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 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. 2.1 Permission from the Planning Authority 

2.1.1 Necessity of Obtaining Permission

No person shall carry out any development work including the development of land by laying out into suitable plots or amalgamation of plots or development of any land as a group housing scheme or to erect, re-erect or make alterations or demolish any building or cause the same to be done without first obtaining a separate building permit/development permission/commencement certificate for each such development work/building from the Authority. As stipulated in section 18/46 of the Maharashtra Regional and Town Planning Act, 1966, no such permission shall be in contravention of the Regional Plan, Development Plan proposals as the case may be.

2.1.2 Permission Not Necessary

No such permission shall be necessary for :-

i) Carrying out of works in compliance with any order or direction made by any Authority

under any law in force for the time being.

ii) Carrying out of works by any Authority in the exercise of its powers under any law for the time being in force.

iii) The excavation (including excavation of wells) was made during the ordinary course of agricultural operation.

iv) The construction of a road intended to give access to land solely for agricultural purposes.

v) Normal use of land which has been used temporarily for other purposes like marriage pandals or for festive occasions, etc. on private land.

vi) Provision of safety grills to window/ventilator.

vii)  Distribution/receiving substation of the electric supply company.

viii) Installation of solar panels having a base of the solar panel at a height of up to 1.8 m. from the terrace, ensuring structural stability from the Licensed Structural Engineer.

ix) Providing internal lightweight partitions/cabins in the commercial building/establishment with a certificate of structural stability from the Licensed Structural Engineer.

x) Temporary structures for godowns/storage of construction materials within the site.

xi)  temporary site offices, sample flats and watchman chowkys within the site only during the phase of construction of the main building.

xii) Temporary structures for the storage of machinery before installation for factories on industrial lands within the site.

xiii) Labour camps for construction sites, provided adequate water supply and sanitation facilities are provided and safety is ensured.

xiv) Construction of temporary sets for film/TV serial/advertisement shooting and like activities for a period not more than one year, subject to intimation to the authority.

xv) Building on plot area up to 150 sq. mt. (low-risk category) and on plot area more than 150 sq. mt. up to 300 sq. mt. (moderate risk category) subject to compliance as per APPENDIX - K.

2.1.3 Development Undertaken on behalf of Government

As per the provisions of Section 58 of the Maharashtra Regional and Town Planning Act, 1966 the office in charge of the Government Department shall inform in writing to the Authority of the intention to carry out its purpose along with details of such development or construction as specified below and as certified by the Government Architect/Architect/Technical personnel :-

i) An official letter by the authorized officer of the Government Department addressed to the Authority, giving full particulars of the development work or any operational construction.

ii) Ownership document and measurement plan issued by the Competent Authority of Land Records Department.

iii) Development/building plans conforming to the provisions of the Development Plan/Regional Plan and these Regulations for the proposed development work to the scale specified in these Regulations.

iv) The proposals of the Development Plan or Town Planning Scheme or Regional Plan affecting the land.

v) A Site Plan (of required copies) of the area proposed to be developed to the scale.

vi) Detailed plan (of required copies) showing the plan, sections and elevations of the proposed development work to the scale, including existing building specifying either to be retained or to be demolished.

2.1.4 Operational Constructions

No permission shall be necessary for the operational construction of the Government or Government undertaking, whether of a temporary or permanent nature, which is necessary for the operation, maintenance, development or execution of any of the following services:

a)  Railways

b)  National Highway

c)  National Waterway

d) Airways and Aerodromes and Major Ports

e)  Posts and Telegraphs, Telephones, Wireless, Broadcasting and other like forms of Communication excluding Mobile Towers.

f)  Regional grids, towers, gantries, switchyards, control rooms, and relay rooms for transmission, distribution, etc. of electricity.

g)  Defence Authorities

h)  Any other essential public service as may be notified by the State/Central Government.

i)  The following constructions for operational purposes of new railway lines or tracks by the Metro Rail Administration (MRA)/Project Implementing Agency designated by the Government for the Metro Rail and Monorail/Light Rail Transit (LRT) Project.

"Operation Control Centre, Playback Training Room. Administration Building, Stabling Yards, Maintenance Workshop and Training Centre, Auto Car Wash Plant and Auto Wash Plant, Auxiliary Rail Vehicle Building, Under Floor Wheel Lathe and Blow Down Plant, Cooling Tower, Generator Area, Auxiliary Sub-station, Traction Sub-station, Transformer Area, Water Treatment Plant, Waste Water Treatment Plant, Deport Control Centre, sump Area, Parking, Check Post, Loading and unloading areas, Fouling Points, DG set Rooms, Metro and Mono stations (underground and elevated), Viaduct and tunnel, Ventilation Shaft, Entry / Exit Blocks, Passages, Underground passage to Station box, Lifts, Staircases, Escalators, Transit accommodation / Guest rooms, Metro Stations / Depots on property owned by it in all Use Zones, Air Handling Unit, Fire staircase, Fire lift and fire passages, Refuge area, thereto."

j) Facilities & services such as Roads, Water Supply, Sewerage, Storm Water Disposal and any other essential public services carried out by the State/Central Government or its undertakings / Bodies or the Local Bodies including :-

(a) Maintenance or improvement of highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street; or

(b) Inspecting, repairing or renewing any drains, sewer mains, pipes including gas pipes, telephone and electric cables, or other apparatus including the breaking open of any street, or other land for the purpose.

Provided that the concerned authority shall inform the Planning Authority in writing at the earliest and pay the necessary restoration charges to the Planning Authority within a month. The restoration charges shall not be more than the expenditure to be incurred by the Authority to restore the road etc. along with supervision charges, if any.

All such constructions shall, however, conform to the prescribed requirements for the provision of essential services, water supply connections, drains, etc. to the satisfaction of the Authority.

2.1.5  Constructions Not Covered under the Operational Constructions

The following constructions of the Government Departments do not come under the purview of operational construction for the purpose of exemption. In such cases, intimation to the authority as mentioned in above regulation shall be necessary.

a) New residential buildings (other than gate lodges, quarters for limited essential operational staff and the like), roads and drains in railway colonies, hospitals, clubs, institutes and schools in case of railways.

b) A new building, new construction or new installation or any extension thereof, in case of any other services other than those mentioned in these regulations.

2.1.6 Temporary Constructions

Permission shall be necessary for carrying out temporary construction. The Authority may grant permission for temporary construction for a period not exceeding six months at a time and in the aggregate not exceeding a period of one year. Such permission may be given by him for the construction of the following, viz. :-

(i)  Structures for protection from the rain or covering of the terraces during monsoon only.

(ii)  Pandals for fairs, ceremonies, religious functions, etc. on public land.

(iii)  Structures of exhibitions/circuses etc.

(iv)  Structures for ancillary works for quarrying operations in conforming zones.

(v)  Government milk booths, telephone booths, MAFFCO stalls and ATM Centres.

(vi)  Transit accommodation for persons to be rehabilitated in a new construction.

(vii)  Structures for educational and medical facilities within the site of the proposed building during the phase of planning and constructing the said permanent buildings.

(viii)  Ready mix concrete plant.

Provided that, necessary documents along with necessary scrutiny fees shall be submitted by the applicant along with the application for temporary construction.

Provided that, temporary constructions for structures etc. mentioned at (vi), (vii) and (viii) may be permitted to be continued temporarily by the Authority, but in any case not beyond completion of construction of the main structure or building and that, structure in (iv) and (v) may be continued on annual renewal basis by the Authority beyond a period of one year.

Provided further that approval of the Chief Fire Officer of the authority shall be obtained, wherever necessary.

2.1.7 Repairs to Building

The permission shall not be required for the following types of repairs to existing authorised buildings, which do not amount to additions or alternations. Only intimation to the Authority by the owner along with the certificate of licensed personnel shall be given.

i)  Changing of doors and windows in the same position.

ii)  Strengthening of existing walls, and existing roof in the same position.

iii)  Any other items similar to the above.

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

Various Regulations in Chapter 2 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, and Commencement Certificate in UDCPR 2020

Grant or Refusal of Permission 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. 1.6 Applicability of Other Regulations

i) CRZ Regulations—Any development within CRZ areas shall be governed by the Coastal Regulation Zone Notification No.S.O.19(E), dated 6 January 2011, and No.G.S.R. 37(E), dated 18 January 2019, as amended or replaced from time to time, wherever applicable.

ii) Restriction in Western Ghat Eco-Sensitive Area - The restrictions in the Western Ghat Eco-Sensitive Area imposed by the notification issued from time to time by the Ministry of Environment, Forest and Climate Change, Government of India, shall be followed.

iii) Other Regulations - Any other Restrictions imposed under the relevant regulations/Rules/Acts shall also be applicable, wherever applicable.

Rule No. 1.7 Power to Prescribe the Proformas

Notwithstanding anything contained in any Appendices/Proformas, provisions in respective regulations shall prevail. The Authority, with the approval of the Government, shall have the powers to prescribe proformas/appendices and/or make amendments in the contents of such proformas/Appendices A to M attached with these regulations.

Rule No. 1.8 Power to Decide Charges

The charges mentioned in these regulations for additional FSI, premium FSI, rate of interest, or for any other matter shall be subject to amendment by the Government from time to time. Wherever the rate of premium is to be decided based on rates mentioned in ASR, the rate in the ASR shall be of the year of granting the permission.

Rule No. 1.9 Meanings as in Acts, Rules, and Interpretations

i) Terms and expressions not defined in these regulations shall have the same meaning or sense as, in the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra Act No. XXXVII of 1966), the Maharashtra Municipal Corporations Act, 1949, or the National Building Code, 2005, as amended from time to time, and the rules or bye-laws framed thereunder, as the case may be, unless the context otherwise requires.

ii)  The Maharashtra General Clauses Act, as amended from time to time, shall be applicable in case of standard terms and phrases as defined and interpreted therein.

iii)  In these regulations, the use of the present tense includes the future tense, the masculine gender includes the feminine and neutral genders, the singular includes the plural and the plural includes the singular. The word "person" includes a corporation as well as an individual; "writing" includes printing, typing, and e-communication, and "signature" includes e-signature, digital signature, and thumb impression of a person unable to sign, provided that his name is written below such impression.

iv)  Whenever sizes and dimensions of rooms and spaces within buildings are specified, they shall mean clear dimensions unless otherwise specified in these regulations. However, sizes and dimensions may not be disputed with reference to finished/unfinished surfaces unless they affect the overall dimensions of the building.

v)  If any question or dispute arises with regard to the interpretation of any of these regulations the matter shall be referred to the State Government, who, after considering the matter and, if necessary, after giving a hearing to the parties, shall give a decision on the interpretation of the provisions of these regulations. The decision of the Government on the interpretation of these regulations shall be final and binding on the concerned party or parties.

vi) In the case of provisions of other Acts/Rules/Regulations that are incorporated into these regulations, the amendments made subsequently in parent Acts/Rules/Regulations will automatically be applicable, wherever applicable, to these regulations.

vii) If a Marathi version of these Regulations exists and if there is a conflict in the interpretation of any clause between the English and Marathi versions, then the interpretation of the English version shall prevail.

Rule No. 1.10 Removal of Difficulties

If any difficulty arises in giving effect to the provisions of this Unified Development Control and Promotion Regulations, the State Government may, by order published in the official Gazette, give such directions, as may appear to it to be necessary or expedient for the purpose of removing the difficulty.

Provided that, no such order shall be made after the expiry of a period of 1 year from the date of coming into force of this Unified Development Control and Promotion Regulations.

Related Regulations to Rule No. 1 -

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

Short Title, Extent & Commencement Administration in UDCPR 2020

Definitions in Administration in UDCPR 2020

Applicability of Regulations in Administration in UDCPR 2020

Savings in Administration in UDCPR 2020

Content Table:

• What is NA?
• NA from the terminology of Foot2Feet?
• NA from common facts in feasibility report
• Misconceptions of NA
• Process to do NA in a Municipal corporation
• Process of NA in a Non-municipal corporation
• Conclusion

Lands or plots are broadly classified into three major types; Agricultural land, Non-agricultural land (NA) and Forest land.

What is NA?

Non-agricultural land or NA is a type of land on which residential or commercial buildings, factories, and industries can be constructed. Whereas, agricultural lands are typically lands devoted to agricultural activities. It is illegal to construct a residential or commercial estate upon agricultural lands.

A. NA from the terminology of Foot2Feet:

Non-agricultural land or NA can be from different zones like Urbanizable Zone, Industrial Zone, Recreational Zone & Residential Zone or R-Zone. For NA land, zone plays an important role. Any land is by default agriculture land in India, except the land in Gaothan area. NA land is not necessarily to be residential all the time, and similarly residential land is not necessarily NA land always.

B. NA from common facts in feasibility report:

Feasibility is one of the primary steps that owners, developers or builders conduct. The feasibility report states the possibilities and written statements that your land or piece of plot is possibly fit to withstand your planned project. It may contain graphs, statistics, statements, and an in-depth analysis of certain components.

After buying NA it is important to see if the land is feasible or not for construction. It assists in the growth and development of papers of execution and determines the required permissions and approvals needed for NA.

C. Misconceptions of NA:

There are few misconceptions regarding the non-agricultural land which need to be eradicated. Listed below are some of the myths that are often associated with NA:

1. Tax benefits: It is a common assumption among people that there are no tax benefits in buying NA land as against buying pre-built houses. Yes, it is true that the interest payable on a loan taken to buy a plot of land is tax deductible only if that land is used for generating income, unlike a loan taken to acquire a property. However, the interest can be capitalized and added to the cost of acquisition of the plot, which can help in reducing the capital gain tax liability at the time of sale of the plot.
2. Cost: Buying a piece of land does not need tonnes of cash, as it is in the case of buying pre-built houses. A good land deal can be locked at a moderate investment of Rs. 5-10 lakhs in a good location which is quite capable of yielding worthwhile returns in the long term, usually 5-7 years, but 10-15 years is always a better bet.
3. Loans: It’s a misconception that banks do not provide loans for buying NA land. But, banks do provide financing for buying land from statutory bodies or reputed developers. However, the interest rates for buying land are about 1-2% higher when compared to regular home loans. Also, the tenure of such a loan is restricted to a maximum of 7-10 years.

D. Process to do NA in a municipal corporation:

Before carrying out any development on the agricultural land, the occupant of the land has to apply to the collector for permission to convert the use of agricultural land for any non-agricultural purpose.

After converting the agricultural land into NA land, it becomes easier to receive permission for construction from the local governing bodies.

Let’s take a look at various steps to be followed to do the NA process:

1. Apply for building permission: In order to start any new building construction, the occupant or superior holder of land need to first furnish an application form along with the supporting documents to the District collector in whose jurisdiction the concerning agriculture land is situated.
2. Verification: After receiving the application request, the concerning District collector will acknowledge the application within seven days and send a copy of the application to Tahsildar. If the proposed area is within the jurisdiction of a Municipal corporation, the collector consults them concerning acquiring the building permit.
3. Get NA NOC from Tahsildar: TheTahsildar will check for revenue clearance and technical clearance. The tahsildar will also check certain parameters like if the applicant is the rightful occupant of land and is empowered to file for a change of land use if any dues are pending to any department by the occupant, and whether the local authority has any objections for land conversion.
4. Issuing of NA conversion order: The District collector will issue an order of conversion within a month of the date of payment of premium and then authorize the Tahsildar to change the particulars of the land by making necessary entries in the revenue records.
5. Pay NA Taxes: The land occupier or landholder has to pay NA land taxes from the date on which NA land use begins. If the occupier or holder fails to inform the Tahsildar within the period specified, he/she will be liable to pay in addition to the non-agricultural assessment fine of five hundred rupees to the District collector.

E. Process of NA in a non-municipal corporation:

If there is no Municipal Corporation or Municipal Council in the area for proposed conversion of agricultural land to non-agricultural land, the applicant needs to submit a No Objection Certificate (NOC) and clearance certificate.

F. Conclusion:

The process of land conversion from agricultural to non-agricultural might look tedious and lengthy, but it is quite simple if implemented properly. To know more about various factors involved in land deals, land reservations, and different types of land zones, keep in touch with Foot2Feet.

We provide various services, solutions and deep knowledge related to land, construction, Tax NOC, and much more.

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. 12.4 Building Services

1) The planning, design, and installation of electrical installations, air-conditioning, and heating work shall be carried out in accordance with Part-8 - Building Services, Section-2 - Electrical and allied Installations, Section-3 - Air Conditioning, heating and mechanical ventilation of National Building Code of India, amended from time to time.

2) The planning design including the number of lifts, type of lifts, capacity of lifts depending on the occupancy of the building; population on each floor based on occupant load, and height of the building shall be in accordance with Section-5 - installation of Lifts and Escalators of National Building Code of India, amended from time to time. In existing buildings, in case of a proposal for one additional floor, the existing lift may not be raised to the additional floor.

3)  The lifts shall be maintained in working order properly.

Related Regulations

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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

Signs and Outdoor Display Structures 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

UDCPR 2020 Chapter 14 is all about the Special Schemes 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. 14.3 Affordable Housing Scheme

i) The Authority may permit the implementation of the Affordable Housing Scheme in accordance with the provisions of these Regulations. Affordable Housing Scheme (hereinafter referred to as ‘the Scheme’) shall be permissible only on the lands situated within the limits of the Municipal Corporation.

a) Affordable Housing Scheme shall be permissible in Residential Zone only and on plots having access from an existing or proposed Development Plan Road having a width equal to or in excess of 18.0 m. or an existing road in respect of which Regular Line of Street has been declared under the relevant provisions of Maharashtra Municipal Corporation Act, for a width of 18.0 m.or more. However, in the case of a proposed road, the land under the said proposed road shall be acquired before the approval of building plans for the Affordable Housing Scheme.

b) The minimum plot area for the Affordable Housing Scheme shall be 4000 sq. m., excluding areas under D.P. Roads and D.P. Reservations, if any.

c) The plot under the Scheme shall be independent, unencumbered and contiguous.

d) The Scheme shall not be permissible in congested areas, demarcated as such on the Development Plan.

e) Maximum permissible FSI (including the basic FSI of 1.00) under the Scheme shall be 3.00 on the gross plot area, including mandatory layout recreational open space and Amenity Space. The FSI to be utilized shall be in the proportion of 1:3 for the Affordable Housing Component and the Free Sale Housing Component on 1⁄4th and 3⁄4th part of the land respectively. Thus, affordable housing and free sale housing shall be proposed on the same plot of land but in two separate, independently buildable pockets.

f) Under the Affordable Housing Scheme, up to 15%of the total built-up area of the Affordable Housing Component may be used for construction of shops / commercial use as per the direction of Urban Local Body and such commercial built-up area shall be handed over to the concerned ULB free of cost.

g) An Affordable Housing Unit shall be a self-contained dwelling unit of 27.88 sq.m. carpet area. However, the carpet area of a Housing Unit shall be 160 sq.ft./25 sq. mt. where the construction under the Rental Housing Scheme/Affordable Housing Scheme, as the case may be, has already commenced.

h) The amenity space for Affordable Housing shall be as per these regulations and it shall be proportionately provided in the area earmarked for the Affordable Housing Component and the area kept for the Free Sale Housing component.

Provided that where the Scheme is to be implemented on a plot in an Industrial Zone where the Planning Authority has duly permitted Residential users under the relevant provisions of the Development Control Regulations :-

i) No further area shall be required to be kept as amenity space under this Regulation for the Scheme if the area prescribed to be kept as amenity space while permitting residential users in the Industrial Zone is equal to or more than 10% of the gross plot area.

ii) Only the balance area shall be required to be kept as amenity space under this Regulation for the Scheme if the area of amenity space prescribed by the Planning Authority, while permitting residential users in the Industrial zone, falls short of 10%.

ii) a) Notwithstanding anything contained in the relevant provisions of the Development Control Regulations for the respective Municipal Corporation regarding the provision of Amenity Space in general, and also regarding permitting Residential users in Industrial zones, it shall be obligatory on the Developer / Owner to develop the amenity space for users (hereinafter referred to as prescribed amenity users) such as School, Play Ground, Garden, Health Care Facilities, Multipurpose Hall, Auditorium, etc. with the approval of Authority as per the specifications prescribed by the said Authority, subject to the condition that at least 50% of such amenity space shall be kept for open users, before seeking Occupancy Certificate for the Free Sale Housing Component of the Scheme, failing which the land under such amenity space shall be handed over free of cost to the Planning Authority and such land shall be developed by the Authority for the aforesaid prescribed amenity users only.

No compensation in the form of TDR shall be admissible to the Owner/Developer for the development of such prescribed amenities under this Regulation.

b) Irrespective of whether the Owner / Developer develops the prescribed amenity users as per the provisions of Clause (ii) above or fails to do so, the process of handing over the land under such amenity space, along with the developed prescribed amenities, where such prescribed amenities have been developed, shall be completed within one month from the date of application by the Developer / Owner for seeking Occupancy Certificate for the free sale housing component of the Scheme and if such handing over process is not completed within the said period, the occupancy certificate for the free sale housing component of the Scheme shall be withheld by the Authority till such amenity space, along with developed prescribed amenities, where such prescribed amenities have been developed, is handed over to the Authority.

c) Under the Affordable Housing Scheme, there shall be a welfare hall and a Balwadi at the rate of 30.0 sq.m. for every multiple or part of 200 residential units and an office for the Co-operative Housing Society at the rate of 30.0 sq.m. per every multiple or part of 500 residential units which shall be treated as a part of Affordable Housing Component and shall not be counted towards the FSI while computing 3.00 FSI on the site and shall be given along with layout / D.P. roads and shops, free of cost to the concerned ULB. These facilities shall be constructed at locations as suggested by the concerned ULB and shall be transferred free of cost to it.

iii) Under the Affordable Housing Scheme, off-site infrastructure charges at the rate of 5% of the land rate as given in the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration, Maharashtra State, for the year in which Commencement Certificate is issued (without applying guidelines of ASR), subject to a minimum of Rs.2000/- per Sq.m., shall be paid by the Developer for the built-up area, over and above the normal permissible FSI. This amount shall be paid to the concerned ULB.

iv) Release of FSI under the Scheme shall be as follows :-

FSO for Affordable Housing Component and the Free Sale Housing Component under the Scheme shall be released in accordance with the following Table No. 14-S

Explanation - The FSI of 3.00 is to be calculated separately on one-fourth of the plot area for the Affordable Housing Component as well as three-fourth of the plot area for Free- Sale Housing component.

v) The Affordable Housing Component under the Scheme shall be handed over along with the 1⁄4th part of the total plot of land, free of cost to the concerned ULB.

vi)(a) The affordable housing stock created under the scheme shall be allotted by the concerned ULB as follows :

(b)The affordable housing stock shall be disposed of as per the prevailing policy of MHADA regarding pricing and disposal of its housing stock meant for affordable housing. Each project approved under the Scheme shall be brought to the notice of the government of Maharashtra and its statutory bodies/Government undertakings by means of press advertisement and if the Government of Maharashtra or any of its statutory bodies/Government Undertakings doesn’t place firm requirements for the housing stock earmarked for them in the Scheme before the completion certificate/occupation certificate for the said scheme is issued, the same shall come to the share of MHADA for outright sale as per the prevailing policy of the MHADA.

vii)(a) The other aspects of the development of the affordable housing scheme, not specifically dealt with hereinabove, shall be as per the relevant provisions of UDCPR.

b) It shall also be permissible for the developer/owner to utilize the FSI available for free sale housing component, fully / partly for any other user otherwise permissible as per UDCPR.

c) In case, owing to genuine hardship and site conditions, relaxation in marginal open spaces is sought by the developer/owner, the authority may consider such request, using its discretionary powers under the UDCPR, subject to the condition that in no case shall the clear marginal open space be reduced below 6.0 m. No premium shall be charged for granting such relaxation in marginal open spaces with respect to the affordable housing component of the scheme.

Related Regulations

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