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. 12.1 Structural Design

The structural design of foundations, elements made of masonry, timber, plain concrete; reinforced concrete, pre-stressed concrete, and structural steel shall be carried out in accordance with Part 6. Structural Design Section-1 - Loads, courses and Effects, Section 2 - Soils and Foundation, Section 3 - Timber and Bamboo, Section 4 - Masonry, Section 5 - Concrete, Section 6 - Steel, Section 7 - Prefabrication, Systems Building and mixed/composite construction of National Building Code of India, amended from time to time. Proposed construction shall be as per the norms as specified by the Bureau of Indian Standards, for the resistance of earthquake, Fire Safety, and natural calamities. A certificate to that effect shall be submitted by the Licensed Structural Engineer of the developer/land owner, along with the proposal for development permission, as prescribed in these Regulations.

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

Building Services in UDCPR 2020

Quality of Materials and Workmanship in UDCPR 2020

Signs and Outdoor Display Structures 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. 13.4 Grey Water Recycling And Reuse

Grey Water - This refers to wastewater from bathrooms, sinks, showers, wash areas, etc.

Applicability - These Regulations shall be applicable to all Developments/Redevelopments/part Developments for the uses as mentioned under Regulation No.13.4.1 to 13.4.6 and shall have the provision for treatment, recycling, and reuse of Grey Water. The applicant shall along with his application for obtaining necessary layout approval / building permission shall submit a plan showing the location of Grey Water Treatment Plant, furnishing details of calculations, implementation, etc. This Plan shall accompany with the applicant’s commitment to monitor the system periodically from the date of occupation of the respective building.

13.4.1 For Layout Approval/Building Permission

i)  In case of Residential layouts, area admeasuring 10000 sq.m. or more, in addition to 10% open space, prescribed in the bye- laws, a separate space for Grey Water Treatment and Recycling Plant should be proposed in the layout. This may be proposed in amenity space as per Regulation No.3.5.

ii)  On the layout Plan, all Drainage lines, Chambers, Plumbing lines should be marked in different colour and submit the layout for approval to the Authority.

iii) The recycled water shall be used for gardening, car washing, toilet flushing, irrigation, etc. and in no case for drinking, bathing, washing utensils, clothes etc.

iv) A clause must be included by the owner/developer in the purchase agreement that the purchaser, owner of the premises/organization or society of the purchasers shall ensure that :

a) The recycled water is tested every six months either in a municipal laboratory or in the laboratory approved by the Authority or by State Government and the result of which shall be made accessible to the competent authority / EHO of the respective ward office.

b) Any recommendation from the testing laboratory for any form of corrective measures that are needed to be adopted shall be compiled. Copy of any such recommendation and necessary action taken shall also be sent by the testing laboratories to the Competent Authority / EHO of respective Wards.

c) Maintenance of the Recycling Plant should be done by the Developer or Housing Society or Owner.

13.4.2 Group Housing/Apartment Building

In the case of a Group Housing scheme or a multi-storeyed building having 100 or more tenements, Grey Water Recycling Plant as mentioned in Regulation No.13.4.1 above, should be constructed. In the case of EWS/LIG tenements, this shall be provided for tenements of 150 or more.

13.4.3 Educational, Industrial, Commercial, Government, Semi-Government Organizations, Hotels, Lodgings, etc.

For all above buildings having built-up area of 1500 sq.m. or more or if water consumption is 20,000 litre per day whichever is minimum, then provision for Grey Water Treatment Plant as mentioned in Regulation No.13.4.1 is applicable.

13.4.4 Hospitals

Those Hospitals having 40 or more beds, Grey Water Recycling Plant as mentioned in Regulation No.13.4.1 is applicable.

13.4.5 Vehicle Servicing Garages

All Vehicle servicing garages shall ensure that the Grey water generated through the washing of vehicles is treated and recycled back for the same use as mentioned in Regulation No.13.4.1.

13.4.6 Other Hazardous uses

All other Establishments/Buildings where chances of Waste Water generated containing harmful chemicals, and toxins are likely and where such water cannot be directly led into municipal sewers, the concerned Competent Authority may direct the Owners, and users of such Establishments and buildings to treat their Waste Water as per the directions laid in Regulation No.13.4.1.

13.4.7 Incentive

The Owner/Developer/Society setting up and agreeing to periodically maintain such Grey Water Treatment and Recycling Plant entirely through their own expenditure shall be eligible for an incentive in the form of fiscal benefits in Property Tax to the extent of 5% to Tenement holder/Society.

13.4.8 Penalty Clause

Any person/Owner/Developer/Organization/Society violating the provisions of these bye-laws, he shall be fined Rs.2,500/- on the day of detection and if the violation continues, then he shall be fined Rs.100/- for every day as concrete action after written Notice from Authority.

If any person/Owner/Developer/Organization/Society fails to operate as determined by the Authorised Officer of the Authority and from the observations of test results and/or physical verification) the Recycling plant, then he will be charged a penalty of Rs.300/- per day and disconnection of the Water connection also.

Related Regulations

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

Rain Water Harvesting 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

Solid Waste Management 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.

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

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

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

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

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

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

Rule No. 3.5 Provision for Amenity Space 

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

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

3.5.1

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

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

i)  Garden.

ii)  Playground.

iii)  Municipal School.

iv)  Municipal Hospital.

v)  Fire Brigade.

vi)  Housing for Project affected Persons.

In such circumstances, amenity space shall be deemed to be reservations/proposals in the Development Plan, and Floor Space Index (FSI) in lieu thereof may be made available in situ on the remaining land. The calculation of this in-situ FSI shall be shown on the layout/building plan. If the owner desires to have TDR against it, instead of in-situ FSI, then he may be awarded TDR. The in-situ FSI or TDR shall be granted only after the transfer of the amenity space to the Authority. The generation of TDR or in-situ FSI shall be equivalent to the quantum mentioned in Regulation No.11.2 of Transferable Development Rights.

Regulation No.11.2 of Transferable Development Rights

Transferable Development Rights (TDR) are compensation in the form of Floor Space Index (FSI) or Development Rights which shall entitle the owner to the construction of a built-up area subject to provisions in this regulation. This FSI credit shall be issued in a certificate which shall be called as Development Right Certificate (DRC).

Development Rights Certificate (DRC) shall be issued by the Authority under his signature and endorsed thereon in writing in figures and in words, the FSI credit in square meters of the built-up area to which the owner or lessee is entitled, the place from where it is generated and the rate of that plot as prescribed in the Annual Statement of Rates issued by the Registration Department for the concerned year.TDR generated within the jurisdiction of a particular Authority shall be utilized within the jurisdiction of the same Authority as per this regulation.

Provided that:-

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

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

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

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

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

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

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

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

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

specified in this regulation.

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

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

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

3.5.2 

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

Regulation No.5.1.8. Provision of Amenity Space

i) In any layout or sub-division of land for residential purposes admeasuring more than 0.4 Ha. (excluding the area of R.P. roads, road widening, and designations) amenity space shall have to be provided for the areas and specified percentages mentioned in the table below.

ii) For calculating the area for Amenity Space, the area covered under the development proposal submitted to the Authority shall only be considered.

iii) The owner shall be entitled to develop the Amenity Spaces as per the uses permissible in the Amenity Spaces.

iv) If the owner agrees to handover and the Authority agrees to take over the amenity space, then such Amenity Space shall be deemed to be reservation in the plan and floor space index (FSI) in lieu thereof (1) subject to maximum receiving potential prescribed in these regulations may be made available in-situ on the remaining land. The calculation of this in-situ FSI shall be shown on the layout/building plan. In the areas where TDR regulations are applicable and if the owner desires to have TDR against it, instead of in-situ FSI, then he may be awarded TDR. The in-situ FSI or TDR shall be granted only after the transfer of the Amenity Space to the Authority. The generation of TDR or in-situ FSI shall be equivalent to the quantum mentioned in the Regulation of TDR.

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

3.5.3 Development of Amenity Spaces in Earlier Sanctioned Layout

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

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

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

provisions of means of access shall be ensured;

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

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

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

Related Regulations to Rule No. 3 - 

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

Recreational Open Spaces in UDCPR 2020

Minimum Plot Area for Various Uses in UDCPR 2020

Provision for Inclusive Housing in UDCPR 2020

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

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

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

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate 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. 2.3 Discretionary Powers - Interpretation 

In conformity with the intent and spirit of these Regulations, the Authority may by order in writing -

i) Decide on matters where it is observed that there is an error in any order, requirement decision, and determination of interpretation made by him or by an Officer authorized by him in the application of these Regulations.

ii) Decide the extent of the proposal of Development Plan/Regional plan with respect to S.No./Gut No./CTS No./Block No./Barrack No./Unit No., where boundaries shown on Development Plan / Regional plan varies with the boundaries as per revenue record/measurement plan / City Survey sheets etc.

iii) Determine and establish the location of zonal boundaries in cases of doubt or controversy.

iv) Decide the alignment of the Development Plan road/Regional plan road where the street layout actually on the ground varies from the street layout as shown on the Development Plan/Regional plan.

v) Correct the alignment of Blue and Red flood lines on the Development Plan/Regional plan where it varies with the said lines given by the Irrigation Department or any other Govt. institutions dealing with the subject, from time to time.

vi) Modify the limit of a zone where the boundary line of the zone divides a plot. In such cases, the zone covering an area of more than 50% shall be considered.

vii) Authorize the erection of a building or use of premises for a public service undertaking for public utility propose only, where he finds such an authorization to be reasonably necessary for the public convenience and welfare even if it is not permitted in any Land Use Classification.

viii) Interpret the provisions of these Regulations where there are clerical, or grammatical mistakes, if any.

Related Regulations to Rule No. 2- 

You can visit our other blog on Regulation 2 through the below-mentioned links:

Commencement of Work in UDCPR 2020

Various Regulations in Chapter 2 in UDCPR 2020

Procedure During Construction in UDCPR 2020

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

Grant or Refusal of Permission in UDCPR 2020

Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate in UDCPR 2020

Permission from the Planning Authority is Mandatory in UDCPR 2020