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as on July 17, 2024

 

 The Work of Demolition Contractors in Pune’s Re-construction | Foot2Feet

 

: To know the world of demolition contractors of Pune and their working nature.

 

Introduction

Urban development requires destruction of obsolete or hazardous structures in the urban areas. Cities keep on changing, hence increasing the demand for professional demolition contractors who can demolish structures effectively and safely, clear sites and pave the way for new construction projects. This complex operation requires comprehensive planning, strict observation of safety and environmental standards, robust equipment, as well as the use of modern techniques.

The skill of the demolition contractor lies in negotiating the intricacies of each job. It involves handling trash disposal and recycling to preliminary site surveys and securing requisite permissions. It is a process left to experts who ensure every procedure is carried out precisely to reduce hazards not only to surrounding buildings but also to the environment. At their command, they have a range of techniques such as mechanical demolition, controlled implosion, selective dismantling. All of them are adapted to the concrete, needs of the structure and its surroundings.

Understanding the process of demolition is very critical to stakeholders in construction, real estate development, or any other like industry. Through the information below, we will get the insight into the important role of a demolition contractor, especially in Pune City by elaborating on their working tools and techniques, regulatory framework within which they operate, and costs for their services. We, at Foot2Feet care about demolition of the building as much as we care about the construction. 

 

 

 

What are the Conditions for Demolition?

Demolition contractors asses these following mentioned conditions before taking down the building or any construction.

Instable Structure: Structurally unsound buildings and those which pose safety risks.

 

Redevelopment: If the land is required to undergo new construction projects.

 

Environmental Hazards: If hazardous materials like asbestos or lead that cannot be mitigated are present at the site.

 

Safety Codes: Buildings which do not follow current building codes and cannot be renovated economically.

 

Life Cycle of a Building: Older buildings that have reached the end of their useful life and are beyond repair.

Pune being an old city, there are many areas that have old and unstable buildings. Those structures are going for renovation and some are getting dismantle to avoid accidents. 

Alt Text: Monochrome scene depicting life workers construction industry site

Image Source: Freepik.com

 

Equipment and Resources Used by Pune’s Demolition Contractors

Every machine that is required for demolition is designed for a specific purpose. They are equipped with specialized tools to complete the intended work. Demolition contractors use the following machineries to demolish the structure efficiently.

 

  • Excavators: Versatile machinery used to break structures.

 

  • Bulldozers: To push debris and leveling sites.

 

  • Wrecking Balls: Heavy-duty equipment for big-scale demolitions.

 

  • Cranes: To lift heavy materials and machinery.

 

  • Hydraulic Hammers: To break concrete and other tough materials.

 

  • Skid Steer Loaders: To move debris and small-scale demolition.

 

  • Scaffolding: For safe access to different levels of the structure.

 

  • Safety Gear: Helmets, gloves, safety glasses, and harnesses for worker protection.

 

  • Trucks and Dumpsters: To haul away debris and waste.

Demolition contractors of Pune use these tools to make the demolition process convenient and safe for the workers as well as the neighborhoods. At Foot2Feet, we too asses the site for the required tools and equipment. 

 

How do Demolition Contractors in Pune Make the Estimate for a Building Demolition?

In India, also in the big city like Pune, the cost of building demolition normally depends on factors such as location, building materials, and the complexity of the demolition process.

The cost of building demolition can vary widely based on several factors, including:

  • Area and Height of the Building: Buildings with large and taller structure cost more to demolish.

 

  • Location: Urban areas have stricter regulations and limited access that affects the costs.

 

  • Building Materials: Materials like asbestos require special handling and increase costs.

 

  • Method of Demolition: Implosion, mechanical demolition, and deconstruction vary the cost.

 

  • Waste Disposal: The distance to the site of waste desposal and the amount of waste generated also influence the cost

.

Like in the city of Pune, not all the areas or neighborhoods are the same. The demolition cost for a building in Sadashiv Peth will be different from the demolition cost of the building in Kothrud or Swargate. At Foot2Feet, we asses all these factors for safe and smooth demolition.

 

Precautions Taken by Demolition Contractors in Pune City

Various precautions are essential to ensure safety, protect surrounding areas, and comply with regulations. Here are key precautions taken:

  • Site Assessment: By assessing the structure's condition thoroughly, including its stability, presence of hazardous materials (like asbestos), and potential impact on neighboring buildings.

 

  • Safety Planning: A detailed demolition plan that includes safety protocols, emergency procedures, and protective measures for workers, visitors, and nearby residents.

 

  • Permits and Regulations: By obtaining necessary permits and complying with local, state, and federal regulations regarding demolition, environmental protection, and safety standards.

 

  • Utility Disconnection: Coordinating with utility companies to safely disconnect electricity, gas, water, and other services to prevent accidents and ensure worker safety.

 

  • Structural Reinforcement: Strengthening adjacent structures, installing protective barriers, and using shoring techniques to prevent unplanned collapses or damage during demolition.

 

  • Dust and Debris Control: Implementing measures to minimize dust, noise, and airborne debris, by using water sprays, dust curtains, and covering debris piles.

 

  • Waste Management: Managing and disposal of demolition waste properly, segregating materials for recycling and ensuring hazardous materials are handled as per the regulations.

 

  • Emergency Response Plan: With a workable emergency plan in place, including evacuation procedures, first aid resources, and communication protocols in case of accidents or unplanned events.

 

  • Public Safety: By communicating with local authorities, businesses, and residents about the schedule, safety, and any potential disruptions to ensure public safety and minimize inconvenience.

 

  • Environmental Protection: By controlling runoff, preventing soil contamination, and managing hazardous materials responsibly. 

 

  • Post-Demolition Cleanup: A thorough cleanup of the site after demolition, making it free of debris, hazardous materials, and safe for future development or reuse.

If these precautions are followed, demolition contractors can lower the risks, protect the environment, and ensure the safe and efficient practice of demolition projects. Some of the areas in Pune City have very narrow lanes and dense neighborhood. So it becomes crucial for demotion contractors to ensure the safety and take precautions.

 

 

 

Alt Text: Aerial view of a bulldozer demolishing houses

Image Source: Pexels.com

 

How do Demolition Contractors Deal with Illegible Constructions?

Specific procedures are followed to ensure compliance with legal and safety standards while demolishing illegal constructions. Here is how it normally happens:

  • Identification and Verification: Through public complaints, aerial surveys, or field inspections authorities identify illegal constructions. Then with zoning laws, building codes, or land use regulations the structured is verified. 

 

  • Issuing Notice: A notice is issued to owners or occupants of illegal structures from local authorities for violations with a deadline for voluntary compliance or demolition.

 

  • Legal Process: Authorities initiate legal proceedings if owners fail to comply voluntarily. This is done by obtaining a court order or demolition warrant for the demolition of the structure.

 

  • Safety Assessment: Authorities conduct a safety assessment to evaluate potential risks before demolition such as structural instability, hazardous materials, or environmental impacts.

 

  • Demolition Plan: Demolition plan of outlining methods, equipment, safety measures, and waste disposal procedures ensure compliance with environmental and safety regulations.

 

  • Execution: Mechanical demolition (using excavators), manual demolition (hand tools), or controlled implosion (in rare cases) are carried out by contractors using appropriate methods to protect workers and minimize disruption.

 

  • Waste Management: Debris and waste is managed according to regulations, segregating materials for recycling and hazardous waste for proper disposal. Authorities supervise cleaning management to restore the site’s integrity.

 

  • Legal Closure: Authorities make the record of demolition completion to ensure site restoration, and update to compliance with legal requirements.

It is a collaboration among authorities, contractors, and affected parties toward realizing a lawful and efficient resolution. The authorities control the process for the restoration of legality and urban planning standards with a view to public safety. The legal notices of illegal construction in Pune City are issued by the PWD in accordance with municipal authorities. 

Demolition contractors at Foot2Feet take all the required steps in order to take down illegal constructions. 

 

Evolution in the Process of Demolition

The progress of demolition went from labor-intensive manual methods to more approaches that are sophisticated. Nowadays, the modern methods range from implosive demolition techniques implicated on tall structures to advanced hydraulic excavators that let one dismantle with class and new techniques. Advances in recycling most materials to cutoff waste are also available. The safety measures have also evolved over the years; strict protocols regarding hazardous materials and structure assessments become normative practices. 

Alt Text: Man with Hammer Standing on Concrete Wall

Image Source: Pexels.com

 

Techniques Used by Pune’s Demolition Contractors

Each of the techniques chosen based on the structure's size, location, and surrounding environment:

  • Implosion: It is ideal for tall structures in dense urban areas to collapse a building inward.

 

  • Mechanical Demolition: Use of excavators and bulldozers to dismantle buildings piece by piece is done for ensuring controlled deconstruction. 

 

  • Deconstruction: Many reusable materials are saved from going to waste by disassembling a product, thus promoting sustainability.

 

  • Selective Demolition: For renovations or partial demolitions, specific areas are targeted within a structure while preserving other parts.

 

  • High-reach Excavators: These machines are equipped with extended arms for demolishing tall buildings from the top down, enhancing safety and efficiency.

 

  • Manual Demolition: Using hand tools and smaller equipment for dismantling structures in restricted areas or sensitive environments. 

 

  • Explosive Demolition: Its similar to implosion but using controlled explosives strategically placed to bring down buildings in an intended manner.

 

  • Hydraulic Breakers: Hydraulic hammers mounted on excavators or specialized machinery is useful in breaking down concrete and rocks.

 

  • Wrecking Balls: Large steel balls suspended from cranes demolishes masonry and concrete structures through repeated impacts.

 

  • Cutting and Splitting: To cut through reinforced concrete and other tough materials, diamond wire saws or concrete saws are used. 

 

  • Burners and Torches: Oxy-acetylene torches or other thermal cutting methods are used to cut and dismantle steel structures.

 

  • Grapples and Crushers: Excavators are equipped with specialized attachments to grab and crush materials. It is useful in debris removal and recycling.

 

  • Non-Explosive Demolition Agents: These are chemical agents or expansive compounds used to break apart rocks or concrete without explosives.

 

  • Robotic Demolition: In hazardous or inaccessible areas, remote-controlled robots are used which are equipped with tools for precision demolition.

 

  • Manual Methods: For small-scale demolition or selective dismantling, hand tools, such as sledgehammers and jackhammers are used. 

 

Each technique offers unique advantages in terms of efficiency, safety, environmental impact, and suitability for different types of structures and demolition projects. Contractors at Foot2Feet choose the right method which involves factors such as site conditions, neighboring structures, regulatory requirements, and project goals.

 

Safety Measures Taken by Demolition Contractors

There is a potential of structural collapses, fires, hazardous material exposure, and equipment failure or accidents with workers. There has to be a workable safety protocol. 

  • Structural Checks: Regular inspection before and during demolition ensures stability.

 

  • Fire Safety Measures: Fire extinguishers, clear flammable materials, and secure hot work permits.

 

  • Hazardous Material Management: Identify and handle risky materials such as asbestos, lead, and other contaminants according to regulations.

 

  • Equipment Safety Protocols: Machinery operators should have proper training and knowledge of maintenance, and supervision.

 

  • Emergency Response Plans: To avoid onsite emergencies, evacuation routes, emergency contacts, and procedures need to be established.

It is very crucial to be cautious of the accidents. Demolition contractors of Pune follow all the rules and guidelines to make the demolition risk free.

 

Responsibilities of a Demolition Contractor

The demolition contractor is in charge of demolishing buildings and other structures effectively and safely. Their remit encompasses overall supervision of the demolition job process: from planning to obtaining necessary permits, arranging switching off utilities, safety measures, and disposal of waste materials.

 

 

Frequently Asked Questions about Demolition and Contractors (FAQs)

 

Q: What are the various permits and regulations demolition contractors must take care of?

A: Contractors have to obtain demolition permits, follow local building codes, environmental regulations, and safety standards set by Building and Other Construction Workers Act, 1996 and the National Building Code of India, 2005.

Q: How do demolition contractors assesses a job site before demolition?

A: Contractors perform an extensive viewing of the location to survey the structural conditions of the building, hazardous materials, and assess potential risks. This means that contractors view any available architectural plans for the building, evaluate the condition of the building, and consult with engineers and safety experts.

Q: How do contractors handle about the noise pollution during demolition?

A: Contractors use noise barriers and hold high-noise activities during less disruptive hours. Quieter machinery is also used, together with regular equipment maintenance to keep them from being very noisy.

Q: Why is a pre-demolition audit important?

A: A pre-demolition audit establishes materials of value for re-use or recycles, identifies hazardous substances in the process, and determines compliance with environmental legislation. This auditing will help plan a safe demolition process by being effective.

Q: How demotion contractors think about minimal impact on wildlife around job sites?

A: Contractors do environmental impact assessments, which involve identifying wildlife in the area, and their habitats, and take measures for their protection by the use of buffer zones, careful work scheduling to avoid sensitive periods, and, where necessary, the translocation of wildlife.

Q: What are some of the first steps a demolition contractor takes after the approval of a project?

A: At the very beginning, it becomes very important for a contractor to take necessary permits, notify neighbors, arrange utility disconnection, set up safety measures, and mobilize equipment and supervision to the site.

Q: What kinds of buildings or constructions generally require demolition services?

A: Those buildings or constructions, which are old and unsafe, non-operational industrial buildings, non-registered commercial properties, illegal residential houses, and any structure that needs to be removed for redevelopment require to be demolished.

Q: What are the necessary equipment required for standard building demolition?

A: For standard demolition of a building, these are some of the equipment that are required; excavators, bulldozers, wrecking balls, cranes, hydraulic hammers, skid steer loaders, scaffolding, safety gear, and trucks or dumpsters for debris removal.

Q: What can you expect from Foot2Feet for your demolition project?

A: Foot2Feet looks into the site’s requirement before making the plan. We asses all the possibilities with which we can process demolition with at most precautions. We practice all the safety measures and follow the rules to get the job done efficiently. 

Q: How safety is ensured on-site during the demolition process?

A: The safety at the time of demolition is ensured through rigorous planning, by using protective gear, implementing safety protocols, conducting regular safety meetings, and continuous monitoring of the site.

Q: What is the process for disconnecting utilities before the start of demolition?

A: Contractors coordinate with utility companies or government authorities to disconnect water, gas, electricity, and sewer lines to prevent accidents during demolition.

Q: How are the waste and debris managed during and after the demolition process?

A: The waste is sorted on-site itself, with materials like concrete, metal, and wood separately goes for recycling. Debris is then loaded into trucks and transported to appropriate disposal facilities.

Q: How do contractors handle the environmental impact of a demolition project?

A: Environmental impact is minimized by controlling dust, managing waste responsibly, using eco-friendly equipment, and ensuring proper disposal of hazardous materials.

Q: How do factors like building size, location, and materials affect the cost of demolition?

A: Larger buildings, urban locations with restricted access, and structures containing hazardous materials increase demolition costs due to higher labor, equipment, and disposal needs.

Q: Under what conditions a building is considered unsafe and requiring demolition?

A: Conditions include severe structural damage, risk of collapse, extensive mold or pest infestations, and the presence of hazardous materials that cannot be safely removed.

Q: What steps do contractors take to minimize disruption to the surrounding area?

A: Steps include using barriers and fencing, scheduling work during off-peak hours, controlling dust and noise, and coordinating with local authorities to manage traffic and pedestrian safety.

Q: Can you describe the importance of an experienced crew in a demolition project?

A: An experienced crew is crucial for safely handling complex demolition tasks, anticipating potential issues, and ensuring the project is completed on time and within budget.

Q: How do contractors plan for unexpected challenges during demolition?

A; Contingency plans are developed to address potential issues such as hidden hazardous materials, equipment failure, and unexpected structural problems, ensuring minimal delays and safety risks.

Q: What is the importance of post-demolition site cleanup and preparation for future use?

A: Post-demolition cleanup is essential to remove debris, ensure the site is safe and ready for new construction, and comply with environmental regulations, providing a clear and build-ready area for future development.

 

By addressing these questions and insights, potential clients and stakeholders can gain a comprehensive understanding of the demolition process and the critical role contractors play in ensuring safe and efficient project execution. 

At Foot2Feet, there is an assurance that you will find a good demolition contractor who will understand the requirements of the project and will act with all the necessary guidelines by followings the safety precautions. 

Regulations for Grant of Transferable Development Rights in UDCPR 2020

UDCPR 2020 Chapter 11 is all about the Acquisition And Development Of Reserved Sites in Development Plans as per mentioned in the UDCPR 

 

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

 

Rule No. 11.2 Regulations for Grant of Transferable Development Rights

 

11.2.1  Transferable Development Rights

 

Transferable Development Rights (TDR) is compensation in the form of Floor Space Index (FSI) or Development Rights which shall entitle the owner for construction of 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.

 

11.2.2 Cases Eligible for Transferable Development Rights (TDR)

 

Compensation in terms of Transferable Development Rights (TDR) shall be permissible for -

 

i) Lands under various reservations for public purposes, new roads, road widening, etc., which are subjected to acquisition, proposed in Draft or Final Development Plan, prepared under the provisions of the Maharashtra Regional and Town Planning Act, 1966.

 

ii) Lands under any deemed reservations according to any regulations prepared as per the provisions of the Maharashtra Regional & Town Planning Act, 1966.

 

iii) Lands under any new road or road widening proposed under the provisions of Maharashtra Municipal Corporation Act, Maharashtra Municipal Council, Nagar Panchayat, and Industrial Township Act.

 

iv) In the case where the layout is submitted along with the proposed Development Plan Road, in such cases TDR shall be permissible for the entire road width as per these regulations.

 

v) Development or construction of the amenity on the reserved or deemed reserved land.

 

vi) Unutilized FSI of any structure or precinct which is declared as a Heritage structure or precinct under the provisions of Unified Development Control and Promotion Regulations, due to

restrictions imposed in that regulation.

 

vii) In lieu of constructing housing for slum-dwellers according to regulations prepared under the Maharashtra Regional & Town Planning Act, 1966.

 

viii) For handing over land to the Authority for development of housing under PMAY by the Authority.

 

11.2.3 Cases not eligible for Transferable Development Rights (TDR)

 

It shall not be permissible to grant Transferable Development Rights (TDR) in the following circumstances :-

 

i) For earlier land acquisition or development for which compensation has been already paid partly or fully by any means.

 

ii) Where an award of land has already been declared and which is valid under the Acquisition Act or the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 unless lands are withdrawn from the award by the Appropriate Authority according to the provisions of the relevant Acts.

 

iii) In cases where the layout has already been sanctioned and layout roads are incorporated as Development Plan roads prior to these regulations.

 

iv) If the compensation in the form of FSI/or by any means has already been granted to the owner.

 

v) Where lawful possession including by mutual agreement/or contract has been taken and such agreement does not provide for TDR.

 

vi) For an existing user or retention user or any required compulsory open space or recreational open space or recreational ground, in any layout.

 

vii) For any designation, allocation of the use or zone which is not subjected to acquisition.

 

viii) Existing nallah, river, natural stream, natural pond, tank, water bodies, etc.

 

ix) Reservations that are not developable under the provisions of UDCPR.

 

x) For the lands owned by the State Government.

 

11.2.4 Generation of the Transferable Development Rights (TDR)

 

Transferable Development Rights (TDR) against surrender of land :-

 

a. For surrender of the gross area of the land which is subjected to acquisition, free of cost and free from all encumbrances, the owner shall be entitled to TDR or DR irrespective of the FSI permissible or development potential of such land to be surrendered and also that of land surrounding to such land at the rate given below :-

 

Area Designated on DPEntitlement for TDR / DR
Non-Congested Area2 times the area of surrendered land.
Congested Area3 times the area of surrendered land.

 

Note :-

 

i) The quantum of Transferable Development Rights (TDR) generated for reservation in the area having total legal impediment/constraint on construction or development like CRZ/Hazardous zone/Low-Density zone, shall be 50% of TDR generated as prescribed above.

 

ii) The quantum of Transferable Development Rights (TDR) generated for Bio Diversity Park reservation shall be 8% of the gross area.


(Explanation: The above entitlement may also apply to the compensation paid in the form of FSI to the owner to be utilized on the unaffected part of the same land parcel, and in such cases, the procedure of DRC shall not be insisted.)

 

Provided that, if leveling of land and construction/erection of the compound wall/fencing as per Clause (b) below to the land under surrender is not desirable considering the total area of reservation, the quantum of TDR shall be reduced to 1 : 1.85 and 1 : 2.85 in non- congested area and congested area respectively. In such cases, the owner shall also have an option of paying the cost of the construction of a compound wall (as decided by the Authority) without reducing the quantum of TDR.

 

Provided further that such construction/erection of compound wall/fencing shall not be necessary for area under development plan roads. In such cases TDR equivalent to entitlement as mentioned above shall be granted without any reduction.

 

Provided also that Additional/incentive Transferable Development Rights (TDR) or Development Rights (DR) to the extent of 5% of the surrendered land area shall also be allowed to the land owners who submit the proposal for grant of Transferable Development Rights (TDR) of land reserved in the development plan, within 2 years from the sanction of these regulations.

 

Provided that the quantum of generation of TDR as prescribed above, shall not be applicable for TDR generated from the construction of amenities or construction of reservation/deemed reservations/roads, Slum TDR, Heritage TDR.

 

b. DRC shall be issued only after the land is surrendered to the Authority, free of cost and free from encumbrances, after leveling the land to the surrounding ground level, and after constructing/ erecting a 1.5 m. high compound wall/fencing, i.e., brick/stone wall up to 0.60 m. above ground level and fencing above that up to the remaining height with a gate, at the cost of the owner and to the satisfaction of the Authority.

 

c. If any contiguous land of the same owner/developer, in addition to the land under surrender for which Transferable Development Rights (TDR) is to be granted, remains unbuildable, the Authority may grant Transferable Development Rights (TDR) for such remaining unbuildable land also if the owner/developer hands it over free of cost and free from all encumbrance and encroachment. If such land is from the proposed roads then such land shall be utilized for roadside parking, garden, open space, or roadside amenities including bus bays, public toilets, or any compatible user as the Authority may decide and if the such land is from the proposed reservation then same shall be included in such proposed reservation and shall be developed for the same purpose.

 

d) In the case of the lessee, the award of Transferable Development Rights (TDR) shall be subject to the lessee paying the lessor or depositing with the Authority for payment to the lessor, an amount equivalent to the value of the lessor's interest to be determined by the Authority on the basis of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against the area of land surrendered, free of cost and free from all encumbrances.

 

e) Where the authority has taken the possession of the reserved land in the development plan with the commitment of granting TDR / DRC in the past and DRC is not issued, in such cases, DRC shall be issued for the quantum as per this UDCPR.

 

11.2.5 Transferable Development Rights (TDR) against Construction of Amenity -

 

When an owner or lessee, with prior approval of the Authority, develops or constructs the amenity on the surrendered plot, at his own cost subject to such stipulations as may be prescribed and to the satisfaction of the Authority and hands over the said developed/constructed amenity free of cost to the Authority, then he may be granted a Transferable Development Rights (TDR) in the form of FSI as per the following formula :-

 

Construction Amenity TDR in Sq.m. = A / B * 2.00 Where,

 

A = cost of construction of amenity in rupees as per the rates of construction mentioned in Annual Statement of Rates (ASR) prepared by the Inspector General of Registration for the year in which construction of amenity is commenced. (In the case of the construction of a new D.P. road, the cost of construction as worked out on the basis of the District Schedule of Rates.)

 

B = land rate per Sq.m. as per the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration for the year in which construction of amenity is commenced.

 

In the case of buildings like auditoriums, assembly, etc. wherein the height of the building is higher, the cost of the building may be worked out from the Public Works Department as per applicable DSR. Also, expenses for ancillary requirements only of immovable items like acoustic, etc. may also be included in such cost. Such expenses for ancillary requirements may also be considered for hospital and educational buildings.

 

If any person, with the consent of the authority, constructs the D.P. road by obtaining development rights/consent of the other owners whose land is covered under the D.P. road, then such person may be entitled for construction amenity TDR subject to -

 

i) This provision shall only apply to the construction of a new road proposed in the Development Plan.

 

ii) One end of the road should meet other existing public roads.


iii) The specifications for the construction of the road shall be as decided by the Authority.

 

11.2.6 Utilisation of Transferable Development Rights (TDR)

 

i)  A holder of DRC who desires to use FSI credit therein on a particular plot of land shall attach valid DRCs to the extent required with his application for development permission. Proposal for Transferable Development Rights (TDR) utilisation shall be submitted along with the documents as may be prescribed by the Authority or by the Government from time to time.

 

ii)  With an application for development permission, where an owner seeks utilization of DRC, he shall submit the DRC to the Authority who shall endorse thereon in writing in figures and words, the quantum of the TDR proposed to be utilized, before granting development permission. Before issuance of the Occupation Certificate, the Authority shall endorse on the DRC, in writing in figures and words, the quantum of TDR/DRs actually used and the balance remaining, if any

 

iii)  The Transferable Development Rights (TDR) generated from any land use zone shall be utilized on any receiving plot irrespective of the land use zone including development plan reservations of a buildable nature and anywhere in the congested or non-congested area or town planning scheme area earmarked on Development Plan. The equivalent quantum of Transferable Development Rights (TDR) to be permitted on the receiving plot shall be governed by the formula given below :-

 

Formula: X = (Rg / Rr) x Y Where,

 

X= Permissible Utilisation of TDR/DR in sq.m. on receiving plot.

 

Rg = The Rate for land in Rs. per sq.m. as per the ASR of generating plots in the generating year. 

 

Rr=  Rate for land in Rs. per sq.m. as per ASR of receiving plot in generating year. 

 

Y= TDR debited from DRC in sq.m.

 

11.2.7  Utilisation of Transferable Development Rights (TDR) and Road Width Relation

 

i) The total maximum permissible built-up area and utilization of Transferable Development Rights (TDR) on the receiving plot shall be, as per Regulation No.6.1, 6.2, and 6.3.

 

ii) The quantum of maximum permissible TDR loading mentioned in Table 6-G of Regulation No.6.3 shall include a minimum 30% and a maximum of 50% slum TDR/URT/Amenity TDR (wherever applicable). If such TDR is not available, the other TDR may be used. Moreover, this shall not be applicable for TDR loading mentioned in Regulation No.6.1.1. Table 6-A.

 

iii) The utilization of Transferable Development Rights (TDR) shall be permissible by considering (1) the provision mentioned in Note (xiv) below Table No.6-G of Regulation No.6.3.

 

11.2.8  Areas Restricted from Utilisation of Transferable Development Rights (TDR)

 

Utilization of Transferable Development Rights (TDR) shall not be permitted in the following areas :-

 

a. Agricultural/No Development/Green Zone/Green Belt/Regional Park/HTHS Zone and Bio Diversity Park reservation in the Development Plan.

 

b. Area within the flood control line i.e. blue line (prohibitive zone) as specified by the Irrigation Department.

 

c. Coastal regulation zone.

 

d. Area having developmental prohibition or restrictions imposed by any notification issued under the provisions of any Central/State Act (like CRZ regulations, Defense restriction areas, etc.) or under these regulations.

 

c. Koregaon Park area in Pune Municipal Corporation area.

 

11.2.9 General stipulation

 

i) Development Rights (DRs) will be granted to an owner or lessee, only for reserved lands that are retainable and not vested or handed over to the Government/Urban Local Bodies and not exempted under section 20 or 21 of the then Urban Land (Ceiling and Regulations) Act, 1976 and undertaking to that effect shall be obtained, before a Development Right is granted. In the case of schemes sanctioned under section 20 or 21 of the said Act, the grant of Development Rights (DRs) shall be to such extent and subject to the conditions mentioned in section 20 or 21 scheme and such conditions as the Government may prescribe. In the case of non-retainable land (surplus land), the grant of Development Rights shall be to such extent and subject to such conditions as the Government may specify. The provisions of this Regulation shall be subject to the orders issued by the Government from time to time in this regard.

 

ii) In case of lands having tenure other than Class-I, i.e. Inam lands, tribal lands, etc., N.O.C. from the Competent Authority shall be produced by the landholder at the time of submission of application for grant of TDR.

 

iii) DRC shall be issued by the Authority as a certificate printed on bond paper in an appropriate form prescribed by him. Such a certificate shall be a “transferable and negotiable instrument” after the authentication by the Authority. The Authority shall maintain a register in a form considered appropriate by him of all transactions, etc. relating to the grant of, or utilization of DRC.

 

iv) The Authority shall issue DRC within 90 days from the date of application or reply from the applicant in respect of any requisition made by him, whichever is later.

 

v) The TDR shall be granted only for those reservations that are developable for the intended purpose under these regulations.

 

11.2.10 Transfer of DRC

 

The Authority shall allow the transfer of DRC in the following manner :-

i)  In case of death of the holder of DRC, the DRC shall be transferred only on production of the documents, as may be prescribed by him, from time to time, after due verification and satisfaction regarding title and legal successor.

 

ii) If a holder of DRC intends to transfer it to any other person, he shall submit the original DRC to the Authority with an application along with relevant documents as may be prescribed by the Authority and a registered agreement which is duly signed by the Transferor and Transferee, for seeking the endorsement of the new holder's name, i.e., the transferee, on the said certificate. The transfer shall not be valid without endorsement by the Authority and in such circumstances the Certificate shall be available for use only to the holder/transferor.

 

The utilization of TDR from such a certificate shall not be permissible during the transfer procedure.

 

iii) The Authority may refrain the DRC holder from utilizing the DRC in the following circumstances :-

 

a)  Under direction from a competent Court.

 

b)  Where the Authority has reason to believe that the DRC is obtained

 

a) by producing fraudulent documents  b) by misrepresentation,

 

iv) Any DRC may be utilized on one or more plots or lands whether vacant, or already developed fully or partly by the erection of an additional storey, or in any other manner consistent with the these Regulations.

 

v) DRC may be used on plots/land having Development Plan reservations of buildable nature, whether vacant or already developed for the same purpose, or on the lands under deemed reservations, if any, as per these Regulations or on amenity space.

 

vi) DRC may be used on plots/land available with the owner after surrendering the required land and construction to the Authority under the provisions of Accommodation Reservation. In such circumstances, for the purpose of deciding the receiving potential of the plot for the Transferable Development Rights (TDR), the total area of the reservation before surrender shall be considered.

 

11.2.11  Infrastructure Improvement Charges -

 

No infrastructure improvement charges shall be paid for the utilization of TDR.

 

11.2.12 Vesting of Land 

 

The Authority, before issuing DRC, shall verify and satisfy himself that the ownership and title of the land proposed for surrender is with the applicant, and get the Record of Right corrected in the name of Authority.

 

In case the Appropriate Authority for reservation is other than the Authority, it shall be permissible for the Authority, on the request of such authority to grant TDR under this regulation and hold such possession as a facilitator.

 

Provided that, the Authority shall hand over the possession of such land to the concerned Appropriate Authority, after receipt of the value of land, from such Appropriate Authority as per the Annual Statement of Rates prevailing at the time of handing over possession of land under reservation.

 

Provided also that, if such Appropriate Authority is the State Government or State Government Department, the Authority shall handover the possession of such land to the concerned Department, free of cost.

 

11.2.13 Effect of this Regulation

 

DRC issued under the old regulations as per TDR zone, shall be utilized as per these regulations considering the year of generation of TDR mentioned on the original DRC and accordingly land rate in the relevant ASR shall be considered.

 

Provided also that old TDR purchased as per TDR zones for utilization on a specific plot with registered documents of sale and/or specific proposal for utilization of such TDR pending in the ULBs, shall be allowed completely as per the old regulations.

 

Rule No. 11.3 Reservation Credit Certificate (RCC)

 

The reservation credit certificate is a certificate specifying the amount of compensation in lieu of handing over of reserved land to the Corporation and shall be issued by the Authority. The amount mentioned in this credit certificate may be used for payment of various charges like development charges, premiums, property tax, infrastructure charges, etc. to the authority from time to time in the future till exhausting the amount mentioned therein. Reservation Credit Certificate shall be issued subject to the following conditions.

 

i) The authority shall acquire the land under reservation in lieu of RCC only when it is immediately required for the development or creation of amenities or services or utilities.

 

ii) Such certificate shall not bear any interest on the amount mentioned therein and shall be transferable. However, payment being made to the authority through the amount from RCC after six months from the date of issue of RCC shall be discounted @ 10% for the payments to be made under provisions of these UDCPR.

 

iii) The amount of compensation to be paid to the owner shall be as per the provisions of the relevant Acts dealing with land acquisition as amended from time to time.

 

iv) The land to be handed over to the Corporation shall be free from all encumbrances and procedures laid down in TDR regulations shall be followed.

 

The Authority shall endorse the entries of payment on such certificate from time to time. It shall maintain a record in a form considered appropriate by it of all transactions relating to the grant of the utilization of reservation credit certificate.

 

 

Related Regulations to Rule No. 11- 

 

You can visit our other blog on Regulation 11 through the below-mentioned links:

 

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

 

When authority can reject building Proposal in India?

Here Are different reasons for which a building proposal can be rejected by Planning Authority

  1. Proposed use of land like residential, shopping mall, office, hotel etc must be allowed in zone of that land.
  2. If plans submitted are not as per building rules of that area.
  3. Applicant do not submit all required documents in its prescribed format.
  4. If the site is not capable of being well drained.  it means If the level of the site is less than prescribed datum level depending on topography and drainage aspects.
  5. If it is within blue line or flood line of any water body like river, Nala, dam back water etc.
  6. If the use of the site is for the purpose, which will be a source of annoyance to the health and comfort of the inhabitants of the neighborhood.
  7. If land is under proposed road by any authority (National Highway, State highway, Major district road, Ordinary district road, Development plan road, DP Road, Village Road etc). For land partially affected by any road, owner of that property have to surrender road area to respective authority of that road. On remaining land he can construct after leaving front margin as per rules.
  8. If land is within 30 m from metro line or railway line. In this case owner will get FSI of affected area, but he will have to leave desired distance between building and railway track.
  9. If land is within 100 m airport boundary (after 100 m it is permissible as per permissible height from aviation department)
  10. If it is within 30 m from hill top hill slope or BDP zone.
  11. If balance portion of land after leaving all reservation on that land is non buildable then land cannot be developed
  12. If the property do not have access from an authorized road / street.
  13. If the land is within a prohibited distance of various red zones.
  14. If it is hilly and having slope more than 1:5.

Any land in India can only be developed under permissible land use, defined by planning authority (government body) in that region.

Definitions in Administration in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration as per mentioned in the UDCPR 

 

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

 

Rule No. 1.3 Definitions

 

In these Regulations, unless the context otherwise requires, the definitions given hereunder, shall have meaning indicated against each of them.

 

Words and expressions which are not defined in these Regulations, shall have the same meaning or sense as in the :-

 

i)  Maharashtra Regional and Town Planning Act, 1966

 

ii)  Maharashtra Municipal Corporations Act, 1949

 

iii)  Nagpur Improvement Trust Act, 1936

 

iv)  Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965

 

v)  Maharashtra Metropolitan Region Development Authority Act, 2016

 

vi)  Maharashtra Land Revenue Code, 1966

 

vii)  Real Estate (Regulation and Development) Act, 2016

 

viii)  National Building Code of India, 2016

 

ix)  Maharashtra Housing and Area Development Act, 1976

 

x)  Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971

 

1. Act - means the Maharashtra Regional & Town Planning Act, 1966 as may be amended from time to time.

 

2. Addition/Alteration - means any change in existing authorized building or change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor, roof or other support or a change to or closing of any required means of ingress or egress or a change to the fixtures of equipment as provided under these regulations. However, modification in regards to gardening, whitewashing, painting, plastering, pointing, paving and retiling shall not be deemed to be alteration.

 

3. Advertising Sign - means any surface or structure with characters, letters or illustrations applied thereto and displayed outdoors in any manner whatsoever for purposes of advertising or to give information regarding or to attract the public to any place for public performance, article or merchandise whatsoever, or is attached to, or forms a part of the building, or is connected with any building or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body.

 

4. Air-conditioning - means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditioned space.

 

5. Accessory Building - means a building separate from the main building on a plot and containing one or more rooms for accessory use such as servant quarters, garages, store rooms etc.

 

6. Accessory/Ancillary Use - means any use of the premises subordinate to the principal use and incidental to the principal use.

 

7. Amenity Space - for the purpose of these regulations, amenity space means a statutory space kept in any layout to be used for any of the amenities such as open spaces, parks recreational grounds, playgrounds, sports complexes, gardens, convenience shopping, parking lots, primary and secondary schools, nursery, health club, Dispensary, Nursing Home, Hospital, sub-post-office, police station, electric substation, ATM of banks, electronic cyber library, open market, garbage bin, assisted living and hospice together, senior citizen housing and orphanage together, project affected persons' housing, auditorium, conventional centre, water supply, electricity supply and includes other utilities, services and conveniences.

 

8. Annual Statements of Rates - means the Annual Statements of Rates (ASR) published by the Inspector General of Registration, Maharashtra State, Pune.

 

9. Architectural Projection - means a chajja, cornice, etc. which is a protrusion from the building facade or line of the building only for aesthetic purposes and not used for any habitable purpose.

 

10. Access - means a clear approach to a plot or a building.

 

11. Architect - An Architect who is a member of the Indian Institute of Architects and duly registered with the Council of Architecture under the Architects Act, 1972.

 

12. Apartment - means whether called block, chamber, dwelling unit, flat, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified.

 

13. Applicant - means any person who is an owner or a person having an irrevocable registered Power of Attorney of an owner and any other document as acceptable to the Authority.

 

14. Authority means :

 

i) in the case of a Municipal Corporation, the Municipal Commissioner or such other officer as he may appoint on this behalf.

 

ii)  in the case of a Zilla Parishad, the Chief Executive Officer or such other officers as he may appoint on this behalf.

 

iii)  in the case of a Municipal Council, the Chief Officer of the Council; and

 

iv)  in the case of any other local authority, Special Planning Authority, New Town Development Authority or Area Development Authority, the Chief Executive Officer or person exercising such powers under Acts applicable to such authorities.

 

v)  in the area of a Regional Plan, the Collector of the District.

 

vi)  in the case of Development Authorities established under the Metropolitan Region Development Authorities Act, the Metropolitan Commissioner or such other officer as he may appoint on this behalf.

 

vii)  in case the land is situated in the gaothan, within the meaning of clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966, the village Panchayat concerned.

 

15. Atrium - means a skylighted and naturally/mechanically ventilated area in a building, with no intermediate floors and used as circulation space or entrance foyer.

 

 

16. Balcony - means a horizontal cantilever projection, including parapet, handrail or balustrade to serve as a passage or sitting out place with at least one side open, except for the railing or parapet wall for safety.

 

 

Also, the non-cantilever balcony shown in the illustration below shall be treated as a balcony.

 

 

17. Basic FSI - means floor Space Index permissible without levy of premium or loading of TDR on any parcel of land as per the provisions of these regulations.

 

18. Basement/Cellar - means the lower storey of a building below or partly below the ground level with one or more than one level.

 

19. Biotechnology Unit/Park - means a Unit or a Park which is certified as such by the Development Commissioner (Industries).

 

20. Building - means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, wells, doorsteps, fencing, plumbing and building services, fixed - platforms, verandahs, balcony; cornice or projection, part of a building or anything affixed thereto or any wall fence enclosing or intended to enclose any land or space and signs and outdoor display structures. However, tents, shamiyanas and the tarpaulin shelters erected for temporary and ceremonial occasions with the permission of the Authority shall not be considered as buildings.

 

21. Built-up Area - means the area covered by a building on all floors including cantilevered portion, and mezzanine floors, if any, but excluding the areas specifically exempted from the computation of Floor Space Index (F.S.I.) under these Regulations.

 

22. Building Line - means the line up to which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend. It includes the lines prescribed, if any, in any scheme and/or development plan/Regional Plan, or under any other law in force.

 

23. Building Height - means the vertical distance measured in the case of flat roofs, from the average level of the ground around and contiguous to the building or as decided by the Authority to the terrace of last floor of the building adjacent to the external walls; to the highest point of the building and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof; and in the case of gable facing road, the mid-point between the eaves level and the ridge. Architectural features serving no other function except that of decoration, terrace water tank, staircase roof and parapet wall shall be excluded for the purpose of measuring heights.

 

24. Cabin - means a non-residential enclosure constructed of non-load bearing, non-masonry partitions.

 

25. Carpet area - means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or veranda area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.

 

Explanation (1) - The expression "exclusive balcony or veranda area" means the area of the balcony or veranda, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee; and "exclusive open terrace area" means the area of open terrace which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee.

 

Explanation (2) - If in any regulation of these regulations, the carpet area is defined differently than what is mentioned here, then the carpet area as mentioned in that regulation, shall be applicable.

 

26. Chajja - means a sloping or horizontal structural overhang usually provided over openings on external walls to provide protection from sun and rain and for the purpose of architectural appearance.

 

27. Chief Fire Officer - means a Chief Fire Officer as specified in the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 and Rules there under as amended from time to time.

 

28. Chimney - means an upright shaft containing one or more flues provided for the conveyance to the outer air of any product of combustion resulting from the operation of heat-producing appliance or equipment employing solid, liquid or gaseous fuel.

 

29. Cluster - means any area of land so defined, under these regulations.

 

30. Combustible Material - means a material which when burnt adds heat to a fire when tested for combustibility in accordance with IS 3808-1979 : Method of test for non-combustibility of building materials (first revision) given in the National Building Code.

 

31. Congested Area - In the case of the Regional Plan area, a land included within the gaothan as determined under Maharashtra Land Revenue Code, 1966, and in the case of other areas as specifically earmarked in the Development Plan/Planning Proposal. (In the case of Nashik Municipal Corporation, a congested area is referred to as a Core area).

 

32. Control Line - means a line on either side of a highway or part of a highway beyond the building line fixed in respect of such highway by the Highway Authority from time to time.

 

33. Courtyard or Chowk - means a space permanently open to sky enclosed on sides fully or partially by buildings and may be at ground level or any other level within or adjacent to a building.

 

34. Canopy - means a cantilevered projection over any entrance to a building.

 

 

35. Convenience Shops - means shops for day-to-day domestic needs, as distinguished from wholesale trade or departmental stores.

 

36. Corridor - means a common passage or circulation space including a common entrance space.