There are general regulations about any construction permissible on land and no piece of land shall be used as a site for the construction of a building if the site is not eligible for it.

If the Authority considers that the site is insanitary, incapable of being well-drained, or is dangerous to construct a building on it then it is not permissible to use this land as a site for construction.

For Example, if the site is in Defense land, Railway region Hilly region, or not drained properly in this case there one cannot construct anything on the land without considering the regulations. This information about reservations and their use is very important when someone starts actual planning, whether they are land owners, builders, or construction owners. It is a must-know information before purchasing land or starting construction on the land

UDCPR 2020 Chapter 3 is all about General Land Development Requirements.

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

Rule No. 3.4 Recreational Open Spaces

3.4.1 Recreational Open Space

Open space is the space left for recreational activities for the user of the plot. It remains part of the same land under the ownership of the society.

Generally, we have to leave 10% of the total plot are for any building or layout permission. Depending upon by-laws smaller plots, gunthewari plots, N.A., plots do not require an open-space area.

In any layout or subdivision or any development of land for any land use/zone admeasuring 0.4 ha. or more (after deducting area under D.P./R.P. road, D.P. Reservation including deemed reservation under these regulations, if any, from the total area under development), 10% of the area under layout shall be earmarked as recreational open space which shall, as far as possible, be provided in one place. In case of land admeasuring more than 0.8 ha, such recreational open space may be allowed to be earmarked at different locations in the same layout, provided that the size and other dimensions conform to the provisions herein below. However, the owner shall be at liberty to provide recreational open space of more than 10%.

i) The above-mentioned area of 0.4 ha., shall be measured with reference to the original holding as of 11th January 1967 and not with reference to sub-divided holding in revenue/city survey record thereafter without the permission under the Maharashtra Regional & Town Planning Act, 1966. However, this provision shall not be applicable to plots compulsorily got subdivided below 0.4 ha. Due to the D.P./ R.P. Roads/Road widening/reservations/deemed reservations or any other proposal of the Authority.

For the lands which are sub-divided after 11th January, 1967 without taking prior permission from the Authority and having plot area below 0.4 ha., the applicant may opt for any of the options from:-

a)  providing 10% open space subject to a minimum of 200 sq.m., or

b)  availing the reduced FSI of 75% of the basic FSI as otherwise permissible on such land. In such cases, loading of TDR shall be permissible to the extent of 50%, as mentioned in Chapter 6 on General Building Requirements - SETBACK, MARGINAL DISTANCE, HEIGHT, AND PERMISSIBLE FSI.

c)  avail full basic FSI and other permissible FSI/TDR by paying 10% of the value of the land under the proposal as per the Annual Statement of Rates for that year, without considering the guidelines therein.

(ii) For the plots having an area up to 0.4 ha. regularised under the Maharashtra Gunthewari Development (Regularisation, Upgradation, and Control) Act, 2001, no such open space shall be required for the development permission. However, for plots having an area of 0.4 ha. or more regularised under this Act, all the provisions of UDCPR, including Recreational Open Space and amenity space, shall be applicable.

Not more than 50% of such recreational open space may be provided on the terrace of a podium in a congested /non-congested area subject to Regulation No.9.13.

(iii) Notwithstanding anything contained in the definition of “Recreational Open Space” in these regulations, such recreational open space to the extent of 100% may be allowed to be provided on the terrace of a podium if owner/developer provides 1.5 m. a strip of land along plot boundary, exclusive of marginal distances, for plantation of trees.

(iv) In case of lands declared surplus or retainable under the Urban Land (C. & R.) Act, 1976, if the entire retainable holding or entire surplus holding independently admeasures 0.4 ha or more, then 10% recreational open space shall be necessary for respective holding.

(v) Such recreational open space shall also be necessary for group housing schemes or campus/cluster planning for any use/zone.

(vi)  Such open space shall not be necessary:-

a)  in cases of layout or subdivision of plots from a layout already sanctioned by the Authority, irrespective of the percentage of open space left therein.

b)  for the development of the reservations in the Development Plans designated for the purpose other than residential.

c) for the uses other than Residential, Industrial, and Educational permissible in the Agricultural zone.

(vii) In the case of the development of land for educational purposes, in lieu of 10% recreational open space, the following percentage of the gross area (or as decided by the Government from time to time), excluding the area under Development/Regional Plan road and Development Plan reservations, shall be earmarked for playground. Notwithstanding anything contained in this regulation, the shape and location of such open space shall be such that it can be properly used as a playground. The area of such playground shall not be deducted for computation of FSI. The independent playground of the institution attached with the school building shall also be entitled to the computation of FSI.

Provided that, in case of area more than 1.0 ha. such area to be earmarked for playground shall be as under:-

Provided further that, in cases where space for such playground is not available because of development permissions already granted by the Authority for education purposes and work is completed, such space for playground may not be insisted.

viii) Such recreational open space shall not be entirely proposed in marginal distances/setbacks, or a major part of it shall not be proposed in marginal distances/setbacks. However, such recreational open space, bigger than marginal distances and confirming to Regulation No.3.4.6, may include part of marginal distances/set back area, if such recreational open space is proposed adjoining to plot boundary.

3.4.2 Recreational Open Space - Owner’s Undertaking

The owner shall give an undertaking that the recreational open space shall be for the common use of all the residents or occupants of the layout/building unit.

i) On sanction of the development permission, the recreational open space shall be deemed to have been vested in the society/association of the residents/occupants of the layout/building unit except as specified otherwise. In case such society or association is yet to be formed, the owner shall give an undertaking to the Authority at the time of occupation certificate in case of Group Housing Scheme and at the time of final approval in case of plotted layout, that he will transfer the recreational open space at a nominal cost of Re.1/- to the society/association whenever it is formed. The recreational open space shall not be sold/leased out/allotted/transferred for any purpose, to any other person, and it shall not be put to any other use except for the common use of society/association of the residents/ occupants as mentioned in Regulation No.3.4.7.

ii) If the Authority is convinced that, either the owner has failed to abide by the undertaking or such open space is being used in violation of the provisions as prescribed in these regulations, then the Authority shall take over possession of such land of recreational open space for maintaining it for the uses permissible in these regulations, subject to condition that it shall not be further handed over or allotted to any person/institute/authority other than the society/association of the residents/occupants.

Provided that, it shall not bar the return of the possession of such open space to the original society/association of plot owners, after taking due undertaking to that effect.

Provided further that the cost incurred by the Planning Authority on maintenance of such Recreational Open Space shall be recovered as arrears of dues to the Authority from the owner/society/association of the residents/occupants till reversion of the possession.

3.4.3 Recreational Open Space - Rearrangement

No permission shall be granted to delete/reduce open spaces of the existing sanctioned layout/subdivision. However, while revising the layout, such recreational open space may be rearranged without a decrease in area subject to the minimum prescribed area under these Regulations with the consent of plot/tenement holders / co-owners, but such revision of recreational open space shall ordinarily not be allowed after a period of 4 years from 1st final sanction. However, such revision of open spaces may be allowed after 4 years also, where plots in the layout are not sold or transferred.

3.4.4 Recreational Open Space - Exclusive

The open spaces shall be exclusive of means of access/internal roads/designations or reservations, roads, and areas for road widening in the Development Plan/Regional Plan.

3.4.5 Recreational Open Space in Green Belt

Such recreational open space may be allowed to be earmarked, partly or fully, in the green belt area shown on the Development Plan after leaving a distance of 15.0 m. from the river and 9.0 m. from nallah, provided, such recreational space is sizable as required under these regulations. Provided that, the only use and structures permissible under Regulation No.4.11 on Land Use Classification and Permissible Uses on Agriculture Zone in respect of Green belt, may be permitted in such open space.

3.4.6 Minimum Dimensions

The minimum dimension of such recreational open space shall not be less than 10.0 m. and if the average width of such recreational open space is less than 20 m., the length thereof shall not exceed 2 1⁄2 times the average width.

3.4.7 Structures Permitted in Open Space

If required, structure and uses that can be permitted without counting in FSI in the recreational open spaces shall be as under:-

i) There may be a maximum two storeyed structures with a maximum 15% built-up area of recreational open space, out of which, built-up area on the ground floor shall not exceed 10%. In case of stilt, additional floors may be allowed.

ii)  The structures used for the purpose of the pavilion, gymnasia, fitness center, clubhouse, vipassana, and yoga center, crèche, kindergarten, library, or other structures for the purpose of sports and recreational activity (indoor or outdoor stadiums, etc., as per availability of area) may be permitted. Utilities such as water tanks (underground or elevated), electric substations, generator sets, pump houses, garbage treatment, and public health outposts/centers may be permitted only with the consent of the society of residents. Religious structure may be allowed with the permission of competent Authority as decided by the Government from time to time.

iii)  No detached toilet block shall be permitted.

iv)  A swimming pool may also be permitted in such a recreational open space. The ownership of such structures and other appurtenant users shall vest in all the owners on account of whose cumulative holdings the recreational open space is required to be kept in the land.

v)  The proposal for the construction of such structure should come as a proposal from the owner/s, owners’ society/societies, or federation of owners’ societies and shall be meant for the beneficial use of the owners/ members of such society/societies/federation of societies.

vi)  The remaining area of the recreational open space shall be kept open to the sky and properly accessible to all members as a place of recreation, garden, or a playground.

vii)  The owners’ society/societies, the federation of the owners’ societies shall submit to the Authority, a registered undertaking agreeing to the conditions in (v) & (vi) above while obtaining permission for the above said construction.

3.4.8 Recreational Open Space and Means of Access

Every plot meant for a recreational open space shall have an independent means of access. In the case of a group housing scheme, if such recreational open space is surrounded by or located along buildings and is meant for use by the occupants of those buildings, then independent means of access may not be insisted upon.

Related Regulations to Rule No. 3 - 

You can visit our other blogs related to Regulations 3 through the below-mentioned links:

Provision for Amenity Space in UDCPR 2020

Minimum Plot Area for Various Uses in UDCPR 2020

Provision for Inclusive Housing in UDCPR 2020

Relocation of D.P Reservations (Except Road) UDCPR 2020

Rules for Railway Line, River, Electric Line, Airport, Nallah in UDCPR 2020

Plotting, Land Subdivisions, and Access Road Rules in UDCPR 2020

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. 14.2 Transit-Oriented Development (TOD)

The following regulations in respect of Transit Oriented Development shall be applicable for the areas mentioned herein under. These provisions shall come into operation where Authorities either have or proposed RTS/Metro-rail/BRTS corridors in their Development Plans and have started implementing them.

14.2.1 For Pune Municipal Corporation Area

14.2.1 Transit-Oriented Development (TOD)

The planning authority shall ensure execution of complete street design for the success of TOD and enable construction of street oriented buildings while achieving optimum densities in residential, commercial and office buildings.

The Planning authority shall also ensure complete pedestrianisation in the TOD zones for easy movement of the pedestrians to & from station within a period of 1 year from sanction of this regulation.
 

14.2.1.1 Definition

(i) TOD zone :- It is the area 500 m. around the proposed Metrostation boundary, which will be delineated by the Planning Authority with the approval of the State Government. Wherever any reservation/amenity space within such distance is utilized for the purpose of transportation as prescribed in these regulations, and the distance of 500 m. shall stand relaxed up to 30%. The TOD zone shall be delineated on the ground by the Planning Authority in a bound manner i.e. within 2 months from this notification.

(ii) Base permissible FSI :- It is the FSI that is otherwise permissible on any land with respect to zone shown as per the sanctioned development plan and the relevant provision of the Principal DCPR excluding the TDR and the premium FSI, redevelopment incentive FSI that can be received.

(iii) Gross plot area :- Gross Plot Area means the total area of land after deducting area under reservation or deemed reservation like amenity space if any, area under D.P. Road and Road widening.

(iv) Principal DCPR :- Principal DCPR means the UDCPR sanctioned vide notification dt.02.12.2020 and as amended from time to time.

14.2.1.2 Maximum Permissible FSI

The maximum permissible total FSI in the TOD zone shall be 4.00 including the base permissible FSI, subject to the condition that, the additional FSI over and above the base permissible FSI shall be allowed within the overall limit of maximum permissible FSI, as given in the Table below -

Note : The Regulations as pertaining to Ancillary FSI as listed in the principle DCPR shall be applicable to the above-mentioned FSI. The Built-up Area Calculation shall be in accordance with Regulation 6.6 of UDCPR.

14.2.1.2.1 Premium to be Paid

Additional FSI Over and above the base permissible FSI of respective land use zones as per principal DCPR may be permitted on the payment of premium.

The rate of premium for the additional F.S.I. as mentioned in Column No.3 above shall be 30% for FSI to be used for tenements of size equal to or less than 60 sq.m. and 35% for the remaining FSI to be used for residential and/or commercial use, of the rate of the said land mentioned in Annual Statement of Rates without considering the guidelines therein.

In the area of the Planning Authority, 50% of the amount of premium collected should be paid to the Planning Authority in the area concerned with the Urban Transport Project and the remaining 50% to the Project Implementing Authority.

In the area of Regional Plans, 50% of the amount of premium collected should be paid to the Government through the District offices of the Town Planning and Valuation Department and the remaining 50% to the Project Implementing Authority.

14.2.1.2.2 Impact Assessment and Integrated Mobility Plan

Such additional FSI over and above the base permissible FSI, shall be granted by the Authority from where the Metro Rail is passing through, after taking into account the Impact Assessment of the implementation of these regulations, regarding the impact on the city and sector-level infrastructure and amenities as well as traffic and environment. Such Impact Assessment shall also contain measures to be undertaken to mitigate its likely impact and the Action Plan for implementation of such measures in a time-bound manner.

There shall be an Integrated Mobility Plan envisaging inter-linkages between different modes of mass transport, parking management, traffic management and pedestrianisation, non- motorized transport network, last mile connectivity, traffic calming, inter-connected street networking etc.

The impact assessment analysis shall be done by the Planning Authority within 4 months containing the remedial measures required regarding the upgradation of infrastructure, etc. taking into consideration the impact analysis and provisions of the sanctioned Development Plan and the need for such area falling in TOD Zone. Local Area Plans shall be prepared by the Planning Authority with the participation of local residents within a period of four (4) months. Such Local Area Plans shall contain complete street design to achieve optimum densities and also to ensure complete pedestrianisation.

14.2.1.2.3

The entire area of the plot may be considered for calculating the potential of the plot with respect to premium FSI + TDR, but not the basic FSI. Basic FSI shall be calculated on the area of the plot remaining with the owner after deducting the area under D.P. road/road widening/reservations and amenity space. This shall be applicable in cases where a reservation area or amenity space is handed over to the authority.

14.2.1.2.4

In case of plot/plots falling partly within the TOD zone, the FSI permissible shall be as follows, provided that the total area of the plot (plot falling within TOD zone plus plot falling outside TOD zone) shall be as prescribed in the table in regulation no.14.2.1.2 :-

(i) Where 50% or more area of such plot/plots falls within TOD zone, these regulations including FSI shall apply to the total area of such plot/plots.

(ii) Whereless than 50% area of such plot/plots falls within the TOD zone, these regulations including FSI shall be applicable to the part of plot/plots falling within the TOD zone, whereas for the part of plot/plots falling outside TOD zone, these regulations except provisions regarding FSI shall be applicable. The FSI permissible for the part falling outside the TOD zone shall be as per Principal DCPR.

Notwithstanding anything contained in any other provisions of these regulations, TDR shall be allowed to be received on the plots within the TOD zone, irrespective of its location in a congested area/non-congested area as per the Development Plan of Pune subject to the condition that it shall be utilised in 1/4th share with premium FSI at every stage of utilization. Such share shall be calculated on the potential remaining after utilizing the in-situ FSI towards the Development Plan road, reservation, and amenity space, if any, on such land.

However in case of non -availability/shortage of TDR, the Authority, after considering the local situation, may allow utilisation of the entire potential with premium FSI. The Planning Authority shall compensate for the same to the Metro Project Implementing Authority as per the sharing formula decided by the Government from time to time.

(iii) In the case of plots that marginally fall in the TOD Zone, i.e., less than 10% or 500 sq.m., whichever is less, the land owner/developer shall decide to follow these TOD Regulations or Principal DCPR.

14.2.1.3 Tenement Size

For any development or redevelopment within the TOD zone, the size of the tenement shall be a minimum of 25 sq.m. and a maximum of 120 sq.m. of carpet area and out of total proposed tenements, the tenements equivalent to at least 50% of total FSI shall be of a size equal to or less than 60 sq.m. carpet area except the projects in which rehabilitation of existing tenements is undertaken. In the case of a redevelopment scheme, the size of the tenement can be relaxed for the Rehab Component subject to other provisions of Principal DCPR. However, for the free sale component, 50% of residual FSI shall be utilised for tenements of size equal to or less than 60 sq.m. carpet area. These tenements shall not be allowed to be clubbed/amalgamated in any case. However, this restriction for the residual FSI shall not be necessary in the case of single-building redevelopment projects on plots below 1000 sq.m.

In the case of a building with mixed-use, 50% of FSI utilized for residential purposes shall be considered for calculating the requirement of tenements of a size equal to or less than 60 sq.m. carpet area.

If the holder/owner of the property needs to build this 50% component at some other location(s) within the same TOD zone/circle, the difference between the rate of sale of tenements as mentioned in the Annual Statement of Rates shall be paid by the developer to the Municipal Corporation as premium.

14.2.1.4 Permissible mixed use in TOD zone

Mixed-use in the form of residential and commercial may be permissible on the residential plot in the TOD zone fronting on the road width of 12 m., and above, and mixed-use on plot/plots in the commercial plot in the TOD zone shall be permissible as per the Principal DCPR and the maximum permissible FSI under this regulation shall be allowed on the payment of premium. Purely Mercantile building office buildings, schools, colleges, hospitals, hotels, and assembly buildings will be permissible on independent plots, & Information Technology buildings will be permissible on independent plots subject to payment of premium. For I.T. Buildings the rate of premium for additional FSI up to 200 % shall be as per regulation No.7.8 of Principal DCPR and for additional FSI over it shall be as required under this regulation.

14.2.1.5 Marginal Distances

Marginal Distances Shall be applicable as per provisions in principle DCPR.

14.2.1.6 Parking

Parking provisions in the TOD Zone shall be at 50% of those as mentioned in UDCPR.

Note : No on-street parking shall be permissible, unless specifically allowed in the integrated mobility plan report.

14.2.1.6.1 Incentive for providing Public Parking in the area falling within the radius of 200 m. from the Metro/ MRTS Station.

If the owner/developer of the plot falling within the radius of 200 mt. from the Metro Station is willing to provide Public Parking space over and above the parking spaces required as per

regulation No.14.2.1.6 of this regulation, the same shall be allowed without charging a premium for such additional area and in that case the overall premium shall be discounted on 50 % of such parking area while calculating premium for additional FSI allowed over and above the base FSI, subject to following conditions :-

a) Such parking area shall be in the built-form and shall be handed over to the Planning Authority free of cost before granting the Occupation Certificate to the project. The Planning Authority should enter into an agreement with the owner/developer for such parking space at the time of granting Commencement Certificate to the project. Such a Public Parking area shall be clearly shown on the proposed building plan/layout and a condition to the above effect shall be incorporated in the Commencement Certificate.

b) The parking area shall have independent access from the major road adjacent to the plot and with proper entry and exits.

c) The parking area to be made available at the individual site shall be at a minimum of 100 sq. mt. at one place either on the Ground floor/Stilt floor or the first floor.

d) The maximum parking area that can be provided shall be decided by the Authority, as the case may be, on considering the location of such site and the parking requirement.

e) A board showing the location of such public parking spaces should he displayed at suitable places by the Planning Authority.

f) The area covered under such parking shall not be counted towards FSI consumption.

g) Concerned land owner/developer/society / public company shall not be allowed to operate the public parking.

h) The proposed development shall be further subject to such conditions as may be decided by the Authority.
 

14.2.1.7

In case of development or redevelopment, proposed by the Authority/individual applicant/any other Planning Authority, from the edge of the Metro Rail, within 20 mt. distance on its either side, the concerned Planning Authority before granting such permission for development/redevelopment shall seek prior NOC from the concerned Metro Railway Authority as required under the Metro Railways (Construction of Works) Act, 1978 from the point of view of safety of the Metro Railway and such other related matters.

14.2.1.8

For the matters not provided in this regulation, the relevant provisions of Principal DCPR shall apply. However, in case of any conflict between this Regulation and any other Regulation/s of the Principal DCPR, this Regulation shall prevail for the TOD zone.

14.2.1.9

No Compound wall/fencing shall be permissible on the plot's boundary facing the road, and 50% of the front marginal distance (subject to a minimum of 3.0 mt.) shall be kept accessible to pedestrians to be used as footpaths. However, it shall be permissible for the applicant to construct / erect fencing on the receded boundary after leaving the space for pedestrians as specified above.

14.2.1.10

Large wholesale stores having built-up areas of more than 500 sq.mt., car dealer showrooms, warehouses/storages, auto service centres, Garages etc. shall not be permissible in the TOD zone.

14.2.1.11

The provision of Inclusive housing shall not be applicable in the TOD zone.

14.2.1.12

For Gunthewari development regularized under the provisions of Maharashtra Gunthewari Development Act, 2001 and falling in the TOD zone, seeking permission for development/redevelopment, these regulations shall apply.

14.2.1.13

In the case of an independent unit or bungalow for self-use, such Development or redevelopment may be allowed within base FSI subject to the Principal DCPR.

Notwithstanding anything contained in this regulation, if any development on a plot in the TOD zone is proposed within base permissible FSI (without TDR or Premium FSI) as per provisions of Principal DCPR, all other provisions of Principal DCPR shall be applicable.

14.2.1.14

The layout of building/group housing layout or standalone building on a plot/plots situated in TOD zone/Circle, over which any development permission is granted or any development proposal for which any action is taken and for which occupancy certificate is not granted, may be revised and balanced potential, as per this regulation, if any, may be allowed subject to structural stability criteria and provisions in Regulation 1.5 of Principle DCPRand subject to following -

a) Parking - For the ongoing buildings, the requirement of parking as per this regulation shall be applicable for the balance building potential.

b) Tenement size - For the ongoing buildings, the requirement of tenement size as per this regulation shall be applicable for the balance building potential.

14.2.1.15

The Amount received as scrutiny fee, hardship premium, and premium for additional FSI etc. in the TOD zone/circle shall be kept in separate head at Authority level and shall be utilizedfor development of metro project as per directives issued by Government from time to time.

14.2.1.16

These TOD provisions will also be made applicable to other MRTS projects such as BRTS. The scale of FSI availability will be notified later by the Government for such other projects. 

14.2.2 Pune Metropolitan Region Development Authority area

For this area, the regulations specified in Regulation No.14.2.1 are applicable mutatis – mutandis.

14.2.3 For Nagpur Municipal Corporation and Nagpur Metropolitan Region Development Authority

The following Regulations are applicable for the Development/Redevelopment of buildings falling within the Nagpur Metro Rail Corridor (NMRC)

i) Definitions

a) Nagpur Metro Rail Corridor (NMRC) - It is an area falling within 500 m. distance on

either side of the Nagpur Metro Rail measured from its Centre line and also includes the area falling within 500 m. distance from the longitudinal end of the last Metro Railway Station. This regulation is also applicable to all the Planning Authorities from where the Metro Rail is passing through.

b) Base permissible FSI— It is the FSI that is otherwise permissible on any land with respect to the zone shown as per the sanctioned development plan and the relevant provision of the Principal DCR, excluding the TDR and the premium FSI, redevelopment incentive FSI that can be received.

c) Gross plot area - Gross Plot Area means total area of land after deducting area under reservation or deemed reservation like amenity space if any, area under D.P. Road and Road widening.

ii) Maximum Permissible FSI

The maximum permissible total FSI in NMRC shall be 4.00 including the basic permissible FSI, subject to the condition that, the additional FSI over and above the basic permissible FSI shall be allowed within the overall limit of maximum permissible FSI, as given in the Table No.14-O below :-

Explanation:-

1) The maximum permissible FSI as per the above Table shall be determined by satisfaction of both the criterias viz. Minimum Road width as well as plot area, simultaneously. However in case, both these criteria are not satisfied simultaneously, the maximum permissible FSI shall be the minimum of that permissible against each of these two criteria, as illustrated below.

2) The land owner/Developer shall not have the option to use TDR in NMRC.

Illustrations:- 

a) Premium to be Paid

Additional FSI over and above basic permissible FSI of respective land use zones as mentioned in Chapter 6 may be permitted on the payment of premium as may be decided by the Govt. from time to time.

i) The additional FSI as prescribed in the Table under provision (ii) above, in case of development/redevelopment proposed in the NMRC with minimum tenement density per hectare of the gross plot area as given below.

Minimum Numbers of Tenements = Gross Plot Area x Maximum Proposed FSI for Residential use x 200 Tenement per Hector.

ii) However, subject to the provisions of regulation 14.2.3(iii) herein below, if the tenement density proposed is less than that stipulated under provision (ii)(a)(i), the premium to be paid in that event shall be the additional premium as may be decided by the Govt. from time to time and such premium shall be chargeable on the total additional FSI to be availed beyond the basic permissible FSI.

iii) For construction of buildings mentioned in Chapter 7, the rates of premium shall be as mentioned in the said Chapter.

b) Impact Assessment and Integrated Mobility Plan

Such additional FSI over and above the base permissible FSI, shall be granted by the Commissioner, Nagpur Municipal Corporation / Chairman, Nagpur Improvement Trust, and any Planning Authorities from where the Metro Rail is passing through after taking into account the Impact Assessment of the implementation of these regulations regarding the impact on the city and sector level infrastructure and amenities as well as traffic and environment on such NMRC.

Such Impact Assessment shall also contain measures to be undertaken to mitigate its likely impact and the Action Plan for implementation of such measures in a time-bound manner. It shall also contain an Integrated Mobility Plan envisaging therein inter-linkages between different modes of mass transport, parking management, traffic management, and pedestrianization.

c) The maximum permissible FSI as given in Table under Regulation No. (ii) above shall be calculated on the gross plot area.

d) In case of plot/plots falling partly within the NMRC, the FSI permissible shall be as follows, provided that the total area of the plot (plot falling within NMRC plus plot falling outside NMRC) shall be as prescribed in the table in Regulation No. (ii) above :-

(i) Where 50% or more area of such plot/plots falls within NMRC, these regulations including FSI shall apply to the total area of such plot/plots.

(ii) Where less than 50% area of such plot/plots falls within NMRC, these regulations including FSI shall be applicable to the part of plot/plots falling within NMRC, whereas for the part of plot / plots falling outside NMRC, these regulations except provisions regarding FSI shall be applicable. The FSI permissible for the part falling outside NMRC shall be as mentioned in Chapter 6.

Moreover, the owner shall have the option of either opting for UDCPR provisions in toto or opting for TOD regulations in toto. In case, the owner opts for development as per UDCPR provisions, then he may be allowed to utilize FSI as per TOD regulations over and above the maximum potential mentioned in Table 6-A or 6-G.

e) Notwithstanding anything contained in any other provisions of these regulations, TDR shall not be allowed to be received on the plots within NMRC, irrespective of its location in congested area/non-congested area as per the Sanction Development Plan of Nagpur.

iii) Permissible mixed use in NMRC :

Mixed use in the form of residential and commercial, fully commercial use may be permissible on the residential plot in NMRC fronting on the road width of 12.0 m. and above. Mix use on plot/plots in commercial zones of sanction Development Plan falling under NMRC shall be permissible as per these Development Control and Promotion Regulations and the FSI permissible as per his Regulation over and above as mentioned in Chapter 6 shall be allowed on the payment of premium, as per subject to Maximum building potential as mentioned in Regulation No.(ii) above.

iv) Other provisions regarding marginal open spaces shall be governed by the proposed height of the structure, as given in the provisions (v) below, and should conform to the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 (Maharashtra Act No.III of 2007), as amended from time to time. No building permission shall be issued without the NOC of the Fire Officer. Other regulations regarding room sizes, apertures for light, and ventilation shall be as per these Development Control and Promotion Regulations in force.

v) Marginal Spaces :

Note - 1. Maximum Side/Rear/Front Margin shall be 12.0 m however, if the Developer/Owners provide more than 12.0 m. side and rear margins it may be allowed.

Note - 2. The Municipal Commissioner may relax the side and rear marginal distances as per Regulation No.2.4 of UDCPR, subject to the following provisions.

A) If clear minimum marginal distance is proposed from one side as per these Regulation then other side marginal distance may be relaxed up to 50%.

B) Front margin relaxation to allow additional FSI may be granted subject to the condition that the Minimum road width shall be 12.0 m. and above.

Note - 3. In case semi-detached construction as per these regulations, common wall constructed is allowed and marginal distance shall be provided for other side as per these regulations.

(v)(a) No projections shall be allowed in one side marginal spaces as mentioned in Note No.2(A) above so that this marginal spaces remain free from all encumbrances for the movement of fire tenders. However open balconies may be allowed in the marginal spaces where concession as mentioned in Note No.2(A) above is allowed, after leaving minimum 3.0 m. distance from the plot boundaries, subject to Fire NOC.

In case if the ramp is necessary for accessibility, such a ramp may be allowed after living 6.0 m. clear margin. However, such a Ramp may be allowed in the side margin where relaxation is to be granted as per the provision mentioned in Note No.2(A) above subject to NOC of the Fire Department.

(v)b) For calculation of marginal distances, the height of the parking floors (Maximum two floors above the Ground Level) shall not be taken into account, However, the height of such parking floors will be counted towards the total height of the building for deciding the building as high rise building and for civil Aviation purpose.

(v)(c) Car lift/mechanical parking shall be permissible, as per these regulations as amended from time to time.

vi) Parking :

Parking in the NMRC shall be provided as per the table given below :-

Note :-

1) Parking spaces for differently-abled persons shall be provided as stipulated in these

regulations in each new construction/development /re-development in the NMRC.

2) On street parking shall not be permissible, unless specifically allowed in the impact assessment and mobility report.

(vi)(a) Incentive for providing Public Parking in the area falling within a radius of 200 m. from the Metro Station.

If the owner/developer of the plot falling within the radius of 200 m. from the Metro Station, is willing to provide Public Parking space over and above the parking spaces required as per the table given in Regulation No. (vi) above of this regulation, the same shall be allowed and in that case, the premium to be paid by such developer/owner as per Regulation No.14.2.3(ii)

(a) shall be reduced by the amount equal to the premium worked out for 25% of the area earmarked for such additional Public Parking space, subject to the following conditions:-

i) Such parking area shall be in the built-up form and shall be handed over to the Planning Authority free of cost before granting the Occupation Certificate to the project. The Planning Authority should enter into an agreement with the owner/developer for such parking space at the time of granting a Commencement Certificate to the project. Such a Public Parking area shall be clearly shown on the proposed building plan/layout and a condition to the above effect shall be incorporated in the Commencement Certificate.

ii) The parking area shall have independent access from the major road adjacent to the plot and with proper entry and exits.

iii) The parking area to be made available at the individual sites shall be at a minimum of 100 sq.m. at one place either on the Ground floor/Stilt floor or first floor.

iv) The maximum parking area that can be provided shall be decided by the Commissioner, Nagpur Municipal Corporation/the Chairman, Nagpur Improvement Trust, as the case may be, on considering the location of such site and the parking requirement.

v) A board showing the location of such public parking space should be displayed at suitable places by the Planning Authority.

vi) Area covered under such parking shall not be counted towards FSI consumption.

vii)  Concerned land owner/developer/society/public company shall not be allowed to operate the public parking.

viii)  The proposed development shall be further subject to such conditions as may be decided by the Municipal Commissioner/Chairman, NIT, as the case may be.

vii) In case of development or redevelopment, proposed by the Authority / individual applicant/any other Planning Authority, from the edge of the Metro Rail, within 10.0 m. distance from the Metro Rail, on its either side, the concerned Planning Authority i.e. Nagpur Improvement Trust / Nagpur Municipal Corporation before granting such permission for development/redevelopment shall seek prior NOC from the Nagpur Metro Railway Corporation Ltd as required under the Metro Railways (Construction of Works) Act, 1978 from the point of view of safety of the Metro Railway and such other related matters.

viii) The provisions of these UDCPR shall be applicable except, express provisions of these TOD regulations. However in case of any conflict between TOD Regulations and any other Regulation/s of UDCPR, TOD Regulations shall prevail for the NMRC.

ix) No Compound wall/fencing shall be permissible on the boundary of plot facing the road and 50% front marginal distance (subject to minimum and maximum of 3.0 m.) shall be kept accessible and to be used as foot paths for pedestrians. However, it shall be permissible for the applicant to construct/erect fencing, on the boundary, after leaving the space for pedestrians as specified above.

However for the plots situated on 9.0 m., 12.0 m. & 15.0 m., wide Roads having 100% residential use therefore, the above rule shall not be made applicable.

a) Large wholesale stores, auto dealer showrooms, warehouses/storages, auto service centres, Garages etc. shall not be permissible in NMRC.

b) Provision of Inclusive housing shall not be applicable in NMRC.

c) For Gunthewari development regularized under the provisions of Maharashtra Gunthewari Development Act, 2001 and falling in NMRC, seeking provisions for Development/redevelopment, these regulations shall apply.

d) The width of the passage shall be a minimum of 1.2 m. for residential use & 2.0 m. for

commercial use.

e) The above regulation shall be applicable to all the buildings (i.e. newly proposed buildings as well as old buildings for utilization of FSI) in TOD.

f) In case of a redevelopment scheme, the size of the tenement can be relaxed for the Rehab Component subject to other provisions of the UDCPR. However, the TOD Regulation shall be made applicable for the free sale component.

g) In case of an independent unit/Bungalow for self-use, such Development/Redevelopment may be allowed within base FSI subject to UDCPR.

h) The layout of the building/group housing layout or standalone building on a plot/plots situated in NMRC over which construction is started and for which occupancy certificate is not granted may be revised and balance potential if any may be allowed as per the above provisions subject to following :-

Marginal Distance – The existing marginal distances including the front margin may be allowed for higher floor/floors and necessary relaxation to that extent may be granted by the Municipal Commissioner subject to compliance with all fire requirements and fire NOCs by charging hardship premium. The hardship premium is to be decided by the Municipal Commissioner. In any case sanctioned existing marginal/front margin distance shall not be reduced.

14.2.4 For other Municipal Corporations and other Metropolitan Region Development Authority (1) and CIDCO area

For these areas, the regulations specified in Regulation No.14.2.1 shall be applicable.

14.2.5 Regulations for BRT Corridor in Pimpri-Chinchwad Municipal Corporation.

The Regulations for development along the BRT corridor in the Pimpri-Chinchwad Municipal Corporation area sanctioned vide Government Notification No.TPS-1812/737/12/CR-506/ 13/Reconstruction No.110/UD-13, dated 03/03/2010 and amended from time to time, shall be applicable with the following modifications.

FSI receiving or development potential of the plot shall be as below

Related Regulations

You can visit our other blogs related to Regulations 14 through the below-mentioned links:

Integrated Logistic Park (ILP) in UDCPR 2020

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

Development of Tourism and Hospitality Services under Community Nature Conservancy around Wild Life Sanctuaries and National Park in UDCPR 2020

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

Slum Rehabilitation for Pune, PCMC, PCNTDA, and Nagpur in UDCPR 2020

Urban Renewal Scheme in UDCPR 2020

Conservation of Heritage Buildings, Precints, Natural Features in UDCPR 2020

Pradhan Mantri Awas Yojana in UDCPR 2020

Integrated Information Technology Township (IITP) in UDCPR 2020

Affordable Housing Scheme in UDCPR 2020

Integrated Township Project (ITP) 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. 12.5 Water Supply, Drainage and Sanitary Requirements

1) The planning, design, construction, and installation of water supply, drainage and sanitation, and gas supply systems shall be in accordance with the provisions of Part-9 - Plumbing Services, Section-1 - Water Supply, Drainage and Sanitation, Section-2 - Gas supply of National Building Code of India as amended from time to time.

2) Requirements of Water Supply in Building.

The total requirements of water supply shall be calculated based on the population as given below :-

3) The requirements of water supply for various occupancies shall be as given in Table No.12-A and Table No.12-B or as specified by the Authority from time to time.

The value in parenthesis is for stations where bathing facilities are not provided.

Note : The number of persons for Sr.No.(10) to (13) shall be determined by the average number of passengers, handled by the station daily; due consideration may be given to the staff and workers likely to use the facilities.

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

Drainage and Sanitation 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

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)

1. In general language FSI means permissible built up area on any plot. It is calculated by dividing Built up area by Plot Area.
2. FSI = built up area/Plot area.
3. 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)
4. Ducts, Parking floor, basement, architectural treatment are not considered while calculating FSI.
5. 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

1. 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.
2. Generally we have to leave 10% of total plot area for any building or layout permission.
3. Depending upon by-laws smaller plots, gunthewari plots, N.A. plots do not require open space area.

 Amenity space

1. Generally for plot above 1 acre require 15% amenity space.
2. Amenity space is a space to be left for government for planning various public amenities like school, hospital library, fire stations, police chowki etc.
3. 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)
4. N.A. plots and smaller plots do not require amenity space.

 Paid FSI (Fungible FSI)

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

 TDR (Transferable development rights)

1. 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.
2. Buyer of TDR can do extra construction on his land.
3. 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

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

 Carpet area

1. 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…
2. But After RERA (Real Estate Regulatory Act 2016) have modified carpet area concept a bit.
3. According to RERA, carpet area include following things
4. Room Area
5. Internal wall area (wall between 2 rooms of same apartment)
6. Dry balcony area (separately mentioned)
7. Enclosed Balcony area (separately shown if any)
8. 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

1. 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 –
2. 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.
3. For buyer / user – It is usable construction area which includes parking, floor area, but excluding footing & foundation area.
4. 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)

1. 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.
2. A copy of land conversion is called as NA order.
3. For NA land zone plays important role. (Agriculture, industrial , residential)
4. Depend upon zone NA can be done. Eg – Industrial NA, farmhouse NA, residential NA, commercial NA.
5. NA and R-zone are commonly misunderstood.
6. In simple words, NA is procedure to change tax on any land due to change in use of land.
7. NA land not necessary to be residential land all time, and similarly residential land not necessarily to be NA land.
8. 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

https://foot2feet.com/blog/types-of-land-zone-its-benefits/

Residential zones – R1 / R2

1. Residential Zone R1 includes Residential plots abutting on roads below 9 m. in congested area and below 12 m. width in outside congested area
2. 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

UDCPR 2020 Chapter 7 is all about Higher FSI for Certain Uses 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. 7.2 Entitlement of FSI for Road Widening or Construction of New Roads/Surrender of Reserved Land

The Authority may permit on the same plot, additional FSI of the area required for road widening or for construction of a new road proposed under the Development Plan/Regional Plan/Planning Proposal, and also service road proposed to NH/SH/MDR/ODR whether shown on plan or not, if the owner (including the lessee) of such land surrenders such land without claiming any monetary compensation in lieu thereof and hands over the same free from encumbrances to the satisfaction of the Authority. FSI generated against the surrender of land, shall be in proportion to the provisions mentioned in Regulation of TDR and may be utilized on the remaining land within the building potential mentioned in Table 6-A, 6-G, and 6-H of Regulation No.6.1, 6.3 and 6.4 respectively, whichever is applicable. If desired by the owner, TDR, wherever applicable, may be granted against such surrendered land instead of utilizing FSI on the remaining land. Such TDR shall be allowed to be utilized as a Development Right in accordance with the provisions regulating the Transfer of Development Rights (TDR). Thereafter, the road shall be transferred in the city survey records/revenue records in the name of the Authority and shall vest in it becoming part of a public street.

Provided further that, this concession shall not be granted in respect of:-

a) Roads in the areas of the Town Planning Scheme are the proposals for the scheme.

b) Cases mentioned in the provision of TDR as mentioned in Regulation No.11.2.3.

Related Regulations to Rule No. 7

Rule No. 7.0 in UDCPR 2020

Development and Redevelopment Of Staff Quarters Of the State Government or Its Statuary Bodies or Planning Authority in UDCPR 2020

Development and Redevelopment of Housing Schemes of Maharashtra Housing Area Development Authority in UDCPR 2020

Redevelopment of Existing Buildings in UDCPR 2020

Development of Housing for EWS and LIG in UDCPR 2020

Regulations for Development of Information Technology Establishment, Data Centers in UDCPR 2020

Regulation for Development of Biotechnology Parks in UDCPR 2020

Incentive for Green Buildings in UDCPR 2020

Buildings of Smart Fin Tech Centre in UDCPR 2020

Commercial Buildings in CBD, Commercial, Residential Zone in Planning Authorities Areas in UDCPR 2020