Are planning to buy / sell any land ? 

Are  you looking to develop a land ? 

Are you looking for joint venture of you land with any builder ? 

Wait…

Here is what you must know about your land before you buy it.

1. For any Investment in land for Buy , Sell, Develop or Joint venture legal rights, clear 7/12 extract (7-12 उतारा), title clear certificate, with no litigations or with undisputed rights to seller are must.
2. There is also a common misconception for that clear ownership rights is all enough for any kind of development (eg-  residential, bungalow, commercial, industrial, institutional etc…) Title & search report clarify ownership rights of land but it does not clarify development uses of the land. So a wise decision in land deal is to consider various parameters of land development. Few of them are explained below

Zone of plot –

1. Land zone is most important factor for any kind of use of land. Planning authority plans various zones in development Plan. These zones are like Residential (R zone), Commercial Zone, Industrial Zone, Agriculture Zone…
2. One cannot develop the land for any other purpose except those decided by planning authority or government. (eg- residential building, industry etc…)
3. Zone conversion is not easy to go process. Unless it matches certain parameters of access road, distance from Gotham, land area etc. zone cannot be converted.
4. Most of cases zone change is permitted after payment of certain charges to government.

Access Road –

1. Many times plot are purchased with 10 feet or 20 feet access road. It do not serve all development purpose of user.
2. eg – commercial building must have min 12 M road. (In non congested area)
3. On any highway or major roads, one cannot develop area without leaving certain distance from road.
4. If access road is not of required width then planning authority do not allow such development.

Reservations –

1. Reservation are not necessarily to be marked on site. So verification in development / regional plan & on site is recommended.
2. Most of the natural reservations cannot be developed & no FSI / TDR as compensation is given to owner. These natural reservation include River blue Line, Area Under Nala, Hill Top & Hill slope, BDP (Bio Diversity Park), etc…
3. For some reservations owner gets FSI / TDR (sometimes 2 times of land area) after handing over such land to authority. Eg – D.P Road, Garden, Metro station, Fire station etc…
4. Some reservations can be developed by owner/ developer under certain restrictions.

Factors affecting planning and construction area –

1. Various factors affect plot & permissible development on such plot. In such case desired construction area may or may not be achieved.
2. These factors are like plot shape, plot sizes, land slope, Height limitations etc…
3. Few other factors are like Electric lines, building control line, buffer zone, distance from railway line, airport vicinity zone, etc.. Plot in these cases can be developed after leaving certain distance from such factors.

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

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

Rule No. 7.3 Development/Redevelopment Of Staff Quarters Of the State Government or Its Statuary Bodies or Planning Authority

7.3.1 

Construction/reconstruction of staff quarters of the State Government or its statutory bodies or Authority shall be permitted on land belonging to such Authorities which are situated in developable zones such as Residential/Public Semi-public/Commercial Zones, etc. on the following conditions.

7.3.2  

The basic FSI specified in these regulations may be allowed to be exceeded as per the following table on the gross plot area solely for the project of construction of staff quarters (hereinafter referred to as - staff quarter project) for the employees of the Government, or its statutory bodies or the Planning Authority (hereinafter collectively referred to as - User Authority), on land belonging to such User Authority, by the PWD of the Government of Maharashtra or MHADA or Maharashtra Police Housing Corporation or Planning Authority or any other Public Agency nominated by the Government for this purpose, which may also include any Special Purpose Vehicle, wherein the Government or a fully owned Company of the Government holds at least 51% equity share (hereinafter collectively referred to as - “implementing Public Authority”).

7.3.3

7.3.4

For the purpose of calculating the FSI, the entire area of the plot, excluding areas under Development Plan roads/Regional Plan Roads and Development Plan Reservations, if any shall be considered.

Provided that, the Development Plan reservations like Government Staff Quarters, Police Housing, Municipal Housing, Municipal Staff Quarters, etc. on lands belonging to Government/Public Authorities/Local Authorities, shall not be excluded, if the scheme is undertaken on the said reservation.

Further, the amalgamation of such Development Plan reservation/s with adjoining lands for the execution of the project under this regulation shall be permissible.

7.3.5

The total permissible FSI under this regulation shall be utilized for the construction of staff quarters and ancillary activities for the User Authority, subject to the following:-

i) The area of staff quarters for various categories of employees shall be as per the norms prescribed by the concerned User Authority. In no case shall the area of staff quarters exceed the maximum limit of carpet area as prescribed therein.

ii a) The Authority may also permit up to 1/3rd of the total permissible FSI under this regulation for the construction of a free sale area (hereinafter referred to as “free sale component”) to be disposed of by the Implementing Public Authority as provided herein. The free sale component shall preferably be constructed in a separate block. Sub-division of plots shall be permissible on the basis of equitable distribution of FSI if construction of a free sale component is permitted by the Authority.

The free sale component may be utilized for commercial use as per the potential of the plot as decided by the following committee. The extent of commercial use, if required, shall be decided by the said committee strictly within the limits specified in these regulations.

ii-b) If the User Authority requires construction of staff quarters to the extent of full permissible FSI, then the User Authority shall pay the full cost of construction + 5% of construction cost as establishment charges to the Implementing Public Authority.

ii-c) The flats constructed under the free sale component shall be first offered to the Central Government, its statutory bodies, and Central/State PSUs for purchase as staff quarters and if the Central Government or its statutory Bodies or Central / State PSUs do not indicate willingness to purchase the same within the prescribed time limit, such flats shall be sold in open market.

7.3.6

 i) Notwithstanding anything contained in these regulations, no amount shall be charged towards Premium, Scrutiny Fee, etc., for the projects proposed under this regulation.

ii) The provisions of Inclusive Housing, mentioned in these regulations, shall not be applicable for development under this regulation.

7.3.7

 For any staff quarters project under this regulation, a development agreement shall be executed between the User Authority and the Implementing Public Authority, which, inter alia, shall authorize the Implementing Authority to dispose of the flats constructed under the free sale component of the project, wherever applicable. Such development agreement shall contain the details regarding the modalities and conditions of transferring such quarters (whether free of cost or on payment/receipt of a certain amount by the User Authority) to the user authority and also conditions, modalities of disposing of the flats under the free sale component by the Implementing Public Authority.

Related Regulations to Rule No. 7

Rule No. 7.0 in UDCPR 2020

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

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

Redevelopment of Existing Buildings in UDCPR 2020

Development of Housing for EWS and LIG in UDCPR 2020

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

Regulation for Development of Biotechnology Parks in UDCPR 2020

Incentive for Green Buildings in UDCPR 2020

Buildings of Smart Fin Tech Centre in UDCPR 2020

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

UDCPR 2020 Chapter 13 is all about the Special Provisions for Certain Buildings 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. 13.3 Rain Water Harvesting

The provision for Rain Water Harvesting shall be made as under :-

a)  All the layout open spaces/amenity spaces of housing societies and new constructions/reconstruction/additions on plots having an area not less than 500 sq.m. shall have one or more Rain rainwater harvesting structures having a minimum total capacity as detailed in Schedule.

Provided that the Authority may approve the Rain Water Harvesting structures of specifications different from those in Schedule, subject to the minimum capacity of Rain Water Harvesting being ensured in each case.

b) The owner/society of every building mentioned in the (a) above shall ensure that the Rain Water Harvesting System is maintained in good condition for storage of water for non-potable purposes or recharge of groundwater at all times.

c) The Authority may impose a levy of not exceeding Rs.1000/- per annum for every 100 sq.m. of built-up area for the failure of the owner of any building mentioned in the (a) above to provide or to maintain Rain Water Harvesting structures as required under these regulations. Failure to provide a Rain Water Harvesting System shall deemed to be a breach of the conditions on which the development permission has been granted.

Schedule

Rainwater harvesting in a building site includes storage or recharging the groundwater by rainwater falling on the terrace or any paved or unpaved surface within the building site. The following systems may be adopted for harvesting the rainwater drawn from a terrace and the paved surface.

i) Open well of a minimum of 1.0 m. diameter and 6.0 m. in depth into which rain water may be channeled and allowed to filter for removing silt and floating material. The well shall be provided with ventilating covers. The water from the open well may be used for non-potable domestic purposes such as washing, flushing and for watering the garden etc.

ii) Rain Water Harvesting for recharge of ground water may be done through a bore-well around which a pit of 1.0 m. width may be excavated up to a depth of at least 3.0 m. and refilled with stone aggregate and sand. The filtered rainwater may be channeled to the refilled pit for recharging the bore well.

iii)  An impressive surface/underground storage tank of required capacity may be constructed in the setback or other open spaces and the rainwater may be channeled to the storage tank. The storage tank shall always be provided with ventilating covers. It shall have draw-off taps suitably placed so that rainwater may be drawn off for domestic, washing, gardening and such other purposes. The storage tank shall be provided with an overflow.

iv) The surplus rainwater, after storage, may be recharged into the ground through percolation pit trenches or a combination of pits and trenches. Depending on the geomorphological and topographical conditions, the pits may be of a size of 1.20 m. width X 1.20 m. length X 2.0 m. to 2.50 m. depth. The trenches can be of 0.60 m. width X 2.0 to 6.0 m. length X 1.50 to 2.0 m. depth. Terrace water shall be channeled to pits or trenches. Such pits or trenches shall be backfilled with filter media comprising the following materials :-

a) 40 mm stone aggregate as the bottom layer up to 50% of the depth.

b) 20 mm stone aggregate as the lower middle layer up to 20% of the depth.

c) Coarse sand as upper middle layer upto 20% of the depth.

d) A thin layer of fine sand as a top layer.

e) Top 10% of the pits/trenches will be empty and a splash is to be provided in this portion in such a way that rooftop water falls on the splash pad.

f) Brick masonry wall is to be constructed on the exposed surface of pits/trenches and the cement mortar plastered. The depth of the wall below ground shall be such that the wall prevents lose soil from entering into pits/trenches. The projection of the wall above ground shall at least be 15 cm.

g) Perforated concrete slabs shall be provided on the pits/trenches.

h) If the open space surrounding the building is not paved, the top layer up to a sufficient depth shall be removed and refilled with coarse sand to allow percolation of rainwater into the ground.

v) The terrace shall be connected to the open well/bore-well/storage tank/recharge pit/trench by means of HDPE / PVC pipes through filter media. A valve system shall be provided to enable the first washing from the roof or terrace catchment, as they would contain undesirable dirt. The mouth of all pipes and openings shall be covered with mosquito (insect) proof wire net. For the efficient discharge of rainwater, there shall be at least two rainwater pipes of 100 mm. dia. for a roof area of 100 sq.m.

vi) Rain Water Harvesting structures shall be sited so as not to endanger the stability of the building or earthwork. The structure shall be designed such that no dampness is caused in any part of the walls or foundation of the building or those of an adjacent building.

vii) The water so collected/recharged shall as far as possible be used for non-drinking and non-cooking purposes. Provided that when the rainwater in exceptional circumstances is utilized for drinking and/or cooking purposes, it shall be ensured that proper filter arrangement and a separate outlet for bypassing the first rainwater has been provided.

Provided further that, will be ensured that for such use, proper disinfectants and the water purification arrangements have been made.

The structures constructed under this provision shall not be counted toward FSI computation.

Related Regulations

You can visit our other blogs related to Regulations 13 through the below-mentioned links:

Solid Waste Management in UDCPR 2020

Grey Water Recycling And Reuse in UDCPR 2020

Provisions for Barrier-Free Access in UDCPR 2020

Installation of Solar Assisted Water Heating (SWH) System, Roof Top Photovoltaic (RTPV) System in UDCPR 2020

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. 12.3 Alternatives Materials, Methods of Design, Construction and Tests

1) The provision of the regulations is not intended to prevent the use of any material or method of design or construction, not specifically prescribed by the regulations, provided any such alternative has been approved.

2) The provision of these regulations is also not intended to prevent the adoption for architectural planning and layout conceived as an integrated development scheme.

3) The authority may approve any such alternative provided it is found that the proposed alternative is satisfactory and conform to the provisions of relevant parts regarding material, design, and construction and that material, method or work offered is, for the purpose intended, at least equivalent to that prescribed in the rules in quality, strength, compatibility, effectiveness, fire rating and resistance, durability and safety.

4) Tests : Whenever there is insufficient evidence of compliance with the provisions of the regulations of evidence that any material or method of design or construction does not conform to the requirements of the rules or in order to substantiate claims for alternative materials, design or methods of construction, the Authority may require tests sufficient in advance as proof of compliance. These tests shall be made by an approved agency at the expense of the owner.

5) The test method shall be as specified by the regulations for the materials or design or construction in question. If there are no appropriate test methods specified in the regulations, the Authority shall determine the test procedure. For methods of testing for building materials, references may be made to relevant Indian standards as given by the National Building Code of India, published by the Bureau of Indian Standards. The latest version of the National Building Code of India shall be taken into account at the time of enforcement of these rules.

6) Copies of the results of all such tests shall be retained by the authority for a period of not less than two years after the acceptance of the alternative material.

Related Regulations

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

Signs and Outdoor Display Structures in UDCPR 2020

Drainage and Sanitation Requirements in UDCPR 2020

Water Supply, Drainage, and Sanitary Requirements in UDCPR 2020

Building Services 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

UDCPR 2020 Chapter 8 is all about the Parking, Loading, and Unloading Spaces 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. 8.2 Off-Street Parking Requirement

8.2.1 Off-street parking requirement

Off-street parking requirements shall be based on Table No.8-B below and factors mentioned in Table No.8-C of Regulation No.8.2.2 for various cities/areas. Total parking requirement for a building shall be worked out as per Table No.8-B, and then factor mentioned in Table No.8-C shall be applied to arrive at required parking for a building.

Note-

i) After calculating the parking for the entire building, the multiplying factor given in Table 8-C shall be applied. The fraction of parking spaces more than 0.5 shall be rounded to the next digit.

ii) In the case of independent single-family residential bungalows having plot areas up to 300 sq. m., parking space need not be insisted separately. Further, a garage shall be allowed in the rear or side marginal distance at one corner having minimum dimensions of 2.5 m. x 5.0 m. and maximum dimensions 3.0 m. x 6.0 m. i.e. minimum 12.5 sq.m. and maximum 18.0 sq.m. built-up area.

iii) In the case of shops, and row houses on plots up to 100 sq.m., parking space need not be insisted.

iv) Mechanical/Hydraulic/Stack parking/multi-storeyed parking with or without a car lift may be allowed to meet the requirement.

v)  Parking more than 50% over and above stipulated in tables 8-B and 8-C, shall be liable for payment of charges at the rate of 10% of the land rate mentioned in the ASR without taking into account guidelines therein. Such charges shall be recovered on the area covered under car/scooter parking over and above the requirement. However, for public semi-public, hotel, hospital, and educational buildings, such charges shall not be leviable.

Parking requirements as stipulated in Table 8-B and Table 8-C, may be permitted for the full permissible potential of the plot even though Building permission is sought for and sanctioned for only part of the full potential. In such cases, the difference between the number of parking required for such part potential and full permissible potential shall be liable for payment of charges as above, at the time of final occupancy certificate for such sanctioned permission,

Or

If the building permission proposal for the balance potential is not submitted before such final occupancy certificate, then such excess parking shall deemed to be treated as public parking and shall be handed over for the same purpose to the Authority free of cost.

vi) In case of a plan for additional built-up area on an existing building and where existing built-up is to be retained as per earlier sanction - off-street parking requirement (number of units) shall be calculated only for the newly proposed additional built-up area as per this regulation and existing parking area shall be retained as per approved plan. If the additional built-up area along with the existing built-up area is proposed to be revised as per these regulations (UDCPR) then the total parking requirement shall be calculated as per this regulation and existing parking units are to be deducted to arrive at the new number of parking units required.

vii) Multiplying factor as per regulation No.8.2.2, Table No.8-C shall not be applicable for Two-wheeler parking for Sr. No. (i) - Multi-Family residential of Sr.No.1 - Residential in Table No.8-B of Regulation No.8.2.1.

Related Regulations to Rule No. 8

Parking Spaces in UDCPR 2020