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How to Get Fire Noc Fire Noc? 

Basically, If you are plan to constructing a new building, Whether it is residential or commercial, which is going beyond the height of 15Mtr, It is very essential to take Fire Noc even for sanctioning of Building Plan.. 

A. Introduction

  • Fire NOC issued by the respective state. fire service verifies that a building is resistant or unlikely to observe any fire related accidents. By meeting certain guidelines laid down by the fire department, an applicant can obtain NOC for his residential/ commercial building. The guidelines vary according to different states. 
  • The fire department services tell to first ensure if the building has all fire safety compliances. Once we approach them, the Chief Fire Officers will approve Fire NOC which will be valid for 3 or 5 years depending upon your type of building

B. Importance of Fire NOC for your Building

Statistics indicate that every year, thousands of people are killed across the world as a consequence of fire and fire related accidents. Moreover property and goods worth crores of rupees are destroyed every year due to fire outbreak. 

The implications of fire in buildings can be serious and many companies may not even recover after a mishap.

Therefore it is important to secure Fire NOC to ensure safety for yourself and your business to save any mishappening occurred due to fire outbreaks.

C. Criteria to obtain Fire NOC for Building

The buildings above defined meters in height need to obtain Fire no objection certificate. Likely High-rise or multistorey buildings which are more than 15 meters in height are required to obtain Fire NOC from the state Fire Services.

 

However, A fire NOC can be obtained for the following categories:

  • Residential Apartment buildings.
  • Hotels.
  • Educational Institutes.
  • Telephone Exchange.
  • Custodial institutions.
  • Hospitals and sanatoria.
  • Multiplex buildings.
  • Mercantile buildings.
  • Industrial buildings Low Hazard.
  • Assembly buildings.
  • Corporate buildings.

D. Process to apply for Fire NOC 

The application for obtaining no objection certificate may be submitted by the Builder/Owner/Liaisoning Architect of the premises to the Chief Fire Officer.

The Builder/Owner/Liaisoning Architect are further advised to ensure the compliance of all the fire safety guidelines before the approach the Chief Fire Officer for No Objection Certificate..


 

  • The Builder/Owner/Liaisoning Architect has to submit either- An application for fire clearance certificate in physical form in person  to the office of the Chief Fire Officer, Fire Service Department or
  • Form in an online system for fire clearance certificate of the Fire Service Department.
  • In either the case, the application form should be submitted along with the list of the required documents As per prescribed format.
  • The CFO Officer will forward the application or form to the concerned Inspector depending on the area of jurisdiction.
  • The concerned Inspector will inspect the site of the enterprise and verifies that the enterprise has equipped with all required arrangements for Fire safety.
  • The entrepreneur should keep a checklist of the critical activities or arrangements that are set up in the enterprise before the Inspection, failing that will not be issued by FSD within the timelines prescribed.

It is not an easy task to obtain the Fire NOC from the Fire Department but not as tough as recovering from any misshaping.

If all Fire arrangements are set up properly as noted during Inspection by the Inspector, the Inspector Fire Brigade of the area concerned will issue the Fire Clearance Certificate in the prescribed format obtaining approval from the competent authority
 

E. Documents required for obtaining Fire NOC in buildings

  • Set of Building Plans through Building Authority.
  • Filled in Questionnaire.
  • Check List Certified by the Architect.
  • Architect forwarding letter.
  • Other documents as requested.
  • Provisional Fire Noc if required.

 

F. Fees To obtain Fire Noc

It depends upon State authority and classification of building. And Type of Building Occupancy. Like Residential Building, Industrial building with high/ moderate hazard, Storage buildings high hazards.

FAQ for Fire Noc

 

1. How much time is required for obtaining Fire NOC

The fire safety guidelines are normally issued within four weeks from the date of receipt of request if all required information is correctly provided.

 

2.What is the validity of NOC?

Pre-construction Fire NOC issued under rule 35 is valid for a period 5 years for residential and 3 years for non-residential buildings (including hotels) from the date of issue.

The Final Fire NOC/License, Post-construction is valid for 1 year and need to renew yearly.

 

3. Who grants the NOC for the building?

Fire Service of the respective state grants NOC to the builders. In case of Pune, PuneFire Services is the concerned authority.

 

4. Who heads the fire prevention wing?

The fire prevention wing is headed by a Deputy Chief Fire Officer and assisted by a Divisional Officer and Station Officers.

 

5. In case of any difficulty or delay to getting Fire noc to whom we have to contact?

The owners/builders are further advised to ensure the compliance of all the fire safety guidelines before the approach the Chief Fire Officer for No Objection Certificate. In case of any difficulty the matter should be reported to the Dy. Chief Fire Officer or the Chief Fire Officer. The Chief Fire Officer or Dy. Chief Fire Officer may also be contacted in case there is a delay in carrying out the inspection or issue of fire safety guidelines, or issue of NOC after the inspection has been carried out etc.

 

6. How can Foot2feet play an important role in obtaining Fire NOC for buildings?

Foot2feet is an Construction industry leader helping clients across Pune in getting Fire NOC for buildings and . For us, safety of our clients and their businesses is of utmost importance. Therefore, we employ a knowledgeable team of professionals to take care of the documents and verification process.

Contact us today to find out how our experts can help you and your business.

For more details, visit our website: http://www.foot2feet.com, you can write to us at admin@foot2feet.com or give us a call on our helpline +91-82 82 92 42 42 and directly speak to our experts for any type of inquiry in construction Industry.

 

 

Other Questions from Online And quora

  1. How do I get a fire NOC for my building
  2. What are the pre-requisites of obtaining a fire NOC for a Hotel
  3. What is the procedure of the Fire NOC of commercial floors
  4. What is a fire clearance certificate?
  5. Who needs a fire certificate?
  6. Is fire NOC mandatory?
  7. What are the requirements for getting a fire NOC for an industrial building 
  8. What is the B form for fire in the NOC
  9. Is it compulsory to have a fire and safety NOC certificate

What are the fire and safety rules regarding the certifications of an existing building 

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

 

Additional Regulations for Solapur in UDCPR in 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 them.

 

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. 5.8 For Solapur Regional Plan

 

In the agricultural zone, residential development for the housing of the Economical Weaker Section may be permitted subject to the following conditions -

 

i) The premium at the rate of 10% of the land rate mentioned in ASR without considering the guidelines therein shall be paid before granting the permission.

 

ii) The authority/collector shall decide the beneficiary persons, who are actually under the Economical Weaker Section, as per revenue records.

 

 

Rule No. 5.10 Certain Regulations Cease to Operate in the Future

 

The Regulation No.5.8 shall cease to operate on 1st Jan, 2022 or as decided by the Government from time to time, and thereafter provisions of these regulations shall apply.

 

Rule No. 5.11 Board of Appeals  

 

Any person aggrieved by an order/communication made by an authority/Collector under these Regulations may prefer an appeal before the Board of Appeals. The board shall be constituted at the division level consisting of the Divisional Head of the Town Planning Department of the concerned division as President and the concerned A.D.T.P./T.P. of the district as a member.

 

Related Regulations to Rule No. 5 - 

 

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

 

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

 

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 Pune in UDCPR 2020

 

Additional Regulations in Aurangabad in UDCPR 2020

 

Integrated Township Project (ITP) 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. 14.1 Integrated Township Project (ITP)

 

14.1.1 For Regional Plan Area

 

14.1.1.1.1  Applicability :-

 

These regulations shall be applicable to the areas under the Regional Plan sanctioned under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as “the said Act”).

 

Provided that, if the Development Control Regulations regarding the development of an Integrated Township Project for an area over which a Planning Authority/Special Planning Authority/Area Development Authority has been appointed or constituted or deemed to have been appointed are yet to be sanctioned, then in considering the application for permission, these regulations, shall be applicable, mutatis mutandis, till such Authority adopts the Regulations in this regard.

 

If the ITP falls within the jurisdiction of more than one authority then in such cases Government can issue directives at the time of Locational Clearance or at any time regarding as to which authority shall give permission and supervise the project subject to terms and conditions as may be specified.

 

14.1.1.2 Requirements of Site :-

 

The area proposed for Integrated Township shall fulfil the following requirements :-

 

i) Any suitable area with an area of 40 hectares. (100 Acres) or more in one place.

 

ii) The area shall be one, contiguous, unbroken, and uninterrupted. Provided that, such area if divided by one or more water courses (such as nallah, canals, etc.), existing or proposed roads of any width or by railways, pipeline, etc., shall be treated as one, contiguous, unbroken, and uninterrupted, subject to the condition that the Project Proponent/s shall construct necessary connecting roads or bridges as per site requirements at his own cost with due permission from concerned authorities. Integrated Township area may also include;

 

a) Lands in afforestation zone provided that such land is not a forest land and subject to no construction being allowed on land having slope more than 1:5.

 

b) Lands within the buffer zone of the National Park are subject to restrictions on development permissible in such buffer zones and are subject to the NOC of the Forest Department.

 

c) Tribal land is subject to permission granted under the M.L.R. code, and government lands are allotted to project proponents subject to Regulation No.14.1.1.13(ii).

 

d) Private forest land that has been restored back after completion of section 22(a) Enquiry of Maharashtra Private Forest Act, 1975 shall be allowed to be part of the ITP with the condition that development permission shall be granted on such land only after necessary permission under the provision of Forest Conservation Act,1980.

 

e) The buffer zone of the eco-sensitive zone was notified, subject to all restrictions on development, and FSI was permissible in such buffer zone.

 

f) Areas under flood line/flood zone subject to clearance from the Water Resource Department.

 

g) Areas under Hill Top/Hill Slope Zone, and (b), (e), (f) mentioned above as shown on the Regional Plan/Development Plan subject to the condition as mentioned in Regulation No.14.1.1.7(i)(c). However, the total of these areas shall be restricted to a maximum of 40% of the total area under ITP.

 

iii)  If the Integrated Township area is more than 200 ha., it can be segregated as long as each parcel is more than 40 ha. and is located within a radius of 5 km. Provided that the land use mix is maintained in each parcel.

 

iv) The area shall have an access by means of an existing, or proposed road having a minimum width of 18.0 m. In the case of the proposed road, such area shall have access by an existing road having a width of 12.0 m. for the purpose of declaration locational clearance and LoI of such project but it is necessary for the project proponent to have an existing access of 18.0 m. before sanctioning the Commencement Certificate to the FSI beyond 25% of the project. Provided that Government land or land belonging to tribal can be considered for the purpose of road if there is a registered Agreement. However development permission shall be granted only after due permission of appropriate authority is given.

 

v) The ITP Area shall not include the area under:-

 

a) Notified forest, (excluding the private forest land subject to NOCs of the Forest Department)

 

b) Water bodies like rivers, creeks, canals, reservoirs, etc. Mangroves, Tidal Zone, Mud Flats

 

c) The area under Notified National Parks

 

d)  Defence Estates

 

e) Cantonment Boards

 

f) Any restricted area

 

g) Quarry Zone, Notified SEZ, designated port/harbor areas, wildlife corridor and biosphere reserves, Gaothan/Congested Area.

 

h) The historical and archaeological places notified under the relevant act.

 

i)  Any other area that may be declared by the Govt. of Maharashtra from time to time.

 

14.1.1.3 Ownership of Lands :-

 

The project proponent/s shall have the ownership of all the land parcels under the project.

 

(Explanation - for this clause, ownership includes rights accrued vide one or more registered Development Agreement/s or Power of Attorney (PoA) for such development and disposal, on behalf of land owner/owners).

 

Permission and Declaration of Project by State Government :-

 

i) The Project Proponent/s shall apply to the State Government to obtain permission and declaration of such project to be an “Integrated Township Project”. Such application shall be accompanied by the following attested documents in two sets :-

 

a)  Details of ownership of land viz. extracts of V.F.No.7/12 or Property Register Cards, in original having date not more than six months prior to the date of submission. In case of rights accrued through a registered Development Agreement or PoA, attested copies of such documents.

 

b) Self-attested list of S.No./ G.No./CTS showing the name of the owner as per record of rights, total area of such land parcel, area owned by the applicant in such land parcel, the name of person/company owning the Development Rights, area proposed to be included in project from such land parcel.

 

c) Part plan of sanctioned Regional Plan, showing all the lands falling in the project.


d) No Objection Certificate from the officer at Divisional level, Water Resources Department in respect of lands falling in “Command Area” of any Irrigation Project unless these powers are exercisable by the higher authority.


e) Village maps showing the lands falling in the project.


f) Certificate from concerned Forest Officer not below the rank of Dy. Conservator of Forests at Divisional level (unless these powers are exercisable by higher authority), showing that the lands under project do not form part of and not included in reserved forest or protected forest or non-classified forest or not acquired under the provisions of the Maharashtra Private Forest (Acquisition) Act, 1975 and also, confirming that such lands do not form part of the Notified National Parks, prohibited area of Notified Wildlife Sanctuaries and Notified Bird Sanctuaries.


g) Certificate from the concerned revenue officer not below the rank of Tahasildar, showing the lands under the project do not include lands belonging to tribal or that tribal land included in ITP has necessary permission under M.L.R. code.


h) Certificate from the Director of Archaeological Department, Maharashtra State, showing that the lands under project do not include monuments notified by the Archaeological Department, Heritage buildings and Precincts. Such certificate should also mention the distance to be kept around such places, if any.


i) Receipt of processing fee (non-refundable) paid, at the concerned branch office of the Town Planning Department, at the rate of Rs.5000/- per ha. for the current year with the yearly rise of Rs.500/- per ha. starting from the month of January every year.

 

ii) On receipt of an application under Clause (i) above, the Government may, after consulting the Director of Town Planning, Maharashtra State, by notification in the Official Gazette, grant the Locational Clearance and declare such project to be an “Integrated Township Project”, subject to such general and/or special conditions or, reject the application, under the provisions of Section 18(3) of the said Act, within a period of 90 days from the date of receipt of application or reply from the Project Proponent/s in respect of any requisition made by the Government, whichever is later. If the project proponent fails to comply with the conditions specified while granting location clearance within the specified time limit, then in such cases location clearance given earlier stands automatically cancelled and no refund or adjustment of premium/fees/expenses, etc. shall be eligible.

 

(Explanation - In circumstances described in Clause (ii) above, such grant of permission and declaration of the project shall be made under the provisions of Section 18(3) of the Maharashtra Regional and Town Planning Act, 1966 )

 

iii) Every such permission and declaration shall remain in force for a period of two years, if not applied for Letter of Intent under Regulation No.14.1.1.5, from the date of issue of Locational Clearance Notification, and thereafter it shall lapse.

 

Provided that, the Director of Town Planning, Maharashtra State, Pune may, on an application made by Project Proponent/s before expiry of the above period extend such period by two years in aggregate. Provided also that, it is not mandatory for Project Proponent/s to submit all the papers afresh as prescribed under Clause (i) above, however, the affidavit regarding the ownership of land about any dispute shall be mandatory.

 

iv) Such lapse shall not bar any subsequent application for a fresh proposal.

 

v) The Director of Town Planning, Maharashtra State, on the request of Project Proponent/s, by notification in the Official Gazette, may grant to add or delete any area, not exceeding 50% of the total area under Locational Clearance, subject to the condition that the remaining area shall not be less than 40 ha. The permissible FSI and other parameters shall increase or decrease accordingly.

 

14.1.1.5 Letter of Intent (LOI) by the Collector :-

 

i) The Project Proponent/s shall apply to the Collector to obtain the Letter of Intent for such project. Such application shall be accompanied by the ownership documents as prescribed in Regulation No.14.1.1.4(i)(a) & (i)(b) and with locational clearance notification issued by the Government.

 

ii) The Collector shall verify and satisfy himself that Ownership and Development Rights of all the lands under the project are with the Project Proponent/s before issuing the Letter of Intent.

 

iii) On receipt of an application under Clause (i) above, the Collector shall grant the Letter of Intent for the whole area or separately for any part thereof, which shall not be less than 40 ha. at the first instance, subject to conditions as may be deemed fit, or reject the application, within a period of 45 days from the date of receipt of the application or reply from the Project Proponent/s in respect of any requisition made by the Collector, whichever is later.

 

Provided that, in case of rejection, the Collector shall mention the grounds for such refusal.

 

iv) Every such Letter of Intent shall remain in force for a period of two years, if not applied for Development Permission under Regulation No.14.1.1.6, from the date of issue of Letter of Intent, unless renewed. Provided that, the Collector may, on an application made by Project Proponent/s before the expiry of the above period extend such period by two years in aggregate. Provided also that the letter of intent granted by the collector under earlier regulations may also be extended subject to other conditions of these regulations.

 

14.1.1.6 Master Layout Plan Approval by the Collector :-

 

i) The project proponent/s shall apply to the concerned Collector to obtain the approval for the Master Layout Plan of the entire area as per the Letter of Intent. Such application shall be accompanied by the documents in two sets as prescribed below :-

 

a) Attested copy of Gazette Notification issued by the Government under Regulation No.14.1.1.4(ii).

 

b) Attested copy of Letter of Intent issued by Collector under Regulation No.14.1.1.5.

 

c) Part plan of sanctioned Regional Plan showing the lands under the Master Layout Plan.

 

d) The village map shows the lands under the Master Layout Plan.

 

e) In case, the project has no access from the existing road having a right of way of 18.0 m. then documents showing the ownership of Project Proponent/s in lands proposed for 18.0 m. wide access road.

 

f) Bank Guarantee of requisite amount as prescribed in Regulation No. 14.1.1.12(vi).

 

g) Undertaking and Affidavit as may be prescribed by the Collector.

 

h) Copies of Master Layout Plan with or without Building Plans in three sets prepared and signed by expert in respective field and team headed by an Architect or Town Planner registered with Institute of Town Planners India (ITPI) with sign of owner/developer.

 

i) Contour map showing contour levels of lands under Master Layout Plan. Trueness of the contour shall be certified and attested by the surveying agency and the Project Proponent/s under their signature and seal.

 

j) Colored Google earth image/Bhuvan image/Drone survey image etc., showing lands under Master Layout Plan.

 

 

k) Phased Program for the development of physical infrastructure with amenities under the project, along with the project cost details.

 

ii) If the application is not accompanied by the documents mentioned in Regulation No.14.1.1.6(i) above, the Collector convey the same to the Project Proponent/s immediately within 10 working days giving specific time period for fulfilment of such documents and if the same are not submitted by the said project proponent in given time then return the proposal at his level only.

 

iii) On receipt of the application, complete in all respects, as prescribed under Regulation No.14.1.1.6(i) above, the Collector shall forward the same to the concerned Divisional Joint Director of Town Planning for technical consultation within 10 working days.

 

iv) The office of the Divisional Joint Director of Town Planning shall send its remarks to the Collector within two months from the receipt of the proposal from the Collector or receipt of a reply from the Project Proponent/s in respect of any requisition made by him, whichever is later. Such master layout approval will be given with the condition that the project proponent will not commence work without environmental clearance. Such environmental clearance shall be submitted at the time of sanction to the building permission. A sanctioned master Plan layout along with a complete set of drawings shall be endorsed to the concerned branch office of the Town Planning Department, for the further permission.

 

v) Approval to the Master Plan :- The Collector shall grant approval to the master layout or reject the application, under Section 18 of the said Act, within one month from the receipt of a reply from the Divisional Joint Director of Town Planning as mentioned in Regulation No.14.1.1.6 (iv) above.

 

vi) Approval to the building plan :- Detailed building permission under the master layout plan sanctioned as per Regulation No.14.1.1.6(v) shall be granted by the Assistant Director of Town Planning/Town Planner of concerned Branch within 30 days from the receipt of the proposal from the project proponent as mentioned in (a) below.

 

a) The Project Proponent/s shall apply to the concerned head of the Branch office of the Town Planning Department, for the grant of building permission, along with all relevant documents and attested copy of Environment Clearance for the project from MoEF or the Authority empowered by the MoEF.

 

b) The Project Proponent/s shall submit the certificate of Architect regarding the completion of the plinth stating that the construction of the plinth is as per the approved building Plans to the concerned branch office of the Town Planning along with the approved Plan. The Branch Office of the Town Planning verifies the same within the stipulated time period. If it is found that the construction of the plinth is not as per the building permission sanctioned, the said office shall reject such plinth checking certificate. In such circumstances, the Project Proponent/s shall either demolish the said plinth or get the revised plan sanction according to changes. If it is found that the construction of the plinth is as per the building permission sanctioned, then granting the plinth checking certificate is not necessary.

 

14.1.1.7 Planning Considerations :-


i) Permissibility in respect of Zoning :-

 

a) Notwithstanding anything contained in any regulation for the time being in force, the project to be notified under this regulation may be permissible in any land-use zone/s of sanctioned Regional Plan/Development Plan, excepting areas mentioned in Regulation No.14.1.1.2(v).

 

b) For the areas falling in zones, other than residential, commercial, and U - 1 & U - 2 zones as per the sanctioned Regional Plan the Project Proponent/s shall have to pay a premium for permitting projects in such zones at the rates prescribed below in Table No.14-A :-

 

Table No.14-A

Sr.No. Type of ZonePremium Charges
1Afforestation Zone, Hill Top & Hill Slope Zone as shown on Regional Plan/Development Plan.15 %
2Public/Semi-public Zone, Industrial Zone, T.H. & L.P8%
3Agriculture/No Development Zone/G - 1 zone/Low-Density Residential Zone/Buffer Zone of ESZ and other zones excepting at Sr.No.a & b above.10 %

 

Explanation : Premium charges shall be calculated by considering the agriculture land rate of the said land as prescribed in the Annual Statement of Rates (ASR) without applying the guidelines. If the agricultural land rate is not mentioned in ASR, in such cases the Agricultural land rate for such land will be decided by referring the matter to the Inspector General of Registration. Thereafter, the premium will be calculated by considering the land rate given by IGR in such cases. Out of the total premium10% shall be paid at the time of Locational Clearance, 10% paid at the time of the letter of Intent, 20% at the time of sanctioning of Master Layout Plan, and the remaining 60% shall be in four equal instalments per year and subject to interest as per Prime Lending Rate. (PLR)

 

c) Restriction on development construction shall be permitted on the lands within the HFL (Blue line), land in Hill Top & Hill Slope Zone, and on lands having a slope equal to or more than 1 : 5 in the said Project, whether specifically marked as such on the Regional Plan/Development Plan or not. No development of any sort and activity involving cutting/levelling/filling shall be permissible on such sloping lands. Provided that, it shall be permissible to use such lands for Plantation, Park, Garden purposes, the access road to township development with minimum cutting and other users as otherwise permissible in respective Regional Plan/Development Plans and the FSI of such lands shall be permissible to the extent as prescribed in Regulation No.14.1.1.7(ii).

 

d) In the Buffer zone of notified ESZ and in ESZ’s, only those development activities and FSI as permissible under MoEF notification of the ESZ (as amended from time to time) under Environment Protection Act, 1986 shall be permitted. All the development in this buffer zones shall be in accordance with MoEF notifications.

 

 

Permissible Floor Space Index (FSI) :-

 

a) Notwithstanding anything contained in any regulation for the time being in force, if the premium as mentioned in 14.1.1.7(i) (b) is paid by the project proponent then the basic permissible FSI for such project shall be 1.0 to be calculated on Gross Plot Area under Master Layout Plan without deducting any areas under the slopes within HFL, etc.

 

b) Further, additional FSI on payment of premium as mentioned below Table No.14-B shall be permissible on payment of premium at the rate of 10% of the weighted average land rate of the said land as prescribed in Annual Statement of Rates for the relevant year, without applying the guidelines therein. Such premium shall be paid at the time of Building permission.

 

Table No.14-B

Area under TownshipAdditional built-up area
40 ha. and up to 200 haUp to 70 % of basic permissible FSI
More than 200 ha. and up to 500 ha.Up to 80 % of basic permissible FSI
More than 500 ha. hectorUp to 100 % of basic permissible FSI

 

c) Over and above the FSI as prescribed above, an additional FSI in lieu of construction of tenements for social housing shall be permissible as prescribed in Regulation No.14.1.1.9, without charging a premium.

 

d) It shall be permissible to utilize the maximum permissible built-up area as prescribed above, anywhere in the area under the sanctioned Master Layout Plan.

 

Mandatory Town-Level Amenities - Area and FSI Allocations :-

 

Master Layout Plan shall provide for the town-level area and FSI allocation, to be kept at one or more places, as follows:-

 

a) Spaces for Recreation

 

Table No.14-C

Sr. NoParticularsMinimum Area RequiredConditions
iGarden/s and Park/s5% of Master Layout Area. (out of this 50% of the area may be allowed on Hill Top Hill Slope Zone, Buffer Zone of ESZ and within HFL)Out of this at least 1000 sq.m. area shall be kept open for Town Plaza/Town Square, at one place and the remaining area shall be kept open and may be allowed to be proposed at suitable places. Major public amenities/activities shall be clustered around this area.
iiPlay Ground/s7.5% of Master Layout Area (may be allowed in Buffer Zone of ESZ having a slope less than 1:5)the Maximum 10% of area under Play Ground which may accommodate indoor games, stadiums and allied users only.

 

Note - These spaces shall be exclusive of open spaces to be required at sector-level layouts. Notwithstanding anything contained in UDCPR, 10% open space shall be provided in sector-level layout. Such open space shall be calculated by considering the area of the sector excluding roads in the Master Layout Plan and Town Level Amenity spaces excepting Economic Activities.)

 

b) Spaces for combined School/s (Primary School/s + High School/s) -

 

Table No.14-D

Sr. No.ParticularsMinimum Area RequiredMinimum Built-up Area required
iFor Master Layout area of 40 Ha.5,000 sq.m5,000 sq.m.
iiFor Master Layout area of more than 40 ha.To be increased proportionately with the increase in the Master Layout area and be pr

 

Note-

 

1) The requirements prescribed above are by considering the School to be run in double shift.

 

2) The requirement of the plot area and built-up area shall be exclusive of playground spaces. Hence, it is mandatory to show a separate playground adjoining the school building at the rate of 7 sq.m./student.

 

c) Community Health Care Facilities :- Primary and Secondary Health Care Facilities like Dispensary, Maternity Home, Hospital etc.

 

Table No.14-E

Sr. No.ParticularsMinimum Area RequiredMinimum Built-up Area required
iFor Master Layout area of 40 ha.1,000 sq. m.1500 sq. m.
iiFor Master Layout area of more than 40 ha.To be increased proportionately with the increase in Master Layout area and be proposed at one

 

d) Community Market :-

 

Table No.14-F

Sr. No.ParticularsMinimum Area RequiredMinimum Built-up
iGeneral Market including Mutton and Fish Market
For Master Layout area up to & inclusive of 200 ha.1000 sq.m.As per requirement
For Master Layout area of a more than 200 ha.To be increased proportionately with an increase in the Master Layout area and be proposed at one or more locations, as per requirements.
iiVegetable Market
For Master Layout area up to & inclusive of 200 ha.1000 sq.m.As per requirement
For Master Layout area of more than 200 ha.To be increased proportionately with an increase in the Master Layout area and be proposed at one or more locations, as per requirements.

 

Note - Users mentioned in (i) & (ii) above may be clubbed together for convenience purposes, without altering the requirements in plot area and built-up area.

 

e) Public Assembly Facilities :- Town Hall and/or Auditorium including Library

 

Table No.14-G

Sr. No.ParticularsMinimum Area RequiredMinimum Built-up Area required
iFor Master Layout area up to & inclusive of 100 Ha5000 Sq.m.5000 Sq.m.
iiFor Master Layout area more than 100 Ha. and up to 200 Ha.10000 Sq.m.10000 Sq.m.
iiiFor Master Layout area of more than 200 Ha.To be increased proportionately with an increase in the Master Layout area and be proposed at one or more locations, as per requirements.

 

f) Economic Activities :- Economic activities including users such as Market, Multiplex, Mall, Information Technology & Information Technology enabled Services (IT & ITES) including SEZs, Essential Shopping, Recreational Centres, Trade & Commerce, Education, Hospitals, Non-polluting Industries, Service Industries, Entertainment, Tourism, Star Category Hotels, Convention Centres, Gymnasiums, Socio-economic activities, such as workshop, hostel for Autistic persons, challenged persons and Senior Citizens except independent residential tenements as per requirements.

 

Table No.14-H

Sr. NoParticularsMinimum Area RequiredMinimum Built-up Area required
iFor the Master Layout area of 40 ha40000 sq.m.80000 sq.m.
iiFor Master Layout area of more than 40 ha.To be increased proportionately with an increase in the Master Layout area and be proposed at one or more locations, as per requirements.

 

Note :-

 

1) Users as mentioned in b, c, d, e & f may be clubbed together, in the Economic Activities Component, subject to the condition that, the total built-up area should not be less than the summation of minimum required for all such users, irrespective of their individual plot area requirements.

 

2) The required parking spaces for all such amenities as per norms shall be provided in the same plot.

 

g) Public Utilities :- For Master Layout area up to & inclusive of 200 ha.

 

Table No.14-I

Sr. No.ParticularsMinimum Area RequiredPermissible Built-up Area
iFire Brigade Station3000 sq.m. or as prescribed by the Director of Fire Services, Maharashtra State/Chief Fire Officer of the concerned Authority.As per recommendations of the Director of Fire Services, Maharashtra State / Chief fire Officer of the concern Authority.
iiSewage Waste Management Project (SWMP)4000 sq.m.As per requirement
iiiCremation Ground2000 sq.m.As per requirement
ivBurial Ground2000 sq.m.As per requirement
vBus Station/Transport Hub3000 sq.m. 
viPolice Station1000 sq.m.
viiElectric Sub-stationAs per requirement
viiiOther Public UtilitiesAs per requirement
ixPublic Parking FacilitiesAs per prevailing DCR
xSolid waste managementAs per requirement

 

Note : 

 

1) If the facility of Cremation Ground / Burial Ground is available in the village where the Township is located in such case these requirements need not be insisted subject to NOCs of respective Gram Panchayat.

 

2) If a Police Station is available within 1 km. the area from the proposed Township, then such a facility need not to be provided.

 

h) Transport & Communication :-

 

i) The entire area of the project shall have a proper road pattern, taking into consideration the linkages with existing roads within the project and outside the area as well. All such roads shall be developed by the Project Proponent/s as per the standard prescribed by the Indian Road Congress.

 

ii)  The width of the -


a) Classified Road should not be less than as may be prescribed by concerned public authority.

 

b) Main/Arterial/Ring Road should be of the minimum right of way of 18.0 m.

 

c) Other Sub-Arterial roads, Collector streets, local streets, etc. shall be proposed as per the requirements to cater to the need of occupancies on such roads including for pedestrians.

 

d) A network of cycle tracks in the entire Township area of a minimum width of 3.0 meters shall be provided without clashing with the vehicular traffic, to the extent possible.

 

iii) It may be permissible for Project Proponent/s, to realign the Regional Plan/Development Plan Roads, and earlier existing roads passing through the project area, without changing the entry and exit points of such roads.

 

iv) All the Regional Plan/Development Plan Roads and all the Main/Arterial/Ring Roads, shall always be open for the general public, irrespective of the fact that, they reside in the project or not.

 

General Note for Amenities (a) to (h) :

 

1) The requirements prescribed above for items (a) to (f) are by considering the FSI proposed for the project is only 1.0. If the FSI proposed is increased or decreased then the only built-up area requirement shall be increased or decreased proportionately.

 

2) The requirements prescribed above for items (g) are for the Master Layout area up to & inclusive of 200 ha. It shall be increased or decreased proportionately and may be proposed at one or more locations, as per requirements.

 

iv) Residential Activities :-

 

Table No.14-J

Sr. No.ParticularsAreaBuilt-up Area
iResidential Activities (including lands required for social housing, infrastructure such as water storage, drainage and garbage disposal, etc.)The land excluding the land required for purposes as shown (iii) (a) to (h).The remaining built-up area is subject to a minimum of 60% of the total proposed Basic Residential FSI.

 

14.1.1.8 Development Control Regulations :-

 

For those aspects which are not covered under this regulation, the prevailing provisions as prescribed in the (1) Unified Development Control and Promotion Regulations for Regional Plan in Maharashtra shall apply mutatis-mutandis. The provisions of MoEF CRZ notifications amended from time to time shall also be applicable.

 

However where in the prevailing DCR of the respective authority the maximum height of the building is not mentioned in such cases the maximum height shall be allowed subject to provisions of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 and any restriction imposed by the Chief Fire Officer.

 

14.1.1.9 Social Housing :-

 

i) The Master Layout Plan shall provide sufficient space for the construction of small tenements for persons from EWS and LIG categories (hereinafter referred to as the “Social Housing Component”), as a social responsibility with FSI as mentioned in Regulation No.14.1.1.9 (iii). Out of this Social Housing Component 25% FSI shall be utilised exclusively for the construction of EWS tenements and the remaining 75% FSI may be used for LIG tenements. Out of the total tenements constructed as Social Housing components, one-third (1/3rd) of tenements shall be kept for Rental Housing tenements which will be disposed on Rent only by the project Proponents.

 

ii) Social Housing tenements shall be constructed within the area as specified by the MHADA for EWS and LIG categories respectively.

 

iii) The minimum Social Housing component shall be constructed at 15% of the Residential basic FSI of the area available for Residential Development as prescribed in Regulation No.14.1.1.7(iv) (hereinafter referred to as the “Social Housing component”).

 

iv) Social Housing tenements shall be constructed as per the general and special specifications prescribed by the concerned unit of MHADA for their projects.

 

v) The Project Proponent/s, after getting the commencement certificate of the Social Housing component as mentioned above shall immediately inform MHADA regarding the numbers of Social Housing Component to be disposed of by them to the allottees. Upon such intimation, MHADA within a period of six months, from the date of receipt of such intimation after following the procedure of the lottery system shall prepare the list of the allottees from the district as far as possible and forward it to the Project Proponent/s. The project proponent shall dispose of such housing tenements to the allottees at the construction cost mentioned in ASR applicable of the year of disposal (date of occupancy certificate) plus 25% additional cost. Out of this 25% additional cost, 1% shall be paid to MHADA towards administration charges.

 

If the allottees fail to deposit the amount within the specified time limit, then the allotment shall stand cancelled and MHADA can give fresh names of allottees from the waiting list within one month.

 

Provided that if the MHADA is unable to provide the list of the allottees as mentioned above then the project proponent shall dispose of such social housing tenements in the market at the construction cost in ASR applicable to the land of the year of disposal plus 20% additional cost.

 

vi) Every Occupation Certificate for the regular tenements shall be granted only along with the Occupation Certificate in proportionate with the Social Housing component.

 

vii) Amalgamation of such Social Housing tenements shall not be permitted in any case.

 

viii) The purchaser of the tenement under social housing shall deposit an amount equivalent to 10% of the construction cost of the tenement, as prescribed in the Annual Statement of Rates prevailing at the time of occupation, with the Project Proponent/s as a one-time maintenance deposit for onsite infrastructure maintenance.

 

ix) The Project Proponent/s shall maintain the premises and common spaces outside the building/s of social housing including concerned all basic infrastructure and amenities, in good condition in the same manner as the maintenance of the remaining area of the project.

 

x) The purchaser of tenement under social housing shall have to pay all the government taxes, duties like stamp duty, GST etc. and also the fees charged for use of common amenities at actual, to the Project Proponent/s, as per the requirement, from time to time.

 

14.1.1.10 Liability of Project Proponent/s :-

 

i) The entire project shall be an integrated one with all facilities within the boundaries of such project. All the on-site infrastructure i.e. internal roads, approach roads, street lights, water supply and drainage systems shall be mandatory and constructed/maintained in future by the Project Proponent/s. Proposed internal roads and Open Spaces in the layouts shall be used only for ITP.

 

ii) The Regional Plan Roads & Reservations which are included in ITP shall be Developed by the project proponent and after development made available to the general public. Such reservations may be allowed to shift within 500 m. (within Township Area Only) in consultation with the concerned Divisional Joint Director of Town Planning.

 

iii) It shall be the responsibility of the Project Proponent/s to develop and maintain all the infrastructure in good condition till handed over to the appropriate authority.

 

The project proponent may collect periodical contributions or raise corpus funds for the maintenance of infrastructure from the purchasers of tenements or statutory bodies of the purchasers of tenements formed by the developer for this purpose.

 

Provided that, the Project Proponent/s shall hand the infrastructure, for maintenance purposes, only after the completion of the project, to the Urban Local Body or appropriate authority, when constituted in the area comprised by the project along with the unutilized corpus fund collected for maintenance of common infrastructure.

 

iv) Project Proponent/s shall mandatorily provide facilities for making the Township SMART -

 

a) For the people residing in the project area, an efficient and timely public transportation system up to the nearest public transportation station/hub/depot/stand. He shall develop it himself or tie with the Government/Semi-Government or private transport agency for such efficient public transportation. The number of buses and trips will be

decided by MSRTC/Local Transport Authority.

 

b) Continuous unobstructed footpath of minimum 2.0 m. the width on either side of all streets/roads of width ROW 12.0 m. or more and of a lesser width for roads/Streets of ROW less than 12.0 m.

 

c) A dedicated and physically segregated bicycle track with a width of 3.0 m. or more, should be provided for the entire Township Area.

 

d) Pedestrian-friendly pathways, encouragement to non-motorized transport, intelligent traffic management, non-vehicle street/zones, smart parking, energy efficient street lighting visible improvement in the area i.e. replacing existing overhead electric wiring with underground wiring, encroachment-free public areas.

 

e) Arranging generation of power through non-conventional energy sources like solar, wind and others shall be mandatorily provided with at least 10% of the total requirement of the common physical infrastructure of the project.

 

f) To provide energy management by adopting advanced technology like installing Solar Water Heating Systems, Solar Lamps/Lights in common areas, and LED Lamps, auto-operated street lights, solar pumps, etc. All external lighting shall be of LED, Solar Water Heating Systems, Solar Lamp shall be compulsorily provided.

 

g) To provide effective water management by adopting water harvesting techniques like rainwater harvesting, recycling of used water, metered water supply to the users under the project, and double plumbing pipeline. The recycled water shall be used for flush systems, gardening, carwash and industrial use.

 

h) To provide effective safety & security measures like CCTV surveillance at strategic locations, centralized control rooms, etc.

 

i)  Arranging smart and fast internet/broadband connectivity to all residences, e-governance online system for grievance redressal.

 

j)  Encouraging and providing a platform for citizens' participation in decision-making about public community issues.

 

k) Arranging real-time environmental monitoring i.e. air pollution, noise pollution etc. shall be observed.

 

l) Encouraging and providing a platform for e-DCR for building plans with BIM, 3-D maps on GIS of the utility services network and properties in the city, central command, control and emergency response centre for all infrastructure facilities. Project Proponent/s shall also provide urban design concept plans along with the Master Plan.

 

m) It shall be obligatory on the part of Project Proponent/s to provide the infrastructure and green building norms that are necessary as per the guidelines as may be laid down by the Government, under the policy of development of ‘Smart City’ from time to time.

 

n) Ensure that the buildings have at least 3-star ratings from GRIHA/Silver from IGBC/Silver from LEED/equivalent ratings from the ASSOCHAM GEM.

 

v) Project Proponent/s shall also mandatorily provide for :-


a) Water Supply - Safe and potable drinking water at the rate of 90 litres per capita per day, exclusive of the requirement of water for fire fighting and gardening purposes. The storage capacity of the same shall be at least 1.5 times of the actual required quantity as determined by the expected population (Resident and Floating) and other uses. The Project Proponent/s would be required to develop proper internal distribution with double pipe plumbing for reuse of treated water at appropriate places and maintenance system along with smart metering and shall especially undertake rainwater harvesting, groundwater recharging and wastewater recycling within the project.


Provided that, the Project Proponent/s should not use groundwater as a source of water, to meet the above requirement.

 

b) Drainage and Garbage Disposal - The Project Proponent/s shall make suitable and environment friendly arrangements for the disposal and treatment of sewage and solid waste generated in the project at source, as per the norms of the Maharashtra Pollution Control Board. The Project Proponent shall provide zero discharge in ITP for solid as well as liquid waste.

 

The Project Proponent/s should provide facilities for water conservation by different means such as Rain Water Harvesting, Recycling of Waste Water, etc. and also set-up, in the project area itself, the Solid Waste Management Project (SWMP) with a sufficient capacity for processing of 100% garbage and solid waste.

 

c) Power - The Project Proponent/s shall ensure continuous and quality power supply for the project area. The Project Proponent/s may draw the power from any existing supply system or may go in for arrangement of captive power generation with the approval from the concerned authority. If power is drawn from any existing supply system, the Project Proponent/s shall, before the commencement of development, procure a firm commitment of power for the entire Township from the power supply company.

 

14.1.1.11 Occupancy Certificate :-

 

i) Application for obtaining the Occupancy Certificate for buildings in the project, in full or part shall be submitted by Project Proponent/s to the concerned branch Officer of Town Planning. Such application shall be accompanied by -

 

a) All the relevant documents along with coloured Google Earth/Bhuvan/Drone survey images showing the area under the Master Layout Plan.

 

b)Documents showing compliance of the conditions prescribed while according to sanctions from time to time.

 

c) Appropriate declaration/s and undertaking/s made by the Project Proponent/s and his technical personnel’s;

 

d) Any other requirement as may be prescribed by the Collector.

 

ii) The concerned Branch Officer of Town Planning shall grant an Occupancy Certificate or reject the application giving a specific reason within one month from the receipt of the application.

 

iii) The Collector, before issuing the Occupancy Certificate for the project as a whole, shall verify and satisfy himself about the completion of erection/development/construction of all the basic required infrastructure in the Master Layout plan. In case, of an application for part occupancy, such completion shall be as prescribed in the phase programme.

 

14.1.1.12 General Stipulations :-

 

i) Development of basic infrastructure and amenities shall be completed by the Project Proponent/s to the satisfaction of the Collector either for the whole or as per phases, of the project.

 

ii) It shall not be mandatory for the Project Proponent/s to provide Amenity Space as otherwise required as per regulation of the Regional Plan/Development Plan, if any.

 

iii) The Project Proponent/s shall plant indigenous trees at the rate of at least 150 trees per ha. and maintain it properly. The certificate to that effect issued by the Deputy Conservator of Forest or an Officer nominated by him for this purpose shall be produced by the Project Proponent/s at the time of application for Final Occupation Certificate under Regulation No.14.1.1.11.

 

iv) All the powers and functions that are supposed to be exercised by the Collector under this regulation shall be exercised by the Chief Officer/Chief Executive Officer of the concerned Planning Authority wherever applicable, excepting the powers to grant Letter of Intent under Regulation No.14.1.1.5 of this regulation.

 

Provided that, before grant or refusal to the Master Layout Plan, the Chief Officer / Chief Executive Officer of the Authority shall, consult the concerned Divisional Joint Director of Town Planning as prescribed in Regulation No.14.1.1.6 (iii) and (iv), if the Planning Officer posted in such Authority is below the rank of Joint Director of Town Planning, and to the concerned branch office of Town Planning as prescribed in Regulation No. (1)14.1.1.6(vi) and Regulation No.14.1.1.11, if the Planning Officer posted in such Authority is below the rank of Assistant Director of Town Planning.

 

v) All the amounts of scrutiny fees, charges, premiums etc. payable to the Government shall be deposited with the concerned Branch office of the Town Planning. In circumstances described in the proviso of Regulation No.14.1.1.12(iv) above, 50% of such amount shall be deposited with the concerned Branch office of the Town Planning, and 50% to the concerned Planning Authority.

 

vi) The Project Proponent/s shall submit a bank guarantee of an amount equal to the 15% of the estimated development cost required for the development of the basic Physical infrastructure such as roads, water supply, drainage & garbage disposal, Trunk installations for power supply, fire brigade station & fire engines. Such development costs be worked out as per respective phases taking into consideration the phased programme for the development of infrastructure with amenities under the project as submitted and as required under Regulation No.14.1.1.6(i). A certificate regarding the estimated development cost shall be produced by the respective Architect of the project. If a Bank Guarantee as mentioned above is submitted then a separate security deposit shall not be insisted on by the authority.

 

vii) The Project Proponent/s shall construct and maintain the Fire Station building & Infrastructure at their cost. The project proponent shall post well-trained staff at the fire station as per the recommendations of the Director of Fire Services, Maharashtra State / Chief Fire Officer of the concerned Authority or the cost of staff appointed by the Chief Fire Officer for this purpose shall be borne by the Project Proponent. The amount of all expenditure on such staff shall be the responsibility of the Project Proponent/s. After completion of the fire station and as per requirement such fire brigade/station shall be handed over to the nearest respective authority on the terms and conditions decided by the respective authority and project proponent.

 

viii) The developer shall complete the Special Township Project within 10 years or such period as allowed by the Government from the approval to the master plan. The developer shall develop and maintain the all infrastructure (internal street lights, roads etc.) up to the completion of the ITP project. Within such period or till the authority is formed as per Regulation No.14.1.1.12(ix), the concession in property tax levied by the respective Grampanchayat or the respective Planning Authority shall be 66% of the normal rate as prescribed under the Grampanchayat Act or under Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 or Maharashtra Municipal Corporation ACT. Such property tax shall be levied from the date of the Occupancy Certificate. Respective Grampanchayat/Planning Authority shall provide mandatory provisions like Birth and Death Registration Certificates etc. for the same period in such ITP. Provided that the utilities like fire brigade, police station/Chowky etc. shall be handed over to the nearest respective Authority at the terms and conditions decided by the respective authority.

 

ix) A local Authority shall be formed under section 3 read with section 341 of the Maharashtra Municipal Council, Nagar Panchayat and Industrial Township Act, 1965 according to the population of such township. The newly formed respective authority shall take over the operation maintenance of infrastructure in the Integrated Township Project area with the previous approval of the Government. However, if the area under ITPs merged in any Local Authority then operation and maintenance of infrastructure in such Integrated Township Project area shall be made by the respective Local Authority.

 

x) Licensing to the Project Proponent/s - The respective Authority shall provide licenses to the Project Proponent/s for telephone Connection, Power and other utilities in the Township area as per existing rules & regulations. After granting the license from the respective Authority, the project proponent/s shall provide utilities in the Township area as per the conditions laid down by the respective authority.

 

xi) It shall be mandatory for the Project Proponent/s to provide an appropriate width of road to the land not owned by the project proponent which is surrounded by the Township Area. 

 

14.1.1.13 Special Concessions :-

 

i) Deemed conversion for Non-Agricultural (N.A.) Use :- The lands under the approved Master Layout Plan shall be considered as deemed N.A. No separate permission shall be required under the provisions of Maharashtra Land Revenue Code, 1966. The amount of non-agricultural assessment shall be exempted to the extent of 50% of the normal rate for the land under the Integrated Township Project.

 

ii) Grant of Government land: If surrounded or adjacent to the lands owned by the Project Proponent, the Government land may preferably be granted to the Project Proponent, as per the rules and regulations to that effect, by the Revenue and Forest Department of the State Government. A maximum of 10% of the total area under the township shall be allowed to be included in such township.

 

iii) Concession in Stamp Duty :- For the purchase of land by the project proponent for the township area or for the first transaction from the Project Proponent/s to the Purchaser of any unit under any user from approved Master Layout Plan or subsequent building plan under this Regulation, concession of 50% of stamp duty as otherwise required under the Mumbai Stamp Act, shall be granted. This concession will be available only at one stage i.e. either at the time of land purchase or at the time of sale of units. Also, if the project proponent assigns the rights to his own subsidiary companies for the running of the Amenities in such Township project as per the approved plan in such cases concession of 50 % of stamp duty as otherwise required under the Mumbai Stamp Act, shall be granted.

 

iv) Exemption in payment of Development Charges :- 50% of the amount of Development Charges under sub-section (3) of Section 124-F of the said Act shall be exempted for institutional use or, change of use of any land or building or, development of any land or building, proposed for a project undertaken by a Project Proponent/s under this Regulation.

 

v) Relaxation from Mumbai Tenancy and Agriculture Land Act :- The condition that, only the agriculturist will be eligible to buy the agriculture land shall not be applicable to the Project Proponent/s for purchasing agriculture land for Integrated Township under this Regulation.

 

vi) Exemption from Ceiling for holding agriculture land :- The limit for holding agriculture land, stipulated in the Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961 shall not be applicable to the Project Proponent/s for the development of Integrated Township Project under this Regulation.

 

vii) Exemption from scrutiny fee :- The amount of the scrutiny fee shall be exempted to the extent of 50% of the normal rate for building permission under the Integrated Township Project.

 

viii) Exemption from royalty on minor minerals :- The amount of royalty on minor minerals as per the Maharashtra Minor Mineral Extraction (Development and Regulation) Rules shall be exempted to the extent of 50% for the earth which is extracted while developing the land within Township area and fully exempted if the said excavated material is used in the same project.

 

14.1.1.14 Transition Policy :-

 

i) It shall be permissible for the Project Proponent/s, to whom Special Township Project has already been granted location clearance and/or LOI or the project is ongoing wherein part Occupancy Certificate is granted before 26/12/2016 to -

 

a) Continue such Special / Integrated Township Project under the erstwhile regulations under which LC is granted without considering these regulations.

 

b) If the project proponents wish to develop a township according to these regulations then they may apply for a grant of Letter of Intent or Master Layout Plan as the case may be wherever required, under this regulation.

 

ii) If in the case as described in Regulation No.14.1.1.14(i)(b), the construction of the project is ongoing and the Occupation Certificate, either in full or partly has granted or not been granted, it shall be permissible for the Project Proponent/s to choose an option to prefer this regulation subject to payment of premium as prescribed in Regulation No.14.1.1.7(i) and (ii). In such cases, the premium shall be calculated on the balance area which shall be the difference of the FSI permitted as per earlier regulation and that being availed as per this regulation.

 

14.1.1.15 Appeal :-

 

Anyone aggrieved by an order passed under prevailing byelaws may within forty days of the date of communication of the order prefer an appeal to the Director of Town Planning, Maharashtra State, Pune. The appeal shall be decided within 60 days.

 

14.1.1.16 Control by the State Government :-

 

Director of Town Planning, M.S., Pune is authorised on behalf of the Government to monitor the Township Project and submit his report once in six months to the Government.

 

14.1.1.17

 

The government may relax any provisions from these regulations considering the site condition of the particular project.

 

14.1.1.18

 

Read the concerned Planning Authority/Special Planning Authority constituted under relevant Acts instead of Collector, wherever applicable.

 

14.1.1.19

 

The rate of premium mentioned in the Regulation No.14.1.1.7(i)(b) and 14.1.1.7(ii)(b) can be revised by the Government from time to time.

 

14.1.2 For Development Plan area -

 

Regulations for Integrated Township Projects for Regional Plan mentioned in Regulation No.14.1.1 shall be applicable to the Development Plan area with modified Regulations as mentioned below.

 

14.1.1.4 (ii)

 

(Explanation - In circumstances described in Regulation No.14.1.1.4(ii) above, such grant of permission and declaration of the project shall be made under the provisions of Section 18(3) read with Section 44 (2) of the Maharashtra Regional and Town Planning Act, 1966)

 

14.1.1.6 (i)

 

e) In case, the project has no access from the existing road having right of way of 18.0 m. then documents showing the ownership or registered agreement for permanent right of way, as the case may be, of Project Proponent/s in lands proposed for 18.0 m. wide access road.

 

j) Colored Google Earth image/Bhuvan image/Drone survey image etc. showing lands under Master Layout Plan, signed by project proponent

 

iv) The office of the Divisional Joint Director of Town Planning shall send its remarks to the Authority within two months from the receipt of the proposal from the Authority or receipt of a reply from the Project Proponent/s in respect of any requisition made by him, whichever is later. Such master layout approval will be given with the condition that the project proponent will not commence work without environmental clearance. Such environmental clearance shall be submitted at the time of sanction to the building permission.

 

14.1.1.6 (vi) - Approval of the building plan :- Detailed building permission under the master layout plan sanctioned as per Regulation No.14.1.1.6(v) shall be granted by the concerned Authority with prior consultation as prescribed in the proviso to Regulation No.14.1.1.12(iv) within 30 days from the receipt of the proposal from the project proponent as mentioned in 14.1.1.6(vi)(a).

 

14.1.1.6 (vi) (b) - The Project Proponent/s shall submit the certificate of Architect regarding the completion of the plinth stating that the construction of the plinth is as per the approved building Plans to the concerned branch office of the Town Planning along with approved Plan. The Branch Office of the Town Planning verify the same within the stipulated time period. If it is found that the construction of the plinth is not as per the building permission sanctioned, the said office shall reject such plinth checking certificate. In such circumstances, the Project Proponent/s shall either demolish the said plinth or get the revised plan sanction according to changes. If it is found that the construction of the plinth is as per the building permission sanctioned, then granting the plinth checking certificate is not necessary.

 

However, notwithstanding anything mentioned above, before granting or refusal to the Master Layout Plan, the Authority shall, consult the, concerned Divisional Joint Director of Town Planning as prescribed in Regulation No.14.1.1.6(iii) and (iv) if the planning officer posted in such Authority is below the rank of Joint Director of Town Planning, and to the concerned branch office of Town Planning as prescribed in Regulation No.14.1.1.6(vi) and Regulation No.14.1.1.11, if the Planning Officer posted in such Authority is below the rank of Assistant Director of Town Planning.

 

14.1.1.7 (iii) 

 

 h) Transport & Communication :-

 

i) The entire area of the project shall have a proper road pattern, taking into consideration the linkages with proposed roads of D.P. and R.P. existing roads within the project and outside area as well. All such roads shall be developed by the Project Proponent/s as per the standard prescribed by the Indian Road Congress.

 

14.1.1.11 (ii) - On receipt of the application as prescribed under Regulation No.14.1.1.11(i) the Planning Authority shall forward the same to the concerned officer as stipulated in the proviso to Regulation No.14.1.1.12(iv) for technical consultation within 10 working days.

 

Following new Regulations shall be added.

 

14.1.1.7 (v) - Share of Local / Planning Authority.

 

The integration of Integrated Township Projects included in the Local/Planning Authority, an area @ 2% of the gross area shall be earmarked and shall be handed over free of cost to the respective Authority for the development of the City Level Facilities.

 

For determining eligibility of ITP, the above 2% area shall be considered in area calculation. This area shall not contain area under hill slopes, and shall be accessible by major road. Base FSI of such 2% land shall be made available to the applicant on remaining land.

 

Related Regulations

 

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

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Provision for Amenity Space in UDCPR 2020

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

 

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


For Example, if the site is in Defense land, Railway region Hilly region, or not drained properly in this case there one cannot construct anything on the land without considering the regulations.

 

This information about reservations and their use is very important when someone starts actual planning, whether they are land owners, builders, or construction owners. It is a must-know information before purchasing land or starting construction on the land

 

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

 

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

 

Rule No. 3.5 Provision for Amenity Space 

 

Amenity Space is space to be left for the government for planning various public amenities like schools, hospitals, libraries, fire stations, police chowki, etc.

 

This space is to be handed over to the government and the owner gets FSI as compensation for the land. (In short, there is only loss of space but no loss of FSI)

 

3.5.1

 

In the areas of Local Authorities, Special Planning Authorities, and Metropolitan Region Development Authorities, Amenity Space as mentioned below on gross area after deducting area under reservations/roads in the Development Plan including proposals of road widening therein, shall have to be provided in any layout or subdivision of land or proposal for development.

 

Area of LandMinimum Amenity Space to be provided
a) less than 20000 sq.mNil
 
b) 20000 sq.m or more5% of the total area.

 

These amenity spaces shall be developed by the owner for the uses mentioned in the definition of amenity. However, the Authority may insist for handing over the amenity space to the Authority, if it is required for the following six purposes only. If it is not required for the following six purposes and required for other purposes, it may be taken over by the Authority with the consent of the owner.

 

i)  Garden.

 

ii)  Playground.

 

iii)  Municipal School.

 

iv)  Municipal Hospital.

 

v)  Fire Brigade.

 

vi)  Housing for Project affected Persons.

 

In such circumstances, amenity space shall be deemed to be reservations/proposals in the Development Plan, and Floor Space Index (FSI) in lieu thereof may be made available in situ on the remaining land. The calculation of this in-situ FSI shall be shown on the layout/building plan. 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 Regulation No.11.2 of Transferable Development Rights.

 

 

 

Regulation No.11.2 of Transferable Development Rights

 

Transferable Development Rights (TDR) are compensation in the form of Floor Space Index (FSI) or Development Rights which shall entitle the owner to the construction of a 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.

 

 

 

Provided that:-

 

i) This regulation shall not be applicable where separate amenity space is mandated by the Government while sanctioning modification proposals under section 37 or 20 of the Act. In such cases, the development of the amenity shall be governed by the conditions mentioned in the said notification.

 

ii) Amenity space shall be approachable by a minimum of 12.0 m. wide road except for the cases where 12.0 m. the approach road to the site is not available. If in the case of B & C Class Municipal Councils, Nagar panchayats, and R.P. areas, such amenity space may be located on 9 m. road, however, in such cases, special buildings on amenity plots shall not be allowed.

 

iii) This regulation shall not be applicable to Regulation No.4.8.1, (i.e.Regulation for allowing Residential/Commercial users in Industrial Zone), wherein separate provision of land for public amenities/utilities is made.

 

iv) This regulation shall not be applicable where the entire development permission is for amenities specified in the definition of amenity space in these Regulations and also for uses other than residential permissible in an agricultural zone. This regulation shall also not be applicable, if construction on the entire plot is for a hotel building or IT establishment/building.

 

v)  This regulation shall not be applicable to the Town Planning Scheme area under the M. R. & T. P. Act, 1966, or similar schemes permitted in agricultural zones.

 

vi) This regulation shall not be applicable for revision of earlier sanctioned development permissions granted under the regulations in force prior to these regulations and work is commenced, where no such amenity space has been provided in development permission sanctioned earlier.

 

viii) If some amenity space is provided in the earlier permission, then the quantum of such amenity space in the revised permission:-


a) Shall be limited to the area provided in earlier permission.


b) Shall not be reduced even though the area of such amenity space is more than what is

specified in this regulation.

 

ix) If the owner agrees to construct the amenity and hands it over to the Authority with the consent of the Authority, then he shall be entitled for amenity TDR/in-situ FSI as per Regulation No.11.2.

 

x) The development in amenity space shall be allowed up to the building potential mentioned in Regulation No.6.1 on Regulations for Congested area in Development Plans/Gaothans of Village settlements in Metropolitan Region Development Authorities and Regional Plans or Regulation No. 6.3. on Permissible FSI

 

xi) Any other use, not mentioned in these regulations, may be allowed to be developed by the Authority similar to the uses defined as amenity.

 

3.5.2 

 

In the case of Regional Plan areas, the percentage of amenity space to be provided shall be as mentioned in Regulation No.5.1.8.

 

 

Regulation No.5.1.8. Provision of Amenity Space

 

i) In any layout or sub-division of land for residential purposes admeasuring 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, the 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.

 

iv) 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 the 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.

 

v) Proviso of Regulation No.3.5.1 shall be applicable to this regulation.

 

 

3.5.3 Development of Amenity Spaces in Earlier Sanctioned Layout

 

Amenity spaces, which are earmarked in the layout sanctioned tentatively or finally earlier and not so far developed, may also be allowed to be developed for any of the uses mentioned in this regulation. Such amenity buildings may be allowed to be developed on the road on which such amenity space is located in the sanctioned layout. However, special building shall require a front road as specified in Regulation No.3.3.9.

 

 

Regulation No.3.3.9. Access Provisions for Special buildings in Regulation No.1.3(93)(xiv)


For special buildings, as mentioned in 93(xiv) under Regulation No.1.3, the following additional

provisions of means of access shall be ensured;

 

(a)  The width of the main street on which the plot abuts shall not be less than 12.0 m. in non- congested area and shall not be less than 9.0 m. in a congested area, and one end of this street shall join another street of width not less than at least 9.0 m. (1) in congested areas and 12.0 m. in non-congested areas.

 

(b)  The marginal distances on all its sides shall be a minimum of 6.0 m., and the layout for the same shall be approved taking into consideration the requirements of fire services, and the margins shall be of a hard surface capable of taking the weight of fire engine, weighing up to 45 tonnes. The said marginal distances shall be kept free of obstructions and shall be motorable.

 

(c)  Main entrances to the plot shall be of adequate width to allow easy access to the fire engine, and in no case shall it measure less than 6.0 m. The entrance gate shall fold back against the compound wall of the premises, thus leaving the exterior accessway within the plot free for movement of fire engine/fire service vehicles. If the main entrance at the boundary wall is built over, the minimum clearance (headroom) shall be 4.5 m.

 

Related Regulations to Rule No. 3 - 

 

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

 

Recreational Open Spaces in UDCPR 2020

 

Minimum Plot Area for Various Uses in UDCPR 2020

 

Provision for Inclusive Housing in UDCPR 2020

 

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

 

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

 

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

Terminology used in Building Bylaws

 

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

 

FSI (Floor Space Index)

 

  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

 

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.