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as on November 20, 2024

Abhishek rajesh naikude

Pune, Maharashtra 411033

Experts In:PMC ,   Property Tax ,   Property Tax NOC  

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Introduction

 

Property Tax NOC or Tax NOC is an important document indicating whether there is any tax due on the Property say land or building. This is required during building permission. This tax varies as per the area of the plot, built-up area of the building, use of the building, etc.

 

What is Property Tax NOC?   

 

Tax Noc is a No Dues Certificate of a particular Land/Building which is issued by the municipal corporation after full payment of Property Tax.

 

For a property, there are two types of tax in the municipal council.

 

This is applicable to all properties and open land -

 

i) Open Land Tax

 

This type of Tax is assessed based on Plot area. Once the building receives an Occupation certificate, building tax is applicable.

 

ii) Property Tax

 

For every apartment, and building in the municipal council tax is applicable. This tax is assessed on the basis of the built-up Area or carpet area of that property.

 

When is Tax NOC Required?   

 

Tax no objection certificate is majorly required while obtaining building permission, civil renovation permission from Pune corporation or Mumbai corporation, or when buying and selling any property.

 

What are the documents required for Tax NOC?  

 

For getting tax NOC, running year tax should be paid. In such a case, anyone can get this NOC by visiting the corporation's website.

 

But while assessment of Property Tax the following documents are required -

 

1) Documents establishing ownership like Sale deed/Index II/7-12 extract/City survey extract.

 

2) Documents issued by the Building Permission Department.

 

a. Building Permission Certificate /Occupancy Certificate.

b. Building Completion Certificate

c. Approved Plan

 

How much is the cost required to get Tax NOC?   

 

Fees for Tax NOC is Rs.25/- as a certificate fee, which is to be paid at to be paid at ward office after full payment of property tax. At the same time, No fees are charged for the assessment of property tax.

 

What is the time duration required for Tax NOC?

 

You will get a No Dues Certificate or Tax NOC within 3 days of tax payment of the property. For the assessment of property tax, if no objection is raised, it takes 21 days. If an objection is received, it takes 45 Days to complete the Property tax Assessment process.

 

Who Provides Tax NOC?

 

Government authorities like the Property Tax Department from Pune Municipal Corporation, PMRDA, provide you with the Tax NOC or No Dues certificate only after payment of property tax.

 

How to Get Property Tax NOC?  

 

To get Tax NOC, there are different processes in PMC and PMRDA or PCMC.

 

For PMC - The Online Process is as follows -

 

Step 1: Visit the official website of the PMC property tax department.

 

https://propertytax.punecorporation.org/

 

Click on the “Tax Receipt”

 

Step 2: Click on Get Pune property tax receipt online PMC

 

Enter Property Details Pune PMC & click on the “Submit” button.

 

Step 3: You will then be taken to the next screen which shows all the information about the property details that you entered in Step 2.

 

Get Pune property tax receipt online PMC. Property Tax Details

 

Use the “Click Here” button to view the details of previously paid tax for that property.

 

Step 4: You will see a column called “Challan Number” This column shows all the Challans of property tax that you paid. You can click on the Challan number for which you need a print out.

 

Where Do We Provide this Service ?  

 

This service can be done for Pimpri Chinchwad municipal council, PMC, Pune corporation, PCMC, PMRDA, Nagar Palika, Mahanagar Palika, Thane, Mumbai, Kalyan, All ward office of Pune.

 

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Tax NOC Consultant in Pune, Tax NOC agent, Tax NOC Consultant, building NOC, NOC for construction of the house, NOC for building construction, NOC for building


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Tax NOC in Pune, Tax NOC in Mumbai, Tax NOC in Nasik, Tax NOC in Aurangabad, Tax NOC in Nagpur,  Tax NOC in Solapur, Tax NOC in Sangli, Tax NOC in Satara.

 

Habitable Rooms as Requirements of Part of Building in UDCPR 2020

Before constructing a building several requirements need to be considered, for any rooms, garages, or basements of a building. These requirements can be as the plinth of the building, size, and height of the rooms, doorways, stairways, etc.

 

UDCPR Chapter 9 is all about the requirements of part of the building. 

 

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. 9.0 Standard Requirements of Various Parts of Buildings

 

This part sets out the standard space requirements of various parts of the building, light and ventilation, the building services, fire safety, etc. The following parts of a building, wherever present, shall conform to the requirements given herein:

 

Rule No. 9.1 Plinth

 

i) The plinth of the building shall be so located with respect to the surrounding ground level that adequate drainage of the site is assured. The height of the plinth shall not be less than 30 cm. above the surrounding ground level. In areas subjected to flooding, the height of the plinth shall be at least 45 cm. above the high flood level.

 

ii) Covered parking spaces and garages shall be raised at least 15 cm. above the surrounding ground level and shall be satisfactorily drained.

 

Rule No. 9.2 Habitable Rooms

 

9.2.1 Size and Dimension of Habitable Rooms

 

Size and dimension of habitable rooms, shall be as per requirement and convenience of the owner.

 

9.2.2  Height of Habitable Rooms

 

The minimum and maximum height of a habitable room shall be given in Table No.9-A here under :

 

Table No.9-A

Sr. NoOccupancyMinimum Height (m.)Maximum Height (m.)
(1)(2)(3)(4)
1Flat Roof - 
 
a) Any habitable room2.754.5
a 1) Habitable room in EWS / LIG Housing.2.754.2
b) Air-conditioned habitable room2.44.5
c) Assembly Halls, Residential Hotels of 3-star category and above, Institutional, Educational, Industrial, Hazardous or storage occupancies, Departmental Stores, Malls, IT Buildings, Office Buildings, Exhibition Centre, Convention Halls, Theatre, Film Studio, Entrance Halls and Lobbies to these buildings.

3.0
(2.40 m. in case

of Air conditioned room)

6.00 or higher according to the requirement of occupancy.
d) Shops3.004.5
2Pitched roof-  
 a) Any habitable room2.75 (average with 2.0 m. at the lowest point)

4.5 (average with

3.2 m. at the lowest point)

 b) Habitable room in EWS / LIG Housing.2.6 (average with 2.0 m. at the lowest point)

4.2 (average with

3.2 m. at the lowest point)

 

Provided that the minimum headway under any beam shall be 2.4 m.

Provided further that height more than that specified above, if required for a particular occupancy, shall not be counted towards the calculation of FSI.

 

Rule No. 9.3 Kitchen

 

9.3.1 Size of Kitchen

 

The size of the kitchen or a cooking alcove serving as cooking space shall be as per the requirement and convenience of the owner.

 

9.3.2  Height of Kitchen

 

The height of a kitchen measured from the surface of the floor, to the lowest point in the ceiling (bottom of slab) shall not be less than 2.75 m except for the portion to accommodate the floor trap of the upper floor.

 

Rule No. 9.4 Bath Rooms, Water Closets, Combined Bath Room and Water Closet

 

9.4.1 Size of bathroom and water closet

 

The minimum size shall be as follows -

 

i)  Independent Bathroom 1.00 m. x 1.20 m.

 

ii)  Independent Water closet 0.9 m. x 0.9 m.

 

iii)  Combined bathroom and water closet 1.50 sq.m. with a minimum width of 1.00 m.

 

9.4.2 Height of bathroom and water closet

 

The height of a bathroom or water closet measured from the surface of the floor to the lowest point in the ceiling (bottom of slab) shall be not less than 2.1 m.

 

9.4.3 Other requirements of bathroom and water closet

 

Every bathroom or water closet shall –

 

i)  be so situated that it derives ventilation from a ventilation shaft or external air;

 

ii)  have a window or ventilator, opening to a shaft or open space, of an area not less than 0.3 sq.m. with the side not less than 0.3 m.;

 

iii)  all the sewerage outlets shall be connected to the sewerage system. Where no such systems exist, a septic tank shall be provided within the plot conforming to the requirements of Regulation No.9.25.

 

Rule No. 9.5 Ledge or Tand/Loft

 

9.5.1 Location and Extent

 

Ledge or Tand may be provided at suitable places as per requirement. Lofts may be provided over kitchens, habitable rooms, bathrooms, water closets, and corridors within a tenement in residential buildings, over shops, and in an industrial building, as mentioned in below Table No.9-B subject to the following restrictions –

 

i)  The clear headroom under the Loft shall not be less than 2.1 m.

 

ii)  Loft in commercial areas and industrial buildings shall be located 2.0 m, away from the entrance.

 

iii)  Loft shall not interfere with the ventilation of the room under any circumstances.

 

iv)  The maximum height of the loft shall be 1.5m.

 

Table No.9-B - Provision of Loft

Sr. No.Rooms over which PermittedMaximum Coverage (Percentage to area or room below)
(1)(2)(3)
1Kitchen/Habitable Room25
2Bathroom, Water Closet, Corridor100
3Shops with widths up to 3.0 m.33
4Shops with a width exceeding 3.0 m.50
5Industrial33

 

9.5.2 Location and extent of Ledge for Air Conditioning unit

 

Ledge for the Air Conditioning unit may be provided on the exterior of the wall of the rooms of size not exceeding 0.5 m. x 1.0 m. at the suitable location.

 

Rule No. 9.6 Cupboard

 

9.6.1  

 

In residential buildings, cantilever projections of cupboards, floor to floor level, may be permitted except on the ground floor. Such projections excluding window area, may project up to 0.60 m. in the setbacks for buildings. However, the window frame shall be placed on the inner side of the wall and such cupboard shall be allowed only on one wall of each room. Moreover, such projection shall be at least 6.0 m. from the plot boundary in case of special buildings.

 

9.6.2  

 

For heights, 24.0 m. and more no cupboard shall reduce the marginal open space to less than 6.0 m. on the first floor and 4.5 m. on the upper floor. In congested areas, cupboards may be permitted on upper floors projecting in front setbacks except over lanes having a width of 4.50 m. or less and in marginal distances subject to 1.0

 

Rule No. 9.7 Mezzanine Floor

 

9.7.1  Size of Mezzanine Floor

 

The minimum size of the mezzanine floor shall be as per the requirement and convenience of the owner. The aggregate area of such mezzanine floor shall in no case exceed 50% of the carpet area of that room, shops, etc. Where a loft is provided in the room, the mezzanine floor shall not be allowed.

 

Note - Mezzanine floor area shall be counted towards FSI.

 

9.7.2  Height of Mezzanine Floor

 

The headroom under the mezzanine floor shall not be less than 2.1 m.

 

9.7.3 Other requirements of mezzanine floor

 

A mezzanine floor may be permitted in a room or within a space, provided -

 

i) it conforms to the standards of living rooms as regards lighting and ventilation in case the mezzanine floor is used as a habitable room.

 

ii)  it is so constructed as not to interfere, under any circumstances, with the ventilation of the space over & under it.

 

iii)  such mezzanine floor or any part thereof will not be used as a kitchen.

 

iv)  it is at least 1.8 m, away from the front wall of such rooms.

 

v)  access to the mezzanine floor is from within the respective room only.

 

vi)  in no case shall a mezzanine floor be closed to make it liable to be converted into unventilated compartments.

 

Rule No. 9.8 Store Room

 

9.8.1 Size of Store Room

 

The area of a store room/room, if provided in a residential building, where light, ventilation, and height are provided at standards lower than as required for the living room, shall be as per requirements and convenience of the owner.

 

Rule No. 9.9 Garage 

 

9.9.1 Size of Private Garage

 

The size of a garage in individual residential buildings shall not be less than 2.5 m. x 5.0 m. and not more than 3.0 m. x 6.0 m. The garage, if located in the side open space, shall not be constructed within 3.0 m. from the main building, but at least 7.5 m, away from the any access road. The area of the garage shall be included in FSI.

 

9.9.2 Height of private Garage

 

The minimum and maximum height of the garage shall be 2.4 m. and 2.75 m. respectively.

 

9.9.3 Plinth of private Garage

 

The plinth of a garage located at ground level shall not be less than 15 cm. above the surrounding ground level.

 

9.9.4 Set Back of Private Garage

 

The garage shall be set back behind the building line for a street or road on which the plot abuts and shall not be located affecting the access ways to the building.

 

When the site fronts on two streets, the location of a garage (in a corner plot) (if provided within the marginal distances) shall be on diagonally opposite the point of intersections.

 

Rule No. 9.10 Roofs

 

9.10.1 

 

The roof of a building shall be so constructed or framed as to permit effectual drainage of the rainwater therefrom by means of sufficient rainwater pipes of adequate size, wherever required, so arranged, jointed, and fixed as to ensure that the rainwater is carried away from the building without causing dampness in any part of the walls or foundations of the building or those of an adjacent building.

 

9.10.2

 

The Top Terrace of a building shall not be subdivided and it shall have only common access. However, intermediate terraces may be allowed to be attached to flats and shall not be counted in the balcony area.

 

9.10.3

 

The Authority may require rainwater pipes to be connected to a drain or sewer through a covered channel formed beneath the public footpath to connect the rainwater pipe to the road gutter or in any other approved manner, if not used for rainwater harvesting.

 

Rainwater pipes shall be affixed to the outside of the walls of the buildings or in recesses or chases cut or formed in such walls or in such other manner as may be necessary.

 

Rule No. 9.15 Supported Double Height Terraces

 

Supported double-height terraces shall be permitted (open terraces with railing and minimum height equal to two floors) within the building line.

 

Rule No. 9.31 Additional Requirements In Case of Housing Schemes

 

The following amenities shall be provided in any housing scheme and shall be counted in FSI.

 

i)  Fitness Centre, Crèche, society office cum letter box room, admeasuring area of about 20 sq.m. in scheme having minimum 100 flats and thereafter additional 20 sq.m. area for every 300 flats.

 

ii)  Sanitary block for servants having a maximum area of 3.0 sq.m. in schemes having minimum100 flats and thereafter additional 3.0 sq.m. area for every 200 flats.

 

iii)  Drivers room of size 12.0 sq.m. with attached toilet in schemes having minimum 100 flats and thereafter additional 10.0 sq.m. area for every 300 flats.

 

In case of a scheme having more than 1000 flats, the above amenities shall be reasonably provided keeping in view the above requirements.

 

iv) Every Residential building having more than 6 flats/tenements shall have an entrance lobby of a minimum of 9.0 sq.m. on the ground floor. The minimum dimension of such a lobby shall not be less than 2.50 m.

 

v) The requirements at (i) to (iii) above shall firstly be provided for the building having 30 (1) to 100 tenements and thereafter the quantum mentioned in the said provisions shall be provided.

 

Rule No. 9.32 Fire Protection Requirement

 

All special buildings shall be planned, designed, and constructed to ensure fire safety and this shall be done in accordance with the regulations of Maharashtra Fire Prevention and Life Safety Measures Act, 2006. For the provisions not included in these regulations and the said Act, provisions mentioned in Part IV of Fire Protection of National Building Code India, amended from time to time shall be referred to and prevail.

 

Related Regulations to Rule No. 9

 

Basements as Requirements of Part of Building in UDCPR 2020

 

Ramp as Requirements of Part of Building in UDCPR 2020

 

Balcony as Requirements of Part of Building in UDCPR 2020

 

Provision of Lift as Requirements of Part of Building in UDCPR 2020

 

Lighting and Ventilation of Room as Requirements of Part of Building in UDCPR 2020

 

Compound Wall and Other Requirements of Part of Building in UDCPR 2020

 

Regulations for Height of Building in UDCPR 2020

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

 

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

 

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

 

Rule No. 6.10 Height Of Building
 

This regulation shall be applicable for buildings to be constructed in all land use zones, unless and otherwise specified in the respective regulation.

 

6.10.1 (i) The height of the building shall be allowed to the extent mentioned below subject to the approval of the Chief Fire Officer of the Authority or Director of Fire services, if required, under these regulations.

 

Sr. No.Authority / AreaPermissible height (m.) excluding parking floor up to 6.0 m. height
1.For Pune, Pimpri-Chinchwad, Nagpur, Nashik, Municipal Corporations in MMR and Metropolitan Authorities area (2) and Area Development Authorities, Special Planning Authorities (3) CIDCO as Planning Authority by Virtue of NTDA within these areas.Permissible height as per approval from the Fire Department.
2.For the remaining Municipal Corporations area (2) and Area Development Authorities, Special Planning Authorities within these areas.70
3.For All Municipal Councils, Nagar Panchayats, Nonthe  Municipal Council D.P., and Regional Plan areas.50

 

Provided that higher height may be allowed in case of Integrated Township Project where a fire station and fire-fighting facilities are to be constructed/provided. Also, if such facilities are available in nearby areas of the project, then buildings of higher heights may be allowed in such projects. However, a necessary certificate to that effect and NOC shall be produced from the Director of Fire Services.

 

(ii) The building height is up to 24.0 m. shall be allowed on roads less than 12.0 m. For a building having a height of more than 24.0 m., the minimum road width shall be 12.0 m.

 

(iii)For buildings in the vicinity of aerodromes, the maximum height of buildings shall be subject to parameters framed by the Civil Aviation Authorities, or the development permission shall be considered only after the applicant produces NOC from the Airport Authority.

 

(iv) (a) In addition to (iii), for Industrial Chimneys in the vicinity of aerodromes, it shall be of such height and character as prescribed by Civil Aviation Authorities, and all Industrial Chimneys shall be of such character as prescribed by the Chief Inspector of Steam Boilers and Smoke Nuisance, and

 

(b) Buildings intended for hazardous godowns for storage of inflammable materials and storage of explosives shall be single-storied structures only.

 

(v) The buildings of height more than 70.0 m. shall be allowed subject to fulfilment of the requirements mentioned in Regulation No.6.12.

 

Rule No. 6.11 HEIGHT EXEMPTIONS

 

The appurtenant structures such as roof tanks and their supports, two toilets on the terrace not exceeding 8 sq.m. built-up area and height up to 3.0 m. in case of residential building, ventilating, air-conditioning structures, lift rooms and similar service equipment, stair cover, chimneys and parapet walls and architectural features not exceeding height allowed in these regulations, and Solar panels not exceeding 1.8 m. in height shall not be included in computation of height of building.

 

Rule No. 6.12 REQUIREMENTS IN CASE OF BUILDING MORE THAN 70.0 M. HEIGHT

 

It is mandatory for all the high rise buildings to comply with the requirements of Structural Design and Stability, Geo-technical and other aspects, and Fire Safety norms as per provisions of UDCPR, Maharashtra Fire (Prevention and Life Safety Measures) Act, 2006, and National Building Code of India, amended from time to time, for the aspects not covered in UDCPR. The certificates from structural and geo-technical engineers about the fulfillment of necessary requirements shall be attached with the application. The responsibility for the structural and other stability and safety of such high-rise buildings shall lie with the owner/developer and the concerned expert, consultant, and executants appointed by the owner/developer.

 

Rule No. 6.13 FSI OF LANDS AFFECTED BY HEMRL OR OTHER RESTRICTIONS

 

The lands that are affected by the restrictions of the High Energy Material Research Laboratory or provisions of other Central or State Government Acts, form the part of the entire land, then FSI of such affected land may be allowed to be utilized on the remaining contiguous land. However, sub-divisions of such land shall not be allowed.

 

Rule No. 6.14 PROVISION OF RECREATIONAL FLOOR

 

In the case of residential buildings having a height of more than 30.0 m., recreational floors may be allowed subject to the following -

 

i) The height of such floor shall be up to 4.5 m. and shall be open on all sides.

 

ii) Such floor shall be used for recreational purposes/activities, including the construction of a swimming pool, and shall be in addition to the recreational open space required as per UDCPR.

-

iii) One such floor may be allowed every 50.0 m. height; however, the first floor may be allowed after 30.0 m. height.

 

iv) Such floor shall not be counted in FSI; however, ancillary constructions like changing rooms, washrooms, etc. shall be computed in FSI.

 

 

Related Regulations to Rule No. 6 - 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Relocation of D.P Reservations (Except Road) 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.

 

Suppose the Authority considers that the site is insanitary, incapable of being well-drained, or dangerous to construct a building on. In that case, 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 appropriately drained in this case there, one cannot construct anything on the land without considering the regulations. This information about reservations and their use is essential 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 3.10 Transfer of Land Under D.P Sites (Other than D.P. Road) In Leau of FSI

 

If in any development proposal, the owner desires to hand over the reserved site/area free of cost to the Authority, then FSI of such reserved site/area equivalent to the TDR may be allowed to be utilized on the remaining land. The transfer deed to that effect shall be executed, and the FSI calculation shall be mentioned in the plans of the development proposal. In the case of plotted layout, distribution of FSI on plots in pursuance of such transfer shall be as desired by the owner and up to maximum building potential according to road width as mentioned in Regulation No.6.3. It may differ from plot to plot; however, the receiving plot shall front on the road having minimum 9.0 m. width. If some FSI remains unutilized, the owner shall be entitled for TDR against the remaining FSI. In such cases where in-situ FSI is proposed to be used, the DRC procedure shall not be insisted on.

 

3.11 Relocation of D.P/R.P Sites/Roads

 

If the land proposed to be laid out for any development is affected by any reservations of public purposes, the Authority may allow adjusting the location of such reservation to suit development without altering the area of such reservation. Provided that such shifting of the reservations shall not be permitted :-

 

a)  If the reservation proposed to be relocated is in parts.

 

b)  If the reservation proposed to be relocated is beyond 500 m. from the original location in the Development Plan.

 

c)  If the reservation proposed to be relocated is beyond the holding of the same owner.

 

d)  Unless the alternative location and size are at least similar to the location and size of the Development Plan as regards access, levels, etc.

 

e)  If the reservation is already relocated under these regulations.

 

f)  If the land is reserved considering its geographical location like Bio-Diversity Proposal, Nallah training reservation, etc., and;

 

g)  Unless the relocation is within the area covered by the layout or development permission under sanction.

 

All such relocation of the reservations shall be carried out by the Authority and shall be reported to the Government and Director of Town Planning, Maharashtra State at the time of sanctioning the development permission. The Development Plan is deemed to be modified to that extent. Notwithstanding anything contained in this regulation, the relocation of the reservation from a land may also be permitted on any land within 300 meters belonging to the other owner’s land if the said other owner consents (by way of registered deed) to such relocation of reservation on his land and consents to hand over his land to the Planning Authority where reservation is proposed to be relocated instead of TDR and also subject to restrictions mentioned in above sub Regulation No. (d), (e), and (f). In such case, the other owner may not insist on submitting the layout or development proposal for his land.

 

In case of shifting of road alignment, the same shall be allowed without change in the inlet & outlet points and also, without affecting the smooth flow of traffic.

 

Provided that such shifting shall be carried out by the Authority in consultation with the Divisional Joint Director of Town Planning in case of D-class Municipal Corporations, Municipal Councils, NagarPanchayats, and Regional Plan areas.

 

In such case of shifting, the Development Plan/Regional Plan shall be deemed to be modified to that extent.

 

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

 

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

 

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

 

Development of Tourism and Hospitality Services under Community Nature Conservancy around Wild Life Sanctuaries and National Park 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. 14.9 Development of Tourism and Hospitality Services under Community Nature Conservancy around Wild Life Sanctuaries and National Park

 

14.9.1 Applicability - 

 

These regulations shall apply to the privately owned (not applicable to forest land) lands falling in the Agriculture/No Development Zone situated within 5 km. distance from the boundaries of wildlife sanctuaries and national parks in the State of Maharashtra. The provisions of existing Regional Plans/Development Plans will prevail over these regulations, wherever lands are earmarked for urbanisable zones in such plans.

 

14.9.2 Regulation - 

 

For the lands situated within 5 km. distance (or up to a limit of notified eco-sensitive zone, whichever is more) from the boundaries of wildlife sanctuaries and national parks, if the land owner applies for development permission, for the development of eco-tourism, nature tourism, adventure tourism, same may be allowed; provided the land under consideration has a minimum area of one hectare in a contiguous manner.

 

i) Permissible users and built-up area -

 

The users permissible in the Agricultural Zone / No Development Zone area shall be as follows :-

 

a) Agriculture, Farming, development of wild animal shelters, plantation, and allied uses.

 

b) Tourist homes, Resorts, Hotels, etc. with Rooms/suites, support areas for reception, kitchen, utility services, etc. along with ancillary structures like covered parking, Watchman’s quarter, guard cabin, landscape elements, and only one observation tower per tourist resort up to the height of 15.0 m. with platform area up to 10 sq.m. in permanent / semi-permanent structural components.

 

ii) The norms for buildings shall be as follows -

 

a) The construction activities shall be as per the Zonal Master Plan/Regional Plan/Development Plan of the concerned protected area.

 

b) The maximum permissible total built-up area shall not exceed 10% of the gross area with only G + 1 structure having a height not more than 9.0 m. and it should blend with the surroundings.

 

c) The Fencing/fortification may be permissible for only 10% of the total land area around built-up structures in the form of chain links without masonry walls thereby keeping the remaining area free for the movement of wildlife.

 

d) Tourism infrastructure must conform to environment-friendly, low height, aesthetic architecture, natural cross ventilation; no use of asbestos, no air pollution, minimum outdoor lighting, and merging with the surrounding landscape. They should generate at least 50% of their total energy and fuel requirement from non-conventional energy sources like solar and biogas, etc.

 

e) The owner shall establish an effective sewage disposal and recycling system during the construction and operational phase of the development. No sewage shall be allowed to be discharged into the natural stream.

 

If in cases, where a lack of compliance is observed, the concerned authority should issue a notice to the resort owner/operator for corrective action within 15 days, failing to do so or having not been satisfied with the action taken or reply/justification received, any decision to shut down the unit may be taken, by the respective authority.

 

f) The owner shall establish effective systems for collection, segregation, composting and/or reuse of different types of solid waste collected during the construction and operational phase of the development.

 

g) The plastic components used within the area shall be recycled; failing which the resort shall be closed down within 48 hours.

 

h) Natural streams/slopes/terrain shall be kept as it is, except for the built-up area.

 

i) On an area other than 10% area, only local trees shall be planted and only natural vegetation shall be allowed.

 

j) For the development of such type already taken place, Condition no. (c) above shall be applicable retrospectively to the extent of restricting the fencing and keeping the remaining area free for the movement of wildlife.

 

k) While allowing such development, principles given in the National Tiger Conservation Authority, New Delhi Notification No.15-31/2012-NTCA, dated 15/10/2012 published in the Gazette of India Ext. pt. III S-4 dated 08/11/2012 and Government of Maharashtra as amended from time to time shall be used as guidelines.

 

l) All regulations prescribed in the Eco-Sensitive zone Notification of the concerned National Park/Wildlife Sanctuary should be strictly followed and all clearances required should be taken.

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020