Looking for Building Permissions?


Legal Services Building Permissions

What is the Location of Project? *

Top Recommended Partners

as on July 17, 2024

Jineet V Jadhav

Pune, Maharashtra 411033

Experts In:Building Permissions  

Working Hours: 08 AM to 9 PM

snehal shinde

Pune, Maharashtra 411033

Experts In:Architect ,   Interior Designer ,   Building Permissions  

Working Hours: 08 AM to 9 PM

Thane Municipal Corporation Area in UDCPR 2020

UDCPR 2020 Chapter 9 is all about the City Specific Regulations 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. 10.2 Thane Municipal Corporation Area 

 

10.2.1 Development along Ram Maruti Road and Gokhale Road

 

i)  In the case of plots fronting on Ram Maruti Road, only the ground floor of the structure shall be set back by 3.05 m. from the road line and the rest of the floors shall be set back at a distance of 4.5 m. The front terrace so formed shall be allowed to be accessible.

 

ii)  In case of any plot fronting on Gokhale Road, from the portion between Ashok Talkies and its junction with M.G. Road, the ground floor of the building shall be set back by 2.3 m. from the road line and the upper floors shall be set back at a distance of 4.5 m. subject to the condition that the owner of the plot shall pave the front open space. The front terrace so formed shall be allowed to be accessible.

 

10.2.2 Setbacks from Eastern Express Highway and Roads more than 52.5 m. in width

 

No construction of building shall be undertaken within 7.5 m. from the boundary of the Eastern Express Highway and other roads having a prescribed width of more than 52.5 m.

 

10.2.3 a) Development of a Multi Storey Public Parking Lot (PPL) near Metro Stations

 

For the development of Multi-storied PPL on any plot abutting a road with a minimum width of 18.0 m., additional FSI ( hereinafter referred to as “Incentive FSI” ) as specified below on built-up parking area, created and handed over to the Thane Municipal Corporation (TMC) free of cost with amenities required for parking area as prescribed by the Commissioner such PPL shall be allowed, on the land belonging to a private owner/Leasehold plots of Govt. and TMC with prior consent, which is not reserved for any public purpose, subject to the conditions contained herein below :

 

I. The minimum area of the plot shall be 1000 sq.m. in sectors - 1, 2, 3 and 2000 sq.m. in remaining sectors. The minimum number of Motor Vehicle public parking spaces provided shall not be less than 50. The location of parking spaces can be in 2 level basement, ground floor or upper 2 floors maximum, with access through a ramp/lift or combination of both subject to clearance from the CFO with special emphasis on fire hazard.

 

II. A Committee under the Chairmanship of the Municipal Commissioner, TMC shall earmark/select the plots for public parking, on the basis of their suitability. 

 

The Committee shall comprise the following or their representatives 

(i) Metropolitan Commissioner, MMRDA

(ii) Dy. Commissioner of Police (Traffic)

(iii) Joint Director of Town Planning, Konkan Division

(iv) Assistant Director of Town Planning, TMC (Member Secretary)

 

III. The incentive FSI given on this account will be over and above the base FSI permissible under any other provisions of UDCPR. This incentive FSI shall be allowed to be used on the same plot in conformity with UDCPR/D.P, within the overall cap/limit of total maximum permissible FSI as given at (vii) below.

 

IV. The proposed development shall be subject to any other conditions prescribed by the Municipal Commissioner.

 

V. Concerned land owners/developers/society/company shall not be allowed to operate the public parking lot.

 

VI. The area covered under parking shall not be counted towards FSI consumption.

 

VII. The incentive FSI permissible under this Regulation against BUA of the PPL shall be 50% of the BUA of the PPL, such that the total permissible FSI including the incentive FSI under this Regulation does not exceed the limit as per Regulation 6.3.

 

VIII. The maximum cap on BUA per parking shall be 50 sq.m. for LMVs, 65 sq.m. for LCVs and 120 sq.m. for HMVs/Buses. Incentive FSI shall be calculated as per the BUA of the PPL, based on these norms or the actual BUA of the PPL, whichever is less.

 

IX. The developer of the PPL shall pay a ‘premium’, worked out as per the following formula :-

 

Premium = 60% of [Value of the additional BUA corresponding to the incentive FSI admissible under this Regulation, as per A.S.R. - (Cost of construction of PPL + cost of any extra amenities/facilities provided + cost of construction of BUA corresponding to the incentive F.S.I. admissible under this Regulation)]

 

For the purpose of calculating the premium as above, the cost of construction of PPL including amenities/facilities and the cost of construction of BUA corresponding to the Incentive FSI admissible under this Regulation shall be 75% and 125% respectively of the rate of RCC construction as per ASR.

 

X. The Premium shall be paid before the issuance of building permission for the incentive FSI admissible under this Regulation.

 

Upon Payment of 100% premium as aforesaid, building permission shall be issued in respect of 50% of incentive FSI. In no case, Incentive FSI be released without handing over of the PPL, complete in all respects, to TMC.

 

The year in which the premium is paid before the issuance of building permission for the PPL shall be taken as the year for determination of construction cost as well as ASR for calculation of the premium. Out of the total premium payable, 50% shall be paid to the GoM and the remaining 50% to TMC.

 

Provision of this Regulation may also be applicable to leasehold plots of Govt. and TMC with prior approval from the Government/Municipal Corporation.

 

XI. The land owner/developer /society/company shall hand over PPL with a separate entrance and exit for the dedicated use of TMC by way of a registered conveyance deed. Such PPL will not be part of the proposed society/apartment/owners association.

 

XII. The PPL shall not be permissible in combination with other regulations.

 

XIII. Public Parking shall be developed in independent buildings as far as possible, but it may be permissible in composite buildings subject to compliance with these regulations.

 

XIV. The Commissioner may hand over such PPL to any agency to transparent bidding procedures for its operations and maintenance upon such terms and conditions as deemed fit and proper. However, in any condition, such PPL shall not be allotted to concerned land owners/housing society/association of apartment owners of occupiers in the plot of PPL.

 

XV. No public parking lots shall generally be more than 500 vehicles. However, in exceptional cases, the Commissioner may permit PPL for 1000 vehicles for the reasons to be recorded in writing.

 

XVI. PPL connectivity to the nearest station of Local/Mono/Metro/BRTS etc. may also be insisted if the proposed PPL is within 250 m. by skywalk and underground connectivity within 100 m. These areas shall also be counted for giving incentive FSI and shall not be included in calculating the limits of vehicles.

 

XVII. For every sector Commissioner shall endeavour to evaluate the total need of PPL and shall cause it to be declared in the local newspaper within three months of promulgation of these regulations for every 5 years. Total PPL sanctioned in any sector shall not increase beyond that for the next 5 years. PPL shall be allowed only after studying traffic impact analysis of the area with the periphery of 250 m. of PPL.

 

10.2.4 Development around Hazardous Industries (Chemical Zone Areas)

 

a) Green Belt -


i) There shall be a green belt of 100 m. around the boundary of the Hazardous Chemical Industries as shown on the plan attached with the report of authority.


ii) The creation of the green belt, its development and maintenance as per the report of authority will be the responsibility of the Municipal Corporation.


iii) The cost of acquisition of land for the green belt, around the Hazardous Chemical Industries will be borne by the Industry/Industry Association. The private land owner will be given a Transfer of Development Rights based on FSI for the present land usage. The cost of acquisition to be borne by industry will be exclusive of the value of TDR.


iv) The existing authorised structures should be tolerated. However, only repairs to such existing structures should be allowed in future and no reconstruction or new construction should be allowed in the Green Belt.


v) Unauthorised structures should be removed or relocated by the Thane Municipal Corporation as per the existing Public Policy.


b) Creation of Low-Density Zone -


i) Beyond the Green Belt, another belt of 150 m. should be created as a "Low Density Zone" as shown on the plan, attached with the report of the Authority.


ii) The FSI in the Low Density Zone shall be 0.5 and only Ground plus two-storey structures should be allowed.


iii) The existing buildings if already authorised with the higher FSI and plan of the proposed building already approved by the Thane Municipal Corporation and Commencement Certificate have been given to such structure should be allowed to continue, be completed and occupied by the issuing Occupation Certificate. Where the plans have been approved by the Thane Municipal Corporation but commencement certificates have not been issued, they should be reviewed and the permission should be revised in accordance with the Low-Density Zone Regulation, now be prescribed.


iv) The development proposals in Low Density Zone shall be scrutinised and permission shall be granted as per these UDCPR.

 

c) Development between 250 and 1000 Meters -

 

The Development proposals beyond the area of 250 m. shall be scrutinised and permissions shall be granted as per these UDCPR.

 

d) Other Stipulations -

 

i) The original land under the Chemical Industry, which has been certified by the Director of Industries/Director of Industrial Safety and Health/Competent Authority as permanently closed or having shifted elsewhere shall be allowed to be developed as per the relevant provisions in the prevailing Development Control Regulations.

 

ii) Upon certification by the Director of Industries/Director of Industrial Safety and Health/Competent Authority that the Chemical Industry has been permanently closed or has shifted elsewhere, the 100 m. Green Belt and the further 150 m. the low-density belt around the plot boundary of such Chemical Industry shall suo-moto cease to exist.

 

10.2.5  Development around Air Force Stations

 

i)  As per Government of India, MoD, SRO.No.4, dated 13th January, 2010 which was published in Part - II, Section - 4 of Gazette Notification dated 23rd January, 2010. Air Force Station Thane falls within the 100 m. restriction zone. As per the notification, no construction should be permitted within the restricted zone of 100 m. from the outer parapet of the Air Force boundary. Similarly, live hedges, trees/rows or clumps of trees or orchards shall not be maintained, planted, added to or altered within the 100 m. restricted zone. The restriction is equally applicable for the construction of underground structures, wherein no digging and/or change in the level of ground is permitted within the notified zone.

 

ii)  Beyond the notified zone of 100 m., no restriction is required to be imposed as per the Works of Defence Act 1903 and no N.O.C. from Air Force Station, Thane is necessary.

 

10.2.6  Development Around Defence Establishment

 

Following restrictions are imposed in and around the land in the vicinity of the said unit as per the plan enclosed with Notification No.TPS-1203/1254/C.R.193/05/UD-12, Dt.30/12/2006.

Village : Kolshet / Kavesar / Waghbil (within the limit of Thane Corporation) Circle / Taluka : Thane, District : Thane, State: Maharashtra.


Height Restrictions :-

 

(a) The height restrictions to any of the future constructions on the North, North-West, West and South-West sides will be as follows :-

 

Sr. No.Height Limiting zones from unit boundary (Zones indicated by colours)Permissible height in metersRemarks
ARedNil

Unit Area

BBrownNil

Buffer Zone (No Dev. Zone)

COrange18-
DPink27-
ENavy Blue32-
FYellow46-
GViolet64-
HGreen84-

 

(b) The height restrictions to any of the future constructions on the North East, East and South- East -sides will be as follows :-

 

Sr. No.Height Limiting zones from unit boundary (Zones indicated by colours)Permissible height in metersRemarks
ARedNil

Unit Area

BBrownNil

Buffer Zone (No Dev. Zone) 

COrange15-
DPink20-
EYellow35-
FViolet40-
GSky Blue45-

 

Other Restrictions :- In addition to the above restrictions, the following general restrictions are also enforced :-


a) No high-tension power line up to 22 KV is to be set within 1500 meters from the unit boundary.


b) Open wires, overhead lines, and telephone cables are to be outside 500 meters from the unit boundary. However, UG cables. (below 5 meters) are permissible.


c) No rail line with electric traction is permitted within two kilometres of the unit.


d) Area within a kilometre radius from the unit boundary is to be clear of all metallic structures including bridges.


e) Ground water level is to remain constant. No efforts are to be made to change the electrical conductivity of the designated zone.


f) No industry/equipment, that generates any kind of RG noise, is permitted to operate within 1 km. Radius from the unit boundary.


10.2.7 Regulations for G-1 Zone (Yeur village Section - VII only)


The following uses shall be permitted in the G - 1 Zone.


The residential Buildings on the lands that are actually under cultivation and the holiday homes for weekend stays and the Rest Houses are subject to the following conditions :-


1) The plot to be permitted for such development shall be not less than 4000 sq.m. with the
maximum FSI of 0.025.


2) Each building is to be not more than ground plus one storey with a height not exceeding 9.75 m, including the height of the stilt portion if any, subject to a maximum built-up area of 100 sq.m. excluding stilt.


3) To permit Club House, open playgrounds and other recreational purposes as normally
permissible under green zones with permissible FSI as per these Regulations.


4) To insist on plantation at the rate of two fast-growing trees per 100 sq.m. of land under development.

 

10.2.8  Regulations for G - 3 Zone for Forest Area

 

No development of any sort shall be allowed in this zone except the project of the Forest Department. In case of pockets of private lands in G - 3 zone, development shall be permitted as per the provisions of Green Zone/as per the provisions of G - 1/G - 2 Zone subject to the concurrence of the Forest Department.

 

10.2.9

 

For the sake of Regulations No.1.3.74, No.1.3.93 (xiv)(i) and No.6.2.3(b) High Rise Building/Special Building means any multi-storied Residential Building, which is under redevelopment, and which is more than 25.0 m. in height above average surrounding ground level.

 

10.2.10 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.

 

Redevelopment of multi-dwelling buildings of society/Co-Operative Housing Societies/Apartments -

 

i)  The FSI allowed for redevelopment of such building shall be FSI permissible under Regulation No.6.1 or 6.3 including FSI on payment of premium and maximum permissible TDR loading as per Table 6-A or 6-G, or the FSI consumed by the existing authorized building including TDR, premium FSI etc., whichever is more. (Such TDR, Premium FSI etc. utilized in existing building shall be treated as a basic FSI for redevelopment.) In addition to this, incentive FSI to the extent of 50% of the existing authorized built-up area or 15 sq.m. per tenement, whichever is more, shall be allowed. Provided that 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 to 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.

 

Such incentive FSI shall not be applicable for the redevelopment of the existing bungalow.

 

ii)  This regulation shall be applicable only when existing members of the societies are

proposed to be re-accommodated.

 

iii)  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 the existing authorized built-up area of the existing tenanted building on the plot shall be developed as per Regulation No.7.6.2. and the remainder of the notional plot shall be developed as per this regulation.

 

iv)  Notes below Regulation No.7.6 shall be applicable to this regulation.

 

10.2.11  Height of Building Permissible for Re-development Proposals/SRA Proposals

 

For all re-development proposals and slum-rehabilitation schemes in the Municipal Corporation area, the building height is up to 70.0 m. shall be permissible on roads having a width between 9.0 to 12.0 m. subject to the minimum front margin as per these regulations or minimum 6.0 m., whichever is less and subject to the condition that such road shall be widened to 12.0 m. under the provisions of the Municipal Corporation Act, by prescribing line of street before granting occupation certificate to such buildings of re-development or slum-rehabilitation schemes. This shall be subject to Fire prevention, protection and life safety requirements and Fire N.O.C. from the Chief Fire Officer.

 

10.2.12 Podium


Podium for parking along with ramp may be permitted with a side and rear marginal distance of 1.5 m. from the plot boundary, subject to the following conditions :-

 

a) The top of the Podium shall be accessible for the Fire Engine by 7.5 m. Ramp with gradient 1 : 10.

 

b) Structural Stability Certificate regarding such Podium and Ramp shall be submitted with respect to standing Fire Engine over it & sustain the load of Fire Engine.

 

c) Minimum 6.0 m. marginal distances with the required turning circle over the Podium shall be provided for maneuvering of the Fire Engine.

 

Provided that, if the podium is not accessible for the Fire Engine then 6.0 m. marginal open space shall be provided all around the building excluding the front margin. The turning circle shall not be less than 9.0 m. The refuge area in such cases shall face facing front road and shall be connected to the Fire Tower as per Clause 2.24 of Part - 4 of NBC 2016.

 

d) Provisions mentioned in Regulation No.9.13 shall be applicable except (ii).

 

10.2.13

 

Front Marginal Distances/Set-back/Roadside margin/s in congested area - minimum front marginal distance for buildings under re-development proposal shall be 1.5 m. for roads having width 6.0 m. or more.

 

10.2.14 

 

Off-street parking requirement - For Redevelopment Projects in the Thane Municipal Corporation area, the multiplying factor for off-street parking requirement as per Regulation No.8.2.2 shall be 0.8.

 

10.2.15 

 

For Redevelopment of smaller plots having an area of up to 1500 sq.m. with multistoried buildings up to 24.0 m. height plus height of parking up to 6.0 m., side/rear margin of 6.0 m. shall be relaxed up to 3.0 m. subject to Fire N.O.C., in case of bonafide hardship and such building shall not be considered as special building.

 

(b) Other provisions mentioned in Regulation No.6.2.3 shall be applicable.

 

Related Regulations to Rule No. 10

 

Special Rules for Pune City in UDCPR 2020

 

Special Rules for Nagpur City and Nagpur Metropolitan Region Development Authority in UDCPR 2020

 

Nashik Municipal Corporation in UDCPR 2020

 

Vasai Virar City Municipal Corporation in UDCPR 2020

 

Kolhapur Municipal Corporation in UDCPR 2020

 

Navi Mumbai Municipal Corporation in UDCPR 2020

 

Bhiwandi Surrounding Notified Area in UDCPR 2020

 

CIDCO Area Excluding Naina Area in UDCPR 2020

 

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

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

 

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

 

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

 

Rule No. 6.3 Permissible FSI

 

Permissible basic FSI, additional FSI on payment of premium, Permissible TDR Loading on a plot in a non-congested area for Residential and Residential with mixed uses and other buildings in developable zones like residential, commercial, public-semi-public, etc. shall be as given in Table 6-G below :-

 

Table 6-G 

Sr. No.Road width in metersBasic FSIFor all Municipal Corporations (2) CIDCO as Planning Authority by Virtue of NTDAFor remaining Authorities/Areas
   FSI on payment of premiumMaximum permissible TDR loadingMaximum building potential on plot, including in-situ FSIFSI on payment of premiumMaximum permissible TDR loadingMaximum building potential on plot, including in-situ FSI
123456789
1Below 9.0 m.1.10----1.10----1.10
29.0 m. and above but below 12.0 m.1.100.500.402.000.300.301.70
312.0 m. and above but below 15.0 m.1.100.500.652.250.300.602.00
415.0 m. and above but below 24.0 m.1.100.500.902.500.300.702.10
524.0 m. and above but below 30.0 m.1.100.501.152.750.300.902.30
630.0 m. and above1.100.501.403.000.301.102.50

 

Note –

 

i)  In addition to the above, ancillary area FSI up to the extent of 60% of the proposed FSI in the development permission (including Basic FSI, Premium FSI, and TDR but excluding the area covered in Regulation No.6.8) shall be allowed with the payment of premium as specified in Regulation No.6.1.1.This shall be applicable to all buildings in all zones.


Provided that in case of non-residential use, the extent of ancillary area FSI shall be up to 80%. No separate calculation shall be required to be done for this ancillary area FSI. The entire FSI in the development permission shall be calculated and shall be measured with reference to permissible FSI, premium FSI, TDR, and additional FSI including ancillary area FSI added therein.

Provided further that, this ancillary area FSI shall be applicable to all other schemes like TOD, PMAY, ITP, IT, MHADA, etc., except 

 

Rehabilitation component in SRA. In the result, free of FSI items in the said schemes, if any, other than those mentioned in UDCPR, shall stand deleted.

 

ii)  The column of TDR shall not be applicable for the area, where there is no Planning Authority, and accordingly, values in subsequent columns shall stand modified.

 

iii)  The maximum permissible limits of FSI specified in the Table above, may be allowed to be exceeded in cases mentioned in Chapter 7, where higher FSI is permissible over and above the limit specified in the above table.

 

iv)  Maximum permissible building potential on plot mentioned under column No.6 or 9 shall be exclusive of FSI allowed for Inclusive Housing as per Regulation No.3.8. There is no priority fixed to utilize premium FSI or TDR as mentioned in Column No.4, 5 and 7, 8. (1) However the Authority, considering the local situation, may allow utilization of premium FSI and TDR, in equal proportion of permissible premium FSI and TDR mentioned in column No.4, 5 and 7, 8. (e.g. if out of premium FSI mentioned in column No.4 & 7, 40% is proposed to be utilized then out of TDR mentioned in column No.5 & 8, 40% TDR shall also be utilized.) In such cases the Authority shall issue written, well-reasoned speaking orders to that effect. Other conditions of TDR utilization shall be applicable as per the TDR Regulations No.11.2. In respect of service roads, shown on the development plan or in the approved layout, or plots facing on a major road, however deriving access from other roads, the width of highway or major road shall be considered for entitlement of building potential as per column 6 or 9 of the above table, as the case may be.

 

v)  Out of the quantum of TDR mentioned in Column No.5 or 8 minimum 30% and subject to a maximum 50% of TDR shall be utilized out of the TDR generated from Slum Rehabilitation Scheme (Slum TDR) / Urban Renewal TDR / (2) TDR generated from the area of notified URP as per Regulation No.14.8.8(iv)(c)(i) / Amenity construction TDR (till generation of URT). If such TDR is not available, then other TDR may be used.

 

vi)  The restrictions of road width mentioned above shall not be applicable in cases where, the permissible FSI is more than the basic FSI in various schemes such as slum rehabilitation schemes, redevelopment of dangerous buildings, cluster development for the congested (core) area, redevelopment of MHADA buildings, TOD, etc. in such scheme, regulations of the respective scheme shall be applicable. (3) However, for special buildings, as mentioned in Regulation No.1.3(93)(xiv), provisions mentioned in Regulation No.3.3.9 shall be applicable.

vii)  The maximum limits of FSI prescribed above shall be applicable to (a) fresh permission (viz. Green-field development (i.e., building on a vacant plot of land) and brown-field development (i.e., cases of addition to an existing building where a permissible FSI has not been exhausted.) and also to (b) an existing building that has not been granted full occupation certificate. The cases of existing buildings shall be subject to the production of a stability certificate from the structural engineer.

 

viii) Premium - The rate of premium for the premium F.S.I., as mentioned in Columns No.4 and 7 above shall be 35% of the rate of the said land mentioned in the Annual Statement of Rates without considering the guidelines therein. Apportionment of such amount between Authority and Government shall be as decided by Government from time to time. The government premium, if to be paid, shall be deposited by the Authority in the specified head of government account. In the area of Regional Plans, the entire premium shall be paid to the Government through the District offices of the Town Planning and Valuation Department.

 

ix)  Basic FSI and premium FSI for unauthorisedly subdivided plots having an area of up to 0.4 ha. Shall be (2) 75% of the quantum mentioned in columns No.3, 4 & 7, and the TDR shall be to the extent of 50% of the quantum mentioned in columns No.5 & 8. This provision shall be subject to provisions in Regulation No.3.4.1(i)(a) and (c), wherein the plot shall be entitled for full potential.

 

x)  The utilization of TDR mentioned in the above table would be available to an existing road width of 9.0 m. and above so marked under the relevant Act.

 

xi) For plots regularised under the Maharashtra Gunthewari Development (Regularisation, Upgradation, and Control) Act 2001, these regulations shall apply, and allowance of TDR in columns No.5 and 8 shall be to the extent of 50%. This shall also be applicable for cases mentioned in Regulation No.3.4.1(i)(b).

 

xii) In case plots have an approach by a dead-end road, (point access), the potential of the plot mentioned in the above table shall be permissible if the length of such access road does not exceed 100 m.

 

xiii) If the strip of land/plot adjacent to the road is surrendered by the owner to the authority for road widening, then the benefit of a widened road in terms of building potential, and permissible height shall be granted subject to the condition that such road widening shall result in widening of road from junction of roads (or origin of road) to junction of roads (or T junction).

 

xiv) The entire area of a plot may be considered for calculating the potential of the plot in respect of 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 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.

 

xv) If any road of width less than 9.0 m. is proposed to be widened to 9.0 m. by the Authority under the provisions of the Municipal Corporation or Municipal Council Act, by prescribing the line of street considering 4.5 m. from the center line of the existing road and owner of the plot hands over such affected strip along such road to the authority, then he may be entitled to FSI and potentially applicable to 9.0 m. road. (2) This shall be applicable to roads in congested areas also.

 

Rule No. 6.5 FSI Of Green Belt

 

Basic FSI, along with the full potential of premium FSI and TDR of the green belt zone shown on the Development Plan/Regional Plan, may be allowed on the remaining land of the owner by counting the area of the green belt in the gross area of the plot subject to the condition that the area shall always be under tree cover. The owner shall plant trees in this area with proper planning at the rate of a minimum of 100 trees per hectare that should have survived for at least one year prior to issuance of the occupation certificate.

 

Rule No. 6.6 Calculation Of Built-Up Area For The Purposes Of FSI

 

An outer periphery of the construction floor-wise (P-line), including everything but excluding ducts, voids, and items in Regulation No. 6.8, shall be calculated for the purpose of computation of FSI. The open balcony, double-height terraces, and cupboard shall also be included in the P-line of a respective floor, irrespective of its use/function. If part of the stilt, podium, or basement is proposed for habitation purposes or for the construction that is counted in FSI, then such construction shall also be measured in the P-line in that respective floor.

 

 

Related Regulations to Rule No.6 - 

 

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

 

What are the Regulations for Height of Building in UDCPR 2020?

 

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

 

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

 

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

 

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

 

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

 

Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate 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 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. 2.2 Procedure for Obtaining Development Permission/Building Permission/Commencement Certificate

 

2.2.1 Notice/Application

 

Every person who intends to carry out development or redevelopment, erect or re-erect or make alterations in any place in a building or demolish any building, shall give notice/application in writing, through a registered Architect, Town Planner or Licensed Engineer/Supervisor, to the Authority of his said intention in the prescribed form (See Appendix AI or A2). It will be mandatory to submit complete information in the form accompanied with Appendix A-1 and A-2. Such notice shall be accompanied by the payment receipt of the required scrutiny fee and any other fee/charges prescribed by the Authority from time to time and the plans and statements in sufficient copies (See Regulation No.2.2.2), and as per the requirements under Regulation No. 2.2.2 to 2.2.1.9. One set of plans shall be retained in the office of the Authority for a record after the issue of permission or refusal. The plans may be submitted in electronic form as may be specified by the Authority from time to time. The Authority may set a date after which all submissions, approvals and communication in regard to development permission shall be online.

 

2.2.2 Information Accompanying Notice/Application

 

The Notice/Application shall be accompanied by the ownership title, key (location) plan, site plan, sub-division layout plan/ building plan, plans for services, specifications, and certificate of supervision, etc., as prescribed in these regulations. Ordinarily, four copies of plans and statements shall be made available along with the notice; however, the number of such copies required shall be as decided by the Authority.

 

2.2.3 Ownership title and area

 

Every application for development permission and commencement certificate shall be accompanied by the following documents for verifying the ownership and area, etc. of the land -

 

i) Latest 7/12 extracts or property register card of a date not earlier than six months before the date of submission of a development proposal, power of attorney, wherever applicable, or attested copy of lease deed of the concerned lessor authority, enabling ownership of the document. In the case of Ulhasnagar, a conveyance deed and/or sanad issued by the Revenue Authority may also be considered.

 

ii) Original measurement plan/city survey sheet of the land or lands under development proposal issued by the Land Record Department.

 

Provided that, where the City Survey of the whole Gaothan area is not done by the City Survey Department, in that case, the measurement plan authenticated by the Architect having signatures of adjacent plots/landholders may be acceptable.

 

iii) Statement of the area of the holding by triangulation method/CADD (Computer-Aided Design and Drafting Software) from the qualified licensed technical personnel or architect with an affidavit from the owner regarding the area in the form prescribed by the Authority.

 

iv) Any other document prescribed by the Authority.

 

v) In case of revised permission, wherever third party interest is created by way of registered agreement to sale or lease, etc. of the apartment, consent of such interested party/persons as specified under the RERA Act shall be submitted.

 

vi) A self-attested copy of sub-division/amalgamation/layout of land approved by the concerned authority, if any.

 

vii) In the case of land leased by the Government or Local Authorities, No Objection Certificate of Government or such Authorities shall be obtained if there is deviation from lease conditions and shall be attached to the application for development permission in respect of such land. Such No Objection Certificate shall also be necessary, where, the development proposal proposes to utilize FSI more than mentioned in the lease deed.

 

2.2.4 Key Plan or Location Plan

 

The key plan drawn to a scale of not less than 1:4000 shall be submitted along with the application for a Building Permit and Commencement Certificate showing the boundary locations of the site with respect to neighborhood landmarks or features within the radius of 200 m. from the site whichever is more.

 

2.2.5 

 

(a) Sub-division/Layout plan

 

In the case of the development of land, the notice shall be accompanied by the sub-division / layout plan which shall be drawn to a scale of not less than 1:500, however, for layout having areas 4.0 ha. and above, the plan shall be drawn at a scale of not less than 1:1000, containing the following :-

 

i) Scale including a graphical scale used and north point

 

ii) The location within the land of all proposed and existing roads with their existing/proposed widths and all the proposals of the Development Plan / Town Planning Scheme, if any

 

iii)  Dimension of plots

 

iv)  The location of drains, sewers, public facilities and services, electrical lines, Natural watercourses, water bodies and streams, etc.

 

v)  Table indicating size, area, and use of all plots in the sub-division/layout plan.

 

vi)  The statement indicating the total area of the site, area utilized under roads, recreational open spaces, playground, amenity space, and development plan reservation/roads, schools, shopping, and other public places along with their percentage with reference to the total area of the site proposed to be sub-divided/laid out.

 

vii)  In the case of plots that are sub-divided in built-up areas in addition to the above, the means of access to each sub-divided plot is from existing streets.

 

viii) Contour plan of the site, wherever necessary.

 

(b) Amalgamation Plan

 

Where two or more plots/holdings of the same or different owners are to be amalgamated, an amalgamation plan showing such amalgamation drawn to a scale of not less than 1:500 shall accompany the application. Instead of submitting a separate plan, such amalgamation may be allowed to be shown on the building/layout plan itself.

 

2.2.6  Site Plan

 

The site plan shall be submitted with an application for building permission drawn to a scale of 1:500 or more as may be decided by the Authority. This plan shall be based on the measurement plan duly authenticated by the appropriate officer of the Department of Land Records. This plan shall have the following details :-

 

i) Boundaries of the site and of any contiguous land belonging to the neighboring owners.

 

ii) Position of the site in relation to neighboring streets.

 

iii) Name of the street, if any, from which the building is proposed to derive access.

 

iv) All existing buildings contained in the site with their names (where the buildings are given names) and their property numbers.

 

v) Position of the building and of other buildings, if any, which the applicant intends to erect, upon his contiguous land referred to in (i) above.

 

vi) Boundaries of the site and, in a case where the site has been partitioned, boundaries of the portions owned by others.

 

vii) All adjacent streets, buildings (with a number of storey and heights), and premises within a distance of 12.0 m. of the work site and of the contiguous land (if any) referred to in (i). If there is no street within a distance of 12.0 m. of the site, the nearest existing street with its name.

 

viii) Means of access from the street to the building and to all other buildings (if any) which the applicant intends to erect upon.

 

ix) Space is to be left around the building to secure free circulation of air, admission of light, and access.

 

x) The width of the street (if any) in front and the street (if any) at the side or near of the building, including proposed roads.

 

xi) The direction of the north line relative to the plan of the building.

 

xii) Any existing physical features, such as wells, tanks, drains, pipelines, high tension lines, railway lines, trees, etc.

 

xiii) Overhead electric supply lines, if any, including space for electrical transformer/substation according to these Regulations or as per the requirements of the electric distribution company.

 

xiv) Any water course existing on-site or adjacent to the site.

 

xv)  Existing alignments of water supply and drainage lines.

 

xvi)  Such other particulars as may be prescribed by the Authority.

 

2.2.7  Building plan

 

The plans of the buildings and elevation and section to be sent with the application accompanying the notice shall be drawn to a scale of 1:100. The building plan shall :

 

i)  Include floor plans of all floors together with the built-up area clearly indicating the sizes of rooms and the position and width of the staircase, ramps and other exit ways, lift wells, lift machine room and lift pit details, meter room, and electric sub-station and also include a ground floor plan as well as basement plan and shall indicate the details of parking space and loading and unloading spaces provided around and within the building as also the access ways and the appurtenant open spaces with projections in dotted lines, distance from any building existing on the plot in figured dimensions along with the accessory building. These plans will also contain the details of FSI calculations.

 

ii) Show the statement of the carpet area of every apartment or any unit along with areas of balconies and double-height terraces, if any, attached to the said unit.

 

iii) Show the use or occupancy of all parts of the buildings.

 

iv) Show the exact location of essential services, such as water closet (W.C.), bath, sink and the like;

 

v) Include sectional drawings showing clearly the thickness of the basement wall, wall construction, size and spacing of framing members, floors, slabs, and roof slabs with the materials. The section shall indicate the height of the building, rooms and parapet, drainage, and slope of the roof. At least one section should be taken through the staircase.

 

vi) Show relative levels of street

 

vii) Give dimensions of the projected portion beyond the permissible building line.

 

viii) Include a terrace plan indicating the drainage and the slope of the roof.

 

ix) Give an indication of the north line relative to the plan

 

x) Details of parking spaces provided

 

xi) Give dimensions and details of doors, windows, and ventilators

 

xii) Give the area statement with a detailed calculation chart of each floor of the building or area as per the periphery line of construction (P-line) excluding ducts and voids.

 

xiii)  Show the pump rooms, rainwater harvesting system, and sewage treatment plant, if any.

 

xiv) Certificate of Structural Engineer about structural and earthquake safety in case of the building above G + 2 or stilt + 2 structure.

 

xv) Give such other particulars as may be required to explain the proposal clearly as prescribed by the Authority.

 

2.2.8 Building Plans for Special Buildings

 

The following additional information shall be furnished/indicated in the Building Plans in addition to the items (i) to (xv) of Regulation No.2.2.7;

 

a) Access to fire appliances/vehicles with details of vehicular turning circle and clear motorable access way around the building of a minimum of 6.0 m. width;

 

b) Size (width) of main and alternate staircases, wherever necessary, along with balcony approach, corridor, and ventilated lobby approach.

 

c) Location and details of lift enclosures.

 

d) Location and size of fire lift.

 

e) Smoke stop lobby/door, where provided.

 

f) Refuge chutes, refuse chamber, service duct, etc.

 

g) Vehicular parking spaces.

 

h) Refuge area, if any;

 

i) Details of Building Services :- Air-conditioning system with the position of fire dampers, mechanical ventilation system, electrical services, boilers, gas pipes, etc. 

 

j) Details of exits including the provision of ramps, etc. for hospitals and buildings requiring special fire protection measures.

 

k) Location of the generator, transformer, and switch gear room.

 

l) Smoke exhauster system, if any;

 

m) Details of the fire alarm system network

 

n) Location of centralized control, connecting all fire alarm systems, built-in fire protection arrangements and public address system, etc.

 

o) Location and dimensions of static water storage tank and pump room along with fire service inlets for mobile pump and water storage tank.

 

p) Location and details of fixed fire protection installations such as sprinklers, wet risers, hose reels, drenchers, C02 installation, etc.

 

q) Location and details of first aid, fire-fighting equipment/installations

 

r) Certificate of a structural engineer in structural and earthquake safety

 

s) Clearance certificate from the Chief Fire Officer of the Authority or Director of Fire services, as the case may be.

 

2.2.9 Service plan

 

Plans, elevations, and sections of water/grey-water supply, sewage disposal system, and details of building services, where required by the Authority, shall be made available on a scale not less than 1:100 and for layouts 1:1000.

 

2.2.10 Supervision

 

The notice shall be further accompanied by a certificate of supervision in the prescribed form as given in Appendix B, by the Architect/Licensed Engineer/Supervisor/Town Planner, as the case may be. In the event of the said licensed technical personnel ceasing to be employed for the development work, further development work shall stand suspended till a new licensed technical person is appointed.

 

2.2.11 Clearance from Other Departments

 

In case of development/construction of buildings requiring clearance from the Authorities of Civil Aviation Authority, Railways, Directorate of Industries, Maharashtra Pollution Control Board, District Magistrate, Inspectorate of Boilers and Smoke Nuisance, Defence Department, Maharashtra Coastal Zone Management Authority, Archaeological Department etc., the relevant No Objection Certificates from these Authorities, whichever applicable, shall also accompany the application, where such information is not received by the authority as mentioned in Regulation No.3.1.13.

 

In the case of the building identified in Regulation No.1.3(93)(xiv), the building scheme shall also be cleared by the Fire Officer of the Authority or in the absence of such Officer, by the Director of Maharashtra Fire Services or an Officer authorized by him.

 

2.2.12 Building/Layout Permission Scrutiny Fee
 

The notice shall be accompanied by a self-attested copy of the receipt of payment of the building/layout permission Scrutiny Fee. These fees shall be as mentioned below and shall be subject to Government orders, if any. Provided that such fees are not applicable to the development proposals implemented by Government /Government departments or public authorities of state or central government.

 

Sr. No.Type of AuthorityScrutiny fee for plotted LayoutScrutiny fee for Building Constructions.
1For Pune, Pimpri-Chinchwad, Nagpur, Nashik, Municipal Corporations in MMR and Metropolitan Authorities area. (2) Special Planning Authorities, NTDA, and ADA within these areas.Rs. 2,000/- per 0.4 hectors or part thereofRs. 5/- Per Sq.m. of built-up area.
2Remaining all Municipal Corporations area, A Class Municipal Councils and Mumbai Metropolitan Regional Plan area. and municipal corporations in the MMR and metropolitan authorities area,Rs. 1,500/- per 0.4 hectors or part thereofRs. 4/- Per Sq.m. of built-up area.
3B and C Class Municipal Councils, Nagar Panchayats, Non Municipal Council D.P., and Regional Plan areas.Rs. 500/- per 0.4 hectares or part thereof.Rs. 2/- Per Sq.m. of built-up area.

 

Note -

 

i)  No scrutiny fee shall be levied if the proposal is received after compliance of the objections raised by the authority.

 

ii) In case of revised permission, the scrutiny fee shall be applicable.

 

iii) In case of revised permission, where additional development work is proposed without

disturbing the already approved development work, then the scrutiny fee shall be levied for

additional development work.

 

iv) The charges mentioned above may be revised by the Authority with prior approval of the

Government.

 

v) The charges mentioned above shall also be subject to Government orders from time to

time.

 

2.2.13 Development Charges

 

Development charges as required under Section 124 A (1) to 124 L of the Maharashtra Regional and Town Planning Act, 1966 shall be deposited with the Authority before issue of development permission/commencement certificate. Such charges shall be calculated for the area of each land parcel included in the development permission, considering the rates in ASR and provisions mentioned in the said Act.

 

Provided that,

 

i) In case of revised permission, where no development is carried out in pursuance of the earlier permission and permission is lapsed, the amount of difference of development charges, if any, shall be levied and recovered.

 

ii) In case of revised permission, where development is commenced in pursuance of earlier permission, development charges shall be levied on the land and built-up area, over and above the area covered in the earlier permission.

 

iii) No such charges shall be levied for renewal of permission.

 

iv) In case where minor amendments to the plotted layout approved prior to 10/8/1992 are

proposed or where a development charge for land development has already been collected in the past, no development charge should be levied for such amendment of the plotted layout provided no construction was proposed in the said layout i.e. only the plotted layout was approved.

 

v) Construction of the compound wall is meant for the protection of property and as such no development charge shall be levied for the construction of a compound wall or for repairs of a compound wall.

 

vi) No development charge shall be recovered in respect of maintenance work, internal repairs of buildings, or for strengthening the existing building provided such works do not involve consumption of additional floor space.

 

vii) For any reconstruction work, a development charge shall be levied in full which involves the demolition of the existing building and reconstruction of the Non-Municipal,new building.

 

viii) In case a cooperative housing society is authorized by Maharashtra Housing and Area Development Authority or Bombay Housing and Area Development Board to undertake reconstruction of an old/dilapidated building (which work would otherwise, have been undertaken by MHADA), no development charge shall be recovered from that co-operative housing society, provided the FSI does not exceed the existing or permissible FSI whichever is lower. Provided further that, it accommodates existing tenants only. Further in reconstruction involving consumption of additional FSI and accommodation of additional members other than existing tenants, proportionate development charges shall be recovered.

 

ix) In case no development work is carried out in pursuance of permission and permission is lapsed or permission is canceled on the request of the owner, the development charges paid, shall be adjusted in permission that may be granted in the future.

 

x) Where development permission is granted and development charges are already collected by any Authority in their jurisdiction and thereafter such area is included in the jurisdiction of other Authority in such cases, the provisions mentioned in Sr.No.(i) to (ix) above shall be applicable mutatis and mutandis, as the case may be.

 

2.2.14 Premium Charges and Fire Infrastructure Charges

 

i) Premium Charges - Premium charges as may be required to be recovered under these regulations shall be paid to the Authority before the issue of development permission/commencement certificate. The 50% Premium share of the Government shall be deposited by the Authority in a specified head of account of the Government. The amount of premium collected by the Authority shall be kept in a separate account and it shall be utilized for the development of civic amenities and infrastructure.

 

In the case of a Regional Plan area, 100% premium charges shall be paid to the Government through the District offices of the Town Planning and Valuation Department.

The aforesaid premium charges except the premium leviable under Chapter 5 of these regulations shall be allowed to be paid in the instalments with interest @ 8.5% per annum in the following manner and subject to the following conditions.

 

A) Option- 1 

 

 a) Building below 70.0 m. height.

 

Initial Payment

At the end of the Month with interest

12th24th36th48th
1st Instalment2nd Instalment3rd Instalment4th Instalment5th Instalment
10%22.5%22.5%22.5%22.5%

 

b) Building having a height of 70.0 m. and above.

 

Initial Payment

At the end of the Month with interest

12th24th36th48th60th
1st Instalment2nd Instalment3rd Instalment4th Instalment5th Instalment6th Instalment
10%18%18%18%18%18%

 

B) Option - 2

 

The installment of 20% shall be paid at the time of granting development permission/commencement certificate and the remaining 80% amount at the time of occupation certificate. The remaining amount shall be liable for interest @ 8.5% per annum.

 

Notes :

 

i) The installment shall be granted with the interest at the rate of 8.5% p.a. on reducing the outstanding balance premium.

 

ii) The owner/developer shall deposit post-dated cheques for the installment amount with an interest due drawn on the scheduled bank, as per the scheduled date of payment.

iii) Occupation Certificates shall be granted in proportion to the payments made.


iv) The first instalment shall not be less than 50 lakhs in the case of A, B C, Class Municipal Corporations, and 25 lakhs in the case of other areas. In such case, the remaining amount shall be apportioned in the remaining installments.


v) The aforesaid option 1 & option 2 shall be applicable for the period of 2 years. (1) In addition to this, an extension of a further 2 years (i.e. up to 2.12.2024) shall be applicable, considering the lock-down measures and guidelines issued by the Government regarding the pandemic situation.

 

ii) Fire Infrastructure Charges - These charges shall be decided by the Government from time to time

 

2.2.15 Structural Stability Certificate

 

In the case of special buildings, the application shall be accompanied by a structural stability certificate signed by the licensed Structural Engineer to the effect that the building is safe against various loads, forces, and effects including due to natural disasters, such as, earthquakes, landslides, cyclones, floods, etc. as per Part 11 ‘Structural Design’ and other relevant Codes.

 

2.2.16 Signing the Plan

 

All the plans shall be duly signed by the owner, co-owner, if any, and the Architect or Town Planner or Licensed Engineer / Supervisor and shall indicate his name, address and Registration/license number (allotted by the Authority).

 

2.2.17 Size of Drawing sheets

 

The size of the drawing sheets shall be any of those specified in Table 2-A.

 

Table 2-A - Drawing Sheet Sizes

Sr. No.DesignationTrimmed Size, mm
1.A0841 X 1189
2.A1594 X 841
3.A2420 X 594
4.A3297 X 420
5. A4210 X 297

 

Note : If necessary, submission of plans on sheets bigger than A0 size is also permissible. All dimensions shall be indicated only in metric units.

 

2.2.18 Colouring Notations for Plans

 

The plan shall be colored as specified in Table No.2-B given below and prints of the plan shall be on one side of the paper only.

 

Table No.2-B - Colouring Notations for Plans

Sr. No.Item

Site Plan

Building Plan

White PlanBlue PrintAmmonia PrintWhite PlanBlue PrintAmmonia Print
1Plot linesThick BlackThick BlackThick BlackThick BlackThick BlackThick Black
2Existing streetGreenGreenGreen---
3Future street, if anyGreen dottedGreen dottedGreen dotted---
4Permissible building linesThick dotted blackThick dotted blackThick dotted black---
5Existing workBlack (Outline)WhiteBlueBlackWhiteBlue
6Work proposed to be demolishedYellow HatchedYellow HatchedYellow HatchedYellow HatchedYellow HatchedYellow Hatched
7Proposed workRed filled inRedRedRedRedRed
8Drainage & Sewerage workRed dottedRed dottedRed dottedRed dottedRed dottedRed dotted
9Water supply workBlack dotted thinBlack dotted thinBlack dotted thinBlack dotted thinBlack dotted thinBlack dotted thin
10DeviationsRed hatchedRed hatchedRed hatchedRed hatchedRed hatchedRed hatched

 

Note : For land development/Subdivision/layout/building plan, suitable coloring notations shall be used which shall be indexed.

 

2.2.19 Qualification and Competence of the Architect/Licensed Engineer/Structural Engineer/Town Planner/Supervisor

 

Architect/Engineer/Town Planner/Supervisor referred to in Regulation No.2.2.16 shall be registered/licensed by the Authority as competent to plan and carry out various works as given in Appendix “C”. The qualification and procedure for registration and licensing of the Engineer/Structural Engineer/Town Planner/Supervisor shall be as given in Appendix-“C”. An Architect registered with the Council of Architecture shall not be required to register with the Authority.

 

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

 

Grant or Refusal of Permission in UDCPR 2020

 

Permission from the Planning Authority is Mandatory in UDCPR 2020

 

Terminology used in Building bye laws

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

Regulations for Grant of Transferable Development Rights in UDCPR 2020

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

 

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

 

Rule No. 11.2 Regulations for Grant of Transferable Development Rights

 

11.2.1  Transferable Development Rights

 

Transferable Development Rights (TDR) is compensation in the form of Floor Space Index (FSI) or Development Rights which shall entitle the owner for construction of built-up area subject to provisions in this regulation. This FSI credit shall be issued in a certificate which shall be called as Development Right Certificate (DRC).

 

Development Rights Certificate (DRC) shall be issued by the Authority under his signature and endorsed thereon in writing in figures and in words, the FSI credit in square meters of the built-up area to which the owner or lessee is entitled, the place from where it is generated and the rate of that plot as prescribed in the Annual Statement of Rates issued by the Registration Department for the concerned year.TDR generated within the jurisdiction of a particular Authority, shall be utilized within the jurisdiction of the same Authority as per this regulation.

 

11.2.2 Cases Eligible for Transferable Development Rights (TDR)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

restrictions imposed in that regulation.

 

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

 

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

 

11.2.3 Cases not eligible for Transferable Development Rights (TDR)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

x) For the lands owned by the State Government.

 

11.2.4 Generation of the Transferable Development Rights (TDR)

 

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

 

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

 

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

 

Note :-

 

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

 

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


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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

11.2.6 Utilisation of Transferable Development Rights (TDR)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Y= TDR debited from DRC in sq.m.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

c. Coastal regulation zone.

 

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

 

c. Koregaon Park area in Pune Municipal Corporation area.

 

11.2.9 General stipulation

 

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

 

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

 

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

 

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

 

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

 

11.2.10 Transfer of DRC

 

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

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

 

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

 

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

 

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

 

a)  Under direction from a competent Court.

 

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

 

a) by producing fraudulent documents  b) by misrepresentation,

 

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

 

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

 

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

 

11.2.11  Infrastructure Improvement Charges -

 

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

 

11.2.12 Vesting of Land 

 

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

 

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

 

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

 

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

 

11.2.13 Effect of this Regulation

 

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

 

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

 

Rule No. 11.3 Reservation Credit Certificate (RCC)

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Related Regulations to Rule No. 11- 

 

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

 

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