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In a significant development, the state government of Himachal Pradesh has recently made amendments to the Himachal Pradesh Town and Country Planning Rules, 2014. The gazette notification for the Himachal Pradesh Town and Country Planning (Ninth Amendment) Rules, 2023 has been issued, allowing residents of the state to regularize their habitable attic floors by paying the applicable fees. The amendments pertain to cases with premium floor area ratio (FAR) up to 0.25.
The draft notification for the amendments was published on May 31 and appeared in the gazette on June 3, inviting objections and suggestions from individuals likely to be affected by the changes. After considering the received objections and suggestions within the specified period, the amendment has now been implemented.
According to the notification released by principal secretary (TCP), Devesh Kumar, the fees for regularizing the area projection below the roof of residential buildings with a height of 2.1 meters or more will vary based on the size. The fees will be Rs 50,000 for up to 40 square meters, Rs 75,000 for 40-60 square meters, Rs 1 lakh for 60-100 square meters, and Rs 1,000 per square meter for areas exceeding 100 square meters. For non-residential purposes, including real estate projects, the rates will be 1.6 times higher than the aforementioned rates.
The new rules state that despite the provisions of any general regulations in force, applicable to any planning or special area under the statutory provisions of the Himachal Pradesh Town & Country Planning Act, 1977, the use of the attic for habitation purposes will be permitted. A premium FAR of 0.25 will be allowed for habitable attics, and an additional fee as prescribed under rule 16(3) must be paid.
However, the attic's height should fall within the maximum permissible height of the building, as specified by the regulations of the development plan or interim development plan, as applicable.
The notification further mentions that for habitable attics, the height of the sloping roof at the eaves can vary from zero to 0.75 meters, and the maximum height of the ridge at the centre is flexible, subject to the building's maximum permissible height. Only the area with a clear height of 2.1 meters in the habitable attic will be considered towards the floor area ratio.
The option of a habitable attic will be available for both residential and other purposes, and a separate fee will be charged for each block. Additionally, it is clarified that habitable basements will be treated as independent storeys.
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