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as on July 17, 2024

Nagesh Prakash Devkar

Pune, Maharashtra 411033

Experts In:Drainage NOC ,   Garden NOC ,   Water NOC  

Working Hours: 08 AM to 9 PM

Drainage NOC -

Introduction –

Drainage noc is required to get authorized building permission for any building. For any building to be operational drainage connection is required. To get this connection permission is needed from the drainage department.

1. What is Drainage NOC?

For any kind of construction of building its necessary to have drainage connection. You have to get the permission for drainage connection by submitting application through licensed plumber, and then approval is given by Dy.Engineer of drainage Department at Ward (Zonal) offices after site visit and all the required documents attached.

Drainage No Objection Certificate (Noc) is the noc which you get After the completion of drainage (line/work) connection at site.

It is mandatory to obtain the Drainage Certificate from drainage  department to get Building Completion Certificate.

2. Where can I get Drainage NOC?

Application for Drainage NOC in PMC and PCMC is to be submitted in the related ward office. In PMRDA drainage noc is not reqired.

3. Who provide Drainage NOC?

To get drainage NOC for Building Permission from the Development authorities like PMC, PMRDA, PCMC you can submit the application by the licensed plumber to the drainage  department.

The process of application in PMC is as follows –

PMC –

In PMC  you can submit application via online services using “rts.punecorporation.org  and then after you can submit the hardcopy of application to the department.

And also  you can submit the application for new drainage connection online  to Additional City Engineers, Sewerage Department, through licensed plumber along with blue print  Copies of building sanction plan and attested copy of Commencement Certificate.

Liasoning architect or liasoning professionals helps you to get the drainage noc for your building.

4. What are the documents required for Drainage NOC?

The following documents are required to be attached along with application form for obtaining NOC from drainage department for building completion certificate-

1. Copy of the licensed plumber

2. Ownership documents (PRC/ 7/12 Extract)

3. Property Tax Noc

4. Copy of building permission given and attested copy of commencement certificate and four copies of sanction plan

5. Plan for Drainage connection with site plan

6. Society NOC

5. What is Time duration required for Drainage NOC?

Drainage NOC is issued in 15 days from the receipt of application.

6. What is the Cost required to get Drainage Noc?

To get the drainage connection and road cutting following charges are taken-

1) Connection charges Rs.225/-

2) Development charges

         a) Residential use Rs.1000/-

         b) Commercial use Rs.10000/-

         c) Residential + Commercial use Rs.5000/-

         d) Industrial use Rs.25000/-

3) Road excavation Rs.2600/- per running meter (for tar and concrete road, pavements and foot paths)

4) Soil / Murum road excavation Rs.750/- per running meter

These Connection charges should be paid by challan at related Ward(Zonal) office.

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Projections allowed in Front and Side Margin as per UDCPR 2020

For the construction of any building, there is a restriction of floor space to be used. It is called the 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 the Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

 

Rule No. 6.7 PERMISSIBLE PROJECTIONS IN MARGINAL OPEN SPACES/DISTANCES

 

The following projections shall be permissible in marginal open spaces :-

 

(a) Projections into Marginal Open Spaces :- Every open space provided, either interior or exterior, shall be kept free from any erection thereon and shall be open to the sky, and no cornice, chajja, roof, or weather shade more than 0.75 m. wide shall overhang or project over the said marginal open spaces so as to reduce the width to less than the minimum required. However, sloping / horizontal chajja provided over balcony/gallery, etc., may be permitted up to balcony projections at a horizontal level.

 

(b) Balconies - as specified in Regulation No.9.14


(c) Ledge for Air conditioning unit as specified in Regulation No.9.5.


(d) A canopy or porch not exceeding 5 m.in length and 2.5 m. in width in the form of a cantilever and unenclosed over the main and subsidiary entrances providing a minimum clear height of 2.4 m. below the beam bottom of the canopy. The canopy shall not have access from the upper floors (above floors), for use as a sitting out place. There shall be a minimum clearance of 1.5 m, between the plot boundaries and canopy.

Provided that more than one canopy may be permitted in the case of special buildings as per requirement.

 

(e) A projection of a maximum of 30 cm. on the rooftop terrace level may be allowed throughout the periphery of the building. In case of pitched roof projection of a maximum of 45 cm. at rooftop level throughout the periphery of the building shall be allowed.

 

(f) Accessory buildings :- The following accessory buildings may be permitted in the marginal open spaces :-

 

i)  In an existing building where a toilet is not provided, a single-storeyed toilet subject to a maximum area of 4.0 sq.m. in the rear or side open space and at a distance of 7.5 m. from the road line or the front boundary and 1.5 m. from other boundaries may be permissible. The Authority may reduce 1.5 m. margin in exceptional cases to avoid hardship.

 

ii ) Parking lock-up garage not exceeding 2.4 m. in height shall be permissible in the rear corner of an independent bungalow plot. Parking lock-up garage, when attached to a main building, shall be 7.5 m. away from the road line and shall be of such construction capable of giving fire resistance of 2 hours. The area of the sanitary block and parking lock-up garage shall be taken into account for the calculation of FSI.

 

iii)  Underground suction tanks, soak pits, and wet and dry garbage separately with collection chambers, space required for fire hydrants, electrical and water fittings, underground water tanks, dustbins, etc.

 

iv)  One watchman's cabin/booth not more than 6 sq.m. in built-up area having a minimum width or diameter of 1.80 m. Cabin/booth may be allowed at every entrance and/or exit.

 

Note :- When a building abuts three or more roads, the above-mentioned uses, except (iv), shall be permissible in front setback facing a smaller road of less importance from a traffic point of view.

 

(g)  Ramp for basement in side and rear marginal distances subject to provisions under Regulation No.9.12.

 

(h)  Fire escape staircase of single flight not less than 1.2 m. width excluding the marginal distance required for special buildings.

 

(i)  Staircase mid-landing of 1.2 m. width with a clear minimum headroom of 2.1 m. below the mid-landing. However, the clear distance from the edge of the landing to the plot boundary shall not be less than 1.8 m. in the case of non-special buildings and 6.0 m. in the case of special buildings.

 

(j)  Architectural projections - Architectural projections as specified in Regulations No.9.30.

 

(k)  Construction of ottas, railings, barricades, or supporting columns for canopy or porch shall not be permitted within the minimum required front marginal distances. However, steps or steps along with otta may be permitted to project up to 1.2 m. from the building line.

 

(l)  Cupboard as specified in regulation No.9.6.

 

 

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?

 

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

 

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

 

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

 

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

 

Industrial Township under Aerospace and Defense Manufacturing Policy 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. 14.12 Industrial Township under Aerospace and Defense Manufacturing Policy

 

Industrial Township under the Aerospace and Defense Manufacturing Policy shall be permitted in Commercial, Industrial, and Agricultural Zone in Development Plan and Regional Plan areas. Other stipulations for Industrial Township under Aerospace and Defense Manufacturing Policy - 2018, declared by the State Government in Industry, Energy Labour Department vide Government Resolution No.Asangho-2015/Pra.Kra.98/Udyog-2, dated 14/02/2018, shall be applicable.

 

The FSI permissible for this Industrial Township shall be as per the FSI permissible in the Industrial Zone. The lands that are included in the Agricultural Zone in the Development or Regional Plan shall be treated as included in the Industrial Zone after the permission is granted for this Industrial Township.

 

Provided that up to 20% of the total built-up area of such Industrial Township may be used for residential/commercial purpose/support activities.

 

Provided further that the Research and Development Institutions in such Industrial Township shall be eligible for an additional 0.50 FSI over permissible FSI as per these Regulations.

 

Rule No. 14.13 Development of Integrated Industrial Area

 

The development of an Integrated Industrial Area within the jurisdiction of Maharashtra Industrial Development Corporation shall be allowed as per the Urban Development Department’s Notification No.TPB-4314/20/CR-32/2014/UD-11, dated 1st August, 2015. The Principal Regulations referred to in the said notification shall be deemed to have reference to provisions of UDCPR along with specific regulations related to MIDC mentioned in Chapter 10.

 

Related Regulations

 

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

 

Integrated Logistic Park (ILP) 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

 

Transit Oriented Development (TOD) in UDCPR 2020

 

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

 

Uses Permissible in Agricultural Zone in UDCPR 2020

Any city in India is divided into various land use zones: Residential, Commercial, Agricultural, Industrial, etc. So, there is a restriction on the use of land under any zone. For example, You cannot build a Commercial building in an Agricultural Zone, or You cannot build hazardous or high-end Industries in a Residential Zone.

 

So here are the uses permissible in the Agricultural Zone as per UDCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

 

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. 4.11 Agricultural Zone

 

i) All agricultural uses, including stables of domestic animals, piggeries, poultry farms accessory buildings, tents, etc.;


ii) Golf Course and Links, Race tracks, and shooting ranges with necessary safety measures, Trekking Routes/nature trails/nature walks, etc.;


iii) Garden, forestry, nursery, public parks, private parks; play fields, summer camps for recreation of all types


iv) Public / semi-public sector utility establishments such as electric sub-stations, receiving stations, switch yards, over-head line corridors, radio and television stations, receiving stations, main stations for public gas distribution, sewage treatment, and disposal works, water works along with residential quarters for essential staff required for such works;


v) L.P.G. Godown, subject to the following conditions :-


a) Minimum plot size and area of the plot shall be as decided by the concerned Licensing Authority.


b) The maximum permissible FSI shall be 20% on this plot.


c) Only ground floor structure shall be permissible.


d) It is necessary to obtain a No Objection Certificate from the Controller of Explosives and competent fire authority.


vi) Vehicle Fuel filling Stations, including LPG / CNG / Ethanol / Public Charging Stations for Electric Vehicles, is subject to the following conditions :-


a) The plot shall be located on any road with a minimum width of 12.0 m. or more.


b) FSI for such facilities in this zone shall be up to 20% of gross area, underground structures along with kiosks shall not be counted towards FSI.


c) NOC from the Chief Controller of Explosives shall be necessary.


d) In case the plot is located on any Classified road, the distance from the junction of roads as may be specified by the Indian Road Congress / Ministry of Road, Transport and Highway, shall be followed. (IRC guideline 2009 and MORTH Letter No.RW/NH- 33023/19/99-DO III, Dated 25.09.2003 as amended from time to time)


e) In a plot of Fuel Station, other building or composite building for the sales office, snack bars, restaurant, public conveniences or like activities , may be permitted
 

vii) Pottery manufacture.


viii) Storage and drying of fertilizer.


ix) Farmhouses shall be permitted subject to the following conditions :-


a) Minimum plot area for the above use shall be 0.4 Ha. However, one farmhouse per land holding shall be permitted, irrespective of the size of the land holding.
b) The FSI shall not exceed 0.04 subject to a maximum built-up area of 400 sq.m. in any case. Only ground + 1 floor structure with height not exceeding 9.0 m. shall be permissible.


x) Swimming pools/sports and games, canteen, tennis courts, etc.

 

xi) Amusement park. 

 

a) Amusement park with minimum plot area of 1.0 ha. with recreational and amusement devices like a giant wheel, roller coaster, merry-go-round or similar rides both indoor and outdoor, oceanic-park, swimming pool, magic mountain and lake, ethnic village, shops for souvenirs/citations, toys, goods, as principal uses and ancillary activities such as administrative offices, exhibition hall or auditorium, open-air theatre, essential staff quarters, store buildings, fast food shops, museum, small shops, ancillary structures to swimming pool, ancillary constructions along with staff quarters and residential hotels. Maximum permissible FSI shall be 0.70 on the gross plot area, out of which 0.20 shall be without payment of premium and remaining with payment of premium at the rate of 20% of the rate mentioned in the annul statement of rates of very said land without considering the guidelines therein.

 

b) The required infrastructure, like proper and adequate access to the park, water supply, sanitation, conservancy services, sewage disposal and adequate off-street parking, will have to be provided and maintained by the promoters of the project at their cost.

 

c) The promoters of the project shall provide adequate facilities for the collection and disposal of garbage at their cost. They will keep, at all times, the entire environment clean, neat and hygienic.

 

d) Area of Rides, whether covered or uncovered, shall not be computed towards FSI.
 

e) At least 250 trees (of indigenous species) per Hector shall be planted and grown within the area of the park.


f) Sufficient parking facilities and ancillary facilities for cars, buses, transport vehicles, etc., shall be provided on-site.

 

xii) IT / ITES parks/units with 0.20 FSI, subject to Regulation No.7.8.


xiii) Any building/use by the Government / Semi-Government or Government Controlled

bodies with basic FSI and village resettlement or resettlement of project-affected persons with full permissible FSI as that of a residential zone.

 

xiv)  Biotechnology unit / B.T. Park subject to Regulation No.7.9.

 

xv)  Development of buildings of educational, research, and medical institutions, community development, human resources development, rural upliftment, yoga ashram, mediation centers, vipassana centers, spiritual Centres, goshalas, panjarpol, Old Age homes, and Rehabilitation Centres along with allied activities, Planetarium / Astronomical / Astrophysical facilities/projects with FSI of 1.00 on the gross plot area, out of which 0.20 shall be without payment of premium and remaining with payment of premium at the rate of 20% of the rate mentioned in the annul statement of rates of very said land without considering the guidelines therein subject to following conditions :-

 

Conditions :-

 

a)  The trees at the rate of 250 trees per hectare shall be planted on the plot.

 

b)  The provisions of higher FSI mentioned in Chapter - 7 of these Regulations shall apply to the above buildings listed in the said chapter. However, higher FSI in such cases shall not exceed 100% of the above.

 

c) In case of educational use, 15% of the area may be used for commercial purposes subject to Regulation No.4.10(vi) provisions.

 

xvi) Integrated highway/Wayside amenities such as motels, way-side restaurants, fuel pumps, service stations, restrooms and canteen for employees working on-site and truck drivers, service godowns, factory outlets, highway malls, hypermarkets along with public conveniences like toilets, trauma center, medicine shop, bank ATMs and like activities with FSI of 0.2 on the gross area without payment of premium and further FSI upto 0.3 with premium at the rate of 20% land rate in Annual Statement of Rates of the said land without considering the guidelines therein, shall be allowed subject to following conditions :-

 

Integrated Highway / Wayside Amenities may be permitted to be developed on plots of land having a minimum area of 10,000 Sq.m. abutting to National Highways/State Highways or on any road not less than 18.0 m. width.

 

Provided that, No subdivision of land shall be allowed and the location of the fuel pump, if

provided, shall be separately earmarked.


Notwithstanding anything contained in this regulation, an individual use as mentioned in this

regulation may be permissible, on a road having a minimum width of 12.0 m. The minimum plot size for this regulation shall be the entire holding mentioned in the single 7/12 extract or a minimum of 4000 Sq.m. In any case, Sub-division / layout shall not be permitted.

 

xvii) Ancillary Service Industries


Ancillary service industries for agro-related products like flowers, fruits, vegetables, poultry products, marine products, related collection centres, auction halls, godowns, grading services and packing units, knowledge parks, cold storages, utility services (like banking, insurance, post office services) etc. on the land owned by individuals/organizations with FSI of 0.20 without payment of premium. Further, FSI up to 1.00 may be granted with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

 

xviii) Any industry/industries with FSI of 0.20 without payment of premium and further FSI up to 1.00 with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein. Minimum buffer open space/setback (which may include marginal distance and road width, if any) from the boundary of industrial Building/use to residential or habitable zone/use, shall not be less than 23.0 m. Such buffer open space shall be kept on the same land.

 

Provided that, the area under such buffer open space/setback shall not be deducted for computation of FSI.

 

Provided further that, if the land under the industrial zone is utilized entirely for non-polluting industries, IT / ITES or like purposes, then such buffer zone / open space shall not be necessary.

 

Provided further that, Industrial layout / sub-division of land shall also be permissible subject to regulations of Industrial Zone. In such case, the plot shall be entitled to 0.20 FSI and further FSI, as mentioned above, shall be subject to payment of premium. The condition to this effect shall be stamped on the layout / sub-division plan and also mentioned in the approval letter.

 

Provided further that, industrial godowns/godowns shall also be permissible under this regulation.

 

xix)  Solid waste management, landfill sites, biogas plants, and power generation from waste.

 

xx)  Power generation from non-conventional sources of energy. Area covered under solar panels shall not be counted in FSI.

 

xxi)  Brick, tile manufacture.

 

xxii)  Fish Farming.

 

xxiii) Religious buildings are subject to conditions as may be prescribed by the Authority.

 

xxiv) Slaughterhouse or facilities for processing and disposal of dead animals with the special permission of the Authority.

 

xxv)  Cemeteries and crematoria and structures incidental thereto.

 

xxvi)  Scrap Market with FSI of 0.20 without payment premium and further FSI up to 1.00 with the payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

 

xxvii) Mangal karyalayas / lawns.


a) Minimum area for mangal karyalaya shall be 0.4 ha. with FSI of 0.20. It may be

permitted along with essential guest rooms not exceeding 30% of the area of Mangal Karyalaya. The area for parking shall be 40% of the gross area, which shall be properly earmarked and bounded by a bifurcating wall. Further FSI up to 1.00 with payment of premium at the rate of 20% of the land rate in Annual Statement of Rates of the said land without considering the guidelines therein.

 

b) Lawns for the ceremony shall be 0.8 ha. with an FSI of 0.10. Area for parking shall be 40% of the gross area.

 

c) The plot for mangal karyalaya or lawn shall abut on road width of a minimum of 9.0 m. in the case of Nagar Panchayat, Municipal Council and Regional Plan area and 12.0 m. in case of other areas.

 

xxviii) Bus Terminus.

 

xxix) Construction of any communication route, road, railway, airstrips, ropeways, ports, electric lines, etc.

 

xxx) Town planning schemes under the provisions contained in the chapter - V of the Maharashtra Regional & Town Planning Act, 1966 shall be allowed for a minimum 20 hectare area, with a proper road network subject to the condition that the entire cost of the scheme shall be borne by the owners. After sanction of the preliminary scheme under section 86 of the Act, all uses as that of a residential zone, shall be permitted. FSI and other regulations shall be applicable as per the residential zone. Or

 

If the owners come together for development on the aforesaid concept of a town planning scheme instead of undertaking a town planning scheme under the Act, the Authority may allow and approve such development subject to the availability of an existing approach road of a minimum 12.0 m. width and earmarking 40% of the land for roads, parks, playgrounds, gardens, social infrastructure, and sale by the Authority, which shall be handed over to the Authority subject to the following -

 

a) A minimum of 10% of land shall be earmarked for playgrounds and parks, for which no FSI / compensation shall be allowed.

 

b Minimum 15% of land shall be earmarked for social infrastructure and that for sale by the authority and shall be handed over to the authority for which compensation in the form of FSI shall be allowed in-situ.

 

c Road area only to the extent of 15% shall be calculated in this component, for which compensation in the form of FSI shall be allowed in situ. The road area over and above 15% shall be calculated in the owner's / developer's share.

 

d) The regulation No.3.4 and 3.5 shall not be applicable in this case.

 

Development permission for uses permissible in a residential zone shall be granted phase-wise after completion of physical infrastructure works, including off-site infrastructure and handing over of land to the Authority. The land under such proposals shall be entitled for basic FSI / Premium FSI / TDR / In-situ FSI as that in the Residential Zone.

 

xxxi)  Manufacturing of Fireworks / Explosives and Storage of magazines/Explosives beyond 2.0 km. of Gaothan Settlement / Gaothan Boundary subject to No Objection Certificate from the Chief Controller of Explosives.

 

xxxii)  Development of Cinema and TV film production, shooting, editing, and recording studios with its ancillary and supporting users, including construction of staff quarters, restrooms, canteens, etc., subject to the following conditions :-


a) The minimum plot area (necessarily under one ownership) shall not be less than 2.0 ha.

 

b) The permissible FSI shall be 0.2 on gross plot area without payment of premium and up to 1.00 with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

 

xxxiii)  Tourist homes, Resorts, Hotels, Motels, Health and Wellness spas, Golf courses, Art and Craft villages, Exhibition cum Convention Centres, Camping-Caravanning and tent facilities, Adventure Tourism Projects, Eco-Tourism Projects, Agricultural Tourism Projects, Medical Tourism Projects, Boutique wineries, Guest houses and Bed and Breakfast scheme approved by MTDC / DoT etc., with Rooms / Suites, support areas for reception, kitchen, utility services etc., along with ancillary structures like covered parking, watchman's quarter, guard cabin, landscape elements, and if required, one observation tower per tourist resort upto the height of 15.0 m. with platform area up to 10 sq.m. in permanent / semi-permanent structural components. The permissible FSI shall be 0.2 on gross plot area without payment of premium and up to 1.00 with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

 

xxxiv)  Tourist Resort Complexes may be permitted with the following conditions :-

 

A) General conditions - The minimum area of such site shall not be less than 1.00 Ha. and 0.4 Ha. in the case of local residents.

 

B) Condition for Development -

 

a)  Maximum permissible FSI in this zone shall be 0.25 of gross plot area without payment of premium and remaining up to 1.00 with payment of premium at the rate of 20% of land rate in Annual Statement of Rates of the said land without considering the guidelines therein.

 

b)  The uses, like resorts, Holiday camps, recreational activities, and amusement parks, may be permitted in this zone.

 

c)  If the site is located adjacent to forts, and archaeological and historical monuments, the development shall be governed by the rules prescribed by the archaeological department.

 

d)  If the site is located near natural lakes, then, development shall be governed by the following :-

 

Distance from High Flood Line (HFL) / Full Storage Level (FSL)Development to be allowed
Up to 100 m.Not permissible.
 
Above 100 m. to 300 m.Ground floor structure with a maximum height of 5.0 m.
Above 300 m. to 500 m.G + 1 storey structure with a a maximum height of 9.0 m.
Above 500 m.G + 1 storey structure with maximum height of 9.0 m. Within permissible FSI and subject to other regulations.

 

f) No subdivision of land shall be allowed.


g) The land should have an approach of a minimum of 9.0 m—wide road.


h) The land having a slope steeper than 1:5, shall not be eligible for development.

 

C) Infrastructural Facilities - All the infrastructural facilities required on site as specified by the Authority, shall be provided by the owner/developer at his own cost on the site. Proper arrangements for the treatment and disposal of sewage and solid waste shall be made. No untreated effluent shall be allowed to pass into any watercourse.

 

xxxv)  In the areas of Local Bodies and the area of SPA where a Development Plan or planning proposal is sanctioned, "Pradhan Mantri Awas Yojana" shall be permitted subject to the provisions of Regulation No.14.4.1.

 

xxxvi)  Individual house of size up to 150 sq.m. for entire holding mentioned in the single 7/12 extract, as of the date of coming into force of these regulations.

 

xxxvii)  Mining and quarrying subject to provisions of Regulation No. 15.1

 

xxxviii) In the area of Regional Plans (excluding the area of Local Bodies and SPA where a Development Plan or planning proposal is sanctioned), "Pradhan Mantri Awas Yojana" shall be permitted subject to the provisions of Regulation No.14.4.2.

 

xxxix) Development of Tourism and Hospitality Services under Community Nature Conservancy around wildlife sanctuaries and national parks shall be permitted as per Regulation No.14.9.

 

xxxx) Integrated Township Projects as per Regulation No.14.1.1.

 

xxxxi) Buildings for Three star and above category hotels along National / State Highways, MDR and on other roads not less than 18.0 m. in width, may be permitted with FSI 0.2 on gross area without payment of premium and remaining up to 1.00 with payment of premium at the rate of 20% of land rate in Annual Statement of Rates of the said land without considering the guidelines therein.

 

xxxxii) Bulk storage and sale of Kerosene subject to NOC of Chief Controller of Explosive, Government of India.

 

(1) xxxxiii) Development of housing for EWS / LIG as per Regulation No.7.7.


(1) xxxxiv) Development is permissible adjacent to Gaothan as specified in Regulation No.5.1.1.

 

 Notes :-

 

1)  The permissible FSI for uses mentioned above shall be 0.20, if not specified.

 

2) The height of the building shall be permissible as per regulation No.6.10, subject to FSI permissibility under this regulation.

 

3)  For the uses permissible in the Agricultural Zone, the minimum road width shall be 6.0 m. for non-special buildings, unless otherwise specified, and for special buildings shall be as per Regulation No.3.3.9.

 

4)  The premium for FSI (allowed with payment of the premium) shall be levied for FSI actually proposed in the permission.

 

5)  The payment to be recovered in the above cases shall be apportioned 50% - 50% between the Authority and the State Government, unless otherwise exempted by the Government by separate order.

 

6)  The payment to be recovered in the above cases may be exempted by the Government by separate order in case of deserving charitable institutions.

 

7)  No such premium shall be leviable in case of Government/Semi-Government or government-controlled bodies.

 

8)  Trees at the rate of 100/hectare shall be planted on the land, unless otherwise specified.

 

 

Related Regulations to Rule No. 4- 

 

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

 

Uses Permissible in Various Zones UDCPR 2020

 

Uses Permissible in Development Plan Reservations in UDCPR 2020

 

Uses Permissible in Green Belt Zone and River Protection Belt in UDCPR 2020

 

Uses Permissible in Public and Semi Public Zone in UDCPR 2020

 

Uses Permissible in Industrial Zone in UDCPR 2020

 

Uses Permissible in Commercial Zone in UDCPR 2020

 

What are the Types of Zones in UDCPR 2020

 

Uses Permissible in Residential Zones R2 in UDCPR 2020

 

Uses Permissible in Residential Zones R1 in UDCPR 2020

 

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

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

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

 

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

 

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

 

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

 

Rule No. 5.0 General 

 

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

 

Rule No. 5.1 For All Regional Plan Areas 

 

5.1.1 Development Permissible Adjacent to Gaothan

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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


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

 

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

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

 

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


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

 

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


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

 

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


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

 

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

 

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

 

5.1.3  Committed Development

 

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

 

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

 

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

 

5.14 Rectification of draftsman's error

 

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

 

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

 

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

 

5.15 Highways Notified by State/Central Government

 

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

 

5.1.6  Station Area Development

 

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

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

 

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

 

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

 

5.1.7  Modification proposals already sanctioned

 

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

 

5.1.8  Provision of Amenity Space

 

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

 

Area of LandAmenity Space to be provided
up to 4000 sq.mNil
more than 4000 sq.m10%

 

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

 

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

 

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

 

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

 

5.1.9 Residential Zone with Payment of Premium

 

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

 

Related Regulations to Rule No. 5 - 

 

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

 

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

 

Additional Regulation for Ratnagiri in UDCPR 2020

 

Additional Regulations for Kolhapur in UDCPR 2020

 

Additional Regulations for Satara in UDCPR 2020

 

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

 

Additional Regulations for Raigad in UDCPR 2020

 

Additional Regulations for Solapur in UDCPR in 2020

 

Additional Regulations for Pune in UDCPR 2020

 

Additional Regulations in Aurangabad in UDCPR 2020