The Haryana government has come out with a fresh policy for setting up “Guest/Boarding Houses” in residential zones across the state. Guesthouses or boarding houses can be opened on residential plots of at least 500 square yards (420 square metres or 1 kanal). There is no limit on the number of such units in a particular residential sector. What are the various parameters and guidelines formulated by the Department of Town and Country Planning and the urban local bodies of Haryana that will be applicable to these Guest/Boarding Houses?
What shall be construed as a Guest/Boarding House?
A house/dwelling unit that can be rented as a “Pay and Use facility” irrespective of whether meals are served or not, shall be construed as a Guest/Boarding House. The pay-and-use facility shall open to the general public for a period of less than one month.
Where can a Guest/Boarding House be opened?
Guest/Boarding Houses shall be allowed on residential plots measuring 500 square yards or more. There shall be no maximum permissible area limit for such Guest/Boarding Houses in a sector. The clubbing of two plots to make the size 500 square yards under one ownership shall also be allowed. Variation in area, due to demarcation at the site, in the size of the plot up to 10 per cent of one kanal category, shall also be allowed if the said plot falls in the lane of 500 square yard-size plots. The plot where a Guest/Boarding House is to open should abut an existing/ functional sector road with a service road.
In which sectors can Guest/Boarding Houses be opened?
All residential sectors where all internal and external services have are available can have Guest/Boarding Houses.
What is the procedure for getting permission to set up a Guest/Boarding House?
Permission for setting up of Guest/Boarding Houses shall be given to those buildings that are constructed on the site. As far as unbuilt/undeveloped/non-constructed allotted plots in Haryana Shahari Vikas Pradhikaran (HSVP, previously known as Haryana Urban Development Authority, or HUDA) or licenced area is concerned, permission shall also be granted. In such cases, the owners shall produce allotment letter and/or conveyance deed in respect of unbuilt/un-developed plots in HSVP/licenced area.
However, in case of un-acquired pockets, the applicant may apply for seeking CLU permission on prescribed Form CLU-I alongwith scrutiny fee @ Rs 10 per square metre under the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 and Rules thereof in the office of concerned District Town Planner.
The owner of the building is liable to seek permission from the DTCP to run Guest/Boarding House in a developed sector of HSVP, or colonizer (developer)-allotted residential plot where internal services are laid by either HSVP or the colonizer/developer.
Who shall be the competent authority for granting permission?
The competent authority to grant a permission in respect of sites located within limits of Municipal Corporations/ Councils/Committees shall be the Director, Urban Local Bodies Department, or any officer authorised by him.
What shall be the charges involved?
The owner shall be liable to pay 50 per cent commercial conversion charges prescribed for “up to 150 per cent Floor-Area-Ratio (FAR)”, as per Schedule-IV of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Rules, 1965. The FAR commensurate with the residential plot as per provisions of the Haryana Building Code-2017, as amended from time to time, shall be allowed whether the plot belongs to HSVP or a colonizer.
Will External Development Charges also be applicable?
No external development charges shall be levied in case the site is an allotted site of HSVP or is part of licensed colony since HSVP and the licensee/colonizer pay EDC and include the cost of EDC in the cost of the plot itself while allotting/selling the same.
The levy of conversion charges equivalent to 50 per cent of conversion charges applicable to commercial use prescribed for up to 150 per cent FAR is considered sufficient in such cases. However, in case of unacquired pockets/self developed land, full EDC shall be levied while seeking such permission.
Conversion charges equivalent to 50 per cent of conversion charges applicable to commercial use prescribed for up to 150 per cent FAR shall be additional.
Will construction changes be required?
Owner will have to ensure adequate parking of vehicles, for which the front boundary wall of the residential plot will have to be removed. In all such cases, minimum side setback (as per zoning plan) shall be allowed, and the height of the building shall be allowed as per provisions of the Haryana Building Code-2017.
Can the owner sell/ bifurcate the Guest/Boarding House?
The owner shall not be allowed to sell/bifurcate the rooms/flats, and same shall not be covered under the Haryana Apartments Ownership Act, 1983.