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How To Select a Good Builder For a Redevelopment Project

One of the prime factors for successful competition in a redevelopment project is the selection of a good builder/developer. Finding a good and reliable builder is one of the things that causes stress when any housing society starts a redevelopment process. Selecting a builder, Negotiating various terms, and dealing with them and their team is one of the most stressful things, like organizing a wedding.

Selecting an accountable and trustworthy builder can make it difficult to ensure successful redevelopment. A redevelopment project that goes wrong can have disastrous consequences for all residents.

In redevelopment, prevention is most definitely better than the cure. A failed redevelopment can be avoided by following a proper process while selecting a Builder to partner with. Once the Builder is finalized, it is important to incorporate all the legal terms in the development agreement through an expert who is well-versed in various laws of redevelopment that safeguard the corporate interest of the society and its members. This can significantly eliminate the possibility of discrepant situations at a later date.

When selecting a builder, financial and quality aspects must be considered. Most societies focus only on quantitative financial terms, including the carpet area offered to each member, the corpus amount offered, rent for alternative accommodation, and shifting charges and penalties. What is ignored here are the qualitative aspects of the

Builder which would include past experience and track record. Extensive research must be done on the builder’s construction, marketing and legal track record. Some of such alert areas need to be pondered.

Does the builder have a strong brand?
Is the habitable area of the redevelopment at par with the quality and brand of the builder’s salable area?
Is the builder known for violating the acts and rules laid down by authorities?
What are the builder's systems, structures, and strategies?
Does he have a strong in-house team for construction?
Does he have a record of cost and time overruns?
What is his level of implementation expertise?
How well is he connected with sanctioning authority?
What is the builder’s ability to raise equity and debt funding?
Does he use a transparent and consistent financial accounting policy?
Is he easily available to society in case of emergency?
Visit to Redevelopment project where builder completed construction delivered completion in time. Check quality also.
Visit their website, check their references, and speak with their clients.
Construction period—Depending upon the scale of the project, a redevelopment project may take a couple of years or a maximum of three years to complete after the commencement of work on site. The builder should ensure timely completion and physical possession as committed to society.
Experience – Within the profession, a builder has a certain amount of experience in the same field.
Knowledge—A professional must have enough knowledge of their field and be well-informed about the prevailing rules and regulations of the concerned authority. He must ensure the safety of society while he is providing services during construction.
Quality of construction – the builder should ensure good quality materials, proper workmanship and specifications.
Tender documents—The Tender documents should contain extensive and genuine details on the builder's financial, Technical, and general information.

Builder Role In Redevelopment Project

Perform project design and development activities according to customer specifications.
Work with the manager on developing a project plan, budget, and schedule.
Coordinate with PMC to prepare project proposals and contractual documents.
Track project progress regularly and develop status reports to PMC.
Ensure that the project is completed within the allotted budget and timelines.
Builders should ensure that there are clear title deeds for every project.
Builder must first get all the legal, regulatory and statutory clearances.
The builder should confirm if the land has any legal dues.
Builders should secure the required finances from funding institutions. Developers should plan ahead to overcome the shortage of raw materials.
The builder should contact various municipal departments to establish whether any notices or requisitions relating to the property are outstanding.
Builders should avoid or minimize delays in project completion.
Builders should offer quality construction and services.
Developers should sell properties free from encumbrances.

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

For the construction of any building, there is a restriction of floor space to be used. It is called the 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. 6.2 Regulations For Outside Congested Area (Non-Congested Area)

6.2.1 Marginal Distances and Setbacks for Residential Buildings and Mixed Use with Height up to 15.0 m. or as mentioned in the Table No.6-D.

The provisions for minimum marginal distances, as given in Table No.6-D below, shall apply to the Residential buildings, Residential with mixed uses permissible in the Residential Zone, and Residential buildings permissible in other zones.

Table No. 6-D
Sr. No	Description of the road	Min. Plot Size in sq.m.	Min. width of the plot in meters	Min. setback from the roadside in meters	Min. side margins in meters	Min. rear marg- ins in meters	Remarks
1	2	3	4	5	6	7	8
1	Roads of width 30.0 m. and above in local authority area.	450	15	6.0 in the case of A, B, and C class Municipal Corporations and 4.50 in the case of other areas.	3.0	3.0	Side and Rear Margins for building up to 15.0 m. height (excluding parking floor up to 6 m. height)
2	In the case of the Regional Plan area. NH / SH	450	15	4.5 or as specified by Highway rules, whichever is more.	3.0	3.0	Side and Rear Margins for building up to 15.0 m. height (excluding parking floor up to 6.0 m. height)
3	Roads of width 18.0 m. and above but below 30.0 m.	250	10	4.5	2.0	2.0	Side and Rear Margins for building up to 10.0 m. height (excluding parking floor up to 6.0 m. height)
4	Roads of width 15.0 m. and above but below 18.0 m	200	10	3.0	1.5	1.5	Margins for buildings G + 2 or stilt + 3 structure
5	Roads of width less than 15.0 m.	80	6	3.0	1.5 (in the case of semi-detached building, only one side marginal distance shall be permissible	1.5	Margins for buildings G + 2 or stilt + 3 structure
6	Row Housing on roads of 12.0 m. and below	30	3.5	2.25	0.0 (In case of corner plot, 1.50 or building line of adjoining road, whichever is more)	1.5	-- do --
7	Row Housing for EWS / LIG / by public authority / private individual / Slum Upgradation, etc. by public authority	20	3.0	0.9 from the pathway or 2.25 from the road boundary	0.0 (In case of corner plot, 1.5 or building line of adjoining road, whichever is more)	0.9	G + 1 or stilt + 2 structure only

Notes :-

(1) The width of the road in the above table shall govern the requirements in columns 3 to 8.

(2) In the case of Sr.No.1 to 6, structures having higher height may be permitted subject to marginal distance mentioned in Regulation No.6.2.3.

(3) The minimum area of plots fronting on service roads along highways shall be with reference to the actual width of the service road.

(4) For semi-detached buildings, the side margin shall be on one side only. Plots for semi-detached buildings shall be in pairs.

(5) Row-housing plots at the junction of two roads shall be larger to maintain the setback from both roads. Not more than 12 and not less than 3 plots shall be allowed in each block of row housing. Each block shall be separated from the other by a 4.5 m. wide road/pathway or 4.5 m. side marginal distance within the plot or space, including side marginal distance of the plot.

(6) No garage shall be permitted in a building having a stilt or basement provided for parking.

(7) Construction of ottas, railings, barricades, or supporting columns for canopy or porch shall not be allowed in minimum front marginal distances. However, steps may be permitted within 1.2 m. from the building line. Also, supporting columns for the canopy or porch may be allowed within the building line.

(8) In the case of Regional Plan areas, ribbon development rules shall not be relaxed without the consent of the Highway Authority.

(9) In the case of special buildings, marginal distances shall be as per regulations for such buildings.

(10) The plot width-to-depth ratio shall be 1 : 1.5 to 1 : 2.5, as far as possible in the plotted layout.

(11) In Public Housing Schemes for E.W.S. undertaken by government or semi-government organizations, marginal distances shall be as per the respective schemes and rules.

(12) The front setback set out in already approved and partially developed layouts/schemes, may be retained as per original approval, to maintain the building line.

(13) The pattern of development, like semi-detached, row housing, etc., in the already approved layout shall be as per said approved layout.

(14) Where commencement certificate is granted prior to publication of draft development plan or sanction of Development Plan and the plot gets affected by new road/road widening, proposed in the development plan, the front margin shall stand relaxed to that extent.

(15) In case of redevelopment proposal affected by line of street up to 9.0 m. width under the Municipal Council or Municipal Corporation Act or development plan road of up to 9.0 m. width, the front margin shall stand relaxed to the extent of land affected by such proposal (1) subject to a minimum setback of 1.0 m. for roads having a width of 12.0 m. or less and 2.0 m. for roads having a width of more than 12.0 m., from the final line of the street.

(16) Subsidiary structures such as garages (limited to one), outhouses, and independent sanitary blocks may be permitted only in plots having an area of 250 sq.m. or more.

(17) Rear or side marginal distances for development along nallah or watercourses shall be subject to Regulation regarding “Sites Not Eligible for Construction of Building” and “Construction Within Flood Line”. (Chapter 3)

(18) The plots which are substandard in area shall be developed as per marginal distances mentioned in the above table with reference to road width.

(19) In case of plots having approach by dead-end road, (point access) front margin shall be limited to the width of point access.

(20) Building Line along classified roads, as mentioned in Regulation No.3.1.6, shall be applicable for residential buildings defined in Regulation No.1.3.93(i), and Control Line along classified roads shall be applicable for other uses or for commercial uses as mentioned in Regulation No.3.1.6 or for mixed-use buildings where non-residential uses are proposed at least 50% or more of total proposed built-up area.

Rule No. 6.2.2 Other Buildings

The Provision in respect of minimum road width, minimum marginal distances, etc., as given in Table No.6-E below, shall apply for different categories of other buildings.

Table No. 6. E
Sr. No	No Type of building	Minimum road width required	Minimum marginal distances	Other stipulations
1	2	3	4	5
1.	Medical buildings
	a) Hospital, Maternity Homes, Health Club, Clinics, etc., buildings not being special buildings	9.0 m. in case of A, B, C class Municipal Corporation, Metropolitan Authority Area and 7.5 m. in case of other areas.	Margins as per Table No.6-D subject to side marginal distance of the minimum 3.0 m.	NIL
	b) Hospital, Maternity Homes, Health Clubs, etc. buildings under the category of special building.	Road width as required for Special Buildings. (Regulation No.3.3.9)	6.0 m. on all sides	Height of the building is subject to provisions of the the Maharashtra Fire Prevention and Life Safety Measures Act 2006.
2.	Educational buildings
	a) Pre-primary School	On any road.	Margins as per Table No.6-D	Other requirements shall be as mentioned in the Table No.7-A of Regulation No.7.1. Height of the building is subject to provisions of the Maharashtra Fire Prevention and Life Safety Measures Act 2006.
	b) Primary School not being a special building.	6.0 m.	-- do --
	c) Other educational buildings are not special buildings.	9.0 m.	3.0 m. on all sides
	d) Any building of category a, b, c above being a special building.	Road width as required for Special Buildings	6.0 m. on all sides
3.	Public-Semi Public Building
	a) The Public-Semi Public Building is not The heightThe height,a special building.	9.0 m.	Margins as per Table No.6-D subject to side marginal distance of a minimum of 3.0 m.
	b) Public-Semi Public Building being a special building	Road width as required for Special Buildings	6.0 m. on all sides
4.	Cinema Theatre
	Cinema Theatre / Drama Theatre / Assembly Hall / Multiplex / Shopping Malls	12.0 m.	Front - 12.0 m. (only on one major road). 6.0 m. on all remaining sides	i) In case of cities having a population more than 2.5 lakhs as per the latest census, redevelopment of existing cinema theatre on plots shall be allowed subject to the condition that at least 1/3rd of the existing seats shall be retained, which shall not be below 150 seats and may be developed in combination with user permissible in R-2 zone. ii) For the redevelopment of the existing theatre, marginal distances, including the front margin as per these regulations shall not be insisted upon. Redevelopment shall be allowed as per existing setback distances. Parking areas required as per these regulations shall not be insisted on; however, existing parking areas shall be maintained. iii) In cases where redevelopment of the existing Cinema Theatre is carried out on the same place with a capacity more than the existing capacity in the form of single or multiscreen cinemas, then the owner/developer shall be allowed FSI potential mentioned in columns 6 or 9, as the case may be, of Table No.6-G at the rate of 20% land rate mentioned in Annual Rates of Statement without considering guidelines therein, for the additional capacity. iv) The existing Cinema Theatre shall be allowed to be relocated and constructed at some other place within a distance of 5 km. In such case, the original site shall be allowed to be developed as per uses permissible in the adjoining zone. Construction of Cinema Theatre / Multiplex shall conform to the provisions of Maharashtra Cinema (Regulations) Rules, 1966, and as amended from time to time, except the provisions mentioned above. v) For the redevelopment of a Cinema plot having an area less than 1000 Sq.m., and if redevelopment of existing cinema theatre on such plot is not possible considering the other requirements in these regulations, the condition of providing at least 1/3rdof the existing seats or minimum 150 seats for cinema theatre shall not be insisted. In such cases, users permissible in adjoining predominant zones shall be permissible with special permission of the sanctioning authority.
5.	Mangal Karyalaya
	a) Mangal Karyalaya and like buildings not under the category of special buildings.	Road width as required for R-2 zone.	3.0 m. on all sides.
	b) Mangal karyalaya and like buildings under the category of special buildings.	12.0 m.	6.0 m. on all sides.
6.	Fuel Stations
	Fuel Filling Stations / including Petrol / Ethanol / LPG / CNG etc., Public Charging Stations for Electric Vehicles with or without service bay	9.0 m.	4.5 m. on all sides	i) In case the plot is located on any Classified road in the Regional Plan area, the distance from the junction of roads as may be specified by the Indian Road Congress/ Ministry of Road, Transport and Highway, shall be followed. (IRC guideline 2009 and MORTH Letter No.RW/NH-33023/19/99-DOIII, Dated 25.09.2003 as amended from time to time) ii) NOC from the Chief Controller of Explosives shall be necessary. iii) In a plot of Fuel Filling Station, other buildings or composite buildings for sales offices, snack bars, restaurants, public conveniences, the or like activities may be permitted. The FSI shall not exceed 0.25 and underground structures along with kiosks shall not be counted towards FSI.
7.	Mercantile Buildings.
	a) Mercantile / Business / Hotel / Commercial building under the category of special buildings.	Road width as required for Special Building.	Front 6.0 m. Side & rear 6.0 m.	i) Shops may also face on side and rear of a plot. ii) Minimum width and area of the Shop shall be as per the convenience of the owner/developer. iii) In case of construction of shops/offices only on the ground floor (not being a special building) side and rear marginal distance shall be as per Table No.6-D.
	b) Mercantile / Business / Hotel / Commercial building not under the the category of special buildings	Road width as required for R-2 zone.	Margins as per Table No.6- D subject to side marginal distance of a minimum 3.0 m.
	c) Shopping is convenient in the R-1 zone.	On any road.	Margins as per Table No.6- D.	-
8.	Stadium
	Stadium with Pavilion	12.0 m.	6.0 m. on all sides	The covered portion of the spectator’s gallery shall not exceed 25% of the plot area, which shall not be counted towards FSI. Shops below the spectator’s gallery may be permitted which shall not be counted towards FSI. In addition to this, ancillary offices, sports person accommodations, and public convenience-like structures may also be permitted which shall not consume more than 0.10 FSI on the gross plot area.

Note :

i) In case of plots fronting on National Highways, State Highways, and Major District Roads in the Regional Plan area, the building line shall be as per Ribbon Development Rules or as given in the accommodations above, whichever is more.

ii) Side and rear marginal distances mentioned in the above Table shall be subject to Regulation No.6.2.3, whichever is more.

iii) In the case of special buildings, marginal distances shall be as per regulations for special buildings.

iv) A stadium should desirably accommodate 400 m. running track.

v) For the above buildings, permissible FSI shall be as per Regulation No. 6.3, unless otherwise

specified above.

vi) Point access (approach by dead-end road) to a plot shall be considered for the minimum road

width requirement mentioned in the above table. In such a case, the front margin shall be applicable for

the width of the point access road.

vi) The provisions about Cinema Theatre in column 5 of Table No.6-E shall be applicable to

Cinema Theatres in congested areas also.

Rule No. 6.2.3 Marginal distances for buildings of heights more than mentioned in Table No.6-D of Regulation No.6.2.1

(a) Front Margin - The front margin shall be as given in Table No.6-D and shall be applicable to a building irrespective of its height.

Provided that, in the case of group housing schemes where the building abuts an internal road, the minimum is 3.0 m. set back from the internal road or distance between two buildings, whichever is more, shall be provided. For Development/Regional Plan roads or classified roads or through roads, passing through Group Housing Schemes, the setback as prescribed in these regulations shall be provided.

(b) Side or rear marginal distance - Side or rear marginal distance in relation to the height of the building for light and ventilation shall be as below :-

The marginal distance on all sides shall be as per Table No.6-D / Table No.6-E for building height or floors mentioned therein. For height, more than stipulated in Table No.6-D / Table No.6-E, the marginal distance on all sides, except the front side of a building, shall be a minimum H / 5 (Where H = Height of the building above ground level).

Provided that, such marginal distance shall be subject to a maximum of 12.0 m. from the plot boundary, and the distance between two buildings shall be (1) as per Regulation No.6.2.4.

Provided further that, in case of redevelopment of the building which has ceased to exist in consequence of accidental fire / natural collapse/demolition for the reason of the same having been declared dangerous or dilapidated or unsafe by or under a lawful order of the authority or building having an age of more than 30 years, such marginal distance may be allowed upto 6.0 m. for a height of building upto 45 m. For the redevelopment of smaller plots having an area less than 1000 sq.m., one of the side margins/rear margins of 6.0 m may be relaxed subject to Fire NOC in case of bonafide hardship.

Provided further that, such marginal distance from recreational open space shall be 3.0 m. in case of non-special buildings and 6.0 m. in case of special buildings, irrespective of its height.

Provided further that, the building height for the purposes of this regulation and for calculating the marginal distances shall be exclusive of the height of parking floors up to 6.0 m.

Provided further that, where rooms do not derive light and ventilation from the exterior open space, i.e., dead walls, such marginal distance may be reduced (1) to 6.0 m. in the case of a special buildings and 3.0 m. in the case of other buildings.

Provided further that the plot/land of the owner falls within the jurisdiction of more than one authority, then continuous building (without leaving a margin on the boundary of the authorities) may be allowed with the consent of the other Authorities.

(c) Provision for Step Margin :- Step margins may be allowed to be provided on upper floors to achieve required side or rear marginal distances as mentioned in these regulations subject to a minimum marginal distance of 6.0 m. on ground level in case of special building.

This provision shall also be applicable to congested areas.

Rule No. 6.2.4 In the cases of layouts of two or more buildings in a plot for any uses :-

Distance between two buildings :- The distance between two buildings shall be the side / rear marginal distance required for the taller building between the two adjoining buildings.

Provided that, the pathway / internal road may be allowed to be proposed in such marginal distance.

Rule No. 6.2.5

In the case of a group housing scheme where the building abuts on an internal road, the minimum is 3.0 m. set back from the internal road or distance between two buildings, whichever is more shall be provided. For Development plan road/Regional plan road or classified road or through road, passing through Group Housing Scheme, normal setback as prescribed in the regulations shall be provided.

Rule No. 6.2.6 Buildings Abutting Two or More Streets

When a Building abuts two or more streets, the setbacks from the streets shall be such as if the building is fronting on each of such streets.

Related Regulations to Rule No.6 -

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

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?

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

Regulations for Permissible FSI 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

Additional Regulations in Aurangabad in UDCPR 2020

UDCPR has a Unified rule, which means that instead of having numerous regulations for every city/region in the state, it is better to have a single rule for all cities in Maharashtra.

But due to some geological conditions or some other restrictions the regulations may vary a bit for some regions in Maharastra.

For Example, the Coastal Region, Hilly Region, Densely Populated Region, and Gaothan can't have the same type of rules, and the rules differ according to them.

UDCPR 2020 Chapter 5 is all about Additional Provisions for Regional Plan Areas.

This is Applicable to all Planning Authorities and Regional Plan Areas except the 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. 5.12 Aurangabad Regional Plan

The Tourism Development Strip is shown in the Tourist Complex of Mhaismal Giristhan, Tourist Complex Sulibhanjan, Tourist Complex Verul, and Tourist Complex Doulatabad.

Notwithstanding anything contained in these rules, the following Building users will be permissible in this Zone -

Conventional Hotels, Including cottages for tourists.

i) Canteens / Restaurants & Tea stalls, including pan shops.

ii) Baths & Toilets for camping sites providing for tents/caravans

iii) Public utilities and services like an information center, tourist reception center, telephone

booths, first aid center, health farm, gymnasium , indoor game hall and lawn tennis court, structures for recreation purposes such as an Amusement Park, water sports facilities, marine jetties & pontoons for docking of boats, swimming pools, boat house, and like, with following restrictions -

a) Minimum plot size should be 100 m. x 50 m. irrespective of holdings.

b) 12.0 m. service road should be provided

c) Minimum 6.0 m. side margin from all sides should be provided. Similarly, ribbon

development Control Rules should be observed.

d) The permissible FSI shall be 0.2 on gross plot area without payment of premium and up to 1.00 with payment of premium at the rate of 20% of the land rate in ASR of said land, without considering the guidelines therein.

e) Sculpture tree plantation along the service road to be carried out with the help of the Social Forest Department. Plantation at the rate of 300 plants per Hectors to be carried out before

commencement of work.

f) In this strip, users of tourist interest are only be permitted.

On the plots, for which regular N.A. and/or layouts are sanctioned and which area is affected by this strip, the above-said users shall only be permitted, keeping the area & the shape of the plot intact as per sanction.

Related Regulations to Rule No. 5 -

You can visit our other blogs related to Regulations 5 through the below-mentioned links:

Additional Rules for Regional Plan Area than Basic UDCPR Rules in UDCPR 2020

Additional Regulations for Thane, Raigad, Palghar Regional Plan in UDCPR 2020

Additional Regulation for Ratnagiri in UDCPR 2020

Additional Regulations for Kolhapur in UDCPR 2020

Additional Regulations for Satara in UDCPR 2020

Additional Regulations for Hingoli, Buldhana, Washim, Yavatmal, Nanded Regional Plan in UDCPR 2020

Additional Regulations for Raigad in UDCPR 2020

Additional Regulations for Solapur in UDCPR in 2020

Additional Regulations for Pune in UDCPR 2020

Development and Redevelopment Of Staff Quarters Of the State Government or Its Statuary Bodies or Planning Authority in UDCPR 2020

UDCPR 2020 Chapter 7 is all about Higher FSI for Certain Uses 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. 7.3 Development/Redevelopment Of Staff Quarters Of the State Government or Its Statuary Bodies or Planning Authority

7.3.1

Construction/reconstruction of staff quarters of the State Government or its statutory bodies or Authority shall be permitted on land belonging to such Authorities which are situated in developable zones such as Residential/Public Semi-public/Commercial Zones, etc. on the following conditions.

7.3.2

The basic FSI specified in these regulations may be allowed to be exceeded as per the following table on the gross plot area solely for the project of construction of staff quarters (hereinafter referred to as - staff quarter project) for the employees of the Government, or its statutory bodies or the Planning Authority (hereinafter collectively referred to as - User Authority), on land belonging to such User Authority, by the PWD of the Government of Maharashtra or MHADA or Maharashtra Police Housing Corporation or Planning Authority or any other Public Agency nominated by the Government for this purpose, which may also include any Special Purpose Vehicle, wherein the Government or a fully owned Company of the Government holds at least 51% equity share (hereinafter collectively referred to as - “implementing Public Authority”).

7.3.3

Road width and plot area	Maximum permissible FSI including basic FSI
18.0 m or above, minimum plot area 4000 sq.m and above	3.00
12.0 m or above but below 18.0 m.	2.50

7.3.4

For the purpose of calculating the FSI, the entire area of the plot, excluding areas under Development Plan roads/Regional Plan Roads and Development Plan Reservations, if any shall be considered.

Provided that, the Development Plan reservations like Government Staff Quarters, Police Housing, Municipal Housing, Municipal Staff Quarters, etc. on lands belonging to Government/Public Authorities/Local Authorities, shall not be excluded, if the scheme is undertaken on the said reservation.

Further, the amalgamation of such Development Plan reservation/s with adjoining lands for the execution of the project under this regulation shall be permissible.

7.3.5

The total permissible FSI under this regulation shall be utilized for the construction of staff quarters and ancillary activities for the User Authority, subject to the following:-

i) The area of staff quarters for various categories of employees shall be as per the norms prescribed by the concerned User Authority. In no case shall the area of staff quarters exceed the maximum limit of carpet area as prescribed therein.

ii a) The Authority may also permit up to 1/3rd of the total permissible FSI under this regulation for the construction of a free sale area (hereinafter referred to as “free sale component”) to be disposed of by the Implementing Public Authority as provided herein. The free sale component shall preferably be constructed in a separate block. Sub-division of plots shall be permissible on the basis of equitable distribution of FSI if construction of a free sale component is permitted by the Authority.

The free sale component may be utilized for commercial use as per the potential of the plot as decided by the following committee. The extent of commercial use, if required, shall be decided by the said committee strictly within the limits specified in these regulations.

Sr. No	Municipal Corporations / Metropolitan Authorities	Status	Authorities other than those in column 2 including Regional Plan Area
1	2	3	4
1	Municipal / Metropolitan Commissioner (of the Municipal Corporation / Metropolitan Authority)	Chairman	Collector of Concerned District
2	Police Commissioner / District Superintendent of Police of Concerned District	Member	District Superintendent of Police of Concerned District
3	Collector of Concerned District	Member	Chief Officer / Chief Executive Officer of the Authority or Assistant Director of Town Planning of the concerned District in the Regional Plan area.
4	Superintendent Engineer (PWD)	Member Secretary	Superintendent Engineer (PWD

ii-b) If the User Authority requires construction of staff quarters to the extent of full permissible FSI, then the User Authority shall pay the full cost of construction + 5% of construction cost as establishment charges to the Implementing Public Authority.

ii-c) The flats constructed under the free sale component shall be first offered to the Central Government, its statutory bodies, and Central/State PSUs for purchase as staff quarters and if the Central Government or its statutory Bodies or Central / State PSUs do not indicate willingness to purchase the same within the prescribed time limit, such flats shall be sold in open market.

7.3.6

i) Notwithstanding anything contained in these regulations, no amount shall be charged towards Premium, Scrutiny Fee, etc., for the projects proposed under this regulation.

ii) The provisions of Inclusive Housing, mentioned in these regulations, shall not be applicable for development under this regulation.

7.3.7

For any staff quarters project under this regulation, a development agreement shall be executed between the User Authority and the Implementing Public Authority, which, inter alia, shall authorize the Implementing Authority to dispose of the flats constructed under the free sale component of the project, wherever applicable. Such development agreement shall contain the details regarding the modalities and conditions of transferring such quarters (whether free of cost or on payment/receipt of a certain amount by the User Authority) to the user authority and also conditions, modalities of disposing of the flats under the free sale component by the Implementing Public Authority.

Related Regulations to Rule No. 7

Rule No. 7.0 in UDCPR 2020

Entitlement of FSI for Road Widening or Construction of New Roads or Surrender of Reserved Land in UDCPR 2020

Development and Redevelopment of Housing Schemes of Maharashtra Housing Area Development Authority in UDCPR 2020

Redevelopment of Existing Buildings in UDCPR 2020

Development of Housing for EWS and LIG in UDCPR 2020

Regulations for Development of Information Technology Establishment, Data Centers in UDCPR 2020

Regulation for Development of Biotechnology Parks in UDCPR 2020

Incentive for Green Buildings in UDCPR 2020

Buildings of Smart Fin Tech Centre in UDCPR 2020

Commercial Buildings in CBD, Commercial, Residential Zone in Planning Authorities Areas in UDCPR 2020

Manner of Development of Reserved Site in Development Plan (Accommodation Reservation Principle) in UDCPR 2020

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 c) SlaughterHouse d) Sewerage Treatment Plant 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 c) Dispensary 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 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. 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. b) High Density 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 - a) Handing over of 40% of land to the Authority in lieu of FSI/TDR, for laying out plots for EWS/LIG. The owner shall thereafter be entitled to develop the remaining plot as per the uses permissible in the residential zone with permissible FSI / TDR potential of the entire plot on the remaining plot without taking into account the area handed over to the Planning Authority. 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 b) DramaTheatre c) Auditorium d) Samaj Mandir e) Community Hall f) Multipurpose Hall g) Library h) Town Centre i) Town Sub-Centre etc	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. 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.
9) Public-Semi public
a) Govt. Offices b) Fire Brigade Station 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		40	50
5	Transportation	D Class Municipal Corporations & A Class Municipal Councils.	40	25
7	Residential		40	25
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

Uses Permissible in Various Zones 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 some of the additional uses permissible in the Development Plan Reservations 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.

UDCPR 2020 Chapter 4 is all about Land Use Classification and Permissible Uses.

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. 4.5 LOW-DENSITY RESIDENTIAL ZONE

In this zone, all uses permissible in the Residential Zone shall be permitted subject to FSI restrictions mentioned in these regulations. (Chapter 10)

Rule No. 4.6 FUTURE URBANIZABLE ZONE

In this zone, all uses permissible in the Residential Zone shall be permitted subject to fulfillment of the following requirements.

i) For extending offsite infrastructure like roads, water supply, sewage line, and electricity, to the land, the expenses shall be borne by the owner and shall be deposited with the Authority as per the expenses communicated by it. However, the owner shall have the liberty to construct such infrastructure at his own cost, as per the drawing, design, and specification approved by the Authority.

ii) If the land is located on a Development Plan road of width more than 18.0 m., then the construction of a road of width 18.0 m. to his land, shall be the liability of the owner, else 12.0 m. wide road with asphalting shall be necessary.

Rule No. 4.9 Loom Industry cum Residential Zone

The following uses shall be permissible :-

i) Uses permissible in R - 1, R - 2 Zone according to road width.

ii) Power loom.

iii) Power looms cum residential to any extent.

User (i) above shall be as per conditions of R - 1 and R - 2 zone. However, (ii) and (iii) shall be permissible with the following conditions.

a) Power loom use shall be restricted up to a maximum permissible floor area of 250 sq.m. with a maximum of 20 H.P. and 20 laborers.

b) Total FSI permissible shall be as that of a residential zone.

c) Adequate safety measures shall be taken to reduce noise and air pollution etc. by providing a vibration absorbing platform and dust settler.

d) Working hours for looms shall be 8 am to 8 pm.

Rule No. 4.13 TRAFFIC AND TRANSPORTATION ZONE

i) All uses / activities related to surface, water, and air traffic and transportation including Parking, and ancillary uses shall be permissible.

ii) Separable lands of Railways shall be allowed to be developed for uses permissible in the Commercial Zone.

Rule No. 4.14 REGIONAL PARK ZONE

The following uses shall be permissible :-

i) All uses permissible in Green Belt Zone, Hill Top Hill Slope Zone and Afforestation Zone.

ii) Uses at Regulation No.4.11 (iv, v, vi, viii, ix, x, xiii, xix, xx, xxii, xxv, xxviii, xxix, xxxvi, xxxix, xxxxii) permissible in Agriculture Zone.

iii) Uses at Regulation No.4.11 (xv, xxxiii, xxxiv) permissible in Agriculture Zone with maximum FSI of 0.20 without premium and additional 0.30 i.e. up to 0.50 with payment of premium @ 20% of the land rate in ASR.

iv) Gaothan expansion as specified in Regulation No.5.1.1 subject to 200 m. from the gaothan limit.

Rule No. 4.15 TOURISM DEVELOPMENT ZONE

The following uses shall be permissible :-

i) All uses permissible in the Agricultural Zone (except uses at Sr.No.xviii and xxxi of Regulation No.4.11).

ii) Gaothan expansion as specified in Regulation No.5.1.1.

Rule No. 4.16 AFFORESTATION ZONE

The following uses shall be permissible :-

i) All uses are permissible in the Hill Top and Hill Slope Zone.

ii) Forest houses, meant for forest tourists/servants/technicians/owners and for storing of fertilize, etc., may be permitted subject to the following :-

It shall have a built-up area not exceeding 150 sq.m., provided that, the forest plot area is not less than 0.4 hectares. Structures to be erected for these purposes should be of ground + 1 floor only and should not have a height more than 7.0 m. and should be of such material as would blend with the surroundings. The owner shall plant trees at the rate of 250 trees per hectare and shall maintain it properly.

Provided that, the layout of the forest houses may be permitted for areas more than 0.4 hectares.

iii) Uses mentioned in Regulation No.4.11 (iv, v, vi, xiii, xxviii, xxix) permissible in the Agriculture Zone.

iv) Uses mentioned in Regulation No.4.11 (2) (xv, xvi, xxxiii, xxxiv) permissible in Agriculture Zone with FSI of (1) 0.2, 0.2, 0.1, 0.15 respectively.

v) Development permissible adjacent to Gaothan as specified in Regulation No.5.1.1 subject to a maximum 200 m. periphery from gaothan limit.

vi) The above uses shall not be permitted on a hill slope steeper than 1:5, and such area shall not be considered for FSI.

Rule No. 4.17 HILL TOP - HILL SLOPE ZONE/HILLY AREA

Kept in abeyance.

Rule No. 4.18 GREEN ZONE - 2

The following users shall be permissible in this zone.

i) All uses are permissible in the Hill Top - Hill Slope Zone.

ii) Gaothan expansion as specified in Regulation 5.1.1.

iii) Primary and Nursery Schools, including student hostels.

iv) Uses at Regulation No.4.11 (vi, ix, xiii, xx, xxii, xxv, xxviii) with maximum FSI of 0.20.

Rule No. 4.19 FOREST ZONE

The developments as may be required by the Ministry of Forest or its Authorities shall only be permissible on the lands owned and possessed by the Ministry / Department of Forest or its Authorities.

Rule No. 4.20 DEFENCE ZONE

i) The developments as may be required by the Ministry of Defence or its Authorities shall

only be permissible on the lands owned and possessed by the Ministry of Defence or its

Authorities.

ii) Restrictive Zone –

No development in contravention with the notification shall be permissible in the area affected by the notification under the Works of Defence Act - 1903, whether earmarked as such on the Development Plan/Regional Plan or not, or development shall be permissible with the No Objection Certificate from the concerned Defence Authority.

Provided that, it shall be permissible to treat the area under such restrictive zone as the marginal distance at the time of construction of any building proposed on the contiguous unaffected area.

Provided further that, it shall be permissible to utilize the FSI and also the receiving potential of the land under this zone, on the remaining contiguous unaffected land of the same land owner.

Rule No. 4.21 MINES AND QUARRY ZONE

In this zone, quarry, mining, stone crushing, or similar operations shall be permissible subject to provisions of Regulation No.15.1. In addition to this, the following uses shall be permissible.

Stone quarrying, soil excavation, stone crushing or other similar activities, mining activity, bricks kilns, caretaker's quarters or residential quarters for essential staff up to maximum built-up area of 20 sq.m. ancillary buildings like site offices, cafeteria with full built-up area up to 250 sq.m.

The existing uses within these zones, such as brick kilns, fly ash bricks, cremation ground, etc., shall be continued for the respective purposes. The mining and quarry operation shall not be permitted within the restrictive area as per their prevailing regulations. The development after the closing of existing mining areas/quarries shall be as per the closing policies of the respective department. However, the private lands that are included in the Mines and Quarry Zone shall deem to be included in the adjacent zone, and the Authority shall grant development permission accordingly.

Rule No. 4.22 PUBLIC UTILITY ZONE

The following users shall be permissible in this zone.

The water treatment plant, water reservoirs, pumping station, water storage tank, sewage / influent treatment plant, wastewater recycling plant, electric substation, cemeteries, burial ground, and cremation grounds, slaughter house, solid waste landfill/management site, fire station, post, telegram and communication office, telephone exchange, cattle pond, dairy farm, public urinals including all public utilities.

Rule No. 4.23 WOODLAND CORRIDOR

Following uses shall be permissible in this zone.

i) Garden, Nurseries, Horticulture, and Arboriculture.

Rule No. 4.24 SPECIAL ECONOMIC ZONE

Following uses shall be permissible in this zone.

i) Residential, Educational, Institutional, Assembly, Business, Mercantile, Industrial, Storage, Information Technology, Recreational.

ii) Any other land use as may be made permissible by the Government of India within SEZ.

Rule No. 4.25 AIRPORT AND ALLIED ACTIVITIES / SERVICE ZONE

The following uses shall be permissible in this zone.

i) Airport and allied activities and services incidental thereto.

Rule No. 4.26 ADDITIONAL USES

The lists of uses mentioned under various land use zones herein above may be amended by the Authority from time to time with the consent of the Director of Town Planning, Maharashtra State, Pune.