Column-1 Column-11 Existing sub-rule sub-rule as hereby substituted (I) For all types of uses or activities, whether (1) For all types of uses or activities.

permissible 'generally* or 'conditionally' whether permissible 'generally' or or 'with special permission', the Authority 'conditionally'. the Authority shall publish shall publish a notice in at least two a notice in at least two newspapers having newspapers having circulation in the circulation in the development area development arca inviting objections and inviting objections and suggestions from suggestions from the public. The the public. The minimum duration for minimum duration for submission of submission of objections and suggestions objections and suggestions shall be 30 shall be 15 days from the date of days from the date of publication of the notice.

publication of the notice.

(b) for sub-rule(3) set out in Column-1 below, the sub-rule as set out in Column-II shall be substituted, namely:- Column-I Column-II Existing sub-rule sub-rule as hereby substituted

(3) in case of approval in respect of the uses permissible 'generally' or 'conditionally' the Vice-Chairman and for the uses 'permissible with special permission' the Authority, as the case may be, shall calculate the amount of impact fee and issue demand notice within 15 days to the applicant for payment of the same.

(3) in case of approval in respect of the uses "permitted" or "permitted with conditions". the Vice-Chairman, shall calculate the amount of impact fee and issue demand notice within 15 days to the applicant for payment of the same, Amendment of 6. In the said rules. for sub rule(l) I ) of rule 6 set out in Column-I below, Rule 6 the sub-rule as set out in Column-II shall be substituted, namely:- By Order, Digitally signed by Guru Prasad Porala (P. Oatep2isA(1)2025 PrinciNlIataitary.

6

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