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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.

 

 

 

 

 

 

Applicability of Regulations in Administration in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration 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. 1.4 Applicability of Regulations 

 

i) Development and Construction: Except as hereinafter otherwise provided, these regulations shall apply to all development, redevelopment, erection and/or re-erection of a building, change of user, etc. as well as to the design, construction or reconstruction, additions, and alterations to a building.

 

ii) Part Construction: Where the whole or part of a building is demolished or altered or reconstructed or removed, except where otherwise specifically stipulated, these Regulations apply only to the extent of the work involved.

 

iii) Change of Occupancy/Use: Where the occupancy or the user of a building is changed, except where otherwise specifically stipulated, these regulations shall apply to all parts of the building affected by the change.

 

iv) Reconstruction: The reconstruction in whole or part of a building which has ceased to exist due to an accidental fire, natural collapse, or demolition, having been declared unsafe, or which is likely to be demolished by or under an order of the Authority and for which the necessary certificate has been given by the Authority shall be allowed subject to the provisions in these regulations.

 

v) Development of sites or/and subdivision or amalgamation of land: Where land is to be developed, subdivided, or two or more plots are to be amalgamated, or a layout is to be prepared; these Regulations shall apply to the entire area under development, sub-division, amalgamation, and layout. Provided that, where a developed land, an existing layout/sub-division plan is being altered, these Regulations shall apply only to that part which is being altered.

 

vi) Revised permission: Any development permission granted earlier may be revised provided that, third-party interests established in pursuance of such permissions, if any, are not adversely affected. In such cases, consent from the adversely affected persons shall be necessary if required under RERA. While granting the revised permission, the approved plans and commencement certificate of the earlier permission with office, shall be stamped as ‘SUPERSEDED’ by the Authority.

 

vii) Exclusions: Nothing in these regulations shall require the removal, alteration or abandonment or prevent the continuance of the lawfully established use or occupancy of an existing building or its use, unless, in the opinion of the Authority, such a building is unsafe or constitutes a hazard to the safety of adjacent property.

 

Related Regulations to Rule No. 1 - 

 

You can visit our other blogs on regulations through the below-mentioned links:

 

Other Various Regulations of Administration in UDCPR 2020

 

Definitions in Administration in UDCPR 2020

 

Short Title, Extent, & Commencement in UDCPR 2020

 

Savings in Administration in UDCPR 2020

 

Provisions for Barrier Free Access in UDCPR 2020

UDCPR 2020 Chapter 13 is all about the Special Provisions for Certain Buildings 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. 13.0 General

Special provisions shall be made with respect to certain buildings, as given below. However, this provision shall stand superseded if new directions are issued by the Government.

 

Rule No. 13.1 Provisions for Barrier-Free Access

 

Provisions for barrier-free access in buildings for differently-abled persons shall be as given

below.

 

13.1.1 Definitions

 

i) Non-ambulatory Disabilities :- Impairments that, regardless of cause or manifestation, for all practical purposes, confine individuals to wheelchairs.

 

ii) Semi-ambulatory Disabilities :- Impairments that cause individuals to walk with difficulty or insecurity, individuals using braces or crutches, amputees, arthritics, spastics, and those with pulmonary and cardiac ills may be semi-ambulatory.

 

iii) Hearing Disabilities :- Deafness or hearing handicaps that might make an individual insecure in public areas because he is unable to communicate or hear warning signals.

 

iv) Sight Disabilities :- Total blindness or impairments, which affect sight to the extent that the individual, functioning in public areas, is insecure or exposed to danger.

 

v) Wheel Chair :- Chair used by disabled people for mobility. The standard size of the wheelchair shall be taken as 1050 mm. x 750 mm.

 

13.1.2  Scope

 

These regulations are applicable to all buildings and facilities used by the public such as educational, institutional, assembly, commercial, business, and mercantile buildings constructed on plots having an area of more than 2000 sq.m. It does not apply to private and public residences.

 

13.1.3  Site development

 

The level of the roads, access paths, and parking areas shall be described in the plan, along with the specifications for the materials.

 

1. Access Path/Walkway: The access path from plot entry and surface parking to the building entrance shall be a minimum of 1800 mm. wide having an even surface without any steps. Slope, if any, shall not have a gradient greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to coloured floor material whose colour and brightness is conspicuously different from that of the surrounding floor material or the material that emits different sounds to guide visually impaired persons; hereinafter referred to as “guiding floor material”. Finishes shall have a non-slip surface with a texture traversable by a wheel chair. Curbs wherever provided should blend to a common level.

 

2. Parking :- For parking of vehicles of handicapped people, the following provisions shall be made :-

 

a) Surface parking for two car spaces shall be provided near the entrance for physically handicapped persons with a maximum travel distance of 30.0 m. from the building entrance.

 

b) The width of parking bay shall be minimum 3.6 meter.

 

c) The information stating that the space is reserved for wheelchair users shall be conspicuously displayed.

 

d) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

 

13.1.4 Building Requirements

 

The specified facilities for the buildings for differently-abled persons shall be as follows :-

 

i)  Approach to plinth level

 

ii)  Corridor connecting the entrance/exit for the differently abled.

 

iii)  Stair-ways

 

iv)  Lift

 

v)  Toilet

 

vi)  Drinking Water.

 

i) Approach to plinth level : Every building should have at least one entrance accessible to the differently abled, which shall be indicated by proper signage. This entrance shall be approached through a ramp together with the stepped entry.

 

ii) Ramped Approach: The ramp shall be finished with non-slip material to enter the building. The minimum width of the ramp shall be 1800mm. with a maximum gradient of 1: 12. The length of the ramp shall not exceed 9.0 m. It shall have an 800 mm. high handrail on both sides extending 300 mm beyond the top and bottom of the ramp. The minimum gap from the adjacent wall to the hand rail shall be 50 mm.

 

iii) Stepped Approach :- For the stepped approach, the size of the tread shall not be less than 300 mm. and the maximum riser shall be 150 mm. Provision of 800 mm. high hand rail on both sides of the stepped approach similar to the ramped approach.

 

iv) Exit/Entrance Door :- Minimum & clear opening of the entrance door shall be 900 mm. and it shall not be provided with a step that obstructs the passage of a wheel chair user. Threshold shall not be raised more than 12 mm.

 

v) Entrance Landing :- Entrance landing shall be provided adjacent to the ramp with a minimum dimension of 1800 mm. x 2000 mm. The entrance landing that adjoins the top end of a slope shall be provided with floor materials to attract the attention of visually impaired persons (limited to coloured floor material whose colour and brightness are conspicuously different from that of the surrounding floor material or the material that emits different sound to guide visually impaired persons hereinafter referred to as “guiding floor material”). Finishes shall have a non-slip surface with a texture traversable by a wheelchair. Curbs, wherever provided, should blend to a common level.

 

vi) Corridor connecting the entrance/exit for the differently abled :- The corridor connecting the entrance/exit for the differently abled, leading directly outdoors to a place where information concerning the overall use of the specified building can be provided to visually impaired persons either by a person or by signs, shall be provided as follows :-

 

a)  Guiding floor materials or devices that emit sound to guide visually impaired persons shall be provided.

 

b)  The minimum width shall be 1500 mm.

 

c) In case there is a difference of level, slope ways shall be provided with a slope of 1 : 12.

 

d) Handrails shall be provided for ramps/slope ways.

 

vii) Stair-ways - One of the stair-ways - near the entrance/exit for the differently abled shall have the following provisions :-

 

a)  The minimum width shall be 1350 mm.

 

b) The height of the riser shall not be more than 150 mm. and the width of the tread 300 mm. The steps shall not have abrupt (square) nosing.

 

c)  Maximum number of risers on a flight shall be limited to 12.

 

d) Handrails shall be provided on both sides and shall extend 300 mm. on the top and bottom of each flight of steps.

 

viii) Lifts - Wherever a lift is required as per regulations, provision of at least one lift shall be made for the wheelchair user with the following cage dimensions of lift recommended for a passenger lift of 13 person capacity of Bureau of Indian Standards.

 

Clear internal width1100 mm.
Clear internal width2000 mm.
Entrance door width900 mm.

 

a)  A handrail not less than 600 mm. long at 1000 mm. above floor level shall be fixed adjacent to the control panel.

 

b)  The lift lobby shall be of an inside measurement of 1800 mm. x 1800 mm. or more.

 

c)  The time of an automatically closing door should be a minimum of 5 seconds and the closing speed should not exceed 0.25 m./sec.

 

d)  The interior of the cage shall be provided with a device that audibly indicates the floor, the cage has reached indicates that the door of the cage of entrance/exit is either open or closed.

 

ix) Toilets :- One special W.C. in a set of toilets shall be provided for the use of differently abled with the essential provision of washbasin near the entrance for the handicapped.

 

a) The minimum size shall be 1500 mm. x 1750 mm.

 

b) Minimum clear opening of the door shall be 900 mm. and the door shall swing out.

 

c) A suitable arrangement of vertical/horizontal handrails with 50 mm. clearance from the wall shall be made in the toilet.

 

d)  The W.C. seat shall be 500 mm. from the floor.

 

x) Drinking Water :- Suitable provision of drinking water shall be made for the differently abled near the special toilet provided for them.

 

xi) Designing for Children :- In the buildings meant for the pre-dominant use of the children, it will be necessary to suitably alter the height of the handrail and other fittings & fixtures, etc.

 

Explanatory notes :-


1) Guiding / Warning Floor Material :

 

The floor material to guide or to warn the visually impaired persons with a change of colour or material with conspicuously different texture and easily distinguishable from the rest of the surrounding floor materials is called guiding or warning floor material. The material with different textures gives audible signals with sensory warnings when a person moves on this surface with a walking stick. The guiding/warning floor material is meant to give a directional effect or warn a person at critical places. This flooring material shall be provided in the following areas :-

 

a) The access path to the building and to the parking area.

 

b) The landing lobby towards the information board, reception, lifts, staircases and toilets.

 

c)  Immediately at the beginning/end of the walkway where there is a vehicular traffic.

 

d) At the location abruptly changing in level or beginning/end of a ramp.

 

e) Immediately in front of an entrance/exit and the landing.

 

2) Proper signage :-

 

Appropriate identification of specific facilities within a building for the differently abled persons should be done with proper signals. Visually impaired persons make use of other senses such as hearing and touch to compensate for the lack of vision, whereas visual signals benefit those with hearing disabilities.

 

Signs should be designed and located so that they are easily legible by using suitable letter sizes (not less than 20 mm. high). For visually impaired persons, an information board in brail should be installed on the wall at a suitable height and it should be possible to approach them closely. To ensure safe walking, there should not be any protruding sign which creates obstruction in walking. Public Address System may also be provided in busy public areas.

 

The symbols/information should be in contrasting colours and properly illuminated because people with limited vision may be able to differentiate between primary colours. International Symbol Mark for wheel chair be installed in a lift, toilet, staircase, parking areas, etc., that have been provided for the differently abled.

 

Industrial Building Regulations of FSI, Marginal Distances and Plot Area in UDCPR 2020

For the construction of any building, there is a restriction of floor space to be used. It is called as FSI (Floor space Index). Also, we have to provide distance from the plot boundary which is called as marginal distance or setbacks.

 

UDCPR 2020 Chapter 6 is all about Regulations for FSI & Marginal distance.

 

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. 6.4 Industrial Buildings

 

Minimum plot area, front, side, and rear margins, Permissible FSI, Additional FSI with payment of premium for industrial buildings in the industrial zone shall be as per Table No.6-H given below :-

Table No.6-H

Sr. No.

Min.

Road width (m.)

Plot Size in sq.m.Basic Permissible FSIFSI on Payment of premiumMin. Front Margin in m.Min. Side & Rear Margins in m.
1234567
19Up to 3001.000.403.002.25
29Above 300 and up to 5001.000.403.003.00
39Above 500 and up to 1000 are not special buildings.1.000.404.53.00
412Above 1000 and not being a special building.1.000.404.54.50
512Above 500 and being a special building.1.000.406.06.00

 

Notes : -

 

(i)  In addition to the above, ancillary area FSI up to the extent of 80% of the proposed FSI in the development permission (including Basic FSI, and Premium FSI but excluding the area covered in Regulation No.6.8) shall be allowed with the payment of premium as specified in Regulation No.6.1.1.The notes mentioned below Table No.6-G of Regulation No.6.3, which are relevant in respect of industrial use, shall be applicable.

 

(ii)  In the case of Regional Plan areas, the plots fronting on National Highway, State Highway, and Major District Roads, the building line/control line shall be as per Ribbon Development Rules or as given in Table above, whichever is more.

 

(iii)  Maximum floor height shall be 4.5 m. for industrial buildings. However, greater heights may be permitted as per the requirement.

 

(iv) Buffer zone - For the construction of the industrial building, a 23.0 m. wide buffer zone shall be kept from residential or incompatible zones, wherever necessary. Such buffer zones may form part of a sizable required recreational open space. Roads and marginal distance may also be treated as a part of a Buffer Zone. However, the area of such buffer zone, falling within the plot, shall be counted in gross area for computation of FSI. Where a green belt is shown in the Development Plan between residential and industrial zones, the area of such green belt may be counted in gross area for calculation of FSI, if land under such green belt is owned by the applicant.

Provided that, if the land under the industrial zone is utilized entirely for non-polluting industries, IT/ITES, or like purposes, then such buffer zone/open space shall not be necessary.

 

 

Rule No. 6.6 Calculation Of Built-Up Area For The Purposes Of FSI

 

The outer periphery of the construction floor-wise (P-line), including everything but excluding ducts, voids, and items in Regulation No. 6.8, shall be calculated for the purpose of computation of FSI. The open balcony, double-height terraces, and cupboard shall also be included in the P-line of a respective floor, irrespective of its use/function. If part of the stilt, podium, or basement is proposed for habitation purposes or for the construction that is counted in FSI, then such construction shall also be measured in the P-line in that respective floor.
 

 

Related Regulations to Rule No.6 - 

 

You can visit our other blogs on regulations through the below-mentioned links:

 

What are the Regulations for Height of Building in UDCPR 2020?

 

What is the Calculation of FSI Pline and its exemption in UDCPR 2020?

 

What are the Projections allowed in Front and Side Margin as per UDCPR 2020?

 

Regulations for Permissible FSI in Non Congested Area In Maharashtra in UDCPR 2020

 

What are the Setback, Marginal, Distance, Height in Non Congested Area in Maharashtra in UDCPR 2020

 

What are the Setback, Marginal, Distance, Height, and Permissible FSI in Gaothan or Congested Area in Maharashtra in UDCPR 2020

 

Other Various Regulations of Administration in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration 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. 1.6 Applicability of Other Regulations

 

i) CRZ Regulations—Any development within CRZ areas shall be governed by the Coastal Regulation Zone Notification No.S.O.19(E), dated 6 January 2011, and No.G.S.R. 37(E), dated 18 January 2019, as amended or replaced from time to time, wherever applicable.

 

ii) Restriction in Western Ghat Eco-Sensitive Area - The restrictions in the Western Ghat Eco-Sensitive Area imposed by the notification issued from time to time by the Ministry of Environment, Forest and Climate Change, Government of India, shall be followed.

 

iii) Other Regulations - Any other Restrictions imposed under the relevant regulations/Rules/Acts shall also be applicable, wherever applicable.

 

Rule No. 1.7 Power to Prescribe the Proformas

 

Notwithstanding anything contained in any Appendices/Proformas, provisions in respective regulations shall prevail. The Authority, with the approval of the Government, shall have the powers to prescribe proformas/appendices and/or make amendments in the contents of such proformas/Appendices A to M attached with these regulations.

 

Rule No. 1.8 Power to Decide Charges

 

The charges mentioned in these regulations for additional FSI, premium FSI, rate of interest, or for any other matter shall be subject to amendment by the Government from time to time. Wherever the rate of premium is to be decided based on rates mentioned in ASR, the rate in the ASR shall be of the year of granting the permission.

 

Rule No. 1.9 Meanings as in Acts, Rules, and Interpretations

 

i) Terms and expressions not defined in these regulations shall have the same meaning or sense as, in the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra Act No. XXXVII of 1966), the Maharashtra Municipal Corporations Act, 1949, or the National Building Code, 2005, as amended from time to time, and the rules or bye-laws framed thereunder, as the case may be, unless the context otherwise requires.

 

ii)  The Maharashtra General Clauses Act, as amended from time to time, shall be applicable in case of standard terms and phrases as defined and interpreted therein.

 

iii)  In these regulations, the use of the present tense includes the future tense, the masculine gender includes the feminine and neutral genders, the singular includes the plural and the plural includes the singular. The word "person" includes a corporation as well as an individual; "writing" includes printing, typing, and e-communication, and "signature" includes e-signature, digital signature, and thumb impression of a person unable to sign, provided that his name is written below such impression.

 

iv)  Whenever sizes and dimensions of rooms and spaces within buildings are specified, they shall mean clear dimensions unless otherwise specified in these regulations. However, sizes and dimensions may not be disputed with reference to finished/unfinished surfaces unless they affect the overall dimensions of the building.

 

v)  If any question or dispute arises with regard to the interpretation of any of these regulations the matter shall be referred to the State Government, who, after considering the matter and, if necessary, after giving a hearing to the parties, shall give a decision on the interpretation of the provisions of these regulations. The decision of the Government on the interpretation of these regulations shall be final and binding on the concerned party or parties.

 

vi) In the case of provisions of other Acts/Rules/Regulations that are incorporated into these regulations, the amendments made subsequently in parent Acts/Rules/Regulations will automatically be applicable, wherever applicable, to these regulations.

 

vii) If a Marathi version of these Regulations exists and if there is a conflict in the interpretation of any clause between the English and Marathi versions, then the interpretation of the English version shall prevail.

 

Rule No. 1.10 Removal of Difficulties

 

If any difficulty arises in giving effect to the provisions of this Unified Development Control and Promotion Regulations, the State Government may, by order published in the official Gazette, give such directions, as may appear to it to be necessary or expedient for the purpose of removing the difficulty.

 

Provided that, no such order shall be made after the expiry of a period of 1 year from the date of coming into force of this Unified Development Control and Promotion Regulations.

 

Related Regulations to Rule No. 1 -

 

You can visit our other blogs on regulations through the below-mentioned links:

 

Short Title, Extent & Commencement Administration in UDCPR 2020

 

Definitions in Administration in UDCPR 2020

 

Applicability of Regulations in Administration in UDCPR 2020

 

Savings in Administration in UDCPR 2020

 

Uses Permissible in Commercial Zone in UDCPR 2020

Any city in India is divided into various land use zones: Residential, Commercial, Agricultural, Industrial, etc. So, there is a restriction on the use of land under any zone. For example, You cannot build a Commercial building in an Agricultural Zone, or You cannot build hazardous or high-end Industries in a Residential Zone. So here are the uses permissible in the Commercial Zone as per UDCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

 

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. 4.7 COMMERCIAL ZONE

 

In commercial zones, buildings or premises shall be used for the uses and purposes given below :-

 

i)  Any use permitted in the residential R - 2 zone.

 

ii)  Any commercial use, wholesale establishments with or without storage area.

 

iii)  Uses permissible in a Public Semi-public Zone.

 

iv)  Public utility buildings.

 

v)  Activities permissible in Service Industries.

 

 

Related Regulations to Rule No. 4- 

 

You can visit our other blogs on regulations through the below-mentioned links:

 

Uses Permissible in Various Zones UDCPR 2020

 

Uses Permissible in Development Plan Reservations in UDCPR 2020

 

Uses Permissible in Green Belt Zone and River Protection Belt in UDCPR 2020

 

Uses Permissible in Agricultural Zone in UDCPR 2020

 

Uses Permissible in Public and Semi Public Zone in UDCPR 2020

 

Uses Permissible in Industrial Zone in UDCPR 2020

 

What are the Types of Zones in UDCPR 2020

 

Uses Permissible in Residential Zones R2 in UDCPR 2020

 

Uses Permissible in Residential Zones R1 in UDCPR 2020