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Consultants Select Good Builder For Redevelopment Project

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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.

 

  1. Does the builder have a strong brand?
  2. Is the habitable area of the redevelopment at par with the quality and brand of the builder’s salable area?
  3. Is the builder known for violating the acts and rules laid down by authorities?
  4. What are the builder's systems, structures, and strategies?
  5. Does he have a strong in-house team for construction?
  6. Does he have a record of cost and time overruns?
  7. What is his level of implementation expertise?
  8. How well is he connected with sanctioning authority?
  9. What is the builder’s ability to raise equity and debt funding?
  10. Does he use a transparent and consistent financial accounting policy?
  11. Is he easily available to society in case of emergency?
  12. Visit to Redevelopment project where builder completed construction delivered completion in time. Check quality also.
  13. Visit their website, check their references, and speak with their clients.
  14. 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.
  15. Experience – Within the profession, a builder has a certain amount of experience in the same field.
  16. 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.
  17. Quality of construction – the builder should ensure good quality materials, proper workmanship and specifications.
  18. 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

 

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

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

 

Thane Municipal Corporation Area in UDCPR 2020

UDCPR 2020 Chapter 9 is all about the City Specific Regulations 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. 10.2 Thane Municipal Corporation Area 

 

10.2.1 Development along Ram Maruti Road and Gokhale Road

 

i)  In the case of plots fronting on Ram Maruti Road, only the ground floor of the structure shall be set back by 3.05 m. from the road line and the rest of the floors shall be set back at a distance of 4.5 m. The front terrace so formed shall be allowed to be accessible.

 

ii)  In case of any plot fronting on Gokhale Road, from the portion between Ashok Talkies and its junction with M.G. Road, the ground floor of the building shall be set back by 2.3 m. from the road line and the upper floors shall be set back at a distance of 4.5 m. subject to the condition that the owner of the plot shall pave the front open space. The front terrace so formed shall be allowed to be accessible.

 

10.2.2 Setbacks from Eastern Express Highway and Roads more than 52.5 m. in width

 

No construction of building shall be undertaken within 7.5 m. from the boundary of the Eastern Express Highway and other roads having a prescribed width of more than 52.5 m.

 

10.2.3 a) Development of a Multi Storey Public Parking Lot (PPL) near Metro Stations

 

For the development of Multi-storied PPL on any plot abutting a road with a minimum width of 18.0 m., additional FSI ( hereinafter referred to as “Incentive FSI” ) as specified below on built-up parking area, created and handed over to the Thane Municipal Corporation (TMC) free of cost with amenities required for parking area as prescribed by the Commissioner such PPL shall be allowed, on the land belonging to a private owner/Leasehold plots of Govt. and TMC with prior consent, which is not reserved for any public purpose, subject to the conditions contained herein below :

 

I. The minimum area of the plot shall be 1000 sq.m. in sectors - 1, 2, 3 and 2000 sq.m. in remaining sectors. The minimum number of Motor Vehicle public parking spaces provided shall not be less than 50. The location of parking spaces can be in 2 level basement, ground floor or upper 2 floors maximum, with access through a ramp/lift or combination of both subject to clearance from the CFO with special emphasis on fire hazard.

 

II. A Committee under the Chairmanship of the Municipal Commissioner, TMC shall earmark/select the plots for public parking, on the basis of their suitability. 

 

The Committee shall comprise the following or their representatives 

(i) Metropolitan Commissioner, MMRDA

(ii) Dy. Commissioner of Police (Traffic)

(iii) Joint Director of Town Planning, Konkan Division

(iv) Assistant Director of Town Planning, TMC (Member Secretary)

 

III. The incentive FSI given on this account will be over and above the base FSI permissible under any other provisions of UDCPR. This incentive FSI shall be allowed to be used on the same plot in conformity with UDCPR/D.P, within the overall cap/limit of total maximum permissible FSI as given at (vii) below.

 

IV. The proposed development shall be subject to any other conditions prescribed by the Municipal Commissioner.

 

V. Concerned land owners/developers/society/company shall not be allowed to operate the public parking lot.

 

VI. The area covered under parking shall not be counted towards FSI consumption.

 

VII. The incentive FSI permissible under this Regulation against BUA of the PPL shall be 50% of the BUA of the PPL, such that the total permissible FSI including the incentive FSI under this Regulation does not exceed the limit as per Regulation 6.3.

 

VIII. The maximum cap on BUA per parking shall be 50 sq.m. for LMVs, 65 sq.m. for LCVs and 120 sq.m. for HMVs/Buses. Incentive FSI shall be calculated as per the BUA of the PPL, based on these norms or the actual BUA of the PPL, whichever is less.

 

IX. The developer of the PPL shall pay a ‘premium’, worked out as per the following formula :-

 

Premium = 60% of [Value of the additional BUA corresponding to the incentive FSI admissible under this Regulation, as per A.S.R. - (Cost of construction of PPL + cost of any extra amenities/facilities provided + cost of construction of BUA corresponding to the incentive F.S.I. admissible under this Regulation)]

 

For the purpose of calculating the premium as above, the cost of construction of PPL including amenities/facilities and the cost of construction of BUA corresponding to the Incentive FSI admissible under this Regulation shall be 75% and 125% respectively of the rate of RCC construction as per ASR.

 

X. The Premium shall be paid before the issuance of building permission for the incentive FSI admissible under this Regulation.

 

Upon Payment of 100% premium as aforesaid, building permission shall be issued in respect of 50% of incentive FSI. In no case, Incentive FSI be released without handing over of the PPL, complete in all respects, to TMC.

 

The year in which the premium is paid before the issuance of building permission for the PPL shall be taken as the year for determination of construction cost as well as ASR for calculation of the premium. Out of the total premium payable, 50% shall be paid to the GoM and the remaining 50% to TMC.

 

Provision of this Regulation may also be applicable to leasehold plots of Govt. and TMC with prior approval from the Government/Municipal Corporation.

 

XI. The land owner/developer /society/company shall hand over PPL with a separate entrance and exit for the dedicated use of TMC by way of a registered conveyance deed. Such PPL will not be part of the proposed society/apartment/owners association.

 

XII. The PPL shall not be permissible in combination with other regulations.

 

XIII. Public Parking shall be developed in independent buildings as far as possible, but it may be permissible in composite buildings subject to compliance with these regulations.

 

XIV. The Commissioner may hand over such PPL to any agency to transparent bidding procedures for its operations and maintenance upon such terms and conditions as deemed fit and proper. However, in any condition, such PPL shall not be allotted to concerned land owners/housing society/association of apartment owners of occupiers in the plot of PPL.

 

XV. No public parking lots shall generally be more than 500 vehicles. However, in exceptional cases, the Commissioner may permit PPL for 1000 vehicles for the reasons to be recorded in writing.

 

XVI. PPL connectivity to the nearest station of Local/Mono/Metro/BRTS etc. may also be insisted if the proposed PPL is within 250 m. by skywalk and underground connectivity within 100 m. These areas shall also be counted for giving incentive FSI and shall not be included in calculating the limits of vehicles.

 

XVII. For every sector Commissioner shall endeavour to evaluate the total need of PPL and shall cause it to be declared in the local newspaper within three months of promulgation of these regulations for every 5 years. Total PPL sanctioned in any sector shall not increase beyond that for the next 5 years. PPL shall be allowed only after studying traffic impact analysis of the area with the periphery of 250 m. of PPL.

 

10.2.4 Development around Hazardous Industries (Chemical Zone Areas)

 

a) Green Belt -


i) There shall be a green belt of 100 m. around the boundary of the Hazardous Chemical Industries as shown on the plan attached with the report of authority.


ii) The creation of the green belt, its development and maintenance as per the report of authority will be the responsibility of the Municipal Corporation.


iii) The cost of acquisition of land for the green belt, around the Hazardous Chemical Industries will be borne by the Industry/Industry Association. The private land owner will be given a Transfer of Development Rights based on FSI for the present land usage. The cost of acquisition to be borne by industry will be exclusive of the value of TDR.


iv) The existing authorised structures should be tolerated. However, only repairs to such existing structures should be allowed in future and no reconstruction or new construction should be allowed in the Green Belt.


v) Unauthorised structures should be removed or relocated by the Thane Municipal Corporation as per the existing Public Policy.


b) Creation of Low-Density Zone -


i) Beyond the Green Belt, another belt of 150 m. should be created as a "Low Density Zone" as shown on the plan, attached with the report of the Authority.


ii) The FSI in the Low Density Zone shall be 0.5 and only Ground plus two-storey structures should be allowed.


iii) The existing buildings if already authorised with the higher FSI and plan of the proposed building already approved by the Thane Municipal Corporation and Commencement Certificate have been given to such structure should be allowed to continue, be completed and occupied by the issuing Occupation Certificate. Where the plans have been approved by the Thane Municipal Corporation but commencement certificates have not been issued, they should be reviewed and the permission should be revised in accordance with the Low-Density Zone Regulation, now be prescribed.


iv) The development proposals in Low Density Zone shall be scrutinised and permission shall be granted as per these UDCPR.

 

c) Development between 250 and 1000 Meters -

 

The Development proposals beyond the area of 250 m. shall be scrutinised and permissions shall be granted as per these UDCPR.

 

d) Other Stipulations -

 

i) The original land under the Chemical Industry, which has been certified by the Director of Industries/Director of Industrial Safety and Health/Competent Authority as permanently closed or having shifted elsewhere shall be allowed to be developed as per the relevant provisions in the prevailing Development Control Regulations.

 

ii) Upon certification by the Director of Industries/Director of Industrial Safety and Health/Competent Authority that the Chemical Industry has been permanently closed or has shifted elsewhere, the 100 m. Green Belt and the further 150 m. the low-density belt around the plot boundary of such Chemical Industry shall suo-moto cease to exist.

 

10.2.5  Development around Air Force Stations

 

i)  As per Government of India, MoD, SRO.No.4, dated 13th January, 2010 which was published in Part - II, Section - 4 of Gazette Notification dated 23rd January, 2010. Air Force Station Thane falls within the 100 m. restriction zone. As per the notification, no construction should be permitted within the restricted zone of 100 m. from the outer parapet of the Air Force boundary. Similarly, live hedges, trees/rows or clumps of trees or orchards shall not be maintained, planted, added to or altered within the 100 m. restricted zone. The restriction is equally applicable for the construction of underground structures, wherein no digging and/or change in the level of ground is permitted within the notified zone.

 

ii)  Beyond the notified zone of 100 m., no restriction is required to be imposed as per the Works of Defence Act 1903 and no N.O.C. from Air Force Station, Thane is necessary.

 

10.2.6  Development Around Defence Establishment

 

Following restrictions are imposed in and around the land in the vicinity of the said unit as per the plan enclosed with Notification No.TPS-1203/1254/C.R.193/05/UD-12, Dt.30/12/2006.

Village : Kolshet / Kavesar / Waghbil (within the limit of Thane Corporation) Circle / Taluka : Thane, District : Thane, State: Maharashtra.


Height Restrictions :-

 

(a) The height restrictions to any of the future constructions on the North, North-West, West and South-West sides will be as follows :-

 

Sr. No.Height Limiting zones from unit boundary (Zones indicated by colours)Permissible height in metersRemarks
ARedNil

Unit Area

BBrownNil

Buffer Zone (No Dev. Zone)

COrange18-
DPink27-
ENavy Blue32-
FYellow46-
GViolet64-
HGreen84-

 

(b) The height restrictions to any of the future constructions on the North East, East and South- East -sides will be as follows :-

 

Sr. No.Height Limiting zones from unit boundary (Zones indicated by colours)Permissible height in metersRemarks
ARedNil

Unit Area

BBrownNil

Buffer Zone (No Dev. Zone) 

COrange15-
DPink20-
EYellow35-
FViolet40-
GSky Blue45-

 

Other Restrictions :- In addition to the above restrictions, the following general restrictions are also enforced :-


a) No high-tension power line up to 22 KV is to be set within 1500 meters from the unit boundary.


b) Open wires, overhead lines, and telephone cables are to be outside 500 meters from the unit boundary. However, UG cables. (below 5 meters) are permissible.


c) No rail line with electric traction is permitted within two kilometres of the unit.


d) Area within a kilometre radius from the unit boundary is to be clear of all metallic structures including bridges.


e) Ground water level is to remain constant. No efforts are to be made to change the electrical conductivity of the designated zone.


f) No industry/equipment, that generates any kind of RG noise, is permitted to operate within 1 km. Radius from the unit boundary.


10.2.7 Regulations for G-1 Zone (Yeur village Section - VII only)


The following uses shall be permitted in the G - 1 Zone.


The residential Buildings on the lands that are actually under cultivation and the holiday homes for weekend stays and the Rest Houses are subject to the following conditions :-


1) The plot to be permitted for such development shall be not less than 4000 sq.m. with the
maximum FSI of 0.025.


2) Each building is to be not more than ground plus one storey with a height not exceeding 9.75 m, including the height of the stilt portion if any, subject to a maximum built-up area of 100 sq.m. excluding stilt.


3) To permit Club House, open playgrounds and other recreational purposes as normally
permissible under green zones with permissible FSI as per these Regulations.


4) To insist on plantation at the rate of two fast-growing trees per 100 sq.m. of land under development.

 

10.2.8  Regulations for G - 3 Zone for Forest Area

 

No development of any sort shall be allowed in this zone except the project of the Forest Department. In case of pockets of private lands in G - 3 zone, development shall be permitted as per the provisions of Green Zone/as per the provisions of G - 1/G - 2 Zone subject to the concurrence of the Forest Department.

 

10.2.9

 

For the sake of Regulations No.1.3.74, No.1.3.93 (xiv)(i) and No.6.2.3(b) High Rise Building/Special Building means any multi-storied Residential Building, which is under redevelopment, and which is more than 25.0 m. in height above average surrounding ground level.

 

10.2.10 Redevelopment of Old Dilapidated/Dangerous Buildings

 

Reconstruction/Redevelopment in whole or in part of any building which has ceased to exist in consequence of accidental fire/natural collapse or demolition for the reasons of the same having been declared dangerous or dilapidated or unsafe by or under a lawful order of the Authority or building having age of more than 30 years, shall be allowed subject to following conditions.

 

Redevelopment of multi-dwelling buildings of society/Co-Operative Housing Societies/Apartments -

 

i)  The FSI allowed for redevelopment of such building shall be FSI permissible under Regulation No.6.1 or 6.3 including FSI on payment of premium and maximum permissible TDR loading as per Table 6-A or 6-G, or the FSI consumed by the existing authorized building including TDR, premium FSI etc., whichever is more. (Such TDR, Premium FSI etc. utilized in existing building shall be treated as a basic FSI for redevelopment.) In addition to this, incentive FSI to the extent of 50% of the existing authorized built-up area or 15 sq.m. per tenement, whichever is more, shall be allowed. Provided that in cases where the carpet area occupied by residential tenement in the existing building is less than the carpet area of 27.87 sq.m. then such tenement shall be entitled to a minimum carpet area of 27.87 sq.m. and the difference of these areas shall be allowed as additional FSI without any premium.

In the case of a non-residential occupier, the area to be given in the reconstructed building shall be equivalent to the area occupied in the old building.

 

Such incentive FSI shall not be applicable for the redevelopment of the existing bungalow.

 

ii)  This regulation shall be applicable only when existing members of the societies are

proposed to be re-accommodated.

 

iii)  If tenanted building/s and building/s of co-operative housing society/non-tenanted

building/s coexist on the plot under development, then proportionate land component as per the existing authorized built-up area of the existing tenanted building on the plot shall be developed as per Regulation No.7.6.2. and the remainder of the notional plot shall be developed as per this regulation.

 

iv)  Notes below Regulation No.7.6 shall be applicable to this regulation.

 

10.2.11  Height of Building Permissible for Re-development Proposals/SRA Proposals

 

For all re-development proposals and slum-rehabilitation schemes in the Municipal Corporation area, the building height is up to 70.0 m. shall be permissible on roads having a width between 9.0 to 12.0 m. subject to the minimum front margin as per these regulations or minimum 6.0 m., whichever is less and subject to the condition that such road shall be widened to 12.0 m. under the provisions of the Municipal Corporation Act, by prescribing line of street before granting occupation certificate to such buildings of re-development or slum-rehabilitation schemes. This shall be subject to Fire prevention, protection and life safety requirements and Fire N.O.C. from the Chief Fire Officer.

 

10.2.12 Podium


Podium for parking along with ramp may be permitted with a side and rear marginal distance of 1.5 m. from the plot boundary, subject to the following conditions :-

 

a) The top of the Podium shall be accessible for the Fire Engine by 7.5 m. Ramp with gradient 1 : 10.

 

b) Structural Stability Certificate regarding such Podium and Ramp shall be submitted with respect to standing Fire Engine over it & sustain the load of Fire Engine.

 

c) Minimum 6.0 m. marginal distances with the required turning circle over the Podium shall be provided for maneuvering of the Fire Engine.

 

Provided that, if the podium is not accessible for the Fire Engine then 6.0 m. marginal open space shall be provided all around the building excluding the front margin. The turning circle shall not be less than 9.0 m. The refuge area in such cases shall face facing front road and shall be connected to the Fire Tower as per Clause 2.24 of Part - 4 of NBC 2016.

 

d) Provisions mentioned in Regulation No.9.13 shall be applicable except (ii).

 

10.2.13

 

Front Marginal Distances/Set-back/Roadside margin/s in congested area - minimum front marginal distance for buildings under re-development proposal shall be 1.5 m. for roads having width 6.0 m. or more.

 

10.2.14 

 

Off-street parking requirement - For Redevelopment Projects in the Thane Municipal Corporation area, the multiplying factor for off-street parking requirement as per Regulation No.8.2.2 shall be 0.8.

 

10.2.15 

 

For Redevelopment of smaller plots having an area of up to 1500 sq.m. with multistoried buildings up to 24.0 m. height plus height of parking up to 6.0 m., side/rear margin of 6.0 m. shall be relaxed up to 3.0 m. subject to Fire N.O.C., in case of bonafide hardship and such building shall not be considered as special building.

 

(b) Other provisions mentioned in Regulation No.6.2.3 shall be applicable.

 

Related Regulations to Rule No. 10

 

Special Rules for Pune City in UDCPR 2020

 

Special Rules for Nagpur City and Nagpur Metropolitan Region Development Authority in UDCPR 2020

 

Nashik Municipal Corporation in UDCPR 2020

 

Vasai Virar City Municipal Corporation in UDCPR 2020

 

Kolhapur Municipal Corporation in UDCPR 2020

 

Navi Mumbai Municipal Corporation in UDCPR 2020

 

Bhiwandi Surrounding Notified Area in UDCPR 2020

 

CIDCO Area Excluding Naina Area in UDCPR 2020

 

Provision for Amenity Space in UDCPR 2020

There are general regulations about any construction permissible on land and no piece of land shall be used as a site for the construction of a building if the site is not eligible for it.

 

If the Authority considers that the site is insanitary, incapable of being well-drained, or is dangerous to construct a building on it then it is not permissible to use this land as a site for construction.


For Example, if the site is in Defense land, Railway region Hilly region, or not drained properly in this case there one cannot construct anything on the land without considering the regulations.

 

This information about reservations and their use is very important when someone starts actual planning, whether they are land owners, builders, or construction owners. It is a must-know information before purchasing land or starting construction on the land

 

UDCPR 2020 Chapter 3 is all about General Land Development Requirements.

 

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. 3.5 Provision for Amenity Space 

 

Amenity Space is space to be left for the government for planning various public amenities like schools, hospitals, libraries, fire stations, police chowki, etc.

 

This space is to be handed over to the government and the owner gets FSI as compensation for the land. (In short, there is only loss of space but no loss of FSI)

 

3.5.1

 

In the areas of Local Authorities, Special Planning Authorities, and Metropolitan Region Development Authorities, Amenity Space as mentioned below on gross area after deducting area under reservations/roads in the Development Plan including proposals of road widening therein, shall have to be provided in any layout or subdivision of land or proposal for development.

 

Area of LandMinimum Amenity Space to be provided
a) less than 20000 sq.mNil
 
b) 20000 sq.m or more5% of the total area.

 

These amenity spaces shall be developed by the owner for the uses mentioned in the definition of amenity. However, the Authority may insist for handing over the amenity space to the Authority, if it is required for the following six purposes only. If it is not required for the following six purposes and required for other purposes, it may be taken over by the Authority with the consent of the owner.

 

i)  Garden.

 

ii)  Playground.

 

iii)  Municipal School.

 

iv)  Municipal Hospital.

 

v)  Fire Brigade.

 

vi)  Housing for Project affected Persons.

 

In such circumstances, amenity space shall be deemed to be reservations/proposals in the Development Plan, and Floor Space Index (FSI) in lieu thereof may be made available in situ on the remaining land. The calculation of this in-situ FSI shall be shown on the layout/building plan. If the owner desires to have TDR against it, instead of in-situ FSI, then he may be awarded TDR. The in-situ FSI or TDR shall be granted only after the transfer of the amenity space to the Authority. The generation of TDR or in-situ FSI shall be equivalent to the quantum mentioned in Regulation No.11.2 of Transferable Development Rights.

 

 

 

Regulation No.11.2 of Transferable Development Rights

 

Transferable Development Rights (TDR) are compensation in the form of Floor Space Index (FSI) or Development Rights which shall entitle the owner to the construction of a built-up area subject to provisions in this regulation. This FSI credit shall be issued in a certificate which shall be called as Development Right Certificate (DRC).

 

Development Rights Certificate (DRC) shall be issued by the Authority under his signature and endorsed thereon in writing in figures and in words, the FSI credit in square meters of the built-up area to which the owner or lessee is entitled, the place from where it is generated and the rate of that plot as prescribed in the Annual Statement of Rates issued by the Registration Department for the concerned year.TDR generated within the jurisdiction of a particular Authority shall be utilized within the jurisdiction of the same Authority as per this regulation.

 

 

 

Provided that:-

 

i) This regulation shall not be applicable where separate amenity space is mandated by the Government while sanctioning modification proposals under section 37 or 20 of the Act. In such cases, the development of the amenity shall be governed by the conditions mentioned in the said notification.

 

ii) Amenity space shall be approachable by a minimum of 12.0 m. wide road except for the cases where 12.0 m. the approach road to the site is not available. If in the case of B & C Class Municipal Councils, Nagar panchayats, and R.P. areas, such amenity space may be located on 9 m. road, however, in such cases, special buildings on amenity plots shall not be allowed.

 

iii) This regulation shall not be applicable to Regulation No.4.8.1, (i.e.Regulation for allowing Residential/Commercial users in Industrial Zone), wherein separate provision of land for public amenities/utilities is made.

 

iv) This regulation shall not be applicable where the entire development permission is for amenities specified in the definition of amenity space in these Regulations and also for uses other than residential permissible in an agricultural zone. This regulation shall also not be applicable, if construction on the entire plot is for a hotel building or IT establishment/building.

 

v)  This regulation shall not be applicable to the Town Planning Scheme area under the M. R. & T. P. Act, 1966, or similar schemes permitted in agricultural zones.

 

vi) This regulation shall not be applicable for revision of earlier sanctioned development permissions granted under the regulations in force prior to these regulations and work is commenced, where no such amenity space has been provided in development permission sanctioned earlier.

 

viii) If some amenity space is provided in the earlier permission, then the quantum of such amenity space in the revised permission:-


a) Shall be limited to the area provided in earlier permission.


b) Shall not be reduced even though the area of such amenity space is more than what is

specified in this regulation.

 

ix) If the owner agrees to construct the amenity and hands it over to the Authority with the consent of the Authority, then he shall be entitled for amenity TDR/in-situ FSI as per Regulation No.11.2.

 

x) The development in amenity space shall be allowed up to the building potential mentioned in Regulation No.6.1 on Regulations for Congested area in Development Plans/Gaothans of Village settlements in Metropolitan Region Development Authorities and Regional Plans or Regulation No. 6.3. on Permissible FSI

 

xi) Any other use, not mentioned in these regulations, may be allowed to be developed by the Authority similar to the uses defined as amenity.

 

3.5.2 

 

In the case of Regional Plan areas, the percentage of amenity space to be provided shall be as mentioned in Regulation No.5.1.8.

 

 

Regulation No.5.1.8. Provision of Amenity Space

 

i) In any layout or sub-division of land for residential purposes admeasuring more than 0.4 Ha. (excluding the area of R.P. roads, road widening, and designations) amenity space shall have to be provided for the areas and specified percentages mentioned in the table below.

 

Area of LandAmenity Space to be provided
up to 4000 sq.mNIL
more than 4000 sq.m10%

 

ii) For calculating the area for Amenity Space, the area covered under the development proposal submitted to the Authority shall only be considered.

 

iii) The owner shall be entitled to develop the Amenity Spaces as per the uses permissible in the Amenity Spaces.

 

iv) If the owner agrees to handover and the Authority agrees to take over the amenity space, then such Amenity Space shall be deemed to be reservation in the plan and floor space index (FSI) in lieu thereof (1) subject to maximum receiving potential prescribed in these regulations may be made available in-situ on the remaining land. The calculation of this in-situ FSI shall be shown on the layout/building plan. In the areas where TDR regulations are applicable and if the owner desires to have TDR against it, instead of in-situ FSI, then he may be awarded TDR. The in-situ FSI or TDR shall be granted only after the transfer of the Amenity Space to the Authority. The generation of TDR or in-situ FSI shall be equivalent to the quantum mentioned in the Regulation of TDR.

 

v) Proviso of Regulation No.3.5.1 shall be applicable to this regulation.

 

 

3.5.3 Development of Amenity Spaces in Earlier Sanctioned Layout

 

Amenity spaces, which are earmarked in the layout sanctioned tentatively or finally earlier and not so far developed, may also be allowed to be developed for any of the uses mentioned in this regulation. Such amenity buildings may be allowed to be developed on the road on which such amenity space is located in the sanctioned layout. However, special building shall require a front road as specified in Regulation No.3.3.9.

 

 

Regulation No.3.3.9. Access Provisions for Special buildings in Regulation No.1.3(93)(xiv)


For special buildings, as mentioned in 93(xiv) under Regulation No.1.3, the following additional

provisions of means of access shall be ensured;

 

(a)  The width of the main street on which the plot abuts shall not be less than 12.0 m. in non- congested area and shall not be less than 9.0 m. in a congested area, and one end of this street shall join another street of width not less than at least 9.0 m. (1) in congested areas and 12.0 m. in non-congested areas.

 

(b)  The marginal distances on all its sides shall be a minimum of 6.0 m., and the layout for the same shall be approved taking into consideration the requirements of fire services, and the margins shall be of a hard surface capable of taking the weight of fire engine, weighing up to 45 tonnes. The said marginal distances shall be kept free of obstructions and shall be motorable.

 

(c)  Main entrances to the plot shall be of adequate width to allow easy access to the fire engine, and in no case shall it measure less than 6.0 m. The entrance gate shall fold back against the compound wall of the premises, thus leaving the exterior accessway within the plot free for movement of fire engine/fire service vehicles. If the main entrance at the boundary wall is built over, the minimum clearance (headroom) shall be 4.5 m.

 

Related Regulations to Rule No. 3 - 

 

You can visit our other blogs related to Regulations 3 through the below-mentioned links:

 

Recreational Open Spaces in UDCPR 2020

 

Minimum Plot Area for Various Uses in UDCPR 2020

 

Provision for Inclusive Housing in UDCPR 2020

 

Relocation of D.P Reservations (Except Road) UDCPR 2020

 

Rules for Railway Line, River, Electric Line, Airport, Nallah in UDCPR 2020

 

Plotting, Land Subdivisions, and Access Road Rules in UDCPR 2020

Compound Wall and Other Requirements of Part of Building in UDCPR 2020

UDCPR 2020 Chapter 9 is all about the Requirements of Part of the Building 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. 9.26 Boundary/Compound Wall

 

i) The maximum height of the front compound wall shall be 1.5 m. above the central line of the front street. Compound wall up to 2.4 m. height may be permitted, if the top 0.9 m. is of open type construction. The maximum height of the side and rear compound wall shall be 1.5 m. above the average ground level of the particular plot.

 

ii) In the case of a corner plot, the height of the boundary wall shall be restricted to 0.75 m. for a length equal to the fanning of the road on the front and side of the intersection and the remaining height of 0.75 m., if required, in accordance with sub-regulation (i) above, may be of open type construction (railings).

 

iii) The provision of sub-regulations (i) and (ii) above shall not be applicable to boundary walls of jails.

 

iv) In the case of industrial buildings, electric sub-stations, transformer stations, institutional buildings like sanatoria, hospitals, industrial buildings like workshops, factories and educational buildings like schools, colleges including the hostels and other users of public utility undertakings the height up to 2.4 m. may be permitted by the Authority.

 

v) The gates in a compound wall shall not open on any public access/pathway/road/street and shall open entirely inside the property.

 

Rule No. 9.16 Stilt

 

A stilt with one or more levels may be permitted underneath a building. The height of the stilt floor below the soffit of the beam shall not be less than 2.4 m. At least two sides of the stilt shall be open. In the case of stack parking, a clear height of 4.50 m. shall be maintained. The open stilt portion shall not be used for any purpose other than for vehicle parking or play areas for children. However, habitable use may be allowed in part of the stilt which shall be counted in F.S.I. In the case of a stilt on the ground floor plinth of the stilt shall not be more than 15 cm. from the surrounding ground level.

 

Rule No. 9.17 Chimneys

 

Chimney, where provided, shall conform to the requirements of the Indian Standard Code of Practice for Fire Safety of Building. Provided that the Chimney shall be built at least 0.9 m. above flat roof. In the case of sloping roofs, the chimney top shall not be less than, 0.6 m. above the ridge of the roof in which the chimney penetrates.

 

Rule No. 9.18 Letter Box

 

A letter box of appropriate dimensions shall be provided on the ground floor of residential and commercial buildings.

 

Rule No. 9.19 Meter Room

 

A meter room shall be provided as per the requirement of M.S.E.D.C.L. or power supply

company as per the number of tenements/units.

 

Rule No. 9.21 Overhead Tanks

 

Every overhead water storage tank shall be maintained in a perfectly mosquito-proof condition by providing a properly fitting hinged cover and every tank more than 1.5 m. in height shall be provided with a permanently fixed iron ladder.

 

Rule No. 9.22 Parapet

 

Parapet walls and handrails provided on the edges of roof terraces, podiums, balconies, verandahs, and recreational floors shall not be less than 1.0 m. and not more than 1.2 m. in height from the finished floor level. In case of occupancies like educational, health, etc. such parapet may be permitted up to 2.00 m. height.

 

Rule No. 9.23 Cabin

 

Where cabins are provided, the size of cabins shall be 3.0 sq.m. with a minimum width of 1.0 m. The clear passages within the divided space of any floor shall not be less than 0.9 m. and the distance from the farthest space in a cabin to any exit shall not be more than 18.5 m.

 

Rule No. 9.24 Wells


Wells intended for the supply of water for human consumption or domestic purposes may be permitted at a suitable place in a plot.

 

Rule No. 9.25 Septic Tanks

 

Every building or group of buildings together shall be either connected to a Drainage system or be provided with a sub-soil dispersion system in the form of a septic tank of suitable size and technical specifications. Modern methods of disposal, as may be specified by Government/Government bodies such as NEERI etc. may also be permissible.

 

Rule No. 9.30 Architectural Projections

 

Architectural Projections may be allowed to the following extent.

HorizontalVertical (above building)
H/20, subject to min 0.3 m. and max 3.0 m. exclusive of side and rear marginal distance of 6.0 m. required for movement for fire fighting vehicles in case of special buildings.H / 20, subject to max. 6.0 m.

 

Where H = Height of building from ground level.

 

The owner shall submit the undertaking to the authority that, such architectural projection shall not be converted to any habitable or other purpose.

 

Rule No. 9.33 Service Floor

 

A service floor of height not exceeding 1.8 m. may be provided in a building exclusively for provision/diversion of services. Provided further that a service floor with a height exceeding 1.8 m. may be allowed in a building of medical use or in a building having a height more than 70.0 m. with the special permission of the Authority with reasons recorded in writing.

 

Related Regulations to Rule No. 9

 

Habitable Rooms as Requirements of Part of Building in UDCPR 2020

 

Basements as Requirements of Part of Building in UDCPR 2020

 

Ramp as Requirements of Part of Building in UDCPR 2020

 

Balcony as Requirements of Part of Building in UDCPR 2020

 

Provision of Lift as Requirements of Part of Building in UDCPR 2020

 

Lighting and Ventilation of Room as Requirements of Part of Building in UDCPR 2020

 

Gunthewari Yojana

 

As you may already know, in Maharashtra state, gunthewari is a traditional method used to measure land. Eventually, the Gunthewari Regulation Act was enacted by the Maharashtra state government in August 2001. In the same vein, they were given the benefit of Gunthewari Yojana before 01 January 2001. Whereas,  on 7th January 2020, the Maharashtra cabinet gives approval for regularization lakhs of gunthewari constructions. To sum up, this decision of state government taken to regularize the gunthewari schemes in the state till 31st December 2021. 

 

Gunthewari for various types

 

You can do the gunthewari for various types. For instance, gunthewari can be done for the open land, building and flats.

 

Can I do Gunthewari now?

 

As of dated, 7th January 2021,  Gunthewari yet not started. Consequently,  Maharashtra cabinet gives approval for the same. And will start it sooner.

 

Charges for Gunthewari

 

The regularization of gunthewari development is subject to the prior  payment of compounding fee and development charges may be determined by the state government from time to time.. That is to say, the charges for gunthewari is yet not declared. 

 

List of Documents for  Required for Gunthewari

 

The following documents are required for Gunthewari  to submit along with the application as follows

 

  1. 7/12 Extract
  2. Mojani.
  3. Existing layout plan.
  4. Rectification plan
  5. An undertaking by the applicant to rectify compoundable infringements
  6. Building Plan as per site condition
  7. Other Land Ownership Documents
  8. Demand draft, drawn on any 

 

Process involved in Gunthewari

 

With help of license Engineer of liaisoning architect the concerned plot holder shall apply for regularization of gunthewari development . however, the file with all the necessary documents is to be submitted to the local planning authority. After that, the planning authority shall scrutinize the case for fulfillment of the stipulated requirements  and thereafter issue a certificate of regularization.

 

Benefits of Gunthewari development

 

Well, gunthewari developments are unlawful and there is an obvious need to curb such development, at the same time. Whereas, its not desirable to demolish on a mass scale of the old and long existing constructions  made on gunthewari plots. The followings are the benefits of regularizing the gunthewari yojana as follows-

  1. The prime and very important benefit of regularizing the gunthewari schemes is, whatever illegal you have bult I becomes legal
  2. It  increases the valuation of property.
  3. If you are regularizing the open plot then it also increases the FSI of the plot.

 

Sample Gunthewari certificate

 

Below is the Sample  format of Gunthewari  certificate-