UDCPR 2020 Chapter 12 is all about the Structural Safety, Water supply, Drainage, and Sanitary Requirements, Outdoor Display, And Other Services 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. 12.4 Building Services

1) The planning, design, and installation of electrical installations, air-conditioning, and heating work shall be carried out in accordance with Part-8 - Building Services, Section-2 - Electrical and allied Installations, Section-3 - Air Conditioning, heating and mechanical ventilation of National Building Code of India, amended from time to time.

2) The planning design including the number of lifts, type of lifts, capacity of lifts depending on the occupancy of the building; population on each floor based on occupant load, and height of the building shall be in accordance with Section-5 - installation of Lifts and Escalators of National Building Code of India, amended from time to time. In existing buildings, in case of a proposal for one additional floor, the existing lift may not be raised to the additional floor.

3)  The lifts shall be maintained in working order properly.

Related Regulations

You can visit our other blogs related to Regulations 12 through the below-mentioned links

Drainage and Sanitation Requirements in UDCPR 2020

Water Supply, Drainage, and Sanitary Requirements in UDCPR 2020

Alternatives Materials, Methods of Design & Construction, and Tests in UDCPR 2020

Signs and Outdoor Display Structures in UDCPR 2020

Quality of Materials and Workmanship in UDCPR 2020

Structural Safety, Water Supply, Drainage and Sanitary Requirements, Outdoor Display, and Other Services in UDCPR 2020

Content Table:

• What is NA?
• NA from the terminology of Foot2Feet?
• NA from common facts in feasibility report
• Misconceptions of NA
• Process to do NA in a Municipal corporation
• Process of NA in a Non-municipal corporation
• Conclusion

Lands or plots are broadly classified into three major types; Agricultural land, Non-agricultural land (NA) and Forest land.

What is NA?

Non-agricultural land or NA is a type of land on which residential or commercial buildings, factories, and industries can be constructed. Whereas, agricultural lands are typically lands devoted to agricultural activities. It is illegal to construct a residential or commercial estate upon agricultural lands.

A. NA from the terminology of Foot2Feet:

Non-agricultural land or NA can be from different zones like Urbanizable Zone, Industrial Zone, Recreational Zone & Residential Zone or R-Zone. For NA land, zone plays an important role. Any land is by default agriculture land in India, except the land in Gaothan area. NA land is not necessarily to be residential all the time, and similarly residential land is not necessarily NA land always.

B. NA from common facts in feasibility report:

Feasibility is one of the primary steps that owners, developers or builders conduct. The feasibility report states the possibilities and written statements that your land or piece of plot is possibly fit to withstand your planned project. It may contain graphs, statistics, statements, and an in-depth analysis of certain components.

After buying NA it is important to see if the land is feasible or not for construction. It assists in the growth and development of papers of execution and determines the required permissions and approvals needed for NA.

C. Misconceptions of NA:

There are few misconceptions regarding the non-agricultural land which need to be eradicated. Listed below are some of the myths that are often associated with NA:

1. Tax benefits: It is a common assumption among people that there are no tax benefits in buying NA land as against buying pre-built houses. Yes, it is true that the interest payable on a loan taken to buy a plot of land is tax deductible only if that land is used for generating income, unlike a loan taken to acquire a property. However, the interest can be capitalized and added to the cost of acquisition of the plot, which can help in reducing the capital gain tax liability at the time of sale of the plot.
2. Cost: Buying a piece of land does not need tonnes of cash, as it is in the case of buying pre-built houses. A good land deal can be locked at a moderate investment of Rs. 5-10 lakhs in a good location which is quite capable of yielding worthwhile returns in the long term, usually 5-7 years, but 10-15 years is always a better bet.
3. Loans: It’s a misconception that banks do not provide loans for buying NA land. But, banks do provide financing for buying land from statutory bodies or reputed developers. However, the interest rates for buying land are about 1-2% higher when compared to regular home loans. Also, the tenure of such a loan is restricted to a maximum of 7-10 years.

D. Process to do NA in a municipal corporation:

Before carrying out any development on the agricultural land, the occupant of the land has to apply to the collector for permission to convert the use of agricultural land for any non-agricultural purpose.

After converting the agricultural land into NA land, it becomes easier to receive permission for construction from the local governing bodies.

Let’s take a look at various steps to be followed to do the NA process:

1. Apply for building permission: In order to start any new building construction, the occupant or superior holder of land need to first furnish an application form along with the supporting documents to the District collector in whose jurisdiction the concerning agriculture land is situated.
2. Verification: After receiving the application request, the concerning District collector will acknowledge the application within seven days and send a copy of the application to Tahsildar. If the proposed area is within the jurisdiction of a Municipal corporation, the collector consults them concerning acquiring the building permit.
3. Get NA NOC from Tahsildar: TheTahsildar will check for revenue clearance and technical clearance. The tahsildar will also check certain parameters like if the applicant is the rightful occupant of land and is empowered to file for a change of land use if any dues are pending to any department by the occupant, and whether the local authority has any objections for land conversion.
4. Issuing of NA conversion order: The District collector will issue an order of conversion within a month of the date of payment of premium and then authorize the Tahsildar to change the particulars of the land by making necessary entries in the revenue records.
5. Pay NA Taxes: The land occupier or landholder has to pay NA land taxes from the date on which NA land use begins. If the occupier or holder fails to inform the Tahsildar within the period specified, he/she will be liable to pay in addition to the non-agricultural assessment fine of five hundred rupees to the District collector.

E. Process of NA in a non-municipal corporation:

If there is no Municipal Corporation or Municipal Council in the area for proposed conversion of agricultural land to non-agricultural land, the applicant needs to submit a No Objection Certificate (NOC) and clearance certificate.

F. Conclusion:

The process of land conversion from agricultural to non-agricultural might look tedious and lengthy, but it is quite simple if implemented properly. To know more about various factors involved in land deals, land reservations, and different types of land zones, keep in touch with Foot2Feet.

We provide various services, solutions and deep knowledge related to land, construction, Tax NOC, and much more.

UDCPR 2020 Chapter 9 is all about the City Specific Regulations as per mentioned in the UDCPR 

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

Rule No. 10.3 Nagpur Municipal Corporation 

The following regulations shall be applicable.

10.3.1  Buildings in Commercial Zone :

(a) In Non-congested areas:

FSI for buildings outside congested areas in the commercial zone - the basic FSI permissible shall be 2.00 for commercial cum residential use or purely residential use and 2.50 for purely commercial use.

(b) In Congested areas:

The permissible FSI for commercial use shall be 1.50 for the plots fronting on the road having a width less than 9.0 m. and 2.00 for the plots fronting on the road having a width of 9.0 m. or more.

10.3.2  Buildings in the Industrial Zone

a) In congested areas, the permissible FSI for industrial use shall be 1.00.

b) In non-congested areas, the permissible FSI for industrial use shall be 2.5.

10.3.3 I to R provisions - 

Allowing Residential/Commercial uses in the Industrial Zone.

The Regulation No.4.8.1 in these regulations shall be applicable to Nagpur Municipal.

Corporation area with the following modifications.

i)  Any open land or lands of closed Industrial unit/ units in the Industrial Zone (Excluding the leased out plots by NIT/NMC) may be permitted to be utilized for all the users permissible in the Residential zone with permissible FSI in the Residential Zone, subject to payment of premium to be paid equal to 15% of the rate of developed land as given in the Annual Statement of Rates published by IGR every year.

However, for the Industrial Plots leased out by the Planning Authority, (NIT/NMC) while granting I to R permission on these plots, FSI of 2.5 for purely commercial use and 2.00 for Mix use shall be permissible subject to payment of premium at the rate of 15% for Residential and 20% for Commercial use. Premium charges shall be as per the rate of developed lands as given in the Annual Statement of Rates published by IGR every year.

ii)  Provisions of Regulation No.4.8.1(b)(iv) shall not be applicable where the Industrial layout has already been approved, and where in amenity space has already been provided in the approved layout.

10.3.4

For Plots admeasuring 1000 sq.m. and above (including amalgamated plots) in Residential zones, basic FSI shall be 1.25, in congested and non-congested areas, irrespective of road width. In cases covered in Regulation No.10.3.1 and 10.3.4 maximum building potential on the plot including in-situ FSI shall remain the same, as in Tables 6-A and 6-G. However, the owner shall be at liberty to avail, the difference of potential if any, out of column 4 or/and 5.

Rule No. 10.15 Certail Regulations Cease to Operate in Future

The Regulation No. 10.3.1, 10.3.2, 10.3.4, 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.

However, in the case of redevelopment projects, the Regulation No.10.1.1 shall continue in effect until 01st Jan, 2026. 

Rule No. 10.4 Nagpur Metropolitan Region Development Authority

10.4.1 Development along Ring Road:

250 m. Residential Zone/Residential Belt proposed along the 60 m. wide Outer Ring Road as a corridor development is sanctioned, subject to payment of premium. The development in this 250 m. corridor is permitted on payment of premium as decided by the Government on the total area of land under development or building permission. Such premium shall be deposited with the concerned Authority.

10.4.2  Special Regulations for the Improvement Schemes:

The improvement schemes by Public participation which are sanctioned by the Government under the provisions of the Nagpur Improvement Act, 1936, and which come under the jurisdiction of the NMA area shall be valid and continue to be valid for the said purpose under the said Act. The Special Development Control Regulations for these schemes shall be as mentioned below :-

Any changes/Modifications/Amendments in the details layout or in the master plan shall be carried out by the Metropolitan Commissioner at his own level. However, the Public Amenity/Public Utility Areas and their percentage as per the original sanction shall not be changed while making Modifications/Amendments to the Schemes.

i)  Improvement Scheme - The scheme is prepared under the NIT Act, 1936 for the notified area and is duly approved by the State Government and which is now included in the NMRDA area.

ii)  Original Plot - A plot consisting of nearby khasras calculated as a single record in a village that is under the same ownership and has the same tenure status as defined in the respective 7/12 documents of the khasras.

iii) Final Plot - The plot that is reconstituted or reshaped from the Original Plot within a draft/sanctioned Improvement Scheme in a manner appropriate for development and given access from the public right of way. The Final Plots are reconstituted as per the relevant regulations/Acts as Final plots for Authorities share and owners share.

iv) Owner - An owner is a person who has legal title to land or building. The definition also includes :-

a) An agent or trustee who receives the rent on behalf of the owner.

b) An agent or trustee who receives the rent of a or is entrusted with or is concerned with any building devoted to religious or charitable purposes.

c) A receiver, executor or administrator, or a manager appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of the owner; and

d) A mortgage in possession.

v) Permissible FSI For Final Plot -

i) The Metropolitan Commissioner may allow the owner to develop the final plot in possession of the owner subject to handing over to the Planning Authorities share as an independent plot free of cost as per norms prescribed by the Metropolitan Commissioner.

ii)  The owner shall thereafter be entitled to develop his final plot for the uses permissible in the adjoining zone as per the DCPR with full permissible FSI of the entire Plot along with Additional FSI / TDR potential permissible for his Final plot share as per Chapter No.6 of this DCPR .

iii)  The Metropolitan Commissioner shall develop the Final Plot in his possession (Authorities Share) for the purpose for which the scheme is sanctioned. This plot shall be entitled to be developed as per potential permissible for Authorities' Final plot share as per Chapter No.6 of this UDCPR.

vi) Net Plot area for Computation of FSI - For the purpose of computing FSI/Built-up area, the net area of the plot shall be as defined in these regulations.

vii) Special Regulations For Inclusive Housing - The provision regarding inclusive housing in the development proposal shall be not made applicable in the Improvement scheme if the Final Plot in the possession of the Authority is to be designed and developed for the purpose of any affordable housing scheme.

viii) Height of Building - The maximum height of the building for all users shall be as per Chapter No.6 of this UDCPR.

ix) Amenities Space - If the Amenity space has already been provided in the scheme at the time of approval of scheme/layout, in such cases, the amenity space as required under this UDCPR shall not be insisted.

x) Land Use Permissible - All land uses mentioned in this UDCPR shall be permissible in the Improvement Schemes.

xi) Development Charges - The Development charges shall be recovered as mentioned in these regulations.

xii) Power to Authority - For the smooth implementation of the schemes, the Metropolitan Commissioner with the Approval of the Authority, makes/amends the rule in consistent with the relevant Act and Regulations assigned to it with prior approval of by the Government.

xiii) UDCPR - All regulations of UDCPR shall apply except the above special regulations.

10.4.3

The following regulation shall be applicable only for the reference of Regulation No.25.6 (xxxx) mentioned in the notification of sanctioning the Development Plan of Nagpur Metropolitan Region Development Authority.

In the Agriculture zone, Residential use shall be allowed subject to the following conditions -

a)  Minimum area of land shall be 15.0 hectares.

b)  Land shall front on a minimum of 12.0 m. wide existing road.

c)  Permissible FSI/TDR shall be as that of the Residential zone.

d)  The offsite infrastructure like road, water supply, and sewerage treatment plant having zero discharge shall be developed by the land owner at his own cost, unless this infrastructure is provided by the Authority.

e)  10% of the entire holding area shall be handed over to the Authority free of cost, without any FSI/TDR, and free of all encumbrances for sale by the Authority for residential, commercial, or industrial use depending upon the nature of development. This 10% area shall be over and above recreational open space and amenity space to be provided as per regulation. This 10% area shall front on a minimum of 12.0 m. wide road.

f)  Premium on the gross area at the rate of 5% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein shall be paid to the Authority.

10.4.4

The following regulation shall be applicable only for the reference of Regulation No.25.6 (xxxxiii) mentioned in the notification of sanctioning the Development Plan of Nagpur Metropolitan Region Development Authority.

Development permission around the periphery of the Gaothan boundary -

Development permission around the periphery of the Gaothan boundary shall be allowed as per the Regulation mentioned as below. This regulation shall be applicable only to the Rural center and rural area. (excluding nine urban center areas) Regulation for residential zones and other regulations shall be applicable.

The peripheral residential area shown along the Gaothan village is deleted and land thereunder is included in the Agriculture Zone. The development along the periphery of the Gaothan shall be allowed subject to the following :

a) In the villages in Rural areas/Rural centers excluding the area under nine urban centers, Residential Development or development allowed in the Residential Zone, may be permitted within the periphery of the Gaothan boundary as per the criteria given below. The regulations in respect of residential zones specified in these UDCPR shall be applicable.

Such development may be permitted on payment of a premium of the total area of land. Such premium shall be calculated considering the 15% rate of the said land as prescribed in the Annual Statement of Rates of the year granting such developments. Such premium shall be deposited in the concerned Authority.

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

Provided further that, the premium charges shall be recovered at the time of tentative approval of the Development permission. Where tentative development permission is already granted before publication of this Development Plan and final approval is yet to be granted, then in such cases premium charges shall not be recovered at the time of final approval.

Provided further that, such payment of premium shall not be applicable in cases where development permission is already granted or layout is already approved by the authority before the publication of the Development Plan. Such premium shall also be not applicable for revision of such already approved permissions.

However, such development should not be permitted on lands that deserve preservation or protection from Environmental considerations viz. Hills and Hills tops, and within the required Buffer Zone/Prohibited Zone from rivers, lakes, and reservoirs of minor and major projects of the water resource department.

Related Regulations to Rule No. 10

Special Rules for Pune City in UDCPR 2020

Thane Municipal Corporation Area in UDCPR 2020

Nashik Municipal Corporation in UDCPR 2020

Vasai Virar City Municipal Corporation in UDCPR 2020

Kolhapur Municipal Corporation in UDCPR 2020

Navi Mumbai Municipal Corporation in UDCPR 2020

Bhiwandi Surrounding Notified Area in UDCPR 2020

CIDCO Area Excluding Naina Area in UDCPR 2020

Click Below to go to Services

 Project Management Consultant (PMC) 

 Find a Builder For Redevelopment 

Deemed Conveyance

Feasibility Report

 Structural Audit 

Introduction

We understand that redevelopment is the most critical, risk-oriented process in the lifespan of society. Society members have to go through huge problems & worries during the decision-making process. But with the help of a good project management consultant, this process will reduce the worries of all members. The process must have the following factors.

1. Maximum benefit to all society members. 
2. Impartial service to all members. 
3. Consultation for smooth process & easy decision-making 
4. Safeguarding society's rights.

Let’s understand the whole process of redevelopment at a glance

For a successful redevelopment, society must go through the following process.

1. Smooth redevelopment 
2. Frequently asked questions(faq)
3. Step-by-step redevelopment
4. Redevelopment document/lists
5. Supervision
6. Agencies & members involved in the redevelopment process
7. Successful redevelopment   

Here is each point explained in detail.                                          

SMOOTH REDEVELOPMENT

Difference between Restoration and Redevelopment?

In restoration, the existing building is extensively repaired and restored to its original condition. In redevelopment, the existing building is demolished, and a new structure/building with prevailing bylaws and additional FSI/TDR is constructed.

What Are The Advantages Of Redevelopment?

1. In the case of a building's restoration by major repairs, though the beams and pillars are strengthened externally, the inner core, which consists of steel rods, cannot be restored to its original condition. Hence, even after extensively repairing the building, there are bound to be umpteen complaints about leakages requiring frequent repairs. In the case of redevelopment, the entire structure being brand new, it will be free from complaints. 
2. The new building will accommodate various modern facilities & amenities with the current trends of society.
3. Well-planned and designed flats with earthquake structures.
4. The corpus fund received by each individual member will cover the increase in the premises' maintenance cost or could be utilized for other purposes.
5. Additional carpet areas will be received as compensation from the developer. 
6. The owner can buy additional space (if available) from the developer at the best available price.
7. Modern facilities/amenities/gadgets like lifts, intercom systems, smoke detectors, fire fighting alarm systems, concealed plumbing, concealed wiring for electricity, telephone, cable TV, etc. Will be available. (depends upon an offer from developers)
8. Additional parking will be available with new norms of authority.
9. Electrical, plumbing, tiles, parking spaces & other specifications will follow modern trends.

Disadvantages Of Redevelopment

1. For a considerable period of time, members are required to give up possession of their flats, which disrupts their age-old routine.
2. If converted to commercial complexes, residential complexes are seldom preferred for housing purposes or dwellings.
3. The additional areas received will attract stamp duty and registration charges at the current market price.
4. There is always a fear of a halfway stalled project resulting in a court case. ( but a good project management consultant can reduce this risk by verifying of all steps in the redevelopment process)
5. New construction with all kinds of amenities will increase the cost of maintenance to be paid to society. 

Guidelines For Smooth Redevelopment 

1. All members of society should be confident in the redevelopment process.
2. The tender process should be transparent & as per the provision of cooperative society housing bye-laws
3. The appointment of a builder/developer/contractor should not be arbitrarily made. The agreement with them should be legally sound, technically complete, and clearly mention all possible building specifications. It should clarify all things like carpet area, amenities, corpus fund, shifting charges, rent of temporary accommodation, any betterment charges, etc.
4. The role & responsibility of the project management consultant should be clear & their services should be impartial.
5. Society should not go for a redevelopment process without a feasibility report from a project management consultant.

Frequently Asked Redevelopmenent Questions (FAQs) 

Q.1 Whether individual consent of all the members is required for redeveloping the society’s buildings or only a resolution by the general body will be sufficient?

• In the case of the apartment (registered under the association of apartments) a written consent is required from each & every member. But in the case of housing society a written consent from 51% of members is required for redevelopment. 

(As per govt. GR)

Q.2 What is the consequence if consent is not received from all the members for carrying out redevelopment?

• If all the members of the society do not give their consent for redevelopment, the concerned authorities, such as the Dy. Registrar of co-operative societies, will not grant permission for redevelopment.

Q.3 Can a member change his decision after giving his consent in writing for redevelopment?

• Consent obtained from the members is irrevocable and embossed with rs.100/- stamp. Hence, once consent is given by a member, it cannot be revoked. Only if a member has a strong reason to retract his consent does he have to follow the legal procedure for proving his point of discontent for retracting his consent.

Q.4 Can a minority of members stall the process of redevelopment?

• It depends on what proportion of minority is stalling the development and the reasons behind stalling the project. If the reasons for stalling the project are strong, then redevelopment cannot proceed unless the issues with them are settled.

Q.5 Can one or two members hold the society to ransom on flimsy grounds?

• No member of the society can hold the society to ransom on flimsy grounds. The society will have to initiate action against such members.

Q.6 What action can the society initiate against those members who oppose such kind of a move that is supported by a huge majority

• Then society can issue show cause notice to the members and take action even to the extent of expulsion from the society.

Q.7 Does a society require forming a redevelopment committee or can a managing committee carry out the job independently?

• The general body has the power to decide on this issue. Appointing a redevelopment committee is not mandatory but is highly recommended to ensure transparency in the dealings.

Q.8 What are the powers of the redevelopment committee?

• The general body has to decide on the powers to be allocated to the redevelopment committee. Generally, the following powers are to be given to the redevelopment committee:
•  to approve or reject the proposal placed before them by the managing committee of the society.
• To give suggestions, if any, regarding the proposal placed before them by the managing committee.

Q.9 What is the tenure of the redevelopment committee?

• Generally, the tenure of the redevelopment committee should be from the start of the project to the completion of the project to ensure the continuity of the control of the project.

Q. 10 Whether elections are to be held for the selection of members for the redevelopment committee?

• The election rules are not binding on the redevelopment committee. The general body should select it from among senior members of the society who are educated to read and understand the various documents and have an active interest in redeveloping the society.

Q. 11 Can a redevelopment committee/member of a redevelopment committee be terminated?

• If the general body feels that a member of the redevelopment committee or the entire redevelopment committee acts to the detriment of the interests of the society and obstructs the working of the managing committee in carrying out redevelopment, then on the recommendation of the general body, the tenure of a member a redevelopment committee or the entire redevelopment committee can be terminated.

STEP-BY-STEP REDEVELOPMENT PROCESS FOR SOCIETIES

The office bearers of the society are requested to follow the following steps for redeveloping their premises successfully.

1. Conveyance Deed-

Society should reconsider redevelopment only if the society has a conveyance deed in its favor. In case the conveyance deed is not in favor of society, the process for deemed conveyance should be done by appointing an appropriate agency. 

2. Structural Audit-

When a society should consider redevelopment:

1. The first step for deciding on redevelopment is a structural audit report by a structural consultant or project management consultant. This survey has to be carried out for all buildings/structures in the society plot. 
2. The structural audit agency shall reveal the condition of buildings & suggest whether society needs the redevelopment.
3. Without such a report, society can’t go for the redevelopment process.
4. Even if the building is less than 30 years old (building lifespan), but structural reports suggest redevelopment rather than restoration, society can go through redevelopment. 
5. Circulation of structural audit report-

In case of an adverse structural audit report, the society shall circulate the said report to all the members of the society within one month of receipt of such report along with their recommendations and call for the consent of all the members of the society in writing within 14 days of circulation of a report giving their opinion whether they would like to go for repairs or redevelopment. If 75% or more of the total members of the society give their consent for redevelopment to the managing committee, the managing committee will start the process of redevelopment.

3. Starting Redevelopment-

The society in which redevelopment work of the buildings is required to be undertaken, an application of requisition to hold a special general body meeting to consider and discuss the redevelopment project and suggestions on the same, is to be submitted to the hon. Secretary of the managing committee which is properly 

Elected as per the provisions of the society’s bye-laws and also constituted as per. The provisions of the Maces Act 1960. The requisition application is to be signed by not less than 1/4th of the total members of the society.

4. SGM for Redevelopment-

Upon receipt of the requisition for calling the meeting, the managing committee of the society, within 8 days of the receipt of the application, should consider the same and within a period of 1 month, the Hon. The secretary will call the general body meeting of the members of the society giving 14 clear days notice for which acknowledgment will be collected from every member and maintained in the records of the society. The quorum for the SGM shall be 3/4th of the total number of members of the society. If the quorum is not attained, The SGM shall be adjourned for 8 days. 

If there is no quorum in the adjourned meeting also, then the meeting shall be dissolved considering that the members have no interest in the redevelopment of the society. In such a situation, the redevelopment subject cannot be brought before any SGM for its approval for further one year.

In the meeting, 3/4th of the members present in the meeting should agree to redevelopment and then a resolution should be passed for going ahead with the redevelopment of the building and authorizing the managing committee to obtain permission from the deputy registrar of co-operative societies of their respective ward office for redevelopment. A resolution should also be passed authorizing the managing committee to obtain quotations from experienced architects/project management who are impaneled by government/local authorities, for the work of preparing feasibility reports and framing rules/conditions for their work.

5. Permission for Re-Development-

The society shall forward a copy of the structural audit report along with an extract of the re-development resolution passed in the SGM to the dy. Registrar of co-operative societies of their respective ward seeking permission for re-development of their building. (As per GOVT. GR Dy. Registrar permission is no longer required)

6.  Redevelopment Feasibility Report-

Within one month from the date of receipt of permission for re-development from the office of the day. Registrar of co-operative societies, the society should appoint an architect or a project management consultant to survey the project plot/area/FSI/TDR/PMC–rules applicable/technical/financial details including viability, comparison of repairs v/s re-development and submit a feasibility report. This feasibility report should be circulated to all the members of the society within one month from the date of receipt of the report along with the managing committee’s views and their opinions/objections on the same should be called for in writing for discussion in the next special general body meeting.

7.  SGM for Constitution of Re-Development Committee-

1. The society should call for an SGM and since this is an important meeting the quorum for the meeting shall be at least 75% of the members of the society. 
2. The managing committee should discuss the feasibility report in the meeting and if at least 3/4th of the members present in the meeting agree for re-development
3. Then they should pass a resolution to go for re-development of the building and authorize the office bearers to start the procedure to appoint an architect/civil engineer/financial consultant or project Management consultant.
4. In the same meeting, the society should form a “re-development committee” of at least 5 prominent/senior/original members of the society representing each building of the society, to oversee the working of the managing committee

8.  Appointment of Consultants-

The office bearers shall shortlist the architect/civil engineer/ financial consultant/project management consultant for an appointment and recommend their names to the re-development committee to confirm their choices and fees chargeable by this professional/s. The managing committee should call for an SGM and introduce these professionals to the members of the society and give their recommendations. A decision should be taken in this meeting to appoint any or all them of them and fix their duties and fees.

9. Pooling Of Documents for Re-Development-

The society should ask the appointed consultant/s to proceed and go ahead to get all the clearances required for re-development and submit his report on the availability of the following documents with the society:

1. Society registration certificate
2. 7/12 extract/index ii / form no. 6 from the revenue office
3. Conveyance deed
4. Non-Agricultural (NA) order
5. Property card /
6. City survey plan (demarcation)
7. Copy of commencement certificates
8. Copy of completion certificates
9. Proof of payment of stamp duty/registration charges.
10. Copy of paid assessment bill ( water bill, electric bill)
11. Approved building plan
12. Structural Drawings.

10. Tender Floating-

After the technical problems are sorted out, the society should call for a SGM no. 4 to apprise the members of the society’s standing on the various technical points referred to above and convey their views as well as the views of the re-development committee on the matter and seek the approval of the general body to proceed further. In this meeting, all the members of the society should be asked to prepare and submit details of requirements/demands/choices/demands in writing so that the same could be incorporated into the tender document. The general body should pass a resolution and authorize the managing committee to proceed ahead and float tenders by inviting different agencies/builders/developers to give their offers through newspaper notices etc.

11. Opening Of Tenders-

Within one week from the last date for receipt of tenders, the society should call for an SGM no. 5 and open the tenders in front of the members of the society present in the meeting along with the society’s consultants and parties participating in the Tender. The details of offers received should be read out in the meeting and a provisional merit list should be made in the meeting itself.

12. Comparison Statement-

The consultants appointed by the society should study the tender offers in detail and prepare comparative charts and give their recommendations to the managing committee who should satisfy themselves about the recommendations of the consultants and put it up before the re-development committee for their observations. The best offer should be short-listed merit-wise and details circulated to all the members of the society calling for their views.

13. Selection Of Developer / Builder-

The society should call for a SGM no. 6 and after discussing the merits and demerits of all the offers, should select one developer/builder to carry out the redevelopment of the society. In this meeting, the members should agree on the following issues

1. The additional area that they should get as not only in terms of percentage increase in their existing carpet area but also in actual number of square feet.
2. The amount of corpus payable to each member should be clearly expressed in amount of rupees besides linkage to their existing carpet area. The break-up and the due dates for payment of the same should also be clearly specified.
3. The amount of rent payable for alternate accommodation should be clearly specified in terms of amount of rupees besides linkage to the existing carpet area. The break-up and due dates for payment of the same should be clearly specified.
4. The amount of shifting charges and the re-shifting charges should be specifically stated.
5. The members should pass a resolution authorizing the managing committee to issue a letter of intent to the developer subject to the above terms and conditions.

14. Letter Of Intent-

The society should circulate the agreed terms and conditions to all the members of the society and obtain an irrevocable letter of consent addressed to the society, the builder, PMC, dy. Registrar of co-operative societies and other concerned parties. When at least 90% of the members give consent letters to the society, the society should give a letter of intent to the selected developer/builder and request him to furnish plans of the new buildings to be constructed, amenities to be provided, and allotment of flats to members as per the new plan.                    

15. Re-Development Agreement-

On receipt of the plan for the new buildings, the managing committee and the re-development committee members should first approve the same and satisfy themselves that the same is as per their offer. Then, the society should call for a SGM no. 7 for approving the plan of the flats/building and amenities offered by the builder. When the same is approved in the general body, the society should pass 

A resolution to sign a redevelopment agreement with the developer also fixes the date for vacating the old flats and receiving the compensations.          

16. Handing Over The Property For Re-Development-

The developer should then proceed to get the plans approved and obtain i.o.d. From p.m.c. After fulfilling the terms mentioned in the i.o.d., the developer should obtain a commencement certificate up to the plinth. After these conditions are complied with, the society should call SGM no. 8 and pass a resolution for vacating the flats and fixing a date for handing over the vacant possession to the developer and fixing dates for receiving compensation from the developer. The managing committee should issue instructions to the members to vacate their flats by signing individual agreements with the developer and after receiving his dues from the developer.

17. Occupation Certificates-

After construction of the buildings is completed, the society should follow up and ensure that the developer gives, an occupation certificate and regular water connection within 4 months from the date of handing over of the new flats to the members of the society.

SUPERVISION

Either a Project management consultant or a separate agency must be appointed for supervision. This supervision includes many things but a few of them are mentioned below.

1. Analysis & approval for architecture plan.
2. Obtaining, checking & approval of drawing.
3. Checking parking area, carpet area, society utility & service areas, etc.
4. Structural drawing checking.
5. Analysis & approval for submission drawing.
6. Analysis & approvals for site execution drawings.
7. Site visits to verify specifications, & material quality committed by the developer. (as & when required.) 
8. Consultations throughout the redevelopment process at every important situation.

REDEVELOPMENT DOCUMENTS/LISTS

For the successful completion of the redevelopment, the office bearers of the society should be aware of the documents to be kept ready and the documents to be obtained from the builder

Important documents required for Redevelopment

1. Society registration certificate.
2. 7/12 extract.
3. Conveyance deed.
4. Title search report.
5. Index ii
6. N. A. Order
7. City survey plan.( demarcation plan)
8. Approved building plan.
9. Commencement certificate.
10. Occupation certificate
11. Appointment letter to PMC.

Documents to be prepared for Redevelopment

1. Feasibility report.
2. Suggestions from members.
3. Public notice for inviting the tender.
4. Minutes of various meetings.
5. Correspondence with different authorities.
6. Obtaining permission from the deputy registrar.
7. Tender form.
8. Summary of tenders received.
9. Approval of tenders in the general body meetings and preparation of draft and final minutes.
10. Appointment letters to advocates, structural engineers, architects, project management consultants, etc.

Various Agreements & letters are required for Redevelopment

1. Redevelopment agreement.
2. Format of bank guarantee from the builder.
3. Power of authority from the society to the developer.
4. Agreement for alternate accommodation.
5. MOU between the society and builder/developer.
6. Appointment letter from the society to the builder/developer.
7. Revocation/cancellation of power of attorney.
8. Other duties associated with an advocate 
9. Possession letter from the builder to the members.
10. Format of the resolution to admit new members.
11. List of documents required to be collected from the builder.
12. Indemnity bond by the developer
13. Consent letters from the members to the society.

What are the requirements from the Developer?

1. Project report from the developer as to how they would develop the property at the offers given by them.
2. Copy of registration certificate.
3. Partnership deed of the developer duly registered or memorandum of association (as the case may be)
4. Name and address of all partners/directors along with their PAN.
5. Address & Pan of the firm.
6. Copy of balance sheet & P/L A/C to understand the financial strength of the firm.
7. Income tax return filed for the last 3 years of the partners/directors of the company.

AGENCIES & MEMBERS INVOLVED IN REDEVELOPMENT PROCESS

1. Society members
2. Society committee members
3. Structural consultant
4. Project management consultant
5. Advocate
6. Dy. Registrar
7. Developer
8. Chartered accountant 
9. Builders architect
10. Building permission authority
11. New members

SUCCESSFUL REDEVELOPMENT

Must know things for successful redevelopment

1. The offer received from the developer should commensurate with the potential of the plot taken for redevelopment as per the architect’s report.
2. The builder should be strictly chosen on the basis of his financial capacity and track record and not on the basis of the highest offer received.
3. The tenders received should be objectively evaluated by an able architect appointed by the society.
4. All the members of the society should give their consent to avoid disputes.
5. Complete details of the offers made by the developer should be clearly understood by all the members of the society and there should be transparency in the dealings.
6. Redevelopment committee should be formed from amongst the other members of the society by including 2/3 members from the managing committee to oversee the entire process to ensure that complete transparency is maintained by the managing committee of the society.
7. All agreements/documents should be got scrutinized by a competent advocate appointed by the society to ensure that there is no lacuna.
8. A Bank guarantee for the total cost of the redevelopment project should be obtained from the developer covering the full period of construction.
9. A penalty clause should be inserted in the redevelopment agreement to ensure proper implementation of the project by the developer.
10. The managing committee and the redevelopment committee members should conduct regular inspections when the construction is in process to ensure that there are no deviations from the plans/offers.
11. Existing society members should vacate their respective premises only after all necessary approvals.
12. Any committee member or office bearer of society should not be the relative of a builder or developer. 

!! Happy redevelopment!!

Click Below to go to Services

 Project Management Consultant (PMC) 

 Find Builder For Redevelopment 

Deemed Conveyance

Feasibility Report

 Structural Audit 

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

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

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

Rule No. 4.8 Industrial Zone

Industries shall include any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled, or processed, for example, assembly plants, laboratories, dry cleaning plants, power plants, pumping stations; smokehouses, laundries, gas plants, refineries, dairies, and sawmills.

The following uses shall be permissible in the Industrial Zone.

i)  The service industries as listed in Regulation No.4.4.2(iv) without restrictions on power requirement, employment, floor area, and other restrictions.

ii)  Any industry/industries may be permitted. Minimum buffer open space/setback (which may include marginal distance and road width, if any) from the boundary of the industrial

Building/use to residential or habitable zone/use, shall not be less than 23.0 m. Such buffer open space shall be kept in the land falling in the industrial zone. In cases where construction has already taken place in an Industrial Zone, then such Buffer open space may be kept in a Residential Zone.

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

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

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

iii) Building or premises in the industrial zone may be used for any industrial as well as accessory uses like banks, canteens, welfare centers, and such other common purposes considered necessary for the industrial workers, quarters of watchmen, caretakers or other essential staff required to be maintained on the premises. Such residential/commercial/other uses may be permitted up to 25% of the total proposed built-up area of such industrial use.

iv) The following uses may also be permitted

a) Parking lots

b) Buildings of public utility concerns

c) Buildings of Banks

d) Residential Hotels, Restaurants

e) Storage Buildings

f) Drive-in-Theatres, cinemas, or theatres, subject to provisions of the Maharashtra

Cinemas (Regulation) Act

g) Highway amenities as permitted in the Agriculture zone with FSI at par with the Industrial zone.

h) Industrial training center/institute

i) Information Technology Establishments. (IT / ITES)

j) Bio-technology units

k) Public Charging Stations for Electric vehicles, Petrol pumps, and Service Stations/Fuel Filling Stations, including LPG/CNG/Ethanol, etc., subject to provisions in Regulation No.6.2.2., Sr.No.6 of Table 6-E.

(l) Hospitals and dispensaries.

v) Transport Hub and Logistic Park, including warehousing, cold storage, multimodal transport, container depot, container freight stations, etc.

4.8.1 Allowing Residential/Commercial Uses in Industrial Zone 

In consultation with the Divisional Head of the concerned division of the Town Planning Directorate in case of areas other than Municipal Corporations and in case of Municipal Corporations without such consultation, and on appropriate conditions.

a)  The existing or newly built-up area of the Industrial unit in the Industrial zone (excluding the area of Cotton Textile Mills) may be permitted to be utilized for Residential or Commercial purposes;

b)  The lands in the Industrial Zone in the Development Plan, Regional Plan excluding the area of Cotton Textile Mills, but including lands in the industrial zone in the Town Planning Scheme area, may be utilized for any of the permissible uses in the Residential and Commercial Zone subject to the following provisions :-

i) Such use shall be allowed only on payment of Premium at the rate of 5%of the land value arrived at as per the Annual Statement of Rates (without considering the guidelines therein) of the respective year. For calculating land value, industrial holding in the development proposal shall be considered. Out of this, 50% amount shall be paid to the Authority and 50% amount shall be paid to the Government.

ii)  The Residential / Commercial use in respect of industries that are not in operation or which are to be closed, shall not be permitted without an NOC from the Labour Commissioner, Maharashtra State, Mumbai, stating that all legal dues have been paid to the workers or satisfactory arrangements between management and workers have been made. However, in respect of any open land in the Industrial Zone where industry never existed, NOC from the Labour Commissioner shall not be required.

iii)  Recreational open space as may be required under regulations for Residential use shall be provided.

iv)  The land to be provided as amenity space in the provisions mentioned hereunder shall be handed over to the Authority free of encumbrances.

v)  In the layout or sub-division of such land admeasuring up to 2 Ha., 10% of land shall be provided for public utilities and amenities, like electric sub-station, bus-station, sub-post office, police outpost, garden, playground, school, dispensary, and such other amenities/utilities as may be considered necessary. In case of land measuring more than 2 ha., such amenity space shall be 10% up to 2 ha. area and 15% for the area over and above 2 ha.

vi)  The land having an area up to (2) 1.0 hectares in size, which is allocated for industrial use, may be permitted to be used for Residential purposes or any other permissible uses in the Residential/Commercial Zone. The owner/developer shall provide either 10% amenity space in the form of open land or 5% built-up space in the proposed construction at the appropriate location, preferably on the ground floor. Amenity TDR, as per regulation containing provisions of TDR, shall be permissible.

vii)  The land under public utility/amenity shall be handed over to the Planning Authority instead of FSI / TDR with proper access and leveling of the land. These areas will be in addition to the recreational space as required to be provided under these regulations.

viii)  At least 50% of total land provided for public amenity/utility space shall be reserved for unbuildable purposes, such as gardens, recreational grounds, etc., by the Authority. (1) Provided that if such amenity space is less than 1000 sq.m., then it shall be reserved only for unbuildable purposes such as garden, and recreational ground and may be allowed on internal road/Layout road/existing road/access road having a width less than 12.0 m.

ix)  The required segregating distance between the Industrial Zone and the area over which Residential use is permitted under this regulation, shall be provided within such land intended to be used for residential or commercial purposes. In case an adjoining area is developed and an obnoxious industry exists on such part, then necessary segregation distance shall be provided. However, if a non-obnoxious user exists on such part, no such segregation distance shall be provided.

x)  Such residential or commercial development shall be allowed within the permissible FSI of the nearby Residential or Commercial Zone.

xi)  Provision for Amenity Spaces shall be considered to be reservations in the Development Plan, and Transferable Development Rights against such amenity as per Regulation No.11.2 may be given, or FSI of the same equivalent to the TDR quantum shall be available for utilization on the remaining land. Moreover, the owner shall be entitled to develop the remaining land with permissible TDR potential, including the land under amenity space, subject to the maximum permissible limit of FSI (Maximum Building Potential) as mentioned in Regulation No.6.3.

xii) Residential / Commercial use may be allowed on the part area of the land holding subject to the condition that the total area of the entire industrial land holding shall be considered for deciding the percentage of the land to be earmarked for public amenity/utility spaces, as per these regulations.

xiii) If Development Plan Reservations (excluding DP Road / Road widening) fall within or adjacent to the land of the same land owner under the I to R provision, then such reservation may be adjusted in amenity space in the following manner :

a)  If the area under the development plan reservation is less than the area required for public amenity space as per this regulation, then only the difference between the areas shall be provided for public amenity space.

b)  If the area under reservation in the development plan is more than the area required for public amenity space as per this regulation, then the area for public amenity space shall be provided equal to the area required under this regulation.

The word "adjacent" shall also include the land of the same owner separated by nallah, river, canal, road, etc., for the purpose of this regulation.

xiv) Provisions of Accommodation Reservation mentioned in Regulation No.11.1 shall not be applicable for the development of amenity space provided in this regulation.

xv) Minimum 10% built-up area (basic FSI) for the area up to 1 ha. and 5% built-up area (basic FSI) for an area more than 1 ha., shall be used for offices and commercial purposes, in case of development undertaken under this regulation, by closing down the existing industry. However, this provision shall not be applicable, in case of permission being sought under this regulation, where such a plot falls in the industrial zone, without existing industry.

xvi) The provision of inclusive housing, as mentioned in Regulation No.3.8, shall not be applicable. However, 20% of the land or FSI proposed to be used for residential purposes shall be utilized for plots below 100 sq. m. in case of plotted layout development or below 50 sq. mt. built-up area tenement in case of construction of housing scheme.

xvii) The industrial zone on which Residential/Commercial permission is granted, it shall be deemed to be converted into a Residential/Commercial zone to the extent of that area, after issuance of the final occupation certificate to the project.

xviii) If, at the request of the Authority, the owner agrees to construct the amenity on the land on such amenity space, then he shall be entitled to construction TDR / FSI as per TDR Regulations.

c) On the date of draft publication of these UDCPR, if the entire holding of a person at a place in an industrial zone measures less than 500 sq.m., then the regulation mentioned in (b) above shall not be applicable and such plot in an industrial zone shall be deemed to be included in the adjoining zone, if requested by the owner.

d) If the land for an industrial unit is acquired under the provisions of the relevant Land Acquisition Act, then prior permission of the Government is necessary before permitting residential use on such lands and additional items and conditions mentioned in Land and Revenue Department, G.R. No.Sankirna-01/2017/C.R.11/A-2, dated 11/01/2018, as amended from time to time, shall be applicable.

Related Regulations to Rule No. 4- 

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

Uses Permissible in Various Zones UDCPR 2020

Uses Permissible in Development Plan Reservations in UDCPR 2020

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

Uses Permissible in Agricultural Zone in UDCPR 2020

Uses Permissible in Public and Semi Public Zone in UDCPR 2020

Uses Permissible in Commercial Zone in UDCPR 2020

What are the Types of Zones in UDCPR 2020

Uses Permissible in Residential Zones R2 in UDCPR 2020

Uses Permissible in Residential Zones R1 in UDCPR 2020