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What is a Structural Audit?

It is the first step in deciding to go for the redevelopment project. This report has to be carried out for all buildings/structures in the society plot. Without the structural reports, society cannot go for the redevelopment process.

A structural audit means that the structural strength of a society building is inspected by an authorized structural engineer. The inspection includes the following points.

Structural drawing analysis. ( if available)
On-site inspection.
Necessary structural stability tests ( if suggested by the auditor)

In a structural audit, the auditor will suggest whether society needs restoration or redevelopment.

When does Society go for a Structural Audit?

If the building is old for more than 30 years, the building structure is damaged and in an unrepairable condition.
If a structural audit consultant mentioned the condition of buildings & suggested whether society needs redevelopment.
Even if a building is less than 30 years old (building lifespan), but the structural report suggests redevelopment rather than restoration, society can choose redevelopment.

Who can do a Structural Audit?

Experienced structural engineer registered with the competent authority.
His experience should be not less than 10 years in a relevant field.

Various Regulations in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate as per mentioned in the UDCPR

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 limits of the 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. 2.9 Completion Certificate

The owner through his Architect/licensed engineer/town planner/supervisor, as the case may be, who has supervised the construction, shall furnish a building completion certificate to the Authority in the form in Appendix - G. This certificate shall be accompanied by three sets of plans of the completed development, the certificate about the operation of the lift from consultant and certificate of structural stability, wherever necessary.

In case of special buildings, the Completion Certificate shall also be accompanied with the NOC from the Chief Fire Officer of the respective Authority or Director of Fire services, as the case may be.

Rule No. 2.10 Occupancy Certificate

The Authority after inspection of the work and after satisfying himself that there is no deviation from the sanctioned plans as mentioned in Regulation No.2.8.5, issues an occupancy certificate in the form in Appendix – H or refuses to sanction the occupancy certificate in Appendix - I within 21 days from the date of receipt of the said completion certificate, failing which the work shall be deemed to have been approved for occupation, provided the construction conforms to the sanctioned plans. One set of plans, certified by the Authority, shall be returned to the owner along with the occupancy certificate. Where the occupancy certificate is refused or rejected, the reasons for refusal or rejection shall be given in intimation of the rejection or the refusal The applicant may request for Deemed Occupancy Certificate, if eligible, as above. The Authority shall issue the Deemed Occupancy Certificate within 15 (fifteen) days of the application.

Rule No. 2.11 Part Occupancy Certificate

When requested by the holder of the development permission, the Authority may issue a part occupancy certificate for a building, or part thereof, before completion of the entire work as per development permission, provided sufficient precautionary measures are taken by the holder of the development permission to ensure public safety and health of the occupants and users of the said portion of the building. The part occupancy certificate shall be subject to the owners indemnifying the Authority in the form in Appendix 'J'.

Rule No. 2.12 Inspection

The Authority shall have the power to carry out inspection of the work under the provisions of the Act, at various stages to ascertain whether the work is proceeding as per the provisions of regulations and sanctioned plan.

Rule No. 2.13 Unsafe Buildings

All unsafe buildings shall be considered to constitute a danger to public safety and hygiene and sanitation and shall be restored by repairs or demolished or dealt with as otherwise directed by the Authority. The relevant provisions of the regulations/Act shall apply for the procedure of actions to be taken by the Authority for unsafe buildings.

Rule No. 2.14 Offences and Penalties

i) Any person who contravenes any of the provisions of these regulations, any requirements

or obligations imposed on him by virtue of the Act or these regulations, shall :-

(a) Be guilty of an offence and upon conviction, shall be punished as stipulated in Section 52 of the Act.

(b) Be subject to further suitable actions including demolition of unauthorized works, as stipulated under Sections 53 and 54 of the Act.

(c) Where such person is a Licensed Engineer/Structural Engineer/Town Planner/Supervisor, be subject to suitable action against him which may include cancellation of license and debarring him from further practice/business for a period as may be decided by the Authority. Thereupon such Licensed Engineer/Structural Engineer/Town Planner/Supervisor shall be considered debarred for the respective district.

(d) Where such person is a registered Architect, be subject to action of the Council of Architecture as per the provisions of the Architects Act, 1972 based on the report of the Authority and debarring him from further practice/ business for a period as may be decided by the Authority.

ii) Any person who neglects any requirements or obligations imposed on him including the maintenance of fire protection services, appliances and lifts in working order or who interferes with or obstructs any person in the discharge of his duties shall be guilty of an offence as specified in Section 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 and, upon conviction, shall be subject to penalties and other consequences spelt out in said Act.

Related Regulations to Rule No. 2-

You can visit our other blog on Regulation 2 through the below-mentioned links:

Commencement of Work in UDCPR 2020

Grant or Refusal of Permission in UDCPR 2020

Procedure During Construction in UDCPR 2020

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

Discretionary Powers Interpretation in UDCPR 2020

Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate in UDCPR 2020

Permission from the Planning Authority is Mandatory in UDCPR 2020

Terminology used in Building Bylaws

Whenever you see a town planning map or a blue print, you come across various terms like open space, amenity space. Here is details explanation in common man’s language for construction related building rules.

FSI (Floor Space Index)

In general language FSI means permissible built up area on any plot. It is calculated by dividing Built up area by Plot Area.
FSI = built up area/Plot area.
E.g. – If permissible FSI for a plot of 1000 Sqft. is 1.10, then we can construct 1100 Sqft. of built up area. (say 225 Sqft on 4 floors or 550SqFt on 2 floors)
Ducts, Parking floor, basement, architectural treatment are not considered while calculating FSI.
Depending upon planning authority by-laws, balcony, terrace, staircase, lift, lift machine room are deducted from FSI on payment of premium.

Check FSI in pune https://foot2feet.com/construction-calculator/pmc/fsi-in-pune/

Open Space

Open space is the space left for recreational activities for the user of that plot. It remains part of the same land under ownership of society.
Generally we have to leave 10% of total plot area for any building or layout permission.
Depending upon by-laws smaller plots, gunthewari plots, N.A. plots do not require open space area.

Amenity space

Generally for plot above 1 acre require 15% amenity space.
Amenity space is a space to be left for government for planning various public amenities like school, hospital library, fire stations, police chowki etc.
This space is to be handed over to govt. and owner gets FSI as compensation for land. (In short there is only loss of space but no loss of FSI)
N.A. plots and smaller plots do not require amenity space.

Paid FSI (Fungible FSI)

It is additional FSI on any plot after payment of premium amount to planning authority.
This premium amount depends upon ready reckoner rate of same land.

TDR (Transferable development rights)

Due to planning authority reservations FSI of one land cannot be utilized entirely on same plot. Hence Government allow plot holder to sell or transfer FSI of his plot. This is called Transferable Development Rights. Buying TDR is like buying virtual land.
Buyer of TDR can do extra construction on his land.
One cannot load more TDR than permissible on that land. Maximum Permissible TDR on any plot depends upon Access Road, Land Zone etc…

Checkout The detail information about Transferable Development Rights (TDR) https://foot2feet.com/site/tdr_transferable_development_rights/

Road Widening

Area of plot falling under proposed or existing road is called as road widening area.
FSI of this area can be utilized on same plot or converted into TDR.

Carpet area

Before RERA Carpet area was considered as tile able area in property. It includes room floor area, Balcony area, terrace area, tile area at door jams etc…
But After RERA (Real Estate Regulatory Act 2016) have modified carpet area concept a bit.
According to RERA, carpet area include following things
Room Area
Internal wall area (wall between 2 rooms of same apartment)
Dry balcony area (separately mentioned)
Enclosed Balcony area (separately shown if any)
Terrace area (separately mentioned) the only difference between RERA carpet & old carpet is that internal wall area is added in RERA carpet.

Built up Area

Built up area term is most commonly used term in constriction industry. & at same time it has various meaning at various situations. Hence it is necessary to clarify area included or excluded while discussing with built up area. eg –
For government approvals it is the area covered by a building on all floors including cantilevered portion, mezzanine floors if any but excepting the areas excluded specifically from FSI.
For buyer / user – It is usable construction area which includes parking, floor area, but excluding footing & foundation area.
For contractor it is total construction area including parking, 50 % footing, water tank etc.., but excluding top terrace area.

Conveyance Deed

Any construction consists of 2 most important factors first is b.up area & 2nd is land on which building is constructed. After completion of construction builder/developer was supposed to transfer land in name of society (or association of apartment). This transfer process is called as conveyance deed. A survey shows that in almost 80% society this process was not completed.

You can check the more information about conveyance deed here https://foot2feet.com/construction-services/legal-services/conveyance-deed/

Building Control Line

It is the line up to which we can build construction according to planning authority / or any government authority.

Non Agriculture (NA)

Any land (except land in Gaothan area) is by default agriculture land in India. It is assumed as non-agriculture land only and only after taking NA permission (Non Agricultural use permission) from collector.
A copy of land conversion is called as NA order.
For NA land zone plays important role. (Agriculture, industrial , residential)
Depend upon zone NA can be done. Eg – Industrial NA, farmhouse NA, residential NA, commercial NA.
NA and R-zone are commonly misunderstood.
In simple words, NA is procedure to change tax on any land due to change in use of land.
NA land not necessary to be residential land all time, and similarly residential land not necessarily to be NA land.
A land which is in residential zone, but its use according to collector/revenue department is agriculture, then the land is not NA. (but this land can be converted into NA after completing NA procedure.)

You can Check more information about Non Agriculture here - https://foot2feet.com/site/na_order_land_conversion/

Side Margin

Side margin is distance to be kept from plot boundary to building line as per Regulations. Calculate how much side margin you need to keep for your building.

https://foot2feet.com/construction-calculator/pmc/side-margin-calculator/

Ready Reckoner Rate

Government rates of land, property is called as ready reckoner rate. These rates are published and regulated by the respective state government. Find Out Ready Reckoner Rates in Pune here - http://www.igrmaharashtra.gov.in/eASR/frmMap.aspx

R zone (Residential)

It is a zone demarcated as residential area in development plan mostly it shown in yellow color any agriculture land cannot converted in residential zone it agriculture/vanikaran land must pass certain criteria for zone conversion. you can use our site feasibility service to know whether your land can be converted or not.

You can check all Types of Land zone

Residential zones – R1 / R2

Residential Zone R1 includes Residential plots abutting on roads below 9 m. in congested area and below 12 m. width in outside congested area
Residential Zone R2 includes Residential plots abutting on road having existing or proposed width 9 m. and above in congested area and 12 m. and above in outside congested area.

Drainage and Sanitation Requirements in UDCPR 2020

UDCPR 2020 Chapter 12 is all about the Structural Safety, Water supply, Drainage, and Sanitary Requirements, Outdoor Display, And Other Services 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. 12.6 Drainage and Sanitation Requirements

12.6.1 General

1) There should be at least one water tap and arrangement for drainage in the vicinity of each water-closet or group of water closets in all the buildings.

2) Each family dwelling unit on the premises (abutting on a sewer or with a private sewage disposal system) shall have, at least, one water closet and one kitchen-type sink. A bath or shower shall also be installed to meet the basic requirements of sanitation and personal hygiene.

3) All other structures for human occupancy or use on-premises, abutting on a sewer or with a private sewage disposal system, shall have adequate sanitary facilities, but in no case less than one water closet and one other fixture for cleaning purposes.

12.6.2 For Residences

1) Dwelling with individual convenience shall have at least the following fitments:

a) One bathroom provided with a tap and a floor trap

b) One water closet with a flushing apparatus with an ablution tap; and

c) One tap with a floor trap or a sink in the kitchen or wash place.

2) Dwelling without individual conveniences shall have the following fitments:

a) One water tap with a floor trap in each tenement.

b) One water closet with flushing apparatus and one ablution tap, bath for every two tenements, and

c) One bath with water tap and floor trap for every two tenements.

12.6.3 For Buildings Other than Residences

The requirements for fitments for drainage and sanitation in the case of buildings other than residences shall be in accordance with Table No.12-C to 12-P. The following shall be, in addition, taken into consideration:

a) The figures shown are based upon one (1) fixture being the minimum required for the number of persons indicated or part thereof.

b) Building categories not included in the tables shall be considered separately by the Authority.

c) Drinking fountains shall not be installed in the toilets.

d) Where there is the danger of exposure to skin contamination with poisonous, infectious or irritating material, washbasin with eye wash jet and an emergency shower located in an area accessible at all times with the passage / right of way suitable for access to a wheel chair, shall be provided.

e) When applying the provision of these tables to provide the number of fixtures, consideration shall be given to the accessibility of the fixtures. Using a purely numerical basis may not result in an installation suited to the needs of a specific building. For example, schools should be provided with toilet facilities on each floor. Similarly, toilet facilities shall be provided for temporary workmen employed in any establishment according to the needs, and in any case, one WC and one washbasin shall be provided.

f) All buildings used for human habitation for dwelling work, occupation, medical care or any purpose detailed in the various tables, abutting a public sewer or a private sewage disposal system, shall be provided with minimum sanitary facilities as per the schedule in the tables. In case the disposal facilities are not available, they shall be provided as a part of the building design for ensuring high standards of sanitary conditions in accordance with this section.

g) Workplaces where crèches are provided, they shall be provided with one WC for 10 persons or part thereof, one washbasin for 15 persons or part thereof, and one kitchen sink with floor tap for preparing food/milk preparations. The sink provided shall be with a drinking water tap.

h) In all types of buildings, individual toilets and pantries should be provided for executives and for meeting/seminar/conference rooms, etc., as per user requirements.

i) Where food is consumed indoors, water stations may be provided in place of drinking water fountains.

Related Regulations

You can visit our other blogs related to Regulations 12 through the below-mentioned links

Signs and Outdoor Display Structures in UDCPR 2020

Water Supply, Drainage, and Sanitary Requirements in UDCPR 2020

Alternatives Materials, Methods of Design & Construction, and Tests in UDCPR 2020

Building Services in UDCPR 2020

Quality of Materials and Workmanship in UDCPR 2020

Structural Safety, Water Supply, Drainage and Sanitary Requirements, Outdoor Display, and Other Services in UDCPR 2020

Structural Safety, Water Supply, Drainage and Sanitary Requirements, Outdoor Display and Other Services in UDCPR 2020

UDCPR 2020 Chapter 12 is all about the Structural Safety, Water supply, Drainage, and Sanitary Requirements, Outdoor Display, And Other Services in Development Plans as per mentioned in the UDCPR

Rule No. 12.1 Structural Design

The structural design of foundations, elements made of masonry, timber, plain concrete; reinforced concrete, pre-stressed concrete, and structural steel shall be carried out in accordance with Part 6. Structural Design Section-1 - Loads, courses and Effects, Section 2 - Soils and Foundation, Section 3 - Timber and Bamboo, Section 4 - Masonry, Section 5 - Concrete, Section 6 - Steel, Section 7 - Prefabrication, Systems Building and mixed/composite construction of National Building Code of India, amended from time to time. Proposed construction shall be as per the norms as specified by the Bureau of Indian Standards, for the resistance of earthquake, Fire Safety, and natural calamities. A certificate to that effect shall be submitted by the Licensed Structural Engineer of the developer/land owner, along with the proposal for development permission, as prescribed in these Regulations.

Related Regulations

You can visit our other blogs related to Regulations 12 through the below-mentioned links

Drainage and Sanitation Requirements in UDCPR 2020

Water Supply, Drainage, and Sanitary Requirements in UDCPR 2020

Alternatives Materials, Methods of Design & Construction, and Tests in UDCPR 2020

Building Services in UDCPR 2020

Quality of Materials and Workmanship in UDCPR 2020

Signs and Outdoor Display Structures in UDCPR 2020

Redevelopment of Existing Buildings in UDCPR 2020

UDCPR 2020 Chapter 7 is all about Higher FSI for Certain Uses as per mentioned in the UDCPR

Rule No. 7.5 Protection of FSI in Redevelopment of Existing Buildings

For redevelopment or reconstruction of existing buildings, the FSI to be allowed shall be FSI permissible under Regulation No.6.1 or 6.3, or the FSI consumed by the existing authorized building including TDR, premium FSI, etc., whichever is more. (Such TDR, Premium FSI, etc. utilized in an existing building shall be treated as authorized consumed FSI entitled for redevelopment.)

Rule No 7.6 Redevelopment of Old Dilapidated/Dangerous Buildings

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

Rule No. 7.6.1 Redevelopment of Multi-Dwelling Building of Co-Operative Housing Societies/Apartments

i) FSI allowed for redevelopment shall be FSI of existing authorized building and incentive FSI to the extent of 30% of existing built-up area or 15 Sq.m. per tenement, whichever is more. Provided further that if the existing authorized built-up area and incentive thereon as stated above is less than the maximum building potential mentioned in Regulation No.6.1 or 6.3, as the case may be, then society may avail premium FSI/TDR up to the maximum building potential. Such incentive FSI shall not be applicable for the redevelopment of the existing bungalow.

ii) In cases where the carpet area occupied by residential tenement in the existing building is less than the carpet area of 27.87 sq.m. then such tenement shall be entitled for a minimum carpet area of 27.87 sq.m. and the difference of these areas shall be allowed as additional FSI without any premium.

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

iii) This regulation shall be applicable only when existing members of the societies are proposed to be re-accommodated.

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

7.6.2 Redevelopment of tenanted buildings

i) The FSI allowed for redevelopment of the building having protected tenants under the relevant provisions of law, shall be FSI permissible under Regulation No.6.1 or 6.3, or the FSI consumed by the existing authorized building including TDR, premium FSI, etc., whichever is more. (Such TDR, Premium FSI, etc. utilized in the existing building shall be treated as a basic FSI for redevelopment.) In addition to this, 50% incentive FSI of the rehab. area required for the rehabilitation of tenants shall be allowed. Provided that rehab. area shall be the authorized utilized area or 27.87 sq.m. carpet area per tenement, whichever is more. In the case of a non-residential occupier, the area to be given in the reconstructed building shall be equivalent to the area occupied in the old building.

Provided that, where such building is partly self-occupied by the owners, then entitlement of such partly area shall be governed by the provisions mentioned in Regulation No.7.6.1 above.

Provided further that, if the existing authorized built-up area and incentive thereon as stated above is less than the maximum building potential mentioned in Regulation No.6.1 or 6.3, as the case may be, then society may avail premium FSI/TDR up to the maximum building potential.

ii) All the eligible tenants of the old building shall be re-accommodated in the redeveloped building.

iii) In case of fire-gutted buildings, conditions of more than 30 years of age of buildings shall not be applicable.

Note :- (applicable for Regulation No.7.6.1 & 7.6.2)

1) For the purpose of deciding the authenticity of the structure if the approved plans of the existing structure are not available, the Authority shall consider other evidence such as Assessment Record City Survey Record, or Sanad.

2) The new building may be permitted to be reconstructed in pursuance of an agreement to be executed on stamp paper by at least 51% of the landlord/occupants in the original building, within the meaning of the Bombay Rents, Hotel and Lodging House Rents Control Act, 1947 or Apartment Act and its related provision and in such agreement provision for accommodation for all occupants in the new building on agreed terms shall be made and a copy of such agreement shall be deposited with the Planning Authority before commencement or undertaking reconstruction of the new buildings.

3) An amount as may be decided by the Government shall be paid by the Owner/Developer/Society as additional Development Cess for the built-up area over and above the Base FSI. A corpus fund as decided by the Authority is to be created by the Developer which will take care of the maintenance of the building for a period of 10 years.