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.

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. 3.8 Provision for Inclusive Housing 

3.8.1

This regulation shall be applicable only to Municipal Corporations having a population of 10 lacs or more as per the latest Census, as mentioned in Regulation No.3.8.2.

3.8.2 Inclusive Housing –

Provision for inclusive housing shall be applicable in the following cases :-

(a) For the sub-division or layout of the land :-

For the sub-division or layout of the land admeasuring 4000 Sq.m. or more (after deducting area under D.P./R.P. Roads, D.P. Reservations including deemed reservations under these regulations, if any) for residential purposes, a minimum of 20% of the plot area shall have to be provided either :-

i)  in the form of developed plots of 30.0 to 50.0 sq.m. size for Economically Weaker Sections/Low-Income Groups (EWS/LIG), (hereinafter referred to as “affordable plots”) for allotment to the allottees as per the list provided by MHADA, OR

ii)  in the form of plot/plots equivalent to 20% of the plot area for constructing EWS/LIG tenements to be handed over to MHADA. Within this 20% area, proportionate road and recreational open space area of this 20% space, shall be included, OR

iii) The Landowner/Developer can exercise an option to construct EWS / LIG tenements on the said 20% plot area as per provisions specified in subsequent Regulation No. (b).

Provided that the affordable Housing Plots/tenements as mentioned in (i, ii, and iii) above can also be provided at some other location(s) within 1.0 km. from the original location or within the same ward, OR

iv)  The Landowner/Developer may hand over the affordable plots to MHADA at one place in lieu of FSI/DR as per TDR regulations to be utilized on the remaining plots.

Provided that in case the Landowner/Developer desires not to utilize such additional FSI/DR in the same land, fully or partly, then he shall be awarded TDR instead of such unutilized additional FSI. The utilization of this TDR shall be subject to the provisions of TDR regulations.

b)  For Group Housing Scheme :-

For a plot of land, admeasuring 4000 Sq.m. or more (after deducting area under D.P./R.P. Roads, D.P. Reservations including deemed reservations under these regulations, if any) to be developed for a Housing Scheme consisting of one or more buildings (hereinafter referred to as 'the said Scheme'), EWS/LIG Housing in the form of tenements of size ranging between 30.0 and 50.0 Sq.m. (1) carpet area (hereinafter referred to as 'affordable housing tenements) shall be constructed at least to the extent of 20% of the basic FSI subject to the following conditions :-

i)  The built-up area of the EWS/LIG tenements constructed under the Scheme shall not be counted towards FSI and such built-up area of EWS/LIG tenements (20%) shall be over and above the permissible FSI/TDR as per UDCPR.

ii)  The Landowner/Developer shall construct the stock of the affordable housing tenements in the same plot and the Authority shall ensure that the Occupation Certificate for the rest of the development under the said scheme is not issued till the occupation certificate is issued for the Affordable Housing tenements under the scheme.

Provided further that the Affordable Housing tenements can also be provided at some other location(s) within 1.0 km. from the original location or within the same ward to the extent of 40% of the basic permissible FSI over and above the permissible built-up area of the receiving\alternative plot and such area shall be free of FSI on such alternative plot.

However, Affordable Housing tenements to be constructed on such alternative plots shall be increased in proportion to the land rate of the respective lands for that year.

iii)  The Owner/Developer, after getting the commencement certificate of the Affordable Housing component as mentioned above shall immediately intimate to MHADA regarding the number of tenements to be disposed of by them to the allottees. Upon such intimation, MHADA within a period of six months, from the date of receipt of such intimation, after following procedure, shall send the list of allottees and forward it to the Owner / Developer. The Owner/Developer shall allot such tenements to the allottees at the construction cost mentioned in ASR applicable of the year of disposal (date of occupancy certificate) plus 25% additional cost. Out of this 25% additional cost, 1% shall be paid to MHADA towards administration charges by the Owner/Developer.

If the allottees fail to deposit the amount in the phased manner as specified in the agreement within the specified time limit, then the allotment shall stand canceled and in such case, the owner/developer shall dispose of such tenements in the market at the construction cost in ASR applicable to the land of the year of disposal plus 25% additional cost to the persons belonging to the EWS/LIG category as determined by Government in Housing Department. This shall also be applicable for plots mentioned in (a) above.

If MHADA fails to send the list within the period of six months as specified above, the concerned Planning Authority, after following the procedure as that of MHADA shall send the list of allottees within six months. If such Authority also fails to send the list as specified above, the Owner/Developer shall be at liberty to dispose of the tenements in the manner mentioned in the para above.

Provided that these regulations shall not be applicable :-

a) In the case of individual bungalows irrespective of plot area, redevelopment of existing buildings of Co-operative societies/development of buildings of Government/Semi-Government/Government controlled bodies including BOT/PPP projects or projects undertaken through agency development under Regulation No.7.3, development of MHADA colony under Regulation No.7.4, Development of housing for EWS/LIG under Regulation No.7.7, Development of PMAY under Regulation No.14.4, any development in agriculture (or equivalent) zone.

b)  in case of development of reservation for Public Housing, Housing the Dis-housed, Public Housing/High-Density Housing, and the EWS/LIG tenements constructed under the provisions of any other Act, land exempted and developed for weaker section housing scheme under section 20 of ULC Act and allowing Residential/Commercial user in Industrial zone.

c)  if the company/factory establishment proposes to construct staff quarters for their staff on their own land and such construction which is meant to be used for only staff quarters and not for the sale of tenements/flats.

d)  lands reserved in the Development Plan which are being developed under the Accommodation Reservation policy.

e)  For any Housing Scheme or residential development project wherein, owing to the relevant provisions of the Development Control Regulations/Laws, 20% or more of the basic FSI is required to be utilized towards the construction of residential tenements for the EWS / LIG.

iv)  The Landowner/Developer may also be permitted to utilize 1/4th of the total 20% FSI earmarked for Affordable Housing towards the construction of Affordable Housing Tenements in the form of service quarters in the same or separate building which shall have to be sold as service quarters only to the purchasers of free sale flats under the said scheme.

v)  Affordable Housing tenements are to be constructed to the extent of 20% of basic FSI only and shall not be required on additional FSI/TDR wherever permissible as per UDCPR.

vi)  Amalgamation of affordable plots/affordable tenements shall not be allowed.

vii) The Government may nominate any other Authority instead of MAHADA mentioned in the above Regulation, if required in the future.

(c) Prospective Applicability : These Provisions shall be applicable prospectively and shall not apply to revised permission of any Layout, Housing Scheme, or residential development project wherein a Commencement Certificate has been issued before the date of coming into force of these provisions and is valid on such date. However, this provision shall be applicable to revised permission where revised permission is sought including an additional area of more than 4000. In such case, this provision shall be applicable to additionally included areas.

Provided that, earlier permission wherein provision for affordable housing is made in accordance with the then prevailing regulations, shall also be entitled for revision under this regulation.

3.8.3 

If the owner/developer desires to construct inclusive housing, even though it is not mandatory, inclusive housing may be provided with prior NOC from MHADA with respect to the requirement of EWS/LIG housing, then in addition to basic entitlement he shall be entitled for, additional 25% FSI of the land covered under Inclusive Housing on his remaining land.

3.8.4 

Provision of Inclusive Housing shall not be applicable, if the plots are auctioned by public authorities without the condition of providing Inclusive Housing before coming into force of these regulations. However, it shall be mandatory on public authorities to stipulate the condition of providing Inclusive Housing as per the provision of this regulation, while auctioning the plots hereinafter, wherever applicable.

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

Provision for Amenity Space in UDCPR 2020

Minimum Plot Area for Various Uses 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

Any city in India is divided into various land use zones: Residential, Commercial, Agricultural, Industrial, etc. So, there is a restriction on the use of land under any zone. For example, You cannot build a Commercial building in an Agricultural Zone, or You cannot build hazardous or high-end Industries in a Residential Zone.

So here are the uses permissible in the Industrial Zone as per UDCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

This is applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities / Special Planning Authorities / Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive / Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

Rule No. 4.8 Industrial Zone

Industries shall include any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled, or processed, for example, assembly plants, laboratories, dry cleaning plants, power plants, pumping stations; smokehouses, laundries, gas plants, refineries, dairies, and sawmills.

The following uses shall be permissible in the Industrial Zone.

i)  The service industries as listed in Regulation No.4.4.2(iv) without restrictions on power requirement, employment, floor area, and other restrictions.

ii)  Any industry/industries may be permitted. Minimum buffer open space/setback (which may include marginal distance and road width, if any) from the boundary of the industrial

Building/use to residential or habitable zone/use, shall not be less than 23.0 m. Such buffer open space shall be kept in the land falling in the industrial zone. In cases where construction has already taken place in an Industrial Zone, then such Buffer open space may be kept in a Residential Zone.

Provided that, the area under such buffer open space/setback shall not be deducted for computation of FSI.

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

Provided further that, industrial godowns/ godowns shall also be permissible under this regulation.

iii) Building or premises in the industrial zone may be used for any industrial as well as accessory uses like banks, canteens, welfare centers, and such other common purposes considered necessary for the industrial workers, quarters of watchmen, caretakers or other essential staff required to be maintained on the premises. Such residential/commercial/other uses may be permitted up to 25% of the total proposed built-up area of such industrial use.

iv) The following uses may also be permitted

a) Parking lots

b) Buildings of public utility concerns

c) Buildings of Banks

d) Residential Hotels, Restaurants

e) Storage Buildings

f) Drive-in-Theatres, cinemas, or theatres, subject to provisions of the Maharashtra

Cinemas (Regulation) Act

g) Highway amenities as permitted in the Agriculture zone with FSI at par with the Industrial zone.

h) Industrial training center/institute

i) Information Technology Establishments. (IT / ITES)

j) Bio-technology units

k) Public Charging Stations for Electric vehicles, Petrol pumps, and Service Stations/Fuel Filling Stations, including LPG/CNG/Ethanol, etc., subject to provisions in Regulation No.6.2.2., Sr.No.6 of Table 6-E.

(l) Hospitals and dispensaries.

v) Transport Hub and Logistic Park, including warehousing, cold storage, multimodal transport, container depot, container freight stations, etc.

4.8.1 Allowing Residential/Commercial Uses in Industrial Zone 

In consultation with the Divisional Head of the concerned division of the Town Planning Directorate in case of areas other than Municipal Corporations and in case of Municipal Corporations without such consultation, and on appropriate conditions.

a)  The existing or newly built-up area of the Industrial unit in the Industrial zone (excluding the area of Cotton Textile Mills) may be permitted to be utilized for Residential or Commercial purposes;

b)  The lands in the Industrial Zone in the Development Plan, Regional Plan excluding the area of Cotton Textile Mills, but including lands in the industrial zone in the Town Planning Scheme area, may be utilized for any of the permissible uses in the Residential and Commercial Zone subject to the following provisions :-

i) Such use shall be allowed only on payment of Premium at the rate of 5%of the land value arrived at as per the Annual Statement of Rates (without considering the guidelines therein) of the respective year. For calculating land value, industrial holding in the development proposal shall be considered. Out of this, 50% amount shall be paid to the Authority and 50% amount shall be paid to the Government.

ii)  The Residential / Commercial use in respect of industries that are not in operation or which are to be closed, shall not be permitted without an NOC from the Labour Commissioner, Maharashtra State, Mumbai, stating that all legal dues have been paid to the workers or satisfactory arrangements between management and workers have been made. However, in respect of any open land in the Industrial Zone where industry never existed, NOC from the Labour Commissioner shall not be required.

iii)  Recreational open space as may be required under regulations for Residential use shall be provided.

iv)  The land to be provided as amenity space in the provisions mentioned hereunder shall be handed over to the Authority free of encumbrances.

v)  In the layout or sub-division of such land admeasuring up to 2 Ha., 10% of land shall be provided for public utilities and amenities, like electric sub-station, bus-station, sub-post office, police outpost, garden, playground, school, dispensary, and such other amenities/utilities as may be considered necessary. In case of land measuring more than 2 ha., such amenity space shall be 10% up to 2 ha. area and 15% for the area over and above 2 ha.

vi)  The land having an area up to (2) 1.0 hectares in size, which is allocated for industrial use, may be permitted to be used for Residential purposes or any other permissible uses in the Residential/Commercial Zone. The owner/developer shall provide either 10% amenity space in the form of open land or 5% built-up space in the proposed construction at the appropriate location, preferably on the ground floor. Amenity TDR, as per regulation containing provisions of TDR, shall be permissible.

vii)  The land under public utility/amenity shall be handed over to the Planning Authority instead of FSI / TDR with proper access and leveling of the land. These areas will be in addition to the recreational space as required to be provided under these regulations.

viii)  At least 50% of total land provided for public amenity/utility space shall be reserved for unbuildable purposes, such as gardens, recreational grounds, etc., by the Authority. (1) Provided that if such amenity space is less than 1000 sq.m., then it shall be reserved only for unbuildable purposes such as garden, and recreational ground and may be allowed on internal road/Layout road/existing road/access road having a width less than 12.0 m.

ix)  The required segregating distance between the Industrial Zone and the area over which Residential use is permitted under this regulation, shall be provided within such land intended to be used for residential or commercial purposes. In case an adjoining area is developed and an obnoxious industry exists on such part, then necessary segregation distance shall be provided. However, if a non-obnoxious user exists on such part, no such segregation distance shall be provided.

x)  Such residential or commercial development shall be allowed within the permissible FSI of the nearby Residential or Commercial Zone.

xi)  Provision for Amenity Spaces shall be considered to be reservations in the Development Plan, and Transferable Development Rights against such amenity as per Regulation No.11.2 may be given, or FSI of the same equivalent to the TDR quantum shall be available for utilization on the remaining land. Moreover, the owner shall be entitled to develop the remaining land with permissible TDR potential, including the land under amenity space, subject to the maximum permissible limit of FSI (Maximum Building Potential) as mentioned in Regulation No.6.3.

xii) Residential / Commercial use may be allowed on the part area of the land holding subject to the condition that the total area of the entire industrial land holding shall be considered for deciding the percentage of the land to be earmarked for public amenity/utility spaces, as per these regulations.

xiii) If Development Plan Reservations (excluding DP Road / Road widening) fall within or adjacent to the land of the same land owner under the I to R provision, then such reservation may be adjusted in amenity space in the following manner :

a)  If the area under the development plan reservation is less than the area required for public amenity space as per this regulation, then only the difference between the areas shall be provided for public amenity space.

b)  If the area under reservation in the development plan is more than the area required for public amenity space as per this regulation, then the area for public amenity space shall be provided equal to the area required under this regulation.

The word "adjacent" shall also include the land of the same owner separated by nallah, river, canal, road, etc., for the purpose of this regulation.

xiv) Provisions of Accommodation Reservation mentioned in Regulation No.11.1 shall not be applicable for the development of amenity space provided in this regulation.

xv) Minimum 10% built-up area (basic FSI) for the area up to 1 ha. and 5% built-up area (basic FSI) for an area more than 1 ha., shall be used for offices and commercial purposes, in case of development undertaken under this regulation, by closing down the existing industry. However, this provision shall not be applicable, in case of permission being sought under this regulation, where such a plot falls in the industrial zone, without existing industry.

xvi) The provision of inclusive housing, as mentioned in Regulation No.3.8, shall not be applicable. However, 20% of the land or FSI proposed to be used for residential purposes shall be utilized for plots below 100 sq. m. in case of plotted layout development or below 50 sq. mt. built-up area tenement in case of construction of housing scheme.

xvii) The industrial zone on which Residential/Commercial permission is granted, it shall be deemed to be converted into a Residential/Commercial zone to the extent of that area, after issuance of the final occupation certificate to the project.

xviii) If, at the request of the Authority, the owner agrees to construct the amenity on the land on such amenity space, then he shall be entitled to construction TDR / FSI as per TDR Regulations.

c) On the date of draft publication of these UDCPR, if the entire holding of a person at a place in an industrial zone measures less than 500 sq.m., then the regulation mentioned in (b) above shall not be applicable and such plot in an industrial zone shall be deemed to be included in the adjoining zone, if requested by the owner.

d) If the land for an industrial unit is acquired under the provisions of the relevant Land Acquisition Act, then prior permission of the Government is necessary before permitting residential use on such lands and additional items and conditions mentioned in Land and Revenue Department, G.R. No.Sankirna-01/2017/C.R.11/A-2, dated 11/01/2018, as amended from time to time, shall be applicable.

Related Regulations to Rule No. 4- 

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

Uses Permissible in Various Zones UDCPR 2020

Uses Permissible in Development Plan Reservations in UDCPR 2020

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

Uses Permissible in Agricultural Zone in UDCPR 2020

Uses Permissible in Public and Semi Public Zone in UDCPR 2020

Uses Permissible in Commercial Zone in UDCPR 2020

What are the Types of Zones in UDCPR 2020

Uses Permissible in Residential Zones R2 in UDCPR 2020

Uses Permissible in Residential Zones R1 in UDCPR 2020

Planning to start a constructional project? Good! But do you really know following things?

what you need to do to reach the construction phase? One may have various question in mind. like

What are the things to consider before building a house?

Different stages of building construction?

Is there any list of preconstruction services ?

What are pre construction planning stages ?

  A lot of us think that construction of a building only needs architects, a bunch of labors, electrician, plumbers, and money. Well, we don’t blame this way of thinking since we have always been portraying this picture when construction is concerned. But every construction project begins only after clearing all the essential legal pre-construction activities. This pre-construction process is little difficult but it make your home or building legally strong & sound. 

Tip – 1

Legal clearance of Land to get site control

The major benchmark before starting any construction process is to gain the complete site acquisition. Complete all the legal process that would define you as the site owner or something that legally gives you the site control. If you are thinking for the reason of its importance let us tell you that mostly the financing sources are unable to release the funds unless and until you have the site control.

These includes – 7/12, property card, Land demarcations, Title & search report, All mutation entries (ferfar), Society allotment letter, sale deed etc

Tip -2

Obtain the project financing

No project can stand strong if the finances are poor. So before starting any of the construction processes make sure you have strong financing in place. But what does actually in place mean? Not every penny can be ready and in hand, the least you could on your end is make sure your financing parties will deliver your need on time effortlessly. There are a lot of banks that offer constructional and another financing for a single project.

Not all Pre-constructional planning phases are in sequence so need to keep the department of financing alert as anything might come up anytime.

For financing you may need following documents –

Land ownership documents (given in tip -1 ), Pan card, Aadhar card, 3 years IT return statement, project estimate, Blue prints, documents of mortgage, salary slip (if any) etc.

Tip – 3

Architectural construction documents & Approvals

Before starting any pre-construction activity the third-party approvals are very important since you cannot start any construction without approval from local planning authority. A general contractor or your architect can get it done on your behalf. Generally, your project will be  reviewed by three main entities –

 – Approval plans & Building drawings

 – Construction team & their licences (contractor, architect, plumber, structural engineer)

 – Health & safety related assurance

 – Precautions to be followed during construction

 – Building rules of local area

Tip – 4 

Site Clearance and Installation of safety measures.

Building foot-print & 2m surrounding space should be cleared on site to start construction. Approach road to the construction area should be cleared so that construction equipments like RMC, JCB, Piling Machine, trucks carrying building material can reach the construction area easily.

Any accident happened on site can bring legal stay on project. Hence appropriate measures for labour safety must be taken.  

Tip – 5

Be Ready with Precise Project Management Plan

As you move forward by finalizing the different components of the project you need to invest your time tailoring the elite project management practices and plans to execute it. If you want to keep your project on track your team must know what the plan is and get ready to deliver it efficiently. 

Schedule your activities considering climatic conditions eg- complete under ground activities like foundation & footing before Rainy season. Plan your activities considering various speed up techniques, like 3rd floor slab & 1st floor brick work can be done simultaneously. 

Tip – 6

Appointment of Good Consultants – 

There is a great difference between knowing something and analyzing something. We recommend you to select consultant’s who not only listen you but analyze your needs properly. Here is list of various consultants for your construction –

Design Architect, Liasoning agency, Structural Consultant, Civil Contractor, Site Supervisor, Plumbing and Electrical consultant (MEP), Landscape Architect, Interior Designer.

Tip – 7

Estimate of Time

Estimate time required for completion of your project. This time must be calculated on real experiences of your surrounding projects. This will help you to plan your shifting (if you are currently using land for some purpose). All your day to day activities like office, job etc will be disturbed during this time. Time estimate will help you to manage it well.

Even during construction you will have to keep follow up to your schedule so that everything is done on time.

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.

Related Regulations to Rule No. 4- 

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

Uses Permissible in Development Plan Reservations in UDCPR 2020

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

Uses Permissible in Agricultural Zone in UDCPR 2020

Uses Permissible in Public and Semi Public Zone in UDCPR 2020

Uses Permissible in Industrial Zone in UDCPR 2020

Uses Permissible in Commercial Zone in UDCPR 2020

What are the Types of Zones in UDCPR 2020

Uses Permissible in Residential Zones R2 in UDCPR 2020

Uses Permissible in Residential Zones R1 in UDCPR 2020

Zone certificate or zoning certificate is a document which tells zone of whole Survey number or gut number. Remember, zone certificate is not for a particular plot, it gives idea of whole Survey Number.

Example – If a Survey Number is affected by a 24 M road, one side of road is agriculture zone & other side is residential zone, then zone certificate will mention that the survey number includes Part residential zone, part agriculture zone & a 24.0 M wide road.

But it will not tell exact zone of your plot alone. To know exact zone of plot you have to take zoning demarcation in which authority will mark zone colour codes on your mojani certificate copy.

What is Zone Certificate ?

It’s a particular survey number of document by which any one can know about reservations mentioned in the DP. Zone certificate indicates the zones of land such as residential, Industrial Commercial, Agriculture and other details of the land like water bodies, and flood line.

Why Zone certificate is required?

This is required in order to facilitate the proper use of land for different purposes. Each zone is assigned for a specific purpose like residential, industrial, commercial, Agriculture etc. So to know the status of land to do further construction Zone Certificate is required.

Zone Certificate ensures that lands are properly marked for a specific purpose so that a particular zone intended for a specific purpose is not used for a different one.

How to get zone certificate online?

7/12 Extract is the essential document to get the zone certificate which indicates the ownership of land and all details of particular plot for which zoning certificate is required. For PMRDA we have to do online application. An application to Pune Corporation or respective authority is a way to get zone certificate.

Foot2Feet can help you in getting zone certificate in Pune, in PMRDA, in PCMC, in Maharashtra, in Thane, in Mumbai, in Pimpri Chinchwad or any municipal council, corporation & town planning or special planning authority like MMRDA.

How to download zone certificate?

Zone certificate cannot be downloaded. Basically, there is a process of Zone certificate in any city or for any location. Respective planning authority can give zone certificate.

In PMRDA there is an online process for Zone Certificate. We get the certificate within 7/8 working days from date of application. While in PMC, there is an offline process and we get the certificate within 4/5 working days from the date of application.

Zone Certificate Charges

To get zone certificate legal fees of 500 Rs has to be paid to government. Other charges like consultant’s fees & cost of getting 7/12 are separate.

Zone Conversion

Know More about Zone Conversion

Zone change is the process of changing the current zone to the different zone, for instance for agricultural use to non- agricultural use, residential use to commercial use etc. However, a plot owner can do request to change the zone of the property he owes, for its different uses.

Role of Scrutiny Committee in zone Change

A proposal scrutiny committee is being constituted as per the accompanying schedule to scrutinize the proposals for change of use department in the approved regional plan and make recommendations to the government. In the same vein, The approved regional plan, the committee should handle the proposal to change the use of non-development area to residential, commercial sector, public / semi-public sector to residential sector, residential sector to industrial sector, and forest department to include lands with less than 1: 5 slopes in agriculture department.

What is the process for zone Change?

Eventually, to do the application for zone change, the owner with the help of licensed engineer or licensed architect needs to be submit the application along with the all the necessary documents to the district collector office. Likewise, the Government will execute the necessary modification proposal as per the requirement received by the Government itself or in response to the request received from the public as required for the change of the zonef Use in the approved Regional Plan. After that the application get verified by the tahasildar. Further, it checked the revenue clearance and technical clearance.  Finally, It issues the conversion order of applied application.

Documents required for zone change

To change the zone of any plot, following documents are required to be submitted along with application of Zone change to the Regional Planning Authority

1. Land ownership records
2. Certified survey map showing the width of existing road available on site or other evidence of existing road available
3. A copy of the standard part map showing the use area as per the approved regional plan of the place
4. Color copy of up-to-date satellite imagery showing space boundaries and surroundings (Google Image)
5. In case of change of land use department under the proposal, water requirement in accordance with the proposed use department, water supply source and minimum water availability from it.
6. Certified copy of the relevant village plan
7. Affidavit / Bond letter made by the landholder in the form prescribed in Schedule C if the land under the proposal is to be included in the Residential Use Department at the request of the landholder.Index II
8. Other ownership documents as required
9. Other useful and supplementary documents / maps as required as required.

 Time required for zone change

Well, changing the zone of open plot is quiet lengthy and time consuming process. However, the members of the committee should provide their views on the proposal within 30 days from the date of appointment of the secretary of the committee. The member should clearly give a copy of such proposal in the letter sent to other committee members. So, zone change of a plot may be take upto 1 to 3 months from the date of its application.

Criteria’s for zone conversion in Maharashtra

So if u are thinking to change the zone of your agricultural land, then the Agriculture Land must be minimum 25 Acres and must have 9 M road is the main criteria to change the zone. Subsequently, to convert the industrial zone to residential zone the zone change process needs to be done. Another key thing to remember that no separate process is required to change the commercial zone into residential zone. Likewise, followings points also kept in mind while applying for the zone change as follows –

1.     Plot Requirement for zone change

2.     Road Width

3.     Water Supply Availability

4.     Pollution Control

5.     Ensuring amenities in the proposals regarding the residential use

6.     Consistency with industrial policy

7.     Regarding naturally sensitive soils

Fees required for the zone conversion

Another, significant factor in zone change, how much it will cost to change the zone. Well, Challan amount, processing fees and notification fees for zne change as given below –

1.     Processing fees and notice publication fees for zone change

To change the zone, the processing fees will be charge at 0.50% amount of land rate or Rs 20,000/- whichever highest which will be nonrefundable.

2.     Zone Change Premium

The Following chart will shows us the premium charges for zone change. Whereas, premium for zone change proposal on sr no. 1 to 4 in below table will charge the  Annual statements rates of developed land, and  Agricultural land rates will be charged as premium for zone change proposal on sr no 5.