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Why Every Construction Project Needs a Good Lawyer
Introduction
Building something new from the ground up is always an exciting prospect - whether it's a shiny office tower, a cozy neighborhood of homes, or a massive industrial facility. But construction projects, no matter the size, are also incredibly complex undertakings involving many different people, companies, regulations, and potential legal pitfalls. That's where construction lawyers come in. These advocates protect everyone's interests and make sure projects get done properly and on-time.
So what exactly do construction lawyers do? And why are they so vital for any build? This article breaks it all down in easy-to-understand terms. We'll cover the key roles lawyers play at every stage - from before the first shovel hits the dirt to after the final nail gets hammered. You'll learn how their expertise keeps projects compliant, contracts airtight, and problems from spiraling out of control.
By the end, you'll understand why no construction manager, property developer, or contractor should ever break ground without a skilled legal advocate in their corner. Let's dive in!
Role of Advocate in Construction
To put it simply, construction lawyers are jacks-of-all-trades for the building world. Their cardinal role is being a watchdog over the entire process to make sure everything is above board and no one's rights get trampled.
Looking at some hard data helps quantify just how vital construction lawyers are for successful building projects:
- A 2021 report by PwC found that over 35% of construction disputes end up in costly, prolonged litigation due to poor contract drafting and administration. Having an advocate review phrasing upfront prevents these misunderstandings.
- According to research by Loweringram & Associates, companies with lawyers advising their internal safety committees experienced 32% fewer workplace injuries and violations versus the average jobsite.
- The Construction Financial Management Association estimates that construction firms employing dedicated legal counsel experience up to 17% fewer project delays on an annualized basis.
- In Saudi Arabia, a study revealed that 41% of construction project failures were rooted in noncompliance with government regulations - a remedial area lawyers specialize in.
The proven impact construction lawyers provide in mitigating risks, preventing disputes, safeguarding workers, and dodging delays underscores their indispensable role. The statistics bear out that spending on proactive legal advocacy upfront prevents vastly more expensive headaches down the road.
But that broad oversight requires handling a diverse array of specific tasks and responsibilities. The following are some of the main ones.
Making Sure Everything is Legit (Legal Compliance)
Can you imagine starting a big construction job only to get shut down shortly after for violating some zoning regulation you didn't know about? Or getting blindsided by hefty fines for safety violations? That's the kind of costly headache construction lawyers prevent.
Their deep knowledge of all relevant building codes, environmental rules, permitting procedures, and more allows them to thoroughly vet projects for compliance before a single nail gets hammered. They obtain licenses, file paperwork, coordinate with officials - doing all the legal legal work so you don't have to sweat it.
Putting Everything in Writing (Contract Drafting/Review)
Every construction gig requires rock-solid contracts spelling out the obligations and rights of all parties involved - owners, contractors, subcontractors, etc. Poorly written ones can lead to confusion, disagreements, or getting taken advantage of down the line.
Alt text: A construction advocate drafting or reviewing a contract.
Construction lawyers are true wordsmiths, expertly drafting airtight contracts that cover all the bases - payment schedules, deadlines, change order policies, you name it. And for pre-existing contracts, they have an eagle eye for shady clauses or missing protections that could burn their clients. They'll rewrite and renegotiate until the terms are 100% fair.
Settling Feuds (Dispute Resolution)
Even the smoothest construction projects can have snags - delays, workmanship issues, miscommunications over the design, you get the idea. Whenever conflicts erupt between parties, it can grind everything to a halt if they escalate into costly courtroom battles.
This is where a construction lawyer's mastery of negotiation and mediation skills come into play. They'll step in as an objective third party using legal knowledge to bring everyone to the table, suggest reasonable compromises, and get things moving again. Their goal is finding a cooperative solution so projects wrap up as scripted, no matter how heated things get.
Managing Risks Before They Happen (Risk Management)
Construction sites are essentially danger zones filled with heavy machinery, precarious working conditions, and innumerable ways for accidents to occur. Those mishaps can lead to injuries, regulatory fines, or arduous lawsuits if not handled properly.
Good construction lawyers have a trained eye for identifying risks before they blow up into problems. They analyze contracts and safety plans with a fine-toothed comb, then recommend ways to mitigate those hazards. Things like negotiating more liability coverage into agreements, implementing new jobsite policies, you name it. Their counseling is preventative legal care for construction.
Alt Text: A construction worker ready to work, waiting for the Advocate.
Making Wise Business Moves (Business Plan Development)
For construction firms, a shrewd lawyer's counsel extends beyond active job sites. Their expertise is vital for properly establishing and operating a successful contracting business too.
They'll help owners develop air-tight business plans, sort out legal structures, set up corporate entities, negotiate purchase agreements for property/equipment, sort out tax implications, and more. Think of them as a seasoned advisor for maintaining your company's legal and financial health. That big-picture guidance allows you to scale smarter.
Always By Your Side (Representation and Liason)
Construction projects are dynamic, with constantly shifting circumstances and new issues popping up daily.
That's why in addition to handling major legal undertakings, construction lawyers are also important partners throughout for:
- Attending Meetings & Being Your Voice: They'll join in on planning sessions, contract negotiations, meetings with stakeholders/officials, etc. to advocate for your interests.
- Staying On Top of Things: Lawyers continuously monitor projects for potential new legal wrinkles, delays, or bumps in the road that require their attention and counsel. Think of them as vigilant guardians warding off any surprise risks.
- Keeping Communications lines clear: With so many cooks in the construction kitchen, breakdowns in communication are common. Lawyers make sure all parties stay on the same page and no key details get lost in translation. Clear communication prevents misunderstandings that breed disputes.
- Closing Out Properly: Once the build actually wraps, lawyers cross the final t's and dot the i's to formalize completion, navigate final inspections/approvals, and protect you from any future legal exposure. Think of them as doing the ceremonial double-tap to ensure everything ends solidly.
Common Construction Legal Issues That Lawyers Handle
To provide some concrete examples, here are some of the most frequent legal quagmires construction lawyers help their clients navigate:
- Contract Breaches & Payment Disputes: Perhaps the most ubiquitous issue - when one party fails to uphold their end of the agreed contractual terms regarding things like compensations, material deliveries, workmanship standards, etc. Lawyers step in to interpret the binding language and mediate fair resolutions.
- Construction Defects & Warranty Claims: If completed work does not meet specified standards or prematurely fails, these defect disagreements often escalate into complicated liability cases around who is financially culpable and to what degree. Lawyers help attribute fault and damages based on contractual protections and evidence.
- Worksite Injuries & Safety Violations: Accidental injuries and deaths are all too common on inherently dangerous construction sites. Lawyers protect companies from undue fault while still ensuring victims receive proper compensation. Their risk mitigation advice also prevents future OSHA and other safety infringements.
- Project Delays & Scheduling Conflicts: When deadlines get pushed back due to factors outside someone's control (labor shortages, material delays, etc.), it can disrupt schedules and lead to disputes around culpability. Lawyers help equitably adjust milestone targets while mitigating compounding consequences.
- Plans & Specification Errors: Last-minute design changes, mistakes in architectural renderings, and other plan alterations can derail work, violate municipal codes, and lead to claims if done improperly. Lawyer oversight helps approve modifications correctly to ensure everything is built to spec.
- Environmental Compliance Issues: Construction carries inherent environmental impacts, with an ever-growing list of EPA, state, and local regulations. Lawyers make sure operations conform to policies around airborne contaminants, stormwater runoff, noise pollution, and more.
These are just a sample of the complex legal thickets requiring an experienced advocate's deft handling. Their knowledge across contractual, regulatory, compliance, liability and other practice areas is invaluable for staying out of legal hot water.
So in summary, construction lawyers wear an ensemble of different hard hats - compliance cop, wordsmith, mediator, risk analyst, and seasoned advisor among them. Their versatile know-how is important for keeping all those proverbial plates spinning smoothly on the construction chaos circus.
Handling Risks and Challenges in Terms of Land
Land issues can be a real headache in construction projects. Having a good construction lawyer on your side can make all the difference when navigating these tricky waters. Here's how they help:
Land Acquisition and Ownership
Before you can start building, you need to make sure you've got the right land. This involves:
- Title Searches: Making sure the land's ownership is clear and there are no surprise claims.
- Zoning and Land Use: Checking if you can actually build what you want on that land.
- Environmental Assessments: Looking for any environmental issues that could cause problems.
Your lawyer makes sure all these checks are done properly, saving you from future headaches.
Land Use Permits and Regulations
Getting the right permits is important. Your lawyer can:
- Talk to Local Authorities: They know how to deal with government agencies to get your permits approved.
- Follow the Rules: They make sure your project follows all the necessary regulations.
This helps avoid delays and legal troubles down the road.
Boundary Disputes
Sometimes, neighbors might claim you're building on their land. In these cases, your lawyer can:
- Solve Boundary Problems: Work with surveyors to figure out where the real boundaries are.
- Go to Court if Needed: If talks break down, they'll fight for you in court.
Easements and Right of Way
Sometimes you might need to use a bit of someone else's land for your project. Your lawyer can:
- Get Permissions: They'll talk to neighbors and get the necessary agreements.
- Write Up Contracts: They'll make sure these agreements protect your interests.
Eminent Domain
In rare cases where the government wants to take land for public use, your lawyer will:
- Handle the Process: They'll represent you in these complicated proceedings.
- Fight for Fair Payment: They'll work to get you the best price for your land.
Having a skilled construction lawyer isn't just about avoiding problems - it's about making your whole project run smoother from start to finish.
How to Find the Best Advocate for the Job?
Now that you understand the immense value a good construction lawyer provides, you're probably wondering how to make sure you hire the right one. Here are some key tips:
Look for Specialization and Experience in Construction Law: You wouldn't hire an estate attorney to handle your big commercial build, right? Look for lawyers and firms with a specialization and deep professional background in construction legislation. Those niche experts best understand the unique complexities involved.
Alt text: A professional advocate going through legal terms for land for a smooth process.
- Check Their "Tool Belt'' of Services: Make sure the lawyer's skill set and service offerings match all the areas you need covered - drafting, compliance, dispute resolution, business counsel, etc. You want a true full-service legal partner, not a one-trick specialist.
- Case History Speaks Volumes: Beyond their sales pitch, a lawyer's track record of success on past construction projects is very telling. Ask for examples of how they've tackled similar situations to yours and what outcomes they achieved. Proven results build confidence.
- Straightforward Fee Structure: Construction is an industry where budgets must be meticulously managed, so fee transparency from your lawyer is paramount. Avoid ones whose pricing seems opaque or confusing. Clear, upfront rates prevent surprises.
- Availability and Responsiveness: Construction timelines are rapid-fire, so you need a lawyer who's hyper-accessible and communicative during crunch times. Evaluate their capacity to give your project the time it requires. An absent advocate defeats the purpose.
- Take Personality Fit into Account: Chemistry counts too! You'll be working very closely with this legal partner, so take stock of their listening skills, collegiality, and whether your professional styles seem aligned. Differing approaches can lead to frustration down the line.
By scrutinizing experience, service capabilities, previous wins, pricing, availability, and personality fit, you can feel confident about selecting the right lawyer to protect your construction interests from day one.
The Bottom Line: Construction Demands Comprehensive Legal Advocacy
After examining construction lawyers' diverse roles and responsibilities in such depth, the overarching takeaway should be clear as day - no construction project, whether a single home or billion-dollar infrastructure upgrade, is truly complete without the watchful legal eye of an experienced advocate overseeing all phases and aspects.
The inherent complexities of construction - from its web of ever-evolving regulations to its contractual intricacies and potential legal liabilities - create a minefield of compliance risks that your average person cannot reasonably navigate alone. One minor oversight or mistaken assumption can spiral into costly delays, fines, injuries, lawsuits, and more.
That's why the investment in a specialized construction lawyer is essential for protecting your interests, projects, people, and bottom line.
These legal professionals adeptly wear many hats over a job's lifetime:
- As Compliance Gatekeeper: Ensuring all local, state, and national building codes, environmental protocols, zoning laws, and other regulations get satisfied upfront and ongoing to prevent penalties or shutdowns.
- As Airtight Contract Drafter: Crafting binding agreements with watertight language that explicitly defines each party's obligations while shielding you from risky clauses others may try to sneak in.
- As Neutral Voice for Conflict Resolution: Employing expert negotiation skills to mediate disagreements and suggest compromises when issues like workmanship disputes, delays, or payment quibbles arise between stakeholders.
- As Preemptive Claims Preventer: Scrutinizing internal processes, training, and controls related to areas like construction defects, job safety, environmental impacts, and more to mitigate liability exposure.
- As Trusted Legal Counselor: Providing seasoned strategic advice and advocacy throughout all aspects of construction activities, from initial planning through final completion milestones.
The simple truth is handling all these pivotal legal needs requires a remarkable breadth of knowledge that's impossible for anyone besides a specialized construction lawyer to possess.
So if you're a developer, property owner, general contractor, or other construction firm looking to shed legal blind spots while fortifying your defenses, it's time to explore a true legal partnership. An advocate like those at Foot2Feet can be invaluable allies keeping your projects, business, and interests protected every step of the way.
Why Foot2Feet is The Ideal Construction Advocate
Now that you grasp the vital role construction lawyers play, allow us to introduce ourselves at Foot2Feet. We're a team of highly specialized construction law experts serving the Indian market.
Our experienced advocates intimately understand the unique web of national, state, and local building legislation in India. We've successfully helped construction clients across sectors navigate every legal challenge - from acquiring permits to settling payment disputes, mitigating safety hazards, developing smart contracts, and more.
We take immense pride in being full-service legal partners that construction companies can lean on through all phases of their projects and business operations. Here's a quick overview of our comprehensive capabilities:
- Legal Compliance: We make sure projects adhere to all regulatory T's and C's from day one, preventing costly penalties and shutdowns.
- Airtight Contracts & Documentation: Our lawyers are meticulous wordsmiths in drafting bulletproof contracts, documents, and paperwork that protect our clients' interests.
- Skilled Dispute Mediation: Using deep legal knowledge and diplomacy skills, we help find common ground resolutions that keep projects on schedule when conflicts
- Skilled Dispute Mediation: Using deep legal knowledge and diplomacy skills, we help find common ground resolutions that keep projects on schedule when conflicts arise between parties. We aim to avoid lengthy courtroom battles through negotiation and mediation.
- Risk Mitigation Plans: Our astute legal lens identifies potential jobsite hazards, liability gaps, and other threats before they materialize. We then provide customized strategies to mitigate and transfer those risks.
- Savvy Business Guidance: From setting up your construction firm properly to smart scaling, we advise on all the legal and financial nuances of running an successful contracting operation.
- End-to-End Representation: We're by your side every step of the way - handling paperwork, attending stakeholder meetings, monitoring for new issues, and ensuring your project has a smooth legal closing.
What truly sets Foot2Feet apart is our client-first philosophy. We take the time to deeply understand your unique construction circumstances and objectives. That allows us to then custom-tailor our legal strategies and solutions for maximum effectiveness and value.
Our services are also designed to be a flexible, cost-efficient investment in your long-term success. We have a transparent, easy-to-understand fee model that aligns with your budget and timeline needs. You can bring us on for comprehensive legal partnership or lean on our team for targeted assistance in specific areas of expertise.
No matter the scope, our commitment is providing each client truly indispensable legal advocacy from the initial planning phases until the last nail gets hammered. We are your watchful guardians ensuring your construction projects and business remain legally sound and protected.
If you'd like to learn more about how Foot2Feet can be the legal allies keeping your builds on track, we're just a call or click away. Reach out and let's discuss how our team can be invaluable partners on your next big construction project!
Frequently Asked Questions (FAQs)
Why are advocates important in the process of construction?
Construction lawyers ensure legal compliance, draft contracts, manage disputes, mitigate risks, and provide business guidance. They help prevent costly issues, delays, and penalties.
How can Foot2Feet help you find the best Advocacy in construction?
We at Foot2Feet offer specialized construction law experts with deep knowledge of Indian building regulations. Our team provides comprehensive legal services to ensure your projects are legally sound from start to finish.
How do advocates perform Legal Compliance before, during and after Construction?
Lawyers secure necessary permits before construction, monitor compliance during building, and ensure all final approvals are completed after construction.
What is NOC full form in construction?
NOC stands for No Objection Certificate.
What is the No Objection Certificate for Construction of House?
It's an official document from authorities indicating no objections to the proposed construction plan, ensuring compliance with local building codes and regulations.
Whenever you see a town planning map or a blue print, you come across various terms like open space, amenity space. Here is details explanation in common man’s language for construction related building rules.
FSI (Floor Space Index)
- In general language FSI means permissible built up area on any plot. It is calculated by dividing Built up area by Plot Area.
- FSI = built up area/Plot area.
- E.g. – If permissible FSI for a plot of 1000 Sqft. is 1.10, then we can construct 1100 Sqft. of built up area. (say 225 Sqft on 4 floors or 550SqFt on 2 floors)
- Ducts, Parking floor, basement, architectural treatment are not considered while calculating FSI.
- Depending upon planning authority by-laws, balcony, terrace, staircase, lift, lift machine room are deducted from FSI on payment of premium.
Check FSI in pune https://foot2feet.com/construction-calculator/pmc/fsi-in-pune/
Open Space
- Open space is the space left for recreational activities for the user of that plot. It remains part of the same land under ownership of society.
- Generally we have to leave 10% of total plot area for any building or layout permission.
- Depending upon by-laws smaller plots, gunthewari plots, N.A. plots do not require open space area.
Amenity space
- Generally for plot above 1 acre require 15% amenity space.
- Amenity space is a space to be left for government for planning various public amenities like school, hospital library, fire stations, police chowki etc.
- This space is to be handed over to govt. and owner gets FSI as compensation for land. (In short there is only loss of space but no loss of FSI)
- N.A. plots and smaller plots do not require amenity space.
Paid FSI (Fungible FSI)
- It is additional FSI on any plot after payment of premium amount to planning authority.
- This premium amount depends upon ready reckoner rate of same land.
TDR (Transferable development rights)
- Due to planning authority reservations FSI of one land cannot be utilized entirely on same plot. Hence Government allow plot holder to sell or transfer FSI of his plot. This is called Transferable Development Rights. Buying TDR is like buying virtual land.
- Buyer of TDR can do extra construction on his land.
- One cannot load more TDR than permissible on that land. Maximum Permissible TDR on any plot depends upon Access Road, Land Zone etc…
Checkout The detail information about Transferable Development Rights (TDR) https://foot2feet.com/site/tdr_transferable_development_rights/
Road Widening
- Area of plot falling under proposed or existing road is called as road widening area.
- FSI of this area can be utilized on same plot or converted into TDR.
Carpet area
- Before RERA Carpet area was considered as tile able area in property. It includes room floor area, Balcony area, terrace area, tile area at door jams etc…
- But After RERA (Real Estate Regulatory Act 2016) have modified carpet area concept a bit.
- According to RERA, carpet area include following things
- Room Area
- Internal wall area (wall between 2 rooms of same apartment)
- Dry balcony area (separately mentioned)
- Enclosed Balcony area (separately shown if any)
- Terrace area (separately mentioned) the only difference between RERA carpet & old carpet is that internal wall area is added in RERA carpet.
Built up Area
- Built up area term is most commonly used term in constriction industry. & at same time it has various meaning at various situations. Hence it is necessary to clarify area included or excluded while discussing with built up area. eg –
- For government approvals it is the area covered by a building on all floors including cantilevered portion, mezzanine floors if any but excepting the areas excluded specifically from FSI.
- For buyer / user – It is usable construction area which includes parking, floor area, but excluding footing & foundation area.
- For contractor it is total construction area including parking, 50 % footing, water tank etc.., but excluding top terrace area.
Conveyance Deed
Any construction consists of 2 most important factors first is b.up area & 2nd is land on which building is constructed. After completion of construction builder/developer was supposed to transfer land in name of society (or association of apartment). This transfer process is called as conveyance deed. A survey shows that in almost 80% society this process was not completed.
You can check the more information about conveyance deed here https://foot2feet.com/construction-services/legal-services/conveyance-deed/
Building Control Line
It is the line up to which we can build construction according to planning authority / or any government authority.
Non Agriculture (NA)
- Any land (except land in Gaothan area) is by default agriculture land in India. It is assumed as non-agriculture land only and only after taking NA permission (Non Agricultural use permission) from collector.
- A copy of land conversion is called as NA order.
- For NA land zone plays important role. (Agriculture, industrial , residential)
- Depend upon zone NA can be done. Eg – Industrial NA, farmhouse NA, residential NA, commercial NA.
- NA and R-zone are commonly misunderstood.
- In simple words, NA is procedure to change tax on any land due to change in use of land.
- NA land not necessary to be residential land all time, and similarly residential land not necessarily to be NA land.
- A land which is in residential zone, but its use according to collector/revenue department is agriculture, then the land is not NA. (but this land can be converted into NA after completing NA procedure.)
You can Check more information about Non Agriculture here - https://foot2feet.com/site/na_order_land_conversion/
Side Margin
Side margin is distance to be kept from plot boundary to building line as per Regulations. Calculate how much side margin you need to keep for your building.
https://foot2feet.com/construction-calculator/pmc/side-margin-calculator/
Ready Reckoner Rate
Government rates of land, property is called as ready reckoner rate. These rates are published and regulated by the respective state government. Find Out Ready Reckoner Rates in Pune here - http://www.igrmaharashtra.gov.in/eASR/frmMap.aspx
R zone (Residential)
It is a zone demarcated as residential area in development plan mostly it shown in yellow color any agriculture land cannot converted in residential zone it agriculture/vanikaran land must pass certain criteria for zone conversion. you can use our site feasibility service to know whether your land can be converted or not.
You can check all Types of Land zone
Residential zones – R1 / R2
- Residential Zone R1 includes Residential plots abutting on roads below 9 m. in congested area and below 12 m. width in outside congested area
- Residential Zone R2 includes Residential plots abutting on road having existing or proposed width 9 m. and above in congested area and 12 m. and above in outside congested area.
Whenever you see a town planning map or a blue print, you come across various terms like open space, amenity space. Here is details explanation in common man’s language for construction related building rules.
FSI (Floor Space Index)
- In general language FSI means permissible built up area on any plot. It is calculated by dividing Built up area by Plot Area.
- FSI = built up area/Plot area.
- E.g. – If permissible FSI for a plot of 1000 Sqft. is 1.10, then we can construct 1100 Sqft. of built up area. (say 225 Sqft on 4 floors or 550SqFt on 2 floors)
- Ducts, Parking floor, basement, architectural treatment are not considered while calculating FSI.
- Depending upon planning authority by-laws, balcony, terrace, staircase, lift, lift machine room are deducted from FSI on payment of premium.
Check FSI in pune https://foot2feet.com/construction-calculator/pmc/fsi-in-pune/
Open Space
- Open space is the space left for recreational activities for the user of that plot. It remains part of the same land under ownership of society.
- Generally we have to leave 10% of total plot area for any building or layout permission.
- Depending upon by-laws smaller plots, gunthewari plots, N.A. plots do not require open space area.
Amenity space
- Generally for plot above 1 acre require 15% amenity space.
- Amenity space is a space to be left for government for planning various public amenities like school, hospital library, fire stations, police chowki etc.
- This space is to be handed over to govt. and owner gets FSI as compensation for land. (In short there is only loss of space but no loss of FSI)
- N.A. plots and smaller plots do not require amenity space.
Paid FSI (Fungible FSI)
- It is additional FSI on any plot after payment of premium amount to planning authority.
- This premium amount depends upon ready reckoner rate of same land.
TDR (Transferable development rights)
- Due to planning authority reservations FSI of one land cannot be utilized entirely on same plot. Hence Government allow plot holder to sell or transfer FSI of his plot. This is called Transferable Development Rights. Buying TDR is like buying virtual land.
- Buyer of TDR can do extra construction on his land.
- One cannot load more TDR than permissible on that land. Maximum Permissible TDR on any plot depends upon Access Road, Land Zone etc…
Checkout The detail information about Transferable Development Rights (TDR) https://foot2feet.com/site/tdr_transferable_development_rights/
Road Widening
- Area of plot falling under proposed or existing road is called as road widening area.
- FSI of this area can be utilized on same plot or converted into TDR.
Carpet area
- Before RERA Carpet area was considered as tile able area in property. It includes room floor area, Balcony area, terrace area, tile area at door jams etc…
- But After RERA (Real Estate Regulatory Act 2016) have modified carpet area concept a bit.
- According to RERA, carpet area include following things
- Room Area
- Internal wall area (wall between 2 rooms of same apartment)
- Dry balcony area (separately mentioned)
- Enclosed Balcony area (separately shown if any)
- Terrace area (separately mentioned) the only difference between RERA carpet & old carpet is that internal wall area is added in RERA carpet.
Built up Area
- Built up area term is most commonly used term in constriction industry. & at same time it has various meaning at various situations. Hence it is necessary to clarify area included or excluded while discussing with built up area. eg –
- For government approvals it is the area covered by a building on all floors including cantilevered portion, mezzanine floors if any but excepting the areas excluded specifically from FSI.
- For buyer / user – It is usable construction area which includes parking, floor area, but excluding footing & foundation area.
- For contractor it is total construction area including parking, 50 % footing, water tank etc.., but excluding top terrace area.
Conveyance Deed
Any construction consists of 2 most important factors first is b.up area & 2nd is land on which building is constructed. After completion of construction builder/developer was supposed to transfer land in name of society (or association of apartment). This transfer process is called as conveyance deed. A survey shows that in almost 80% society this process was not completed.
You can check the more information about conveyance deed here https://foot2feet.com/construction-services/legal-services/conveyance-deed/
Building Control Line
It is the line up to which we can build construction according to planning authority / or any government authority.
Non Agriculture (NA)
- Any land (except land in Gaothan area) is by default agriculture land in India. It is assumed as non-agriculture land only and only after taking NA permission (Non Agricultural use permission) from collector.
- A copy of land conversion is called as NA order.
- For NA land zone plays important role. (Agriculture, industrial , residential)
- Depend upon zone NA can be done. Eg – Industrial NA, farmhouse NA, residential NA, commercial NA.
- NA and R-zone are commonly misunderstood.
- In simple words, NA is procedure to change tax on any land due to change in use of land.
- NA land not necessary to be residential land all time, and similarly residential land not necessarily to be NA land.
- A land which is in residential zone, but its use according to collector/revenue department is agriculture, then the land is not NA. (but this land can be converted into NA after completing NA procedure.)
You can Check more information about Non Agriculture here – https://foot2feet.com/site/na_order_land_conversion/
Side Margin
Side margin is distance to be kept from plot boundary to building line as per Regulations. Calculate how much side margin you need to keep for your building.
https://foot2feet.com/construction-calculator/pmc/side-margin-calculator/
Ready Reckoner Rate
Government rates of land, property is called as ready reckoner rate. These rates are published and regulated by the respective state government. Find Out Ready Reckoner Rates in Pune here – http://www.igrmaharashtra.gov.in/eASR/frmMap.aspx
R zone (residential)
It is a zone demarcated as residential area in development plan mostly it shown in yellow color any agriculture land cannot converted in residential zone it agriculture / vanikaran land must pass certain criteria for zone conversion. you can use our site feasibility service to know whether your land can be converted or not.
You can check all Types of Land zone
https://foot2feet.com/blog/types-of-land-zone-its-benefits/
Residential zones – R1 / R2
- Residential Zone R1 includes Residential plots abutting on roads below 9 m. in congested area and below 12 m. width in outside congested area
- Residential Zone R2 includes Residential plots abutting on road having existing or proposed width 9 m. and above in congested area and 12 m. and above in outside congested area
UDCPR 2020 Chapter 14 is all about the Special Schemes as per mentioned in the UDCPR
This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.
Rule No. 14.4 Pradhan Mantri Awas Yojana
14.4.1 For Development Plan area
i) For developable zone
In any developable zone such as Residential/Commercial/Public semi-public/Urbanisable Zone/Urbanisable Zone U - 1, U - 2/Industrial etc., Affordable Housing for the Economically Weaker Sections (EWS) & Low Income Group (LIG), undertaken by Government / any Institutions authorized by the Government or Owner / any Private Developer (hereinafter referred to “the Project Proponent”), shall be permitted, subject to the following conditions -
Conditions :-
1. These Regulations shall only apply to development undertaken under the Pradhan Mantri Awas Yojana, wherein all the tenements shall be constructed for EWS / LIG with the use of the latest technology, subject to condition no.3 herein below.
2. Such Development shall be permitted in the Industrial Zone only after leaving amenity space as per Regulation No.4.8.1. However, no premium shall be charged for allowing residential use in the form of PMAY in the Industrial Zone.
3. The permissible FSI for such projects shall be the maximum building potential on the plot mentioned in Regulation No.6.1 or 6.3 subject to a maximum of 2.5 which shall be treated as allowable basic FSI for such project. No premium FSI or TDR shall be required to be loaded for availing this FSI upto 2.5. However, where building potential as per Regulation No.6.1 or 6.3 exceeds 2.5, in such cases permissibility of availing building potential above 2.5 shall be in the form of premium FSI or TDR or both which may be utilized for the permissible uses under this UDCPR.
4. Out of the FSI allowed in PMAY, 10% of the basic FSI mentioned in Regulation No.6.1 or 6.3, shall be allowed for commercial use.
5. The Municipal Commissioner/Metropolitan Commissioner/Chief Executive Officer/Chief Officer, before granting development permission, shall verify and satisfy himself in respect of the feasibility of providing basic infrastructure facilities like electricity, water supply, sewerage etc. required for the project.
6. The project proponent shall plan a proper internal Road network including major linkage up to outside roads, wherever necessary.
7. The project proponent shall provide all the basic facilities and utilities and on-site infrastructure, such as a Road, Water Line, Drainage Line, Street Light, Waste Water Recycling Plant, etc., at his own cost to the satisfaction of the Authority. In no case shall the burden of providing infrastructure lie with the Authority.
Provided that the project proponent shall lay the water, drainage/sewage lines up to the
nearest existing lines which are laid by the concerned Planning Authority.
8. The carpet area of the tenement shall not be more than the carpet area as may be decided by the Government of Maharashtra from time to time in respect of EWS / LIG
Housing.
9. Amalgamation of two or more tenements shall not be permissible under any circumstances.
10. All other guidelines and norms shall be followed as may be decided by the Government of India or State Government, from time to time in respect of “Pradhan Mantri Awas Yojana”.
ii) For No Development Zone / Agricultural Zone / Green Zone - 1
All above Regulation No.14.4.1(i) with the following modification shall be applicable forPradhan Mantri Awas Yojana to be permitted in No Development Zone / Agricultural Zone / Green Zone - 1.
a) The minimum width of the approach road shall be 9.0 m.
b) The permissible FSI for such projects shall be 1.0 on gross plot area.
14.4.2 For Regional Plan Area
The Regulations No.14.4.1 shall be applicable for Pradhan Mantri Awas Yojana to be permitted
in following areas of the Regional Plan, inrespective zones.
i) In the Mumbai Metropolitan Regional Plan area
a) PMAY shall be permissible in urbanisable zone U - 1, U - 2 / Urbanisable Zone of the entire Mumbai Metropolitan Regional Plan, with FSI and other provisions mentioned in Regulation No.14.4.1(i).
b) PMAY shall be permissible in zones, other than urbanisable zone U-1, U-2 / Urbanisable Zone, within distances mentioned in the following table, with FSI and other provisions mentioned in Regulation No.14.4.1(ii).
ii) In other Regional Plan Area
PMAY shall be permissible in respective zones, within distances mentioned in the following table with FSI and other provisions mentioned in Regulation No.14.4.1(i) & (ii).
Sr.No. | Within distance from | Outer peripheral distance from the Boundary of the Urban Local Bodies where PMAY is permissible |
---|---|---|
1 | Municipal Corporations | 2.0 k.m. |
2 | Municipal Councils / Nagarpanchayats | 1.0 k.m |
Related Regulations
You can visit our other blogs related to Regulations 14 through the below-mentioned links:
Integrated Logistic Park (ILP) in UDCPR 2020
Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020
Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020
Slum Rehabilitation for Pune, PCMC, PCNTDA, and Nagpur in UDCPR 2020
Urban Renewal Scheme in UDCPR 2020
Conservation of Heritage Buildings, Precints, Natural Features in UDCPR 2020
Integrated Information Technology Township (IITP) in UDCPR 2020
Affordable Housing Scheme in UDCPR 2020
Integrated Township Project (ITP) in UDCPR 2020
Zone certificate or zoning certificate is a document which tells zone of whole Survey number or gut number. Remember, zone certificate is not for a particular plot, it gives idea of whole Survey Number.
Example – If a Survey Number is affected by a 24 M road, one side of road is agriculture zone & other side is residential zone, then zone certificate will mention that the survey number includes Part residential zone, part agriculture zone & a 24.0 M wide road.
But it will not tell exact zone of your plot alone. To know exact zone of plot you have to take zoning demarcation in which authority will mark zone colour codes on your mojani certificate copy.
What is Zone Certificate ?
It’s a particular survey number of document by which any one can know about reservations mentioned in the DP. Zone certificate indicates the zones of land such as residential, Industrial Commercial, Agriculture and other details of the land like water bodies, and flood line.
Why Zone certificate is required?
This is required in order to facilitate the proper use of land for different purposes. Each zone is assigned for a specific purpose like residential, industrial, commercial, Agriculture etc. So to know the status of land to do further construction Zone Certificate is required.
Zone Certificate ensures that lands are properly marked for a specific purpose so that a particular zone intended for a specific purpose is not used for a different one.
How to get zone certificate online?
7/12 Extract is the essential document to get the zone certificate which indicates the ownership of land and all details of particular plot for which zoning certificate is required. For PMRDA we have to do online application. An application to Pune Corporation or respective authority is a way to get zone certificate.
Foot2Feet can help you in getting zone certificate in Pune, in PMRDA, in PCMC, in Maharashtra, in Thane, in Mumbai, in Pimpri Chinchwad or any municipal council, corporation & town planning or special planning authority like MMRDA.
How to download zone certificate?
Zone certificate cannot be downloaded. Basically, there is a process of Zone certificate in any city or for any location. Respective planning authority can give zone certificate.
In PMRDA there is an online process for Zone Certificate. We get the certificate within 7/8 working days from date of application. While in PMC, there is an offline process and we get the certificate within 4/5 working days from the date of application.
Zone Certificate Charges
To get zone certificate legal fees of 500 Rs has to be paid to government. Other charges like consultant’s fees & cost of getting 7/12 are separate.
Zone Conversion
Know More about Zone Conversion
Zone change is the process of changing the current zone to the different zone, for instance for agricultural use to non- agricultural use, residential use to commercial use etc. However, a plot owner can do request to change the zone of the property he owes, for its different uses.
Role of Scrutiny Committee in zone Change
A proposal scrutiny committee is being constituted as per the accompanying schedule to scrutinize the proposals for change of use department in the approved regional plan and make recommendations to the government. In the same vein, The approved regional plan, the committee should handle the proposal to change the use of non-development area to residential, commercial sector, public / semi-public sector to residential sector, residential sector to industrial sector, and forest department to include lands with less than 1: 5 slopes in agriculture department.
What is the process for zone Change?
Eventually, to do the application for zone change, the owner with the help of licensed engineer or licensed architect needs to be submit the application along with the all the necessary documents to the district collector office. Likewise, the Government will execute the necessary modification proposal as per the requirement received by the Government itself or in response to the request received from the public as required for the change of the zonef Use in the approved Regional Plan. After that the application get verified by the tahasildar. Further, it checked the revenue clearance and technical clearance. Finally, It issues the conversion order of applied application.
Documents required for zone change
To change the zone of any plot, following documents are required to be submitted along with application of Zone change to the Regional Planning Authority
- Land ownership records
- Certified survey map showing the width of existing road available on site or other evidence of existing road available
- A copy of the standard part map showing the use area as per the approved regional plan of the place
- Color copy of up-to-date satellite imagery showing space boundaries and surroundings (Google Image)
- In case of change of land use department under the proposal, water requirement in accordance with the proposed use department, water supply source and minimum water availability from it.
- Certified copy of the relevant village plan
- Affidavit / Bond letter made by the landholder in the form prescribed in Schedule C if the land under the proposal is to be included in the Residential Use Department at the request of the landholder.Index II
- Other ownership documents as required
- Other useful and supplementary documents / maps as required as required.
Time required for zone change
Well, changing the zone of open plot is quiet lengthy and time consuming process. However, the members of the committee should provide their views on the proposal within 30 days from the date of appointment of the secretary of the committee. The member should clearly give a copy of such proposal in the letter sent to other committee members. So, zone change of a plot may be take upto 1 to 3 months from the date of its application.
Criteria’s for zone conversion in Maharashtra
So if u are thinking to change the zone of your agricultural land, then the Agriculture Land must be minimum 25 Acres and must have 9 M road is the main criteria to change the zone. Subsequently, to convert the industrial zone to residential zone the zone change process needs to be done. Another key thing to remember that no separate process is required to change the commercial zone into residential zone. Likewise, followings points also kept in mind while applying for the zone change as follows –
1. Plot Requirement for zone change
2. Road Width
3. Water Supply Availability
4. Pollution Control
5. Ensuring amenities in the proposals regarding the residential use
6. Consistency with industrial policy
7. Regarding naturally sensitive soils
Fees required for the zone conversion
Another, significant factor in zone change, how much it will cost to change the zone. Well, Challan amount, processing fees and notification fees for zne change as given below –
1. Processing fees and notice publication fees for zone change
To change the zone, the processing fees will be charge at 0.50% amount of land rate or Rs 20,000/- whichever highest which will be nonrefundable.
2. Zone Change Premium
The Following chart will shows us the premium charges for zone change. Whereas, premium for zone change proposal on sr no. 1 to 4 in below table will charge the Annual statements rates of developed land, and Agricultural land rates will be charged as premium for zone change proposal on sr no 5.
Sr No | Zone Change Description | Premium Rate |
---|---|---|
1 | Agricultural and no development zone to residential Zone | 50% |
2 | Agricultural and no development zone to commercial Zone | 75% |
3 | Public Semipublic zone to Residential zone | 20% |
4 | Residential zone to Industrial Zone | 20% |
5 | Afforestation zone to agricultural Zone | 40% |
UDCPR 2020 Chapter 11 is all about the Acquisition And Development Of Reserved Sites in Development Plans as per mentioned in the UDCPR
This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.
11.0 General
These regulations shall be applicable for the areas within the jurisdiction of planning authorities, unless otherwise specified.
11.1 Manner of Development of Reserved Site in Development Plan (Accommodation Reservation Principle)
The use of lands situated within the limits of the Planning Authority which have been reserved for certain purposes in the Development Plan, shall be regulated in regard to type and manner of development/redevelopment according to the provisions mentioned in following Table No.11-A.
When the owner is allowed to develop a reservation, he should have exclusive ownership/title of the land without any restriction under any other Act or Regulations in force.
Table No.11-A - Manner of Development | ||
---|---|---|
Reservation | Person / Authority who may acquire/ develop | Principle For Development through Accommodation Reservation subject to which development is permissible |
1 | 2 | 3 |
1) Recreational - | ||
1.1) Open reservations like Garden, Playground, Children PG, Open Space, Recreation Ground, Recreational Centre, Park, etc. | Planning Authority/Appropriate Authority/Owner | Planning Authority may acquire the land and develop the same for the purpose. If the Land under reservation is owned by any Government agency/Authority, in such cases the Planning Authority may allow such Government agency/Authority to Develop full reservation for the said purpose subject to condition as may be decided by the Authority, and such Developed Amenity shall be open to the general Public.
OR
The Authority, after handing over of 70% of the land of the reservation to the planning authority by the owner free of cost and free from all encumbrances, may allow him to develop the remaining 30% of land as per adjoining use, subject to the following terms/conditions:-
i) The owner shall be entitled to develop the remaining 30% of land for the uses permissible in adjoining zones with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.
ii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI as mentioned in Sr.No.(i) above), to be utilized as per TDR Regulations.
iii) The reservation shall be allowed to be developed in parts. However, it shall be ensured that the Garden and Playground area to be handed over to the Authority shall be a minimum of 1000 sq.m. |
1.2) Stadium, Sports Complex, etc. | Planning Authority/Appropriate Authority | Planning Authority/Appropriate Authority shall acquire the land and develop the same for the purpose. |
1.3) Swimming Tank/Swimming Pool | Planning Authority/Appropriate Authority/Owner | The Planning Authority/Appropriate Authority may acquire and develop the site for the same purpose.
OR
The Planning Authority/Appropriate Authority after acquiring the land or after acquiring and developing the same, as the case may be, leases out as per the provisions of the Municipal Councils/Municipal Corporations/Authority Act, to the Registered Public Institution for developing and running or only for running the same.
OR
The Owner may be allowed to develop according to the designs; specifications and conditions prescribed by the Authority and run the same. |
2) Public Utilities | ||
a) Cremation Ground
b) Burial Ground
e) Water Treatment Plant
f) Water Tank | Planning Authority/Appropriate Authority | The Planning Authority/Appropriate Authority shall acquire the land and develop the reservation for the same purpose. |
3) Commercial | ||
3.1) Market and Mandies -
a) Weekly Market b) Vegetable Market c) Open Market. d) Hawkers Market
3.2) Shopping centres-
a) ShoppingCentre, b) Commercial Complex, c) District Commercial Centre, c) Municipal Market d) Fish Market e) District Commercial (C-2) etc. | Planning Authority/Appropriate Authority/Owner | The Planning Authority/Appropriate Authority shall acquire the land and develop the reservation for the same purpose.
OR
i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed amenity of the total area, mentioned in Note - 1 below this table & as per norms prescribed by the Authority.
ii) The owner shall be entitled to develop the remaining land for the uses permissible in adjoining zones with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.
iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as per TDR Regulations.
iv) Reservation may be allowed to be developed in parts. |
4) Health Facility | ||
a) Health Centre
b) Hospital
d) Maternity Home
e) Veterinary Hospital/Clinic
f) Urban Health Centre
g) Rural Hospital and like | Planning Authority/Appropriate | The Planning Authority / Appropriate Authority may acquire and develop the reservation site for the same purpose.
OR
The owner may be allowed to develop the entire reservation for the intended purpose only.
OR
i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authorityan independent plot along with constructed amenity of total area, mentioned in Note -1 below this table & as per norms prescribed by the Authority.
ii) The owner shall be entitled to develop remaining land for the uses permissible in adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.
iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilised as per TDR Regulations.
iv) Reservation may be allowed to be developed in parts. |
5) Transportation | ||
5.1) Depots and Stands
a) Bus Stand
b) Bus Depot etc.
c) Metro Car Shed
d) MRTS Station | Planning Authority/Appropriate Authority/Owner | The Planning Authority/Appropriate Authority may acquire and develop the reservation site for the same purpose.
OR
The owner may be allowed to develop the entire reservation for the intended purpose.
OR
develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed amenity of total area, mentioned in Note-1 below this table& as per norms prescribed by the Authority. The Authority shall ensure that the constructed amenity to be handed over is of proper size and utilisable for the said use.
ii) The owner shall be entitled to develop the remaining land for the uses permissible in adjoining zones with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.
iii) The Authority if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilised as per TDR Regulations.
iv) In the case of a Bus Stand/Bus Depot, at least 40% of the area shall be kept for parking/ movement of buses.
v) Reservation may be allowed to be developed in parts. |
5.2) Roads Proposed | Planning Authority/Appropriate Authority/Owner | The Planning Authority/Appropriate Authority shall acquire the land and develop the reservation for the same purpose.
OR The Authority may allow the owner to develop the new Development Plan road, along with the construction of the road as per the specifications given by the Authority. After handing over the said constructed road along with the land under the proposed road to the Authority, the owner shall be entitled for TDR and Amenity TDR. The cost incurred for the construction of the road shall be calculated on the basis of the District Schedule of Rates of the Public Works Department. |
5.3) Parking | Planning Authority/Appropriate Authority/Owner | The Planning Authority/Appropriate Authority may acquire and develop the site for the same purpose.
OR
The Planning Authority/Appropriate Authority after acquiring the land or after acquiring and developing the same, as the case may be, is leased out as per the provisions of the Municipal Corporations Act, to the Registered Public Institution for developing and running or only for running the same.
OR
The owner may be allowed to develop the entire reservation for public parking and he shall maintain it for public parking forever. Agreement to that effect shall be executed with the Authority by the owner.
OR
The Owner may be allowed to develop an area of the reservation, subject to the following :-
i) The owner shall develop a parking space according to the designs, specifications and conditions prescribed by the Authority and hand over the constructed parking area equal to the reservation area, to the Authority.
ii) The operation and the maintenance of the facility will be decided by the Authority.
iii) Parking spaces may be in the basement or on stilts or on the first/second floor with separate entry & exit.
iv) After handing over the above-said parking area to the Planning Authority, the owner shall be entitled to construct with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot for other permissible users in that zone.
v) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as TDR Regulations.
vi) Reservation may be allowed to be developed in parts, if the area under such part reservation is 50% or more, out of the total area of the reservation. |
5.4) Truck Terminus or similar | Planning Authority/Appropriate Authority/Owner | The Planning Authority/Appropriate Authority may acquire and develop the reservation site for the same purpose.
OR
The owner may be allowed to develop the entire reservation for the intended purpose.
OR
i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed amenity of total area, mentioned in note-1 below this table &as per norms prescribed by the Authority.
ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.
iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilised as per TDR Regulations.
iv) Reservation may be allowed to be developed in parts. |
6 ) Authority anEducational | ||
(a) Primary School (b) High School (c) College | Planning Authority/Appropriate Authority/Registered Educational Institution Trust/Owner | The Planning Authority/Appropriate Authority may acquire and develop the site for the same purpose.
OR
The Planning Authority/Appropriate Authority after acquiring land or after acquiring and constructing the building on it, as the case may be, leases out the same as per the provisions of the Municipal Councils/Municipal Corporations/Authority Act, to the Registered Public Educational Institution trust for developing and running or only for running the same.
OR
The owner may be allowed to develop the reservation for the same purpose. The Registered Public Educational Institution trust on behalf of the owner may also be allowed to develop subject to terms/conditions as prescribed by the Authority.
OR
i) The Authority may allow the owner to develop the reservation, subject to handing over to the Authority an independent plot along with constructed amenity of total area, mentioned in Note- 1 below this table & as per norms prescribed by the Authority.
ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.
iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI) to be utilized as per TDR Regulations.
iv) Reservation may be allowed to be developed in parts. However, it shall be ensured that a school or college of proper size is constructed. It shall be ensured that the Primary School and High School area to be handed over to the Authority shall be a minimum of 2000 sq.m. |
(c) Educational Complex | Planning Authority/Appropriate Authority/Land Owner | The Planning Authority/Appropriate Authority may acquire and develop the site for the same purpose.
OR
The Planning Authority/Appropriate Authority after acquiring land or after acquiring and constructing the building on it, as the case may be, leases out the same as per the provisions of the Municipal Corporations Act, to the Registered Public Educational Institution Trust for developing and running or only for running the same.
OR
The owner may be allowed to develop the reservation for the same purpose. The Registered Public Educational Institution trust on behalf of the owner may also be allowed to develop subject to terms/conditions as prescribed by the Authority.
OR
If the area of the Educational Complex reservation is more than 1.00 Ha. then, i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed amenity of the total area, mentioned in Note-1 below this table & as per norms prescribed by the Authority.
ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.
iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as per TDR Regulations.
iv) Reservation may be allowed to be developed in parts. |
7) Residential | ||
a) Public Housing /EWS/LIG Housing.
Housing.
c) Housing for Dis-housed.
d) Reservation similar as above. | Planning Authority/Appropriate Authority/Owner | The Planning Authority/Appropriate Authority may acquire the reserved land and develop it for the same purpose.
OR
i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed tenements of not more than 30 sq.m. carpet area each to the Authority, mentioned in Note-1 below this table & as per norms prescribed by the Authority.
ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.
iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as per TDR Regulations.
iv) The Planning Authority/Appropriate Authority shall allot such tenement on priority to the persons dispossessed by the implementation of the Development Plan.
v) Reservation may be allowed to be developed in parts.
OR
The Authority may allow the owner to develop the reservation, subject to -
b) The Planning Authority/Appropriate Authority shall prepare a layout for EWS/LIG plots and allot such plots on priority to the persons dispossessed by the implementation of the Development Plan. The Planning Authority may construct EWS/LIG tenements on such land. |
8) Assembly and Institutional | ||
a) Town Hall
| Planning Authority/Appropriate Authority/Owner | The Planning Authority/Appropriate Authority may acquire and develop the site for the same purpose.
OR
The Planning Authority/Appropriate Authority after acquiring the land or after acquiring and developing the same, as the case may be, leases out as per the provisions of the Authorities' Act to a Registered Public Institution to develop and run or only for running the same.
OR
The owner may be allowed to develop the entire reservation for the intended purpose only.
i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed amenity of the total area, mentioned in Note-1 below this table & as per norms prescribed by the Authority.
ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.
iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as per TDR Regulations.
iv) Reservation may be allowed to be developed in parts. |
9) Public-Semi public | ||
a) Govt. Offices
c) Reservations similar to above. | Planning Authority/Appropriate Authority /Owner | The Planning Authority/Appropriate Authority may acquire and develop the reservation site for the same purpose.
OR
i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority independent plot along with constructed amenity of total area, mentioned in Note - 1 below Table & as per norms prescribed by the Authority.
ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.
iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as per TDR Regulations.
iv) Reservation may be allowed to be developed in parts. |
10) Reservations of composite nature like Vegetable Market & Shopping Centre, Town Hall & Library, etc. | Planning Authority/Appropriate Authority /Owner | The Planning Authority/Appropriate Authority may acquire and develop the site for the same purpose.
Explanation - For the reservation of composite nature, proposed in the Development Plan except for Town Hall & Library, the area of each user shall be considered equal i.e. 50 - 50%, and for Town Hall & Library, the area of the Library shall be 10% of the area of Town Hall and such area shall be allowed to be developed as per the norms applicable for such reservation as mentioned in these regulations. |
11) Reservations that are not included in these regulations but are compatible with other similar types of reservation. | Planning Authority/Appropriate Authority /Owner | The Planning Authority/Appropriate Authority may acquire the reserved land and develop it for the same purpose.
OR
The development permissions for such type of user under this Regulation may be granted by the Authority in consultation with the Divisional Joint Director of Town Planning, subject to verification of compatibility of both the users and as per the norms applicable for such reservation as mentioned in these regulations. |
12) For other buildable reservations shown in the Development Plan that are not covered above | Planning Authority/Appropriate Authority /Owner | The Planning Authority/Appropriate Authority may acquire and develop the reservation site for the same purpose.
OR
i) The Authority may allow the owner to develop the reservation, subject to handing over to the Planning Authority an independent plot along with constructed amenity of the total area, mentioned in Note - 1 below this table & as per norms prescribed by the Authority.
ii) The owner shall be entitled to develop the remaining land for the uses permissible in the adjoining zone with full permissible FSI of the entire Plot and permissible TDR potential of the entire Plot.
iii) The Authority, if required, shall allow the TDR for the unutilized FSI, if any (after deducting in-situ FSI), to be utilized as per TDR Regulations.
iv) Reservation may be allowed to be developed in parts. |
13) Reservations for the Appropriate Authority other than the Planning Authority | Planning Authority/Appropriate Authority /Owner | The Planning Authority/Appropriate Authority may acquire the reserved land and develop it for the same purpose.
OR
The Authority may allow the owner to Develop the reservation subject to the condition that;
i) Wherever the reservation is to be developed by the Appropriate Authority other than the Municipal Corporation, No Objection Certificate from the Appropriate Authority shall be obtained before granting development permission.
ii) The concerned Appropriate Authority (other than the State Government Department) shall deposit the cost of construction for the built-up area to be handed over to it, as per the Annual Statement of Rates with the Planning Authority. However, the Authority shall hand over such constructed area to the State Government / concerned State Government Department free of cost. |
General conditions/notes to allow development under the above regulations :-
i) The percentage of land and construction of amenities to be surrendered to the Authority as per above mentioned regulations for various authorities, shall be as below :-
Sr. No. of above Table | Reservation | Type of Authority | Percentage of total land to be surrendered free of cost & free from encumbrances | Percentage of constructed amenities of the total land area to be surrendered free of cost & free from |
---|---|---|---|---|
1 | 2 | 3 | 4 | 5 |
3 | Commercial | A, B, C Class Municipal Corporations and Development Authorities | 40 | 50 |
4 | Health Facility | |||
5 | Transportation | D Class Municipal Corporations & A Class Municipal Councils. | 40 | 25 |
7 | Residential | |||
8 | Assembly & Institutional | B & C Class Municipal Councils and Nagar Panchayats. | 30 | 20 |
9 | Public-Semi public | |||
12 | Other Buildable Reservations | |||
5.4 | Truck Terminus or Similar | A, B, C Class Municipal Corporations and Development Authorities. | 40 | 10 |
D Class Municipal Corporations & A Class Municipal Councils. | 30 | 7 | ||
B & C Class Municipal Councils and Nagar Panchayats | 20 | 5 | ||
5.1 | Bus Stand | A, B, C Class Municipal Corporations and Development Authorities | 50 | 20 |
D Class Municipal Corporations & A Class Municipal Councils | 40 | 15 | ||
B & C Class Municipal Councils and Nagar Panchayats | 40 | 10 | ||
6 | Education | A, B, C Class Municipal Corporations and Development Authorities | 40 | 50 |
D Class Municipal Corporations & A Class Municipal Councils | 40 | 40 | ||
B & C Class Municipal Councils and Nagar Panchayats | 40 | 30 |
ii) The owner shall be entitled to Amenity TDR against the construction of amenity, if any, as per TDR Regulation.
iii) The word 'Authority' means Municipal Commissioner of Municipal Corporation, Chief Officer of Municipal Council, Metropolitan Commissioner of Metropolitan Development Authority, or Chief Executive Officer of the concerned Authority.
iv) If the area of reservation is not adequate to construct an independent building as mentioned above OR When it is not possible to hand individual plots along with public amenities, then in such cases Authority may allow composite building on said land subject to the condition that the built-up area mentioned as above may be allowed to be handed over to the Planning Authority or Appropriate Authority, as the case may be, preferably on the ground floor and subject to payment of premium (1) for the land required to be handed over to Authority at the rate of 40% of land rate in ASR, without considering the guidelines therein. If the ground floor is utilized for parking, then such a built-up area shall be given on the stilt/first floor with separate entry & exit from Public Street. In such cases, the built-up area (along with a proportionate undivided share in land) shall be handed over to the Planning Authority or Appropriate Authority, as the case may be.
v) In case of the development of reservation of a Bus Stand at Sr.No.5.1, the construction area for allied activities and uses permissible in the Residential Zone may be allowed to be constructed up to FSI of 2.00 of the surrendered plot with the consent of the owner. In such cases, the owner shall be entitled to amenity TDR to that extent. If the plot along with construction is handed over to MSRTC, the regulations applicable to the plot owned by MSRTC shall be applicable to the said plot.
vi) If the owner desires to construct an area of amenity more than what is mentioned above table up to maximum building potential as per Regulation No.6.1, Table 6-A or Regulation No.6.3, Table 6-G, as the case may be, with the consent of the authority, then he shall be entitled for amenity TDR to that extent.
vii) It shall be obligatory for the Authority to make a registered agreement with the developer/owner at the time of granting the development permission subject to terms and conditions as it deems fit. Occupancy Certificate shall be issued only after compliance of all terms & conditions and getting possession of the constructed amenity.
viii) The area/built-up area to be handed over to the Planning Authority under these Regulations shall be earmarked on the sanctioned building plan clearly mentioning the same. After completion of construction, the said amenity shall be handed over by executing the deed of transfer in this respect and expenses thereon shall be borne by the owner. The occupation certificate to the construction belonging to the owner shall be granted only after handing over said amenity to the Planning Authority. The constructed amenity shall be made available to the general public by the Authority within 3 months from possession.
ix) In cases, where permission for development under the accommodation reservation principle is already granted as per earlier regulations, the same shall continue to be valid till the completion of construction.
x) Provisions of Regulations of Inclusive Housing and amenity Space, if any, shall not be applicable for development under this Regulation. Moreover Regulation of required recreational open space shall not be applicable for the development of reservations other than for Residential purposes as mentioned in Sr.No.7.
xi) Notwithstanding anything contained in these regulations, there shall be no cap for utilization of available in-situ FSI/and Premium FSI and TDR potential of the entire plot on the remaining plot.
xii) Once the sanction is granted under this regulation, the owner/developer shall have to complete the development and hand over the developed reservation to the Authority within the period as specified by the Authority. Thereafter Authority may levy a penalty for any delay.
xiii) The development permissions granted under the provisions of Accommodation Reservation provisions and full & final occupation certificate is issued, in such cases the portion/location designated for respective reservation is continued to be in the said reservation, and the rest of the land on which residential/commercial development permission is granted is deemed to be converted into residential/commercial zone to the extent of that area.
xiv) Where appropriate authority for the development of reservation is other than the planning authority, then such appropriate authority may be consulted for the usefulness of the constructed amenity to be handed over, before granting the development permission.
xv) In the case of Nagpur Municipal Corporation, for the development of commercial reservation at Sr.No.3 of Table No.11-A, FSI permissible for the development of reservation shall be as per Regulation No.10.3.1. In such case the construction area to be handed over to the authority shall be 1.5 times of the plot area to be handed over and the owner shall be entitled to utilize entire potential of a reserved plot as per Regulation No.10.3.1.
xvi) This regulation shall not be applicable for the development of amenity space to be provided as per Regulation No.3.5 and Regulation No.4.8.1.
xvii) The norms mentioned above in note (i) for B and C class Municipal Councils, shall apply to non-Municipal Town Development Plans also.
Related Regulations to Rule No. 11-
You can visit our other blog on Regulation 11 through the below-mentioned links:
Regulations for Grant of Transferable Development Rights in UDCPR 2020