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

UDCPR 2020 Chapter 7 is all about Higher FSI for Certain Uses as per mentioned in the UDCPR 

 

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

 

Rule No.7.4 Development and Redevelopment of Housing Schemes of Maharashtra Housing Area Development Authority

 

7.4.1

 

Development/re-development of housing schemes of Maharashtra Housing and Area Development Authority shall be subject to the following provisions:-

 

i) The FSI for a new scheme of Low Cost Housing, implemented by MHADA departmentally on vacant lands for Economically Weaker Sections (EWS), Low Income Group (LIG) and Middle Income Group (MIG) categories shall be (1) 3.00 or maximum building potential as per road width (Regulation No.6.1 or 6.2) whichever is maximum, on the (1) Gross Plot Area and at least 60% built-up area in such scheme shall be in the form of tenements under the EWS, LIG and MIG categories, as defined by the Government in Housing Department from time to time.

 

ii) For redevelopment of existing housing schemes of MHADA, containing (i) EWS / LIG and/or (ii) MIG and/or (iii) HIG houses with carpet area less than the maximum carpet area prescribed for MIG, the total permissible FSI shall be (1) 3.00 on the gross plot area.

 

7.4.2

 

Where redevelopment of buildings in existing housing schemes of MHADA is undertaken by the housing co-operative societies or the occupiers of such buildings or by the lessees of MHADA, the Rehabilitation Area Entitlement, Incentive FSI and sharing of balance FSI shall be as follows:-

 

i) Rehabilitation Area Entitlement:- Under the redevelopment of the building in the existing Housing scheme of MHADA, the entitlement of rehabilitation area for an existing residential tenement shall be equal to a sum total of -

 

a) A basic entitlement equivalent to the carpet area of the existing tenement plus 35% thereof, subject to a minimum carpet area of 35 sq.m.

 

b) An additional entitlement governed by the size of the plot under redevelopment, in accordance with Table 7-B below:-

 

Table 7-B

The area of the Plot under RedevelopmentAdditional Entitlement (As % of the Carpet Area of the Existing Tenement)
Up to 4000 sq.mNil
Above 4000 sq.m to 2.0 hect15%
Above 2.0 hectares to 5.0 hect25%
Above five hect to 10 hect35
Above ten hect45%

 

Provided that the entitlement of the rehabilitation area as admissible under this regulation shall be exclusive of the area of the balcony.

 

ii) Incentive FSI - Incentive FSI admissible against the FSI required for rehabilitation, as calculated in (A) above, shall be based on the ratio (hereinafter referred to as Basic Ratio) of Land Rate (LR) in Rs. / sq.m. of the plot under redevelopment as per the Annual Statements of Rates (ASR) and Rate of Construction (RC)* in Rs. / sq.m. applicable to the area as per the ASR and shall be as given in the Table 7-C below:-

 

Table No. 7-C

Basic Ratio (LR/RC)Incentive (As % of Admissible Rehabilitation Area)
Above 6.0040%
Above 4.00 and up to 6.0050%
Above 2.00 and up to 4.0060%
Up to 2.0070%

 

Explanation:-

 

* RC is the rate of construction in respect of R.C.C. Construction, as published by the Chief Controlling Revenue Authority & Inspector General of Registration, Maharashtra State in the Annual Statements of Rates.

 

Provided that the above incentive shall be subject to the availability of the FSI on the Plot under redevelopment and its distribution by MHADA.

 

Further, if there is more than one land rate applicable to different parts of the plot under redevelopment, a weighted average of all applicable rates shall be taken to calculate the average land rate and the basic ratio.

 

Provided further, the Land Rate (LR) and the Rate of Construction (RC) for calculation of the Basic Ratio shall be taken for the year in which the redevelopment project is approved by the authority competent to approve it.

 

iii) Sharing of the Balance FSI:- The FSI remaining in the balance after providing for the rehabilitation and the incentive components, calculated as per (i) and (ii) above respectively, shall be shared between the Co-operative Housing Society and MHADA in the form of built-up area, as given in Table No.7-D below and the share of MHADA shall be handed over to MHADA free of cost.

 

Table No.7-D

Basic Ratio (LR/CR)Sharing of balance FSI
Share of Co-operative SocietyShare of MHADA
Above 6.0030%70%
Above 4.00 and up to 6.0035%65%
Above 2.00 and up to 4.0040%60%
Up to 2.0045%55%

 

Provided that in case of plots up to 4000 sq.m., MHADA without insisting MHADA’s Share in the form of BUA, may allow additional BUA over and above existing BUA up to (1) 3.00 FSI by charging premium at the percentage rate of ASR defined in Table No.7-E below:-

 

Table No. 7-E

LR/RC RatioEWS / LIGMIGHIG
0 to 220%45%60%
2 to 423%49%64%
4 to 625%53%68%
Above 628%56%71%

 

7.4.3

 

Where redevelopment of buildings in the existing Housing Schemes of MHADA is undertaken by MHADA or jointly by the MHADA along with the housing societies or along with the occupiers of such building or along with the lessees of MHADA, the Rehabilitation Area Entitlement shall be as follows:-

 

i) Rehabilitation Area Entitlement:- The Rehabilitation Area Entitlement shall be increased by 15% of the existing carpet area, over and above the Rehabilitation Area Entitlement calculated as per Regulation No.7.4.2(i) above.

 

7.4.4 

 

For the purpose of calculating the FSI, the entire area of the layout including Development Plan roads / Regional Plan Roads and internal roads but excluding the land under the reservation of public amenities shall be considered. Sub-division of plots shall be permissible on the basis of the compulsory open spaces as in these Regulations. For low cost housing schemes of MHADA for EWS/LIG categories, the Regulations of the UDCPR shall apply.

 

The reservations in the MHADA layout may be developed as per the provisions of these Regulations.

 

Provided that there shall be no restriction on the utilization of the FSI permissible under this Regulation except for the restrictions under any law, rule, or regulation.

 

7.4.5 

 

For the purpose of this Regulation, the carpet areas for EWS, LIG or MIG tenements shall be as determined by the Government from time to time.

 

7.4.6

 

 i) For providing the requisite infrastructure for the increased population, an infrastructure charge at the rate of 7% of the Land Rate as per the ASR of the year of approval of the redevelopment project shall be chargeable for the extra FSI granted over and above the basic FSI admissible for the redevelopment schemes. 50% of the Infrastructure Charge levied and collected by MHADA shall be transferred to the Authority for developing necessary off-site infrastructure.

 

ii) No premium shall be charged for the FSI admissible as per the prevailing regulations.

 

a) Construction of EWS/LIG and MIG tenements by MHADA on a vacant plot, or

b) In a redevelopment project for the construction of EWS/LIG and MIG tenements towards the share of MHADA.

 

7.4.7 

 

Notwithstanding anything contained in these Regulations, the relaxation incorporated for the slum rehabilitation scheme shall apply to the Housing Schemes under this Regulation for tenements under EWS / LIG and MIG categories. However, the front open space shall not be less than 3.6 m.

 

7.4.8

 

 i) In any Redevelopment Scheme where the Co-operative Housing Society/Developer appointed by the Co-operative Housing Society has obtained No Objection Certificate from the MHADA, thereby sanctioning additional balance FSI with the consent of 51% of its members and where such NOC holder has made provision for alternative permanent accommodation in the proposed building (including transit accommodation), then it shall be obligatory for all the occupiers/members to participate in the Redevelopment Scheme and vacate the existing tenements for the purpose of redevelopment. In case of failure to vacate the existing tenements, the provisions of relevant sections of the MHADA Act mutatis mutandis shall apply for the purpose of getting the tenements vacated from the non-cooperative members.

 

ii) For the redevelopment of buildings in any existing Housing Scheme of MHADA under clause 7.4.8(i) hereinabove, by MHADA, the consent of the Co-operative Housing Society in the form of a valid Resolution as per the Co-operative Societies Act, 1960 will be sufficient. In respect of members not cooperating

 as per approval of the redevelopment project, action under relevant sections of the Maharashtra Housing and Area Development Act, 1976 may be taken by MHADA.

 

7.4.9 

 

A corpus fund, as may be decided by MHADA, shall be created by the Developer which shall remain with the Co-operative Housing Societies for the maintenance of the new buildings under the Rehabilitation Component.

 

7.4.10 

 

i) In case of the layout of MHADA where development is proposed under this Regulation and where such land is observed to be partially occupied by a slum, under section 4 of the Slum Act existing prior to 1.1.2000 or such other reference date notified by the Govt., then for integrated development of the entire layout area and in order to promote flexibility, MHADA may propose development, including area occupied by the slum, under this regulation.

 

ii) a) Each eligible residential or residential cum commercial slum dweller shall be entitled to a tenement of carpet area of 27.88 sq.m. (300 sq.ft.) and

    

     b) Existing or 20.90 sq.m. whichever is less in case of non-residential.

 

iii) If such land occupied by slum is observed to be affected by reservation then the development of reservation on land occupied by slum shall be regulated by the Slum Regulation.

 

iv) Corpus fund: An amount as may be decided by SRA as per Regulation shall be deposited with MHADA Authority for each eligible slum dweller.

 

 

Related Regulations to Rule No. 7

 

Rule No. 7.0 in UDCPR 2020

 

Entitlement of FSI for Road Widening or Construction of New Roads or Surrender of Reserved Land in UDCPR 2020

 

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

 

Redevelopment of Existing Buildings in UDCPR 2020

 

Development of Housing for EWS and LIG in UDCPR 2020

 

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

 

Regulation for Development of Biotechnology Parks in UDCPR 2020

 

Incentive for Green Buildings in UDCPR 2020

 

Buildings of Smart Fin Tech Centre in UDCPR 2020

 

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

 

Pune Corporation Parking Rules For Car, Scooter, Cycle, etc

 

Parking standards, parking dimensions, parking size –

 

Parking spaces

 

 Wherever a property is to be developed or redeveloped, parking spaces at the scale laid down in these shall be provided. When additions are made to an existing building, the new parking requirements shall be reckoned with reference to the additional space only and not to the whole of building, but this concession shall not apply where the use is changed. The provisions for parking of vehicles shall be as given in Table No. 1

 

 

General parking space requirements

 

(a) Types of parking: The parking spaces mentioned below include parking spaces in basements or on a floor supported by stilts, podium or on upper floors, covered or uncovered spaces in the plot and / or lock up garages. The height of the stilt shall generally be allowed up to 3 m. and shall not be less than 2.5 m. from bottom of beam. More height may be allowed in case of shopping mall, hotels etc. as per requirements.

 

(b) Size of parking space – The minimum sizes of parking spaces to be provided shall be as shown below in Table. No 2.

 

 

Bus Parking Dimensions, Bike Parking Dimensions, Standard Car Parking Dimensions

 

Standard


Parking Size – Table No 2

 

Type of VehicleArea of parking space
Motor vehicle2.5 m X 5 m
Scooter, Motor Cycle.1.0 m. x 2.0 m.
Bicycle0.50 m x 1.4 m.
Transport vehicle3.75 m. X 7.5 m.

Note – In the case of parking spaces for motor vehicle, up to 50 % of the prescribed space may be of the size of 2.3 m. X 4.5 m.


(c) Marking of parking spaces: Parking space shall be paved and clearly marked for different types of vehicles.

 

(d)  Maneuvering and  other ancillary spaces: Off street parking space must have adequate vehicular access to a street and the area shall be exclusive, aisles and such other provisions required for adequate maneuvering of vehicle.

 

(e) Ramps for Basement parking: Ramps for parking in basement should conform to the requirement of Regulation no. 18

Occupancy CarScooterCycle
1. Residential150 sq.m.& above322
i) Multi-family residential80 – 150 sq.m.222
  two units242
  40 – 80 sq.m.   
 two units144
  0 sq.m – 40 sq.m.   
ii) Lodging tourist homes, hotels with lodging accommodation.5 guest rooms344
iii) Restaurants grade 1,2,3For 50 sqm284
 carpet area   
iv) 4 star / 5 star hotels5 guest rooms364
2. Institutional (Hospital, Medical Institutions)For 10 beds.31210
b) MultiplexFor 40 seats6164
d) Community hall and club house in layout open spaceFor 100 sq.m. area142
3. Educational100 sq.m admin area244
a) Schools and the administrative as well as public service areas thereinFor 3 class rooms2 bus1060
b) College and administrative as well as public service area therein.100 sq.m admin area22010
  For 3 class rooms29030
c) Coaching Classes / Tution Classes/ Hobby ClassesFor 20 students1510
4. Government or semi public or private business buildings.For 100sq. m.3154
a) Mercantile (markets, department al stores, shops and other Commercials users)
including wholesale markets
For 100sq. m393
b) Whole sale shopFor 100sq. m242
c) Hazardous buildingFor 100sq.m.144
d) Office and I.T. BuildingFor 200sq. m.5124
5. IndustrialFor 300sq. m.4124
6. Storage (any type)For 300sq. m.148

 

 Two-wheeler Parking Rules in Society

 

Notes below table:-

 

1) For plots up to 100 sq. m. as in the case of shops, row houses parking space need not be insisted.

 

2) Fraction of parking unit need not be provided. However, in case where proportional number of vehicles is less than 1 (i.e. fraction) it will be rounded to the next full number.

 

3) In case of independent single family residential bungalows having plot area upto 300 sq. m., parking space need not be insisted separately.

 

4) In case parking as per above norms is not feasible due to site conditions, Mechanical /Hydraulic Parking shall be permissible at different level subject to satisfaction of all technical norms as per site conditions.

 

5) Independent building proposed only for parking may be permitted within the same premises but only after leaving the required marginal distance.

 

Parking Standards –

 

i) Off street parking space shall be provided with adequate vehicular access to a street, and the area of drives, aisles and such other provisions required for adequate manoeuvring of vehicle shall be exclusive of the parking space stipulated in these regulations.

 

ii)  To meet  the  parking requirements  as  per  these  regulations,  common  parking area  for  group  of buildings,  open  or multi-storeyed,  may be allowed in the same premises.

 

iii) In addition to the parking spaces provided for building of Mercantile (Commercial) like office, market, departmental store, shopping mall and building of industrial and storage, loading and unloading spaces shall be provided at the rate of one space for each 1000 sq.m. of floor area or fraction thereof exceeding the first 200 sq. m. of floor area, shall be provided. The space shall not be less than 3.75 m. x 7.5 m.

 

iv) The space to be left out for parking as given in this Regulation shall be in addition to the marginal distances left out for lighting and ventilation purposes. However, those spaces may be used for parking provided minimum distance of 3 m. (6.0 m. in case of special building) around the buildings is kept free of any parking or loading and unloading spaces. Such parking area may be allowed to cover on top by sheet roofing so as not to infringe the marginal distances to be kept open.

 

v) In case of parking spaces provided in basements, at least two separate ramps of adequate width and slope for entry and exit at opposite ends or one ramp with 6.0m. meter width shall be provided (as per Regulation No. 18.11) where parking of motor vehicles is envisaged.

 

vi) Mechanical/Hydraulic parking may be allowed over and above required parking
 

Pre Construction Tips 7 Things to Check

Planning to start a constructional project? Good! But do you really know following things?

what you need to do to reach the construction phase? One may have various question in mind. like

What are the things to consider before building a house?

Different stages of building construction?

Is there any list of preconstruction services ?

What are pre construction planning stages ?

  A lot of us think that construction of a building only needs architects, a bunch of labors, electrician, plumbers, and money. Well, we don’t blame this way of thinking since we have always been portraying this picture when construction is concerned. But every construction project begins only after clearing all the essential legal pre-construction activities. This pre-construction process is little difficult but it make your home or building legally strong & sound. 

Tip – 1

Legal clearance of Land to get site control

The major benchmark before starting any construction process is to gain the complete site acquisition. Complete all the legal process that would define you as the site owner or something that legally gives you the site control. If you are thinking for the reason of its importance let us tell you that mostly the financing sources are unable to release the funds unless and until you have the site control.

These includes – 7/12, property card, Land demarcations, Title & search report, All mutation entries (ferfar), Society allotment letter, sale deed etc

Tip -2

Obtain the project financing

No project can stand strong if the finances are poor. So before starting any of the construction processes make sure you have strong financing in place. But what does actually in place mean? Not every penny can be ready and in hand, the least you could on your end is make sure your financing parties will deliver your need on time effortlessly. There are a lot of banks that offer constructional and another financing for a single project.

Not all Pre-constructional planning phases are in sequence so need to keep the department of financing alert as anything might come up anytime.

For financing you may need following documents –

Land ownership documents (given in tip -1 ), Pan card, Aadhar card, 3 years IT return statement, project estimate, Blue prints, documents of mortgage, salary slip (if any) etc.

Tip – 3

Architectural construction documents & Approvals

Before starting any pre-construction activity the third-party approvals are very important since you cannot start any construction without approval from local planning authority. A general contractor or your architect can get it done on your behalf. Generally, your project will be  reviewed by three main entities –

 – Approval plans & Building drawings

 – Construction team & their licences (contractor, architect, plumber, structural engineer)

 – Health & safety related assurance

 – Precautions to be followed during construction

 – Building rules of local area

Tip – 4 

Site Clearance and Installation of safety measures.

Building foot-print & 2m surrounding space should be cleared on site to start construction. Approach road to the construction area should be cleared so that construction equipments like RMC, JCB, Piling Machine, trucks carrying building material can reach the construction area easily.

Any accident happened on site can bring legal stay on project. Hence appropriate measures for labour safety must be taken.  

Tip – 5

Be Ready with Precise Project Management Plan

As you move forward by finalizing the different components of the project you need to invest your time tailoring the elite project management practices and plans to execute it. If you want to keep your project on track your team must know what the plan is and get ready to deliver it efficiently. 

Schedule your activities considering climatic conditions eg- complete under ground activities like foundation & footing before Rainy season. Plan your activities considering various speed up techniques, like 3rd floor slab & 1st floor brick work can be done simultaneously. 

Tip – 6

Appointment of Good Consultants – 

There is a great difference between knowing something and analyzing something. We recommend you to select consultant’s who not only listen you but analyze your needs properly. Here is list of various consultants for your construction –

Design Architect, Liasoning agency, Structural Consultant, Civil Contractor, Site Supervisor, Plumbing and Electrical consultant (MEP), Landscape Architect, Interior Designer.

Tip – 7

Estimate of Time

Estimate time required for completion of your project. This time must be calculated on real experiences of your surrounding projects. This will help you to plan your shifting (if you are currently using land for some purpose). All your day to day activities like office, job etc will be disturbed during this time. Time estimate will help you to manage it well.

Even during construction you will have to keep follow up to your schedule so that everything is done on time.

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

 

Rules for Railway Line, River, Electric Line, Airport, Nallah 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.

 

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. 3.1 Requirements of Site

 

Rule No. 3.1.1 Site Not Eligible for Construction of Building

 

No piece of land shall be used as a site for the construction of the building,

 

i)  If the Authority considers that the site is insanitary, incapable of being well-drained, or is dangerous to construct a building on it;

 

ii)  If the entire site is within a distance of 6.0 m. from the edge of the watermark of a minor watercourse (like nallah, canal) and 15.0 m. from the edge of the watermark of a major watercourse (like the river) shown on Development Plan/Regional Plan or village/city survey map or otherwise;

 

Provided that where a minor watercourse passes through a low-lying land without any well-defined banks, the owner of the property may be permitted by the Authority to canalize the watercourse within the same land without changing the overall alignment and the position of the inlet and outlet of the watercourse according to cross-section as determined by the Authority. In such case, marginal open space shall be stipulated under these regulations and shall be measured from the edge of the trained nallah;

 

iii)  If the site is hilly and has a gradient of more than 1:5;

 

iv)  If the site is not drained properly or is incapable of being well drained;

 

v)  If the owner of the building has not proposed appropriate measures required to safeguard the construction from constantly getting damp to the satisfaction of the Authority;

 

vi)  In case the building is proposed on any area filled up with carcasses, excreta, filth, and offensive matter, then a certificate from the Authority to the effect that it is safe from the health and sanitary point of view, to be built upon, is required;

 

vii)  If the use of the site is for the purpose, which in the opinion of the Authority will be a source of annoyance to the health and comfort of the inhabitants of the neighborhood;

 

viii)  If the proposed occupancy of the building on the site does not conform to the land use proposals in the development plans/Regional Plan or Zoning Regulations;

 

ix)  If the level of the site is less than the prescribed datum level depending on topography and drainage aspects;

 

x)  If it doesn’t derive access from an authorized street/means of access of adequate width as described in these Regulations;

 

xi)  If it is within the river and blue flood line of the river (prohibitive zone), unless otherwise specified in these regulations;

 

xii)  If the site is within the boundary of the Coastal Regulation Zone where CRZ Regulation does not allow development;

 

xiii)  If the site is not developable by virtue of restrictions imposed under any law or guidelines of any Government Department;

 

xiv)  If the entire site is within a distance of 50.0 m. from the mean high flood level of a wetland. The mean shall be calculated as per the provisions of Wetlands (Conservation and Management) Rules, 2017.

 

Rule No. 3.1.2  Distance of Site from Electric Lines

 

No structure, including verandah or balcony, shall be allowed to be erected or re-erected, or any additions or alterations made to a building on a site within the distance quoted in Table No.3 below in accordance with the prevailing Indian Electricity Rules and its amendments from time to time between the building and any overhead electric supply line.

 

Table No. 3 - Distance of site from Electric Lines

Electric LinesVertical (Meters)Horizontal (Meters)
Low and Medium-voltage Lines2.501.20
High voltage lines up to and including 33000 V.3.702.00
Extra High voltage lines beyond 33,000 V3.702.00
Note - The minimum clearance specified above shall be measured from maximum sag for vertical clearance and from maximum deflection due to wind pressure for horizontal clearance.

 

Rule No. 3.1.3  Construction within Blue and Red Flood Line

 

i) Where Blue and Red flood lines are marked on the Development Plan/Regional Plan or received from the Irrigation Department.

 

a) The Red Flood Line and Blue Flood Line shall be considered as per the plan prepared by the Irrigation Department. The area between the river bank and the blue flood line (Flood line near the river bank) shall be a prohibited zone for any construction except parking, open vegetable market, garden, lawns, open space, cremation and the burial ground, sewage treatment plant, water/gas /drainage pipelines, public toilet or like uses, provided the land is feasible for such utilization.

 

Provided that, redevelopment of the existing authorized properties, within the river bank and blue flood line, may be permitted at a plinth height of 0.45 m, above the red flood line level.

 

b) The area between the blue flood line and the red flood line shall be a restrictive zone for the purposes of construction. The construction within this area may be permitted at a height of 0.45 m, above the red flood line level.

 

c) If the area between the river bank and the blue flood line forms part of the entire plot in the Development Zone, then, FSI of such part of the land may be allowed to be utilized on the remaining land.

d) The red and blue flood line, if shown on the Development/Regional Plan/Planning Proposal, shall stand modified as and when it is modified by the Irrigation Department.

 

ii) Where the Blue and Red flood line is not marked on the Development Plan/Regional Plan or not received from the Irrigation Department.

 

Where the Blue and Red flood line is not marked on the Development Plan/Regional Plan or not received from the Irrigation Department, the tentative Blue line shall be earmarked taking into consideration the maximum observed flood level records available locally and also interacting with the residents in the area. The plan showing such a tentative Blue line shall be got approved by the Chief Engineer, Irrigation Department. The distance of 50.0 m. on the landward side from this tentative Blue line shall be treated as a No Construction Zone.

 

In such cases, provisions of Regulation No.3.1.3(i)(a,b,c,d) shall be applicable to that extent.

Till such a tentative Blue line is prepared and marked on the plan, the development permission shall be governed by the provisions of Regulation No.3.1.1(ii) (mentioned above).

 

Rule No. 3.1.4  Development within 30.0 m. Distance from Railway Boundary

 

For any construction within 30.0 m. from the railway boundary, a No Objection Certificate from the Railway Authority shall be necessary.

 

Rule No. 3.1.5  Environmental Clearance

 

An environmental clearance certificate shall be submitted for the project as may be prescribed by the Ministry of Environment from time to time.

 

Rule No. 3.1.6 Development along Highways/Classified Roads

 

The development along the highways shall be subject to the provisions of the State Highways Act, 1965 and National Highway Act, 1956, and orders issued by the Public Works Department, directives issued by the Urban Development Department vide Resolution No.TPS-1819/UOR-36/19/UD-13, dated 5.8.2019, in this regard, from time to time. (1) All the classified roads passing through the (1) ULBs, i.e., Municipal Corporations / Municipal Councils/Nagar Panchayats, shall be treated as city roads.

 

A service road specified in Regulation 3.3.8 shall be provided along State and National Highways on both sides. Where service road of 12.0 m. width is already provided in adjoining land, such service road of the same width may be continued in the development permission. Such service roads may not be insisted on if there is no continuity from junction to junction due to existing authorized development/construction.

 

Rule No. 3.1.7  Development within a certain distance from the Prison Premises

 

The development within 150 m., 100 m., 50 m. from the perimeter wall of Central Prison, District Prison, and any Sub Prison, respectively, shall be regulated and may be permitted with the prior consent of the committee constituted in this regard by the Home Department. This provision shall be subject to the orders issued by the Government from time to time.

 

Rule No. 3.1.8  Distances from Landfill Sites

 

For any residential development, segregating distance from the landfill site shall be observed as specified under Solid Waste Management Rules in force from time to time or as specified by competent authority.

 

Rule No. 3.1.9  Restrictions in the vicinity of Airport

 

For structures, installations, or buildings, including installations in the vicinity of airports,

i)  The height shall be restricted to permissible top elevation as mentioned on Colour Coded Zoning Maps (CCZM) prepared by the Airport Authority of India (AAI) and published on its website.

 

ii)  For any additional height beyond that mentioned in i) above, prior NOC from AAI shall be submitted.

 

iii) A prior NOC from AAI shall be submitted for the areas depicted in red on CCZM.

 

Note -

 

a)  The height permitted by CCZM is indicated Above the Mean Sea Level, i.e., AMSL.

 

b)  Building height permitted, i.e., Above Ground level (AGL), shall be calculated as CCZM height minus the site elevation of the plot.

 

Height of building (AGL) = CCZM height - site elevation.

 

c)  In the absence of aforesaid map, a no objection certificate of the Airport Authority of India shall be required.

 

Explanation

 

i)  Irrespective of their distance from the airport, even beyond the 20 km. Limit from the aerodrome reference point, no building, radio masts, or similar installation exceeding 150 m. in height shall be erected without prior permission of the Civil Aviation Authorities.

 

ii)  The location of a slaughterhouse/abattoir/butcher house or other areas for activities like depositing of garbage, which may encourage the collection of high-flying birds, like eagles and hawks, shall not be permitted within 10 km. from the aerodrome reference point.

 

Rule No. 3.1.10  Restrictions in the Vicinity of Ancient Monuments

 

1)  The Restrictions for Development in the vicinity of the protected monuments of national importance as prescribed under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, shall be observed.

 

2)  The Restrictions for Development in the vicinity of the protected monuments of state importance as prescribed under the Ancient Monuments and Archaeological Sites and Remains Act, 1960, shall be observed.

 

Rule No. 3.1.11  Restriction under the Works of Defence Act, 1903

 

The restrictions imposed under the Work of Defense Act, 1903 shall be applicable, and no development in contravention with the notification shall be permissible.

 

Whether the area affected by the notification under the Works of Defense Act - 1903, is earmarked in the Development Plan/Regional Plan or not, it shall be permissible to treat the area under such restrictive zone as marginal distance at the time of construction of any building proposed on contiguous unaffected area.

 

Provided that, it shall be permissible to utilize the FSI and also the receiving potential of the land under this zone, as otherwise permissible, on the remaining contiguous unaffected land of the same land owner.

 

Rule No. 3.1.12  Distance from Natural Lake and Dam.

 

In the Regional Plan area, no construction shall be allowed within 100 m. of the high flood line of the natural lake.

 

In the Development Plan area, development around the natural lake shall be governed by the provisions made in such plan. In the absence of the provisions in such a plan, the distance specified by the Irrigation Department shall be followed.

 

The regulation regarding clear distances from the High flood line while carrying out any development of any land around the dam and foothill areas as notified and the norms regarding distance as prescribed in Government of Maharashtra, Water Resources Department Marathi Circular No. dt.08/03/2018 and amendments therein, from

time to time, will be applicable henceforth, subject to the following condition.

 

Condition : The concerned land owners/users are prohibited from discharging any garbage/water sewage/waste generated from its premises in the reservoir. It will be compulsory and binding on the land owner/user to make necessary arrangements within the premises for water and sewage disposal management and maintain the zero discharge condition at his own cost.

 

Rule No. 3.1.13 Authorities to Supply Complete Information about Restrictions to the Authority

 

The concerned authority putting restrictions as per their respective legislations/regulations/rules as mentioned above shall make available to the Authority full details of restrictions (including graded restrictions, if any) along with the relevant map detailing restrictions. In the interest of increasing ease of doing business, no individual applicant should be required to approach the concerned departments for NOC. However it is the duty of the applicant to ensure that restrictions informed by the above said authorities are followed scrupulously. The Authority shall make a reference to this effect to the concerned authorities and ensure compliance with the restriction informed by them while sanctioning the development permission.

 

Such information shall be published by the Authority on its notice board/ website and also update it as and when it is updated by the concerned department.

 

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

 

Provision for Amenity Space in UDCPR 2020

 

Minimum Plot Area for Various Uses in UDCPR 2020

 

Provision for Inclusive Housing in UDCPR 2020

 

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

 

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