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

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

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

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

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

Rule No. 5.3 For Ratnagiri - Sindhudurg Regional Plan

The Development Control Regulations sanctioned for the Ratnagiri - Sindhudurg Regional Plan shall

cease to operate, and the following provisions shall be applicable -

Rule No. 5.3.1  Area within Ratnagiri District -

The zoning of lands within local authorities’ area/special planning authorities’ areas shall be governed by zoning/proposals shown in the Development Plan/Planning proposal/Plan. The remaining area of the district where such a plan is not sanctioned shall be treated as an Agricultural zone. All the provisions of this UDCPR shall be applicable with the following additions.

Residential development or development permissible in the Residential zone shall be permitted in the Agriculture zone within a distance of 200 m. from the pada, with payment of premium as mentioned in Regulation No.5.1.1. However, such premium shall not be applicable for individual housing or bungalow, not exceeding two units.

Rule No. 5.3.2  Area within Sindhudurg District -

The Development Control Regulations sanctioned by the Government in respect of the Sindhudurg Tourism Plan vide Notification No.TPS-1997/355/C.R.99/UD-12, dt.15/10/2004 shall cease to operate, and the following provisions shall be applicable.

The following land use zones are shown on the Regional Plan of the Sindhudurg district area.

i) Exclusive Tourism Zone shall include :

ii) Other Zone shall include

a) Industrial Zone.

b) Forest Zone.

c) Agricultural and Horticultural Zone.

iii) For the T-1 zone in the Regional Plan, all provisions of UDCPR shall be applicable as per

zoning in the respective Development Plan or Planning Proposals.

iv) T-2 and T-3 zones in the Regional Plan shall be treated as Residential Zone, and all

provisions of UDCPR shall be applicable. However, the height of the building shall not exceed 16.0 m.

v) For zone plans approved under the M.L.R.C. and included in the Regional Plan, all

provisions of UDCPR shall be applicable according to the zone in the said zone plans.

vi)  For the T-4 zone, the following uses shall be permissible.

Note-

a)  All other uses permissible in the Agricultural zone shall be permitted in the T-4 zone subject to a maximum FSI of 0.50 and height of building up to 12.0 m.

b)  The FSI limit mentioned above in Sr.No.1, 3, and 4 of the table may be allowed to be exceeded up to 0.50 subject to payment of premium as mentioned in Regulation No.4.11.

c)  Reconstruction/Redevelopment of existing buildings is permitted without considering the minimum area of the plot, and FSI shall be as per the above table or FSI utilized for the existing authorized structure.

d)  Minimum plot size norms shall not be applicable to the "Bread and Breakfast Scheme" approved by M.T.D.C.

vii) For the T-5 zone, the following uses shall be permissible.

Note -

a) The FSI mentioned in the above table shall be allowed to be exceeded up to 1.00, with the payment of premium at the rate of 30% of rates mentioned in ASR, without following guidelines therein.

b) The development permissible shall be subject to provisions of Coastal Regulation Zone Notification No.G.S.R.37(E), dated 18th January, 2019, as amended or replaced from time to time.

c) All other uses permissible in the Agricultural zone shall be permitted in the T-5 zone subject to a maximum FSI of 0.50 or mentioned in the said regulations in an agricultural zone, whichever is minimum, and the height of the building up to 12.0 m.

d) Reconstruction/Redevelopment of the existing buildings is permitted without considering the minimum area of the plot, and FSI shall be as per the above table or FSI utilized for the existing authorized structure.

e) Minimum plot size norms shall not be applicable to the "Bread and Breakfast Scheme" approved by M.T.D.C.

viii) The following villages are identified as tourism growth centers-

Kunkeshwar - Mithbav, Hindale, Achara, Tondavali, Mahapan, Shiroada - Aravali, Amboli and Phonda.

"Tourism Growth Centers" shown on the Regional Plan are for the purpose of showing places of tourist interest.

ix)  The places of "Konkan Tourism Village" and "Day Visit Points" shown on the plan are also places of tourist interest.

x)  Development in Industrial Zone, Forest Zone, Agricultural/Horticultural zone and other zone, if any, shall be governed by the provisions mentioned in this UDCPR. However, in such cases, the FSI and height of the building shall not exceed 0.50 and 12.0 m. respectively.

xi)  Natural expansion of Gaothan shall be allowed within 200 m. from the Gaothan boundary, and regulations of the Residential Zone shall apply. The villages which are not having notified gaothan of the residential and other non-agricultural development shall be permitted only along the existing public roads up to a plot depth of 45 m. from the road boundary, and regulations of the Residential Zone shall apply. For this development premium shall be applicable as per Regulation No.5.1.1. However, such premium shall not be applicable for individual housing or bungalow, not exceeding two units. The provisions in proviso to Regulation No.5.3.1 shall also be applicable.

Related Regulations to Rule No. 5 - 

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

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

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

Additional Regulation for Ratnagiri in UDCPR 2020

Additional Regulations for Kolhapur in UDCPR 2020

Additional Regulations for Satara in UDCPR 2020

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

Additional Regulations for Raigad in UDCPR 2020

Additional Regulations for Solapur in UDCPR in 2020

Additional Regulations for Pune in UDCPR 2020

Additional Regulations in Aurangabad in UDCPR 2020

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

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

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

Rule No. 6.10 Height Of Building
 

This regulation shall be applicable for buildings to be constructed in all land use zones, unless and otherwise specified in the respective regulation.

6.10.1 (i) The height of the building shall be allowed to the extent mentioned below subject to the approval of the Chief Fire Officer of the Authority or Director of Fire services, if required, under these regulations.

Provided that higher height may be allowed in case of Integrated Township Project where a fire station and fire-fighting facilities are to be constructed/provided. Also, if such facilities are available in nearby areas of the project, then buildings of higher heights may be allowed in such projects. However, a necessary certificate to that effect and NOC shall be produced from the Director of Fire Services.

(ii) The building height is up to 24.0 m. shall be allowed on roads less than 12.0 m. For a building having a height of more than 24.0 m., the minimum road width shall be 12.0 m.

(iii)For buildings in the vicinity of aerodromes, the maximum height of buildings shall be subject to parameters framed by the Civil Aviation Authorities, or the development permission shall be considered only after the applicant produces NOC from the Airport Authority.

(iv) (a) In addition to (iii), for Industrial Chimneys in the vicinity of aerodromes, it shall be of such height and character as prescribed by Civil Aviation Authorities, and all Industrial Chimneys shall be of such character as prescribed by the Chief Inspector of Steam Boilers and Smoke Nuisance, and

(b) Buildings intended for hazardous godowns for storage of inflammable materials and storage of explosives shall be single-storied structures only.

(v) The buildings of height more than 70.0 m. shall be allowed subject to fulfilment of the requirements mentioned in Regulation No.6.12.

Rule No. 6.11 HEIGHT EXEMPTIONS

The appurtenant structures such as roof tanks and their supports, two toilets on the terrace not exceeding 8 sq.m. built-up area and height up to 3.0 m. in case of residential building, ventilating, air-conditioning structures, lift rooms and similar service equipment, stair cover, chimneys and parapet walls and architectural features not exceeding height allowed in these regulations, and Solar panels not exceeding 1.8 m. in height shall not be included in computation of height of building.

Rule No. 6.12 REQUIREMENTS IN CASE OF BUILDING MORE THAN 70.0 M. HEIGHT

It is mandatory for all the high rise buildings to comply with the requirements of Structural Design and Stability, Geo-technical and other aspects, and Fire Safety norms as per provisions of UDCPR, Maharashtra Fire (Prevention and Life Safety Measures) Act, 2006, and National Building Code of India, amended from time to time, for the aspects not covered in UDCPR. The certificates from structural and geo-technical engineers about the fulfillment of necessary requirements shall be attached with the application. The responsibility for the structural and other stability and safety of such high-rise buildings shall lie with the owner/developer and the concerned expert, consultant, and executants appointed by the owner/developer.

Rule No. 6.13 FSI OF LANDS AFFECTED BY HEMRL OR OTHER RESTRICTIONS

The lands that are affected by the restrictions of the High Energy Material Research Laboratory or provisions of other Central or State Government Acts, form the part of the entire land, then FSI of such affected land may be allowed to be utilized on the remaining contiguous land. However, sub-divisions of such land shall not be allowed.

Rule No. 6.14 PROVISION OF RECREATIONAL FLOOR

In the case of residential buildings having a height of more than 30.0 m., recreational floors may be allowed subject to the following -

i) The height of such floor shall be up to 4.5 m. and shall be open on all sides.

ii) Such floor shall be used for recreational purposes/activities, including the construction of a swimming pool, and shall be in addition to the recreational open space required as per UDCPR.

-

iii) One such floor may be allowed every 50.0 m. height; however, the first floor may be allowed after 30.0 m. height.

iv) Such floor shall not be counted in FSI; however, ancillary constructions like changing rooms, washrooms, etc. shall be computed in FSI.

Related Regulations to Rule No. 6 - 

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

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

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

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

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

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

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

Click Below to go to Services

 Project Management Consultant (PMC) 

 Find a Builder For Redevelopment 

Deemed Conveyance

Feasibility Report

 Structural Audit 

Introduction

We understand that redevelopment is the most critical, risk-oriented process in the lifespan of society. Society members have to go through huge problems & worries during the decision-making process. But with the help of a good project management consultant, this process will reduce the worries of all members. The process must have the following factors.

1. Maximum benefit to all society members. 
2. Impartial service to all members. 
3. Consultation for smooth process & easy decision-making 
4. Safeguarding society's rights.

Let’s understand the whole process of redevelopment at a glance

For a successful redevelopment, society must go through the following process.

1. Smooth redevelopment 
2. Frequently asked questions(faq)
3. Step-by-step redevelopment
4. Redevelopment document/lists
5. Supervision
6. Agencies & members involved in the redevelopment process
7. Successful redevelopment   

Here is each point explained in detail.                                          

SMOOTH REDEVELOPMENT

Difference between Restoration and Redevelopment?

In restoration, the existing building is extensively repaired and restored to its original condition. In redevelopment, the existing building is demolished, and a new structure/building with prevailing bylaws and additional FSI/TDR is constructed.

What Are The Advantages Of Redevelopment?

1. In the case of a building's restoration by major repairs, though the beams and pillars are strengthened externally, the inner core, which consists of steel rods, cannot be restored to its original condition. Hence, even after extensively repairing the building, there are bound to be umpteen complaints about leakages requiring frequent repairs. In the case of redevelopment, the entire structure being brand new, it will be free from complaints. 
2. The new building will accommodate various modern facilities & amenities with the current trends of society.
3. Well-planned and designed flats with earthquake structures.
4. The corpus fund received by each individual member will cover the increase in the premises' maintenance cost or could be utilized for other purposes.
5. Additional carpet areas will be received as compensation from the developer. 
6. The owner can buy additional space (if available) from the developer at the best available price.
7. Modern facilities/amenities/gadgets like lifts, intercom systems, smoke detectors, fire fighting alarm systems, concealed plumbing, concealed wiring for electricity, telephone, cable TV, etc. Will be available. (depends upon an offer from developers)
8. Additional parking will be available with new norms of authority.
9. Electrical, plumbing, tiles, parking spaces & other specifications will follow modern trends.

Disadvantages Of Redevelopment

1. For a considerable period of time, members are required to give up possession of their flats, which disrupts their age-old routine.
2. If converted to commercial complexes, residential complexes are seldom preferred for housing purposes or dwellings.
3. The additional areas received will attract stamp duty and registration charges at the current market price.
4. There is always a fear of a halfway stalled project resulting in a court case. ( but a good project management consultant can reduce this risk by verifying of all steps in the redevelopment process)
5. New construction with all kinds of amenities will increase the cost of maintenance to be paid to society. 

Guidelines For Smooth Redevelopment 

1. All members of society should be confident in the redevelopment process.
2. The tender process should be transparent & as per the provision of cooperative society housing bye-laws
3. The appointment of a builder/developer/contractor should not be arbitrarily made. The agreement with them should be legally sound, technically complete, and clearly mention all possible building specifications. It should clarify all things like carpet area, amenities, corpus fund, shifting charges, rent of temporary accommodation, any betterment charges, etc.
4. The role & responsibility of the project management consultant should be clear & their services should be impartial.
5. Society should not go for a redevelopment process without a feasibility report from a project management consultant.

Frequently Asked Redevelopmenent Questions (FAQs) 

Q.1 Whether individual consent of all the members is required for redeveloping the society’s buildings or only a resolution by the general body will be sufficient?

• In the case of the apartment (registered under the association of apartments) a written consent is required from each & every member. But in the case of housing society a written consent from 51% of members is required for redevelopment. 

(As per govt. GR)

Q.2 What is the consequence if consent is not received from all the members for carrying out redevelopment?

• If all the members of the society do not give their consent for redevelopment, the concerned authorities, such as the Dy. Registrar of co-operative societies, will not grant permission for redevelopment.

Q.3 Can a member change his decision after giving his consent in writing for redevelopment?

• Consent obtained from the members is irrevocable and embossed with rs.100/- stamp. Hence, once consent is given by a member, it cannot be revoked. Only if a member has a strong reason to retract his consent does he have to follow the legal procedure for proving his point of discontent for retracting his consent.

Q.4 Can a minority of members stall the process of redevelopment?

• It depends on what proportion of minority is stalling the development and the reasons behind stalling the project. If the reasons for stalling the project are strong, then redevelopment cannot proceed unless the issues with them are settled.

Q.5 Can one or two members hold the society to ransom on flimsy grounds?

• No member of the society can hold the society to ransom on flimsy grounds. The society will have to initiate action against such members.

Q.6 What action can the society initiate against those members who oppose such kind of a move that is supported by a huge majority

• Then society can issue show cause notice to the members and take action even to the extent of expulsion from the society.

Q.7 Does a society require forming a redevelopment committee or can a managing committee carry out the job independently?

• The general body has the power to decide on this issue. Appointing a redevelopment committee is not mandatory but is highly recommended to ensure transparency in the dealings.

Q.8 What are the powers of the redevelopment committee?

• The general body has to decide on the powers to be allocated to the redevelopment committee. Generally, the following powers are to be given to the redevelopment committee:
•  to approve or reject the proposal placed before them by the managing committee of the society.
• To give suggestions, if any, regarding the proposal placed before them by the managing committee.

Q.9 What is the tenure of the redevelopment committee?

• Generally, the tenure of the redevelopment committee should be from the start of the project to the completion of the project to ensure the continuity of the control of the project.

Q. 10 Whether elections are to be held for the selection of members for the redevelopment committee?

• The election rules are not binding on the redevelopment committee. The general body should select it from among senior members of the society who are educated to read and understand the various documents and have an active interest in redeveloping the society.

Q. 11 Can a redevelopment committee/member of a redevelopment committee be terminated?

• If the general body feels that a member of the redevelopment committee or the entire redevelopment committee acts to the detriment of the interests of the society and obstructs the working of the managing committee in carrying out redevelopment, then on the recommendation of the general body, the tenure of a member a redevelopment committee or the entire redevelopment committee can be terminated.

STEP-BY-STEP REDEVELOPMENT PROCESS FOR SOCIETIES

The office bearers of the society are requested to follow the following steps for redeveloping their premises successfully.

1. Conveyance Deed-

Society should reconsider redevelopment only if the society has a conveyance deed in its favor. In case the conveyance deed is not in favor of society, the process for deemed conveyance should be done by appointing an appropriate agency. 

2. Structural Audit-

When a society should consider redevelopment:

1. The first step for deciding on redevelopment is a structural audit report by a structural consultant or project management consultant. This survey has to be carried out for all buildings/structures in the society plot. 
2. The structural audit agency shall reveal the condition of buildings & suggest whether society needs the redevelopment.
3. Without such a report, society can’t go for the redevelopment process.
4. Even if the building is less than 30 years old (building lifespan), but structural reports suggest redevelopment rather than restoration, society can go through redevelopment. 
5. Circulation of structural audit report-

In case of an adverse structural audit report, the society shall circulate the said report to all the members of the society within one month of receipt of such report along with their recommendations and call for the consent of all the members of the society in writing within 14 days of circulation of a report giving their opinion whether they would like to go for repairs or redevelopment. If 75% or more of the total members of the society give their consent for redevelopment to the managing committee, the managing committee will start the process of redevelopment.

3. Starting Redevelopment-

The society in which redevelopment work of the buildings is required to be undertaken, an application of requisition to hold a special general body meeting to consider and discuss the redevelopment project and suggestions on the same, is to be submitted to the hon. Secretary of the managing committee which is properly 

Elected as per the provisions of the society’s bye-laws and also constituted as per. The provisions of the Maces Act 1960. The requisition application is to be signed by not less than 1/4th of the total members of the society.

4. SGM for Redevelopment-

Upon receipt of the requisition for calling the meeting, the managing committee of the society, within 8 days of the receipt of the application, should consider the same and within a period of 1 month, the Hon. The secretary will call the general body meeting of the members of the society giving 14 clear days notice for which acknowledgment will be collected from every member and maintained in the records of the society. The quorum for the SGM shall be 3/4th of the total number of members of the society. If the quorum is not attained, The SGM shall be adjourned for 8 days. 

If there is no quorum in the adjourned meeting also, then the meeting shall be dissolved considering that the members have no interest in the redevelopment of the society. In such a situation, the redevelopment subject cannot be brought before any SGM for its approval for further one year.

In the meeting, 3/4th of the members present in the meeting should agree to redevelopment and then a resolution should be passed for going ahead with the redevelopment of the building and authorizing the managing committee to obtain permission from the deputy registrar of co-operative societies of their respective ward office for redevelopment. A resolution should also be passed authorizing the managing committee to obtain quotations from experienced architects/project management who are impaneled by government/local authorities, for the work of preparing feasibility reports and framing rules/conditions for their work.

5. Permission for Re-Development-

The society shall forward a copy of the structural audit report along with an extract of the re-development resolution passed in the SGM to the dy. Registrar of co-operative societies of their respective ward seeking permission for re-development of their building. (As per GOVT. GR Dy. Registrar permission is no longer required)

6.  Redevelopment Feasibility Report-

Within one month from the date of receipt of permission for re-development from the office of the day. Registrar of co-operative societies, the society should appoint an architect or a project management consultant to survey the project plot/area/FSI/TDR/PMC–rules applicable/technical/financial details including viability, comparison of repairs v/s re-development and submit a feasibility report. This feasibility report should be circulated to all the members of the society within one month from the date of receipt of the report along with the managing committee’s views and their opinions/objections on the same should be called for in writing for discussion in the next special general body meeting.

7.  SGM for Constitution of Re-Development Committee-

1. The society should call for an SGM and since this is an important meeting the quorum for the meeting shall be at least 75% of the members of the society. 
2. The managing committee should discuss the feasibility report in the meeting and if at least 3/4th of the members present in the meeting agree for re-development
3. Then they should pass a resolution to go for re-development of the building and authorize the office bearers to start the procedure to appoint an architect/civil engineer/financial consultant or project Management consultant.
4. In the same meeting, the society should form a “re-development committee” of at least 5 prominent/senior/original members of the society representing each building of the society, to oversee the working of the managing committee

8.  Appointment of Consultants-

The office bearers shall shortlist the architect/civil engineer/ financial consultant/project management consultant for an appointment and recommend their names to the re-development committee to confirm their choices and fees chargeable by this professional/s. The managing committee should call for an SGM and introduce these professionals to the members of the society and give their recommendations. A decision should be taken in this meeting to appoint any or all them of them and fix their duties and fees.

9. Pooling Of Documents for Re-Development-

The society should ask the appointed consultant/s to proceed and go ahead to get all the clearances required for re-development and submit his report on the availability of the following documents with the society:

1. Society registration certificate
2. 7/12 extract/index ii / form no. 6 from the revenue office
3. Conveyance deed
4. Non-Agricultural (NA) order
5. Property card /
6. City survey plan (demarcation)
7. Copy of commencement certificates
8. Copy of completion certificates
9. Proof of payment of stamp duty/registration charges.
10. Copy of paid assessment bill ( water bill, electric bill)
11. Approved building plan
12. Structural Drawings.

10. Tender Floating-

After the technical problems are sorted out, the society should call for a SGM no. 4 to apprise the members of the society’s standing on the various technical points referred to above and convey their views as well as the views of the re-development committee on the matter and seek the approval of the general body to proceed further. In this meeting, all the members of the society should be asked to prepare and submit details of requirements/demands/choices/demands in writing so that the same could be incorporated into the tender document. The general body should pass a resolution and authorize the managing committee to proceed ahead and float tenders by inviting different agencies/builders/developers to give their offers through newspaper notices etc.

11. Opening Of Tenders-

Within one week from the last date for receipt of tenders, the society should call for an SGM no. 5 and open the tenders in front of the members of the society present in the meeting along with the society’s consultants and parties participating in the Tender. The details of offers received should be read out in the meeting and a provisional merit list should be made in the meeting itself.

12. Comparison Statement-

The consultants appointed by the society should study the tender offers in detail and prepare comparative charts and give their recommendations to the managing committee who should satisfy themselves about the recommendations of the consultants and put it up before the re-development committee for their observations. The best offer should be short-listed merit-wise and details circulated to all the members of the society calling for their views.

13. Selection Of Developer / Builder-

The society should call for a SGM no. 6 and after discussing the merits and demerits of all the offers, should select one developer/builder to carry out the redevelopment of the society. In this meeting, the members should agree on the following issues

1. The additional area that they should get as not only in terms of percentage increase in their existing carpet area but also in actual number of square feet.
2. The amount of corpus payable to each member should be clearly expressed in amount of rupees besides linkage to their existing carpet area. The break-up and the due dates for payment of the same should also be clearly specified.
3. The amount of rent payable for alternate accommodation should be clearly specified in terms of amount of rupees besides linkage to the existing carpet area. The break-up and due dates for payment of the same should be clearly specified.
4. The amount of shifting charges and the re-shifting charges should be specifically stated.
5. The members should pass a resolution authorizing the managing committee to issue a letter of intent to the developer subject to the above terms and conditions.

14. Letter Of Intent-

The society should circulate the agreed terms and conditions to all the members of the society and obtain an irrevocable letter of consent addressed to the society, the builder, PMC, dy. Registrar of co-operative societies and other concerned parties. When at least 90% of the members give consent letters to the society, the society should give a letter of intent to the selected developer/builder and request him to furnish plans of the new buildings to be constructed, amenities to be provided, and allotment of flats to members as per the new plan.                    

15. Re-Development Agreement-

On receipt of the plan for the new buildings, the managing committee and the re-development committee members should first approve the same and satisfy themselves that the same is as per their offer. Then, the society should call for a SGM no. 7 for approving the plan of the flats/building and amenities offered by the builder. When the same is approved in the general body, the society should pass 

A resolution to sign a redevelopment agreement with the developer also fixes the date for vacating the old flats and receiving the compensations.          

16. Handing Over The Property For Re-Development-

The developer should then proceed to get the plans approved and obtain i.o.d. From p.m.c. After fulfilling the terms mentioned in the i.o.d., the developer should obtain a commencement certificate up to the plinth. After these conditions are complied with, the society should call SGM no. 8 and pass a resolution for vacating the flats and fixing a date for handing over the vacant possession to the developer and fixing dates for receiving compensation from the developer. The managing committee should issue instructions to the members to vacate their flats by signing individual agreements with the developer and after receiving his dues from the developer.

17. Occupation Certificates-

After construction of the buildings is completed, the society should follow up and ensure that the developer gives, an occupation certificate and regular water connection within 4 months from the date of handing over of the new flats to the members of the society.

SUPERVISION

Either a Project management consultant or a separate agency must be appointed for supervision. This supervision includes many things but a few of them are mentioned below.

1. Analysis & approval for architecture plan.
2. Obtaining, checking & approval of drawing.
3. Checking parking area, carpet area, society utility & service areas, etc.
4. Structural drawing checking.
5. Analysis & approval for submission drawing.
6. Analysis & approvals for site execution drawings.
7. Site visits to verify specifications, & material quality committed by the developer. (as & when required.) 
8. Consultations throughout the redevelopment process at every important situation.

REDEVELOPMENT DOCUMENTS/LISTS

For the successful completion of the redevelopment, the office bearers of the society should be aware of the documents to be kept ready and the documents to be obtained from the builder

Important documents required for Redevelopment

1. Society registration certificate.
2. 7/12 extract.
3. Conveyance deed.
4. Title search report.
5. Index ii
6. N. A. Order
7. City survey plan.( demarcation plan)
8. Approved building plan.
9. Commencement certificate.
10. Occupation certificate
11. Appointment letter to PMC.

Documents to be prepared for Redevelopment

1. Feasibility report.
2. Suggestions from members.
3. Public notice for inviting the tender.
4. Minutes of various meetings.
5. Correspondence with different authorities.
6. Obtaining permission from the deputy registrar.
7. Tender form.
8. Summary of tenders received.
9. Approval of tenders in the general body meetings and preparation of draft and final minutes.
10. Appointment letters to advocates, structural engineers, architects, project management consultants, etc.

Various Agreements & letters are required for Redevelopment

1. Redevelopment agreement.
2. Format of bank guarantee from the builder.
3. Power of authority from the society to the developer.
4. Agreement for alternate accommodation.
5. MOU between the society and builder/developer.
6. Appointment letter from the society to the builder/developer.
7. Revocation/cancellation of power of attorney.
8. Other duties associated with an advocate 
9. Possession letter from the builder to the members.
10. Format of the resolution to admit new members.
11. List of documents required to be collected from the builder.
12. Indemnity bond by the developer
13. Consent letters from the members to the society.

What are the requirements from the Developer?

1. Project report from the developer as to how they would develop the property at the offers given by them.
2. Copy of registration certificate.
3. Partnership deed of the developer duly registered or memorandum of association (as the case may be)
4. Name and address of all partners/directors along with their PAN.
5. Address & Pan of the firm.
6. Copy of balance sheet & P/L A/C to understand the financial strength of the firm.
7. Income tax return filed for the last 3 years of the partners/directors of the company.

AGENCIES & MEMBERS INVOLVED IN REDEVELOPMENT PROCESS

1. Society members
2. Society committee members
3. Structural consultant
4. Project management consultant
5. Advocate
6. Dy. Registrar
7. Developer
8. Chartered accountant 
9. Builders architect
10. Building permission authority
11. New members

SUCCESSFUL REDEVELOPMENT

Must know things for successful redevelopment

1. The offer received from the developer should commensurate with the potential of the plot taken for redevelopment as per the architect’s report.
2. The builder should be strictly chosen on the basis of his financial capacity and track record and not on the basis of the highest offer received.
3. The tenders received should be objectively evaluated by an able architect appointed by the society.
4. All the members of the society should give their consent to avoid disputes.
5. Complete details of the offers made by the developer should be clearly understood by all the members of the society and there should be transparency in the dealings.
6. Redevelopment committee should be formed from amongst the other members of the society by including 2/3 members from the managing committee to oversee the entire process to ensure that complete transparency is maintained by the managing committee of the society.
7. All agreements/documents should be got scrutinized by a competent advocate appointed by the society to ensure that there is no lacuna.
8. A Bank guarantee for the total cost of the redevelopment project should be obtained from the developer covering the full period of construction.
9. A penalty clause should be inserted in the redevelopment agreement to ensure proper implementation of the project by the developer.
10. The managing committee and the redevelopment committee members should conduct regular inspections when the construction is in process to ensure that there are no deviations from the plans/offers.
11. Existing society members should vacate their respective premises only after all necessary approvals.
12. Any committee member or office bearer of society should not be the relative of a builder or developer. 

!! Happy redevelopment!!

Click Below to go to Services

 Project Management Consultant (PMC) 

 Find Builder For Redevelopment 

Deemed Conveyance

Feasibility Report

 Structural Audit 

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

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

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

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

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

Rule No. 5.0 General 

In addition to the provisions mentioned in these Regulations, the following additional provisions shall be applicable for the areas of the Regional Plans/Authorities mentioned hereinunder. These provisions shall prevail over the provisions, if any, mentioned in this Development Control and Promotion Regulations to that extent.

Rule No. 5.1 For All Regional Plan Areas 

5.1.1 Development Permissible Adjacent to Gaothan

For the villages in the area of Regional Plans (excluding the area of Local Bodies and SPA where a Development Plan or planning proposal is sanctioned) where no specific residential zone is shown, for such villages, development permissible in a residential zone, may be permitted :-

i)  Within a belt of 2.00 km. from the boundaries of the Municipal Corporation, 1.00 km. from the boundaries of the Municipal Council, and 0.50 km. from the boundaries of Nagar Panchayat, where zone plans are  prepared or not prepared in the Regional Plan for such area;

However, the proposed development within such belt shall be guided by the road network of published/sanctioned zone plans or elsewhere proper road network plan prepared and approved by the Director of Town Planning within 6 months or within such time limit as extended by the Government.

ii)  Within a belt of 500 meters from the gaothan limits of settlements having a population of less than or equal to 5000 as per the latest Census and;

iii)  Within a belt of 1500 meters from the gaothan limits of settlements having a population of more than 5000 as per the latest Census;

iv)  in the case of settlements of both the categories mentioned in (ii) and (iii) above, falling in the planning areas/Zone Plans of Regional Plans, such distance from the gaothan limits shall be 500 meters only;

v)  in the case of village settlements in the Western Ghat hilly area (eco-sensitive zone) in the Regional Plan of Satara, Pune, Ahmednagar, Dhule, Kolhapur, Nashik, Nandurbar, Sangli, Sindhudurg, Thane, Palghar and Raigad District or as notified by Govt. from time to time such distance shall be 200 m. only

vi)  in the case of villages in the Regional Plan of Mumbai Metropolitan Region and Raigad, such distance shall be 500 m. only.

Provided that, such development shall be permitted only on payment of a premium of the total area of land. Such premium shall be calculated considering the 15% rate of the said land as prescribed in the Annual Statement of Rates of the year granting such developments. This rate of premium shall be subject to orders of the Government from time to time, Provided further that, for the areas which are converted into Municipal Councils / Nagar Panchayats within the Regional Plan (under the provision of Maharashtra Municipal Councils, Nagar panchayats and Industrial Townships Act, 1965), such premium shall be calculated considering 5% rate of the said land as prescribed in the Annual Statement of Rate for the year while granting such residential development (without considering the guidelines therein).

Provided further that, no such premium shall be applicable for the development of an

individual house of an owner or farmhouse on the owner's land.

Provided further that no such premium shall be applicable for revised permission on the land where development/Layout permission is granted prior to sanction of the respective land where development/Layout permission is granted prior to sanction of the respective Regional Plan, more specifically mentioned in Regulation No.5.1.3 below.

Provided further that where more than 50 percent of the area of the Survey Number/Gut Number is covered within the above peripheral distance, the remaining whole of such Survey Number/Gut Number within same ownership shall be considered for development on payment of premium as above.

Provided further that the criteria of “distance from gaothan” shall also be applicable to the lands from the nearest gaothan of any village.

Provided further that this provision shall not bar development permission for the uses, otherwise permissible, in the agricultural zone as per UDCPR within a specified distance from gaothan mentioned in this regulation.

Provided also that this regulation shall also apply to all declared/Notified Gaothan under M.L.R.C. whether shown on the Regional Plan or not.

Provided further that in respect of the Ratnagiri-Sindhudurg Regional Plan, this provision shall be subject to provisions mentioned in Regulation No.5.3.

5.1.2 Regulations for Development of Tourist Resorts/Holiday Homes/Township in Hill Stations Types Areas under Hill Stations Policy

The developments under the Hill Station Policy shall be governed by the Special Regulations as sanctioned by the Government vide notification No.TPS-1893/1231/C.R.123/96/UD-13, dated 26/11/1996, and its amendments by the Government from time to time.

5.1.3  Committed Development

i)  Any development permission granted or any development proposal for which tentative or final approval has been recommended by the concerned Town Planning Office and is pending with the concerned Revenue Authority for demarcation or for final N.A. permission before publication of draft R.P. (date of resolution of the R.P. Board for publication) shall be continued to be valid for that respective purpose/use irrespective of approved Floor Space Index. Provided that, it shall be permissible for the owner to either continue with the permission in toto as per such earlier approval or apply for a grant of revised permissions under these regulations. However, in such cases of revision, the premium, if any, shall not be applicable, for approved permissions (including tentative). This provision shall not cover the cases mentioned in 5.1.3 (iii) below.

ii)  The layout already approved/development permission already granted for residential purposes and which is valid as per the provisions of UDCPR shall be entitled to development subject to the use of earlier permission. This shall also be applicable to cases where sale permission for N.A. use has been granted prior to the date of sanction of these Regulations, for the same use as the one for which sale permission was granted.

iii)  The layout already approved/development permission already granted for the uses permissible in agricultural or such restrictive zones and which are valid as per the provisions of UDCPR shall be entitled to development subject to use and FSI of the respective use granted in earlier permission.

5.14 Rectification of draftsman's error

i) Draftsman's errors, which are required to be corrected as per the actual situation on site/or as per Survey Records, sanctioned layout, etc., shall be corrected by the concerned District Collector, after due verification and prior approval of the concerned Divisional joint Director of Town Planning.

ii)  Drafting errors, if any, regarding Private Lands shown by mistake in the restrictive zone such as defense zone, forest zone, command area, etc., shall be corrected after due verifications of records and situation on the ground by the concerned Authority with prior approval of Divisional Joint Director of Town Planning. In such cases, private land will be included in the adjacent zone.

iii)  The boundaries of the designated or Notified Eco-Sensitive Zone for Bird Sanctuary, Wildlife Sanctuary, and other projects shown on the Regional Plan shall be as per the final notification issued under the Environment (Protection) Act, 1986. All conditions regarding development, including Buffer Zone, in pursuance of the provisions of the said Act shall be applicable.

5.15 Highways Notified by State/Central Government

If any highway/ring road/expressway and any other classified road are notified by the State/Central Government Highway Authority under the provisions of the relevant act, then the alignment of such notified road shall be deemed to be part of the Regional Plan and for this, a procedure under section 20 of M.R. & T.P. Act, 1966 shall not be necessary.

5.1.6  Station Area Development

The development of in agriculture zone around any functional railway station up to a distance of 500 m. shall be permitted by charging a premium at a 30% rate of the said land as mentioned in the ASR on a total area of land under development, subject to the following -

i) Within a 100 m. distance from the periphery of the station, the users related to the railway station and other users (excluding Residential) shall be permitted.

ii) In the remaining distance within 500 m., all users permissible in the Residential Zone shall be permitted.

iii) The rate of premium shall be subject to the Government's order from time to time.

5.1.7  Modification proposals already sanctioned

All the modification proposals from the Regional Plan already sanctioned by the State Government under section 20(4) of Maharashtra Regional and Town Planning Act, 1966, but not shown in the respective zone in the Regional Plan shall be treated as included in the respective Zone as per the modification sanctioned by the State Government.

5.1.8  Provision of Amenity Space

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

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

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

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

iv) (1) Proviso of Regulation No.3.5.1, shall be applicable to this regulation. 

5.1.9 Residential Zone with Payment of Premium

Wherever such a zone is proposed in a sanctioned Regional Plan, provisions related to such zone will continue to that extent.

Related Regulations to Rule No. 5 - 

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

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

Additional Regulation for Ratnagiri in UDCPR 2020

Additional Regulations for Kolhapur in UDCPR 2020

Additional Regulations for Satara in UDCPR 2020

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

Additional Regulations for Raigad in UDCPR 2020

Additional Regulations for Solapur in UDCPR in 2020

Additional Regulations for Pune in UDCPR 2020

Additional Regulations in Aurangabad in UDCPR 2020

Know more about NOC (No Objection Certificate) for Building Construction

Every person who intends to carry out new development and erect, re-erect or make any alterations in any place in a building or demolish any building essential to obtain building permission from local planning authority. Similarly, Building permission is the No Objection Certificate for Building Construction. You can make the application for Construction Noc through registered architect or licensed engineer/ structural engineer, to the authority planning authority.

Click here to get free quotations on Construction NOC

What are the documents required for Building Permission?

To obtain construction noc, it is mandatory to submit complete information in the form with all necessary documents. Subsequently, Payment receipt of scrutiny fee and any other fee /charges needs to be attached along with the application for Construction Noc.  Below is the Checklist of documents required for building permission-

a)  Application for Building permission

    b)  Mojani map showing plot boundaries

    c)   7/12 or property card

    d)      Property Fer-Faar (Mutation Entries)

    e)      PREDCR drawing & report

    f)       Zoning Demarcation

    g)      Building drawing as per DC rules 2017

    h)      Structural stability certificate

    i)        Site supervisor Letter

     j)        Owner Registration to PMC

     k)      Tax NOC

 l)        Title & Search Report

m)   Aviation NOC (or elevation certificate)

n)      Society Allotment letter & NOC

o)      Site Photos

p)      Layout Plan (If available)

Procedure for Building Approval

The process involves to obtain building permission is subject to stringent scrutiny. Following are the step by step process involves in online permission-

Step 1.  Procuring all required documents.

Step 2.  Online application with Pre-dcr drawing to get Pre Approval.

Step 3. Offline file submission.

Step 4. Site visit report and order by Building Inspector

Step 5. Payment of Challan.

Step 6. Final stamp on blueprint and get Commencement Certificate.

List of Other NOC required for construction

When you make a dream of new home and opt to execute it, you enter into the pre-approvals’ stage. Many of us know how to take decisions but very few know that there is list of documentation needed for it to come in existence. Every builder and owner of the land has to give applications and documents which are required for building constructions and its clearance. Following are the list of various NOC’s requires for the construction as depends on the project-

a)     Fire Noc

b)     Aviation Noc

c)     Garden Noc

d)     Forest Noc

e)     Heritage Noc

f)      Road Noc

g)     PWD Noc

h)     Irrigation Noc

i)       M.O.U / Development Agreement Noc.

 FAQ about Building Permission-

1.     What are the various factors occurs to get noc for building?

Specifically, Various factors are involved in building permission. However it starts from  the identification and authentication of land, to check that building conforms to all the standards of safety and regulations, distance from road, distance of surrounding buildings, height of proposed construction, and any other criteria set by the local planning authorities arises time to time.

2.     What are the Building Rules in PCMC?

Click here https://pmc.gov.in/sites/default/files/DC%20Rul%202017.PDF
for PMC Building Rules DCPR 2017.

Click here https://www.pcmcindia.gov.in/PDF_forms/Dc_rule.pdf for PCMC Building Rules.

           3.How much time it takes to get Construction NOC?

   Generally, from the date of final application along with necessary documents to local planning authority, it takes upto 25 days or more to obtain Construction Noc or Building PermissionOne should seek this process while constructing a new building. Also it is required at time of extension, Addition of floor, Lift addition  in existing building. Remember, for any interior changes approvals are not required

Click here to get free quotations on Construction NOC