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TDR – Transferable Development Rights

Introduction –

If any land is affected by reservation of amenity, road, garden or any other reservation then that land has to be surrendered to respective authority. After handover of the land area the authority gives development right certificate as compensation instead of money. These rights are called TDR (Transferable Development Rights). It can be sold to people who want to do additional construction on their land. This way government can save huge money in acquisition of land and the land owners have no loss as he gets compensation for this. Usually for municipal corporations like PMC, PCMC & special planning authority like PMRDA follow this system.

1. Which are 4 types of TDR service on Foot2Feet?

      1.       Generation of TDR  –

        This is process of handing over reservation land to corporation and procuring TDR certificate from them. This may take 6 to 12 months

      2.       Utilization of TDR –       

        This is process in which TDR purchased from land owner is loaded on the new development land. (this may take 1 month )

      3.       Buying of TDR    –            

          In this builder or developer f land buy TDR from TDR owner. This process is somewhat similar to land buying process. This do not take much time.

      4.       Sell TDR       

         Similar to buying, in this TDR is sold by one party.

2. What is the process for Utilization of TDR in Pune?

Loading of TDR on any plot called TDR utilization process. There are certain rules for loading of TDR on any plot or land. This is given in proportion of plot area. Eg – on 9 meter wide road in Pune developer can purchase 40% of TDR means he can purchase & utilize TDR equal to 40% X plot area.

Foot2feet have developed FSI & TDR calculator to find TDR capacity of any land. Click here to check TDR loading capacity & FSI calculation of your plot. 

3. What id TDR Indexing?

TDR from 2016 is associated with ready reckoner rate of land. It means if an owner purchase 100 Square meter TDR generated on a land of rate 10,000 Rs per SQM, and he want to utilize on plot of rate 5,000 RS, then 100 SqM TDR will be considered as200 SQM TDR due torate difference betweenland rate of both the land. You can check Ready Reckoner Rate here

Foot2Feet is about to develop TDR indexing calculator. Check its availability.  

4. What are Types of TDR?

Regular TDR        –             

TDR generated from road or any DP reservation is called as regular tdr.

Slum TDR             –     

 TDR generated from SRA scheme & slums is called as slum TDR.

For utilization of any amount of TDR FSI on any plot in pune , minimum 20% slum TDR is compulsory.

Means any owner hve to purchase 80 % regular tdr& 20 slum TDR.

 

5. What is TDR in construction field?

TDR means Transferable Development Rights.

Transferable Development Right (TDR) certificate (D.R.C.) is issued after handing over land reserved land in DP for  public purpose to PMC instead of cash compensation. Where in TDR given (in the form of FSI) and TDR utilization details are recorded.  DRC holder can use such FSI for self or can sell it to others.

In TDR trading, price is primarily based on demand and supply concept. Due to the TDR trading, the real estate prices are increasing day by day. TDR is a certificate obtained from the Municipal Corporation which an owner of the property obtains where his property is reserved for the purpose of public utilities such as road, garden, school, etc.

6. Who provide  “TDR GENERATION / UTILIZATION” services?

TDR Service providers by  Liasoning Architect or Liaisoning Professionals provide this service. Foot2Feet have best vendors registered who provide service in very low rate.

7. Why TDR Certificate is required?

The TDR certificate is required for reserved rights obtained by the Owner on Surrendering his property to the Municipal Corporation.

Municipal corporation provides additional built-up area instead of area surrendered by the owner of the land so that the extra built-up area can be used by owner in an optimum manner

8. Cost for generation of TDR?

Charges for generation of TDR varies from 250 – 350 RS per sq.ft. Professionals registered with Foot2Feet will always give you assured best rate.

9. What is transfer of development rights?

TDR are usually transferred from fully developed zones to other zones. The basic motive behind this transfer is to facilitate the development of the under developed areas.

As per explanation I to Rule 5 of the MAHARERA Rules, 2017, the TDR Acquisition Cost is included while calculating the land cost, therefore, it finally increases the property prices. It has come up as an urban development tool which has resulted in the congestion in a haphazard manner. This concept came up when there used to be land acquisition by the Government authorities for the formation of Roads, civic amenities, etc. TDR certificate minimizes the Time needed and easily helps in the process of acquisition as the owner can transfer his rights with the help of this certificate.

10. What are the Document Required for  “TDR  generation”?

Here is list of documents for making of TDR of reservation land.

1.       T.D. R.  Book and real estate management

2.       7/12 Extract / Property Card

3.       All Ferfar

4.       B Form and TP Scheme Sight Plan (if available in TP Scheme)

5.       Demarcation certified copy

6.       Falninakasha

7.        Letter of Excess Certificate in case of non-availability of Fertilizer

8.       Gaonnakasha (village map)

9.       Site Plan

10.   Development  Plan of 1987

11.   Percentage (A to R) site Plan (within the limit)

12.    Zoning Demarcation

13.   Zone Certificate

14.   Google Images

There are few more documents which change as per plot location and reservation type.

 

Additional Regulations for Thane, Raigad, Palghar Regional Plan in UDCPR 2020

UDCPR has a Unified rule, which means that instead of having numerous regulations for every city/region in the state, it is better to have a single rule for all cities in Maharashtra.

But due to some geological conditions or some other restrictions, the regulations may vary a bit for some regions in Maharastra. 

 

For Example, the Coastal Region, Hilly Region, Densely Populated Region, and Gaothan can't have the same type of rules, and the rules differ according to it.

 

UDCPR 2020 Chapter 5 is all about Additional Provisions for Regional Plan Areas.

 

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

 

Rule No. 5.2 For Thane - Raigad - Palghar Regional Plan

 

Development around Tarapur Atomic Power Station in Tarapur - Boisar Area

 

5.2.1

 

The development within the area of a 5km to 16 km radius of Tarapur Atomic Power Station shall be governed by the following regulations.

 

Rule No. 5.2.1.1  Provisions mentioned in Regulation No.6.23 shall be applicable with the following changes-

 

Side and Rear Marginal Distances for the building of Height more than mentioned in Table No.6-D/6-E of Regulation No.6.2.1 and 6.2.2 :- The marginal distances on all sides, except the front side, of the building shall be a minimum of 6.0 m. or H / 5, whichever is more.

(Where H = Height of building above ground level) Provisions mentioned in Regulation No.6.2.4 shall be applicable

 

Rule No. 5.2.1.2  Provisions mentioned in Regulation No.6.10 shall be applicable with the following changes :- Distance between Two Buildings :- 

 

The distance between the two buildings shall be 6.0 m. or H/5 of the taller building between the two adjoining buildings, whichever is more. (Where H - Height of building above ground level)

 

Rule No. 5.2.1.3  Provisions mentioned in Regulation No.6.10 shall be applicable with the following changes :- Height of Building :-

 

The maximum permissible height of the building, including the parking floor, shall be 24.0 m.

 

5.2.1.4  Permissible FSI -

 

a) Provisions mentioned in Regulation No.6.1 and 6.3 shall be applicable with the following changes :-

 

The permissible Basic Floor Space Index shall be 1.10. In to basic permissible FSI, 0.30 FSI shall be permissible on payment of premium.

 

If the land is affected by the proposed road or road widening and if the owner hand over the land under such proposed road or road widening of very said plot, free of cost and free from all encumbrances, to the Authority, such FSI can be used instead of FSI on payment of the premium to the maximum extent of 0.30 or 0.30 FSI over and above. 1 Basic FSI may be allowed to be utilized partly from road widening FSI of the very said plot and partly from premium FSI.

 

Provided that, the above provision of FSI shall also be permissible for earlier sanctioned proposals within the limits of maximum permissible FSI of 0.75 or 1.00, as the case may be, subject to the marginal distances and Distance between Two buildings as prescribed above.

 

b) Provisions mentioned in Regulation No.7.7.2 shall be applicable with the following changes :- Development of Housing for EWS/LIG - proposed in Agriculture Zone as per Regulation No.7.7.2 - FSI permissible shall be 1.0.

 

c) Provisions mentioned in Regulation No.4.11 shall be applicable with the following changes :- FSI for users permissible in the Agriculture Zone shall not exceed the FSI as prescribed in Regulation No.4.11.

 

However, if FSI on payment of premium is permissible over and above the FSI allowed without payment of premium to a certain user in Regulation No.4.11, then the maximum FSI on payment of premium for such user shall be permissible to the extent of such permissible FSI on payment of premium or 0.40, whichever is minimum.

 

d) Provisions mentioned in Regulation No.6.4 shall be applicable with the following changes :- The permissible basic Floor Space Index shall be 1.00. In addition to the basic permissible FSI, 0.40 FSI shall be permissible on payment of premium.

 

e) Provisions mentioned in Regulation No.6.1 and 6.4 shall be applicable with the following changes :- Notwithstanding anything mentioned in various provisions of Unified Development Control and Promotion Regulation, Ancillary FSI shall not be permissible in this area.

 

5.2.1.5 

 

Excepting the Regulation mentioned above, all other Regulations in the Unified Development Control and Promotion Regulation shall be applicable for the area.

 

Related Regulations to Rule No. 5 - 

 

You can visit our other blogs related to Regulations 5 through the below-mentioned links:

 

Additional Rules for Regional Plan Area than Basic UDCPR Rules in UDCPR 2020

 

Additional Regulation for Ratnagiri in UDCPR 2020

 

Additional Regulations for Kolhapur in UDCPR 2020

 

Additional Regulations for Satara in UDCPR 2020

 

Additional Regulations for Hingoli, Buldhana, Washim, Yavatmal, Nanded Regional Plan in UDCPR 2020

 

Additional Regulations for Raigad in UDCPR 2020

 

Additional Regulations for Solapur in UDCPR in 2020

 

Additional Regulations for Pune in UDCPR 2020

 

Additional Regulations in Aurangabad in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

UDCPR 2020 Chapter 14 is all about the Special Schemes as per mentioned in the UDCPR 

 

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

 

Rule No. 14.12 Industrial Township under Aerospace and Defense Manufacturing Policy

 

Industrial Township under the Aerospace and Defense Manufacturing Policy shall be permitted in Commercial, Industrial, and Agricultural Zone in Development Plan and Regional Plan areas. Other stipulations for Industrial Township under Aerospace and Defense Manufacturing Policy - 2018, declared by the State Government in Industry, Energy Labour Department vide Government Resolution No.Asangho-2015/Pra.Kra.98/Udyog-2, dated 14/02/2018, shall be applicable.

 

The FSI permissible for this Industrial Township shall be as per the FSI permissible in the Industrial Zone. The lands that are included in the Agricultural Zone in the Development or Regional Plan shall be treated as included in the Industrial Zone after the permission is granted for this Industrial Township.

 

Provided that up to 20% of the total built-up area of such Industrial Township may be used for residential/commercial purpose/support activities.

 

Provided further that the Research and Development Institutions in such Industrial Township shall be eligible for an additional 0.50 FSI over permissible FSI as per these Regulations.

 

Rule No. 14.13 Development of Integrated Industrial Area

 

The development of an Integrated Industrial Area within the jurisdiction of Maharashtra Industrial Development Corporation shall be allowed as per the Urban Development Department’s Notification No.TPB-4314/20/CR-32/2014/UD-11, dated 1st August, 2015. The Principal Regulations referred to in the said notification shall be deemed to have reference to provisions of UDCPR along with specific regulations related to MIDC mentioned in Chapter 10.

 

Related Regulations

 

You can visit our other blogs related to Regulations 14 through the below-mentioned links:

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

Development of Tourism and Hospitality Services under Community Nature Conservancy around Wild Life Sanctuaries and National Park in UDCPR 2020

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Redevelopment of Existing Buildings in UDCPR 2020

 

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

 

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

 

Rule No. 7.5 Protection of FSI in Redevelopment of Existing Buildings

 

For redevelopment or reconstruction of existing buildings, the FSI to be allowed shall be FSI permissible under Regulation No.6.1 or 6.3, or the FSI consumed by the existing authorized building including TDR, premium FSI, etc., whichever is more. (Such TDR, Premium FSI, etc. utilized in an existing building shall be treated as authorized consumed FSI entitled for redevelopment.)

 

Rule No 7.6 Redevelopment of Old Dilapidated/Dangerous Buildings

 

Reconstruction/Redevelopment in whole or in part of any building which has ceased to exist in consequence of accidental fire/natural collapse or demolition for the reasons of the same having been declared dangerous or dilapidated or unsafe by or under a lawful order of the Authority or building having age of more than 30 years, shall be allowed subject to following conditions.

 

Rule No. 7.6.1  Redevelopment of Multi-Dwelling Building of Co-Operative Housing Societies/Apartments

 

i) FSI allowed for redevelopment shall be FSI of existing authorized building and incentive FSI to the extent of 30% of existing built-up area or 15 Sq.m. per tenement, whichever is more. Provided further that if the existing authorized built-up area and incentive thereon as stated above is less than the maximum building potential mentioned in Regulation No.6.1 or 6.3, as the case may be, then society may avail premium FSI/TDR up to the maximum building potential. Such incentive FSI shall not be applicable for the redevelopment of the existing bungalow.

 

ii) In cases where the carpet area occupied by residential tenement in the existing building is less than the carpet area of 27.87 sq.m. then such tenement shall be entitled for a minimum carpet area of 27.87 sq.m. and the difference of these areas shall be allowed as additional FSI without any premium.

 

In the case of a non-residential occupier the area to be given in the reconstructed building shall be equivalent to the area occupied in the old building.

 

iii) This regulation shall be applicable only when existing members of the societies are proposed to be re-accommodated.

 

iv) If tenanted building/s and building/s of co-operative housing society/non-tenanted building/s coexist on the plot under development, then proportionate land component as per existing authorized built-up area of the existing tenanted building on the plot shall be developed as per Regulation No.7.6.2 below and remainder notional plot shall be developed as per this regulation.

 

7.6.2 Redevelopment of tenanted buildings

 

i) The FSI allowed for redevelopment of the building having protected tenants under the relevant provisions of law, shall be FSI permissible under Regulation No.6.1 or 6.3, or the FSI consumed by the existing authorized building including TDR, premium FSI, etc., whichever is more. (Such TDR, Premium FSI, etc. utilized in the existing building shall be treated as a basic FSI for redevelopment.) In addition to this, 50% incentive FSI of the rehab. area required for the rehabilitation of tenants shall be allowed. Provided that rehab. area shall be the authorized utilized area or 27.87 sq.m. carpet area per tenement, whichever is more. In the case of a non-residential occupier, the area to be given in the reconstructed building shall be equivalent to the area occupied in the old building.

 

Provided that, where such building is partly self-occupied by the owners, then entitlement of such partly area shall be governed by the provisions mentioned in Regulation No.7.6.1 above.

 

Provided further that, if the existing authorized built-up area and incentive thereon as stated above is less than the maximum building potential mentioned in Regulation No.6.1 or 6.3, as the case may be, then society may avail premium FSI/TDR up to the maximum building potential.

ii) All the eligible tenants of the old building shall be re-accommodated in the redeveloped building.

 

iii) In case of fire-gutted buildings, conditions of more than 30 years of age of buildings shall not be applicable.

 

Note :- (applicable for Regulation No.7.6.1 & 7.6.2)

 

1) For the purpose of deciding the authenticity of the structure if the approved plans of the existing structure are not available, the Authority shall consider other evidence such as Assessment Record City Survey Record, or Sanad.

 

2) The new building may be permitted to be reconstructed in pursuance of an agreement to be executed on stamp paper by at least 51% of the landlord/occupants in the original building, within the meaning of the Bombay Rents, Hotel and Lodging House Rents Control Act, 1947 or Apartment Act and its related provision and in such agreement provision for accommodation for all occupants in the new building on agreed terms shall be made and a copy of such agreement shall be deposited with the Planning Authority before commencement or undertaking reconstruction of the new buildings.

 

3) An amount as may be decided by the Government shall be paid by the Owner/Developer/Society as additional Development Cess for the built-up area over and above the Base FSI. A corpus fund as decided by the Authority is to be created by the Developer which will take care of the maintenance of the building for a period of 10 years.

 

 

Related Regulations to Rule No. 7

 

Rule No. 7.0 in UDCPR 2020

 

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

 

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

 

Development and Redevelopment of Housing Schemes of Maharashtra Housing Area Development Authority 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

 

Additional Rules for Regional Plan Area than Basic UDCPR Rules in UDCPR 2020

UDCPR has a Unified rule, which means that instead of having numerous regulations for every city/region in the state, it is better to have a single rule for all cities in Maharashtra.

But due to some geological conditions or some other restrictions the regulations may vary a bit for some regions in Maharastra. 

 

For Example, the Coastal Region, Hilly Region, Densely Populated Region, and Gaothan can't have the same type of rules, and the rules differ according to it.

 

UDCPR 2020 Chapter 5 is all about Additional Provisions for Regional Plan Areas.

 

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

 

Rule No. 5.0 General 

 

In addition to the provisions mentioned in these Regulations, the following additional provisions shall be applicable for the areas of the Regional Plans/Authorities mentioned hereinunder. These provisions shall prevail over the provisions, if any, mentioned in this Development Control and Promotion Regulations to that extent.

 

Rule No. 5.1 For All Regional Plan Areas 

 

5.1.1 Development Permissible Adjacent to Gaothan

 

For the villages in the area of Regional Plans (excluding the area of Local Bodies and SPA where a Development Plan or planning proposal is sanctioned) where no specific residential zone is shown, for such villages, development permissible in a residential zone, may be permitted :-

 

i)  Within a belt of 2.00 km. from the boundaries of the Municipal Corporation, 1.00 km. from the boundaries of the Municipal Council, and 0.50 km. from the boundaries of Nagar Panchayat, where zone plans are  prepared or not prepared in the Regional Plan for such area;

 

However, the proposed development within such belt shall be guided by the road network of published/sanctioned zone plans or elsewhere proper road network plan prepared and approved by the Director of Town Planning within 6 months or within such time limit as extended by the Government.

 

ii)  Within a belt of 500 meters from the gaothan limits of settlements having a population of less than or equal to 5000 as per the latest Census and;

 

iii)  Within a belt of 1500 meters from the gaothan limits of settlements having a population of more than 5000 as per the latest Census;

 

iv)  in the case of settlements of both the categories mentioned in (ii) and (iii) above, falling in the planning areas/Zone Plans of Regional Plans, such distance from the gaothan limits shall be 500 meters only;

 

v)  in the case of village settlements in the Western Ghat hilly area (eco-sensitive zone) in the Regional Plan of Satara, Pune, Ahmednagar, Dhule, Kolhapur, Nashik, Nandurbar, Sangli, Sindhudurg, Thane, Palghar and Raigad District or as notified by Govt. from time to time such distance shall be 200 m. only

 

vi)  in the case of villages in the Regional Plan of Mumbai Metropolitan Region and Raigad, such distance shall be 500 m. only.


Provided that, such development shall be permitted only 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. This rate of premium shall be subject to orders of the Government from time to time, Provided further that, for the areas which are converted into Municipal Councils / Nagar Panchayats within the Regional Plan (under the provision of Maharashtra Municipal Councils, Nagar panchayats and Industrial Townships Act, 1965), such premium shall be calculated considering 5% rate of the said land as prescribed in the Annual Statement of Rate for the year while granting such residential development (without considering the guidelines therein).

 

Provided further that, no such premium shall be applicable for the development of an

individual house of an owner or farmhouse on the owner's land.

 

Provided further that no such premium shall be applicable for revised permission on the land where development/Layout permission is granted prior to sanction of the respective land where development/Layout permission is granted prior to sanction of the respective Regional Plan, more specifically mentioned in Regulation No.5.1.3 below.


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

 

Provided further that the criteria of “distance from gaothan” shall also be applicable to the lands from the nearest gaothan of any village.


Provided further that this provision shall not bar development permission for the uses, otherwise permissible, in the agricultural zone as per UDCPR within a specified distance from gaothan mentioned in this regulation.

 

Provided also that this regulation shall also apply to all declared/Notified Gaothan under M.L.R.C. whether shown on the Regional Plan or not.


Provided further that in respect of the Ratnagiri-Sindhudurg Regional Plan, this provision shall be subject to provisions mentioned in Regulation No.5.3.

 

5.1.2 Regulations for Development of Tourist Resorts/Holiday Homes/Township in Hill Stations Types Areas under Hill Stations Policy

 

The developments under the Hill Station Policy shall be governed by the Special Regulations as sanctioned by the Government vide notification No.TPS-1893/1231/C.R.123/96/UD-13, dated 26/11/1996, and its amendments by the Government from time to time.

 

5.1.3  Committed Development

 

i)  Any development permission granted or any development proposal for which tentative or final approval has been recommended by the concerned Town Planning Office and is pending with the concerned Revenue Authority for demarcation or for final N.A. permission before publication of draft R.P. (date of resolution of the R.P. Board for publication) shall be continued to be valid for that respective purpose/use irrespective of approved Floor Space Index. Provided that, it shall be permissible for the owner to either continue with the permission in toto as per such earlier approval or apply for a grant of revised permissions under these regulations. However, in such cases of revision, the premium, if any, shall not be applicable, for approved permissions (including tentative). This provision shall not cover the cases mentioned in 5.1.3 (iii) below.

 

ii)  The layout already approved/development permission already granted for residential purposes and which is valid as per the provisions of UDCPR shall be entitled to development subject to the use of earlier permission. This shall also be applicable to cases where sale permission for N.A. use has been granted prior to the date of sanction of these Regulations, for the same use as the one for which sale permission was granted.

 

iii)  The layout already approved/development permission already granted for the uses permissible in agricultural or such restrictive zones and which are valid as per the provisions of UDCPR shall be entitled to development subject to use and FSI of the respective use granted in earlier permission.

 

5.14 Rectification of draftsman's error

 

i) Draftsman's errors, which are required to be corrected as per the actual situation on site/or as per Survey Records, sanctioned layout, etc., shall be corrected by the concerned District Collector, after due verification and prior approval of the concerned Divisional joint Director of Town Planning.

 

ii)  Drafting errors, if any, regarding Private Lands shown by mistake in the restrictive zone such as defense zone, forest zone, command area, etc., shall be corrected after due verifications of records and situation on the ground by the concerned Authority with prior approval of Divisional Joint Director of Town Planning. In such cases, private land will be included in the adjacent zone.

 

iii)  The boundaries of the designated or Notified Eco-Sensitive Zone for Bird Sanctuary, Wildlife Sanctuary, and other projects shown on the Regional Plan shall be as per the final notification issued under the Environment (Protection) Act, 1986. All conditions regarding development, including Buffer Zone, in pursuance of the provisions of the said Act shall be applicable.

 

5.15 Highways Notified by State/Central Government

 

If any highway/ring road/expressway and any other classified road are notified by the State/Central Government Highway Authority under the provisions of the relevant act, then the alignment of such notified road shall be deemed to be part of the Regional Plan and for this, a procedure under section 20 of M.R. & T.P. Act, 1966 shall not be necessary.

 

5.1.6  Station Area Development

 

The development of in agriculture zone around any functional railway station up to a distance of 500 m. shall be permitted by charging a premium at a 30% rate of the said land as mentioned in the ASR on a total area of land under development, subject to the following -

i) Within a 100 m. distance from the periphery of the station, the users related to the railway station and other users (excluding Residential) shall be permitted.

 

ii) In the remaining distance within 500 m., all users permissible in the Residential Zone shall be permitted.

 

iii) The rate of premium shall be subject to the Government's order from time to time.

 

5.1.7  Modification proposals already sanctioned

 

All the modification proposals from the Regional Plan already sanctioned by the State Government under section 20(4) of Maharashtra Regional and Town Planning Act, 1966, but not shown in the respective zone in the Regional Plan shall be treated as included in the respective Zone as per the modification sanctioned by the State Government.

 

5.1.8  Provision of Amenity Space

 

i) In any layout or sub-division of land for residential purposes measuring 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.

 

Area of LandAmenity Space to be provided
up to 4000 sq.mNil
more than 4000 sq.m10%

 

ii) For calculating the area for Amenity Space, an 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.

 

iii) 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 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.

 

iv) (1) Proviso of Regulation No.3.5.1, shall be applicable to this regulation. 

 

5.1.9 Residential Zone with Payment of Premium

 

Wherever such a zone is proposed in a sanctioned Regional Plan, provisions related to such zone will continue to that extent.

 

Related Regulations to Rule No. 5 - 

 

You can visit our other blogs related to Regulations 5 through the below-mentioned links:

 

Additional Regulations for Thane, Raigad, Palghar Regional Plan in UDCPR 2020

 

Additional Regulation for Ratnagiri in UDCPR 2020

 

Additional Regulations for Kolhapur in UDCPR 2020

 

Additional Regulations for Satara in UDCPR 2020

 

Additional Regulations for Hingoli, Buldhana, Washim, Yavatmal, Nanded Regional Plan in UDCPR 2020

 

Additional Regulations for Raigad in UDCPR 2020

 

Additional Regulations for Solapur in UDCPR in 2020

 

Additional Regulations for Pune in UDCPR 2020

 

Additional Regulations in Aurangabad in UDCPR 2020

 

Procedure During Construction 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 the Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limits of the 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. 2.8 Procedure During Construction

 

2.8.1  Owner/Developer/Architect/Town Planner/Engineer/Structural Engineer/supervisor or any licensed technical person's Responsibilities in their respective domain.

 

i) Neither granting of the development permission nor the approval of the drawings and specifications, nor the inspections, made by the Authority during the erection of the building shall, in any way relieve the Owner/Developer/Architect/Town Planner/Engineer/Structural Engineer/Supervisor or any licensed technical person, of such building/development from full responsibility for carrying out the work in accordance with the requirements of these regulations and safety norms as prescribed by the bureau of Indian Standards.

 

ii)  Every owner/developer shall :

 

a) Permit the Authority or his representative to enter the building or premises for which permission has been granted at any reasonable time to enforce these Regulations.

 

b) Submit the certificate for the execution of work as per structural safety requirements and give written notice to the Authority regarding the completion of work.

 

c) Give written notice to the Authority in case of termination of services of a Technical professional engaged by him.

 

2.8.2 Results of Test

 

Where tests of any materials are made to ensure conformity with the requirements of these regulations, records of the test data shall be kept available for inspection during the construction of the building and for such period thereafter as may be required by the Authority.

 

2.8.3 Display Board

 

As soon as the development/building permission is obtained, the owner/developer shall install a "Display Board" on a conspicuous place on-site indicating the following details :-

 

i)  Name and address of the owner, developer, and all concerned licensed persons

 

ii)  Survey number/city survey number of land under reference

 

iii)  Order number and date of grant of development/building permission/redevelopment permission issued by the Authority.

 

iv) Built-up area permitted

 

v)  RERA registration no

 

vi) Software QR Code for the Project generated in online building permission.
Such a Display Board shall not be required for individual plot holders' individual buildings.

 

2.8.4 Plinth Checking

 

The owner shall give intimation in the prescribed form in Appendix - F to the Authority after the completion of work up to the plinth level. This shall be certified by the Architect/licensed Engineer/Supervisor with a view to ensuring that the work is being carried out in accordance with the sanctioned plans. After such intimation, the construction work shall be carried out further. The officers of the Authority, who are empowered to grant development permission and subordinate officers to him, shall each, inspect about 10% of such plinth-certified cases.

 

2.8.5  Deviation During Construction

 

If during the construction of a building, any deviation of a substantial nature from the sanctioned plans is intended by way of internal or external additions, sanction of the Authority shall be necessary. A revised plan showing the deviation shall be submitted and the procedure laid down for the original plans shall apply to all such amended plans. Any work done in contravention of the sanctioned plans, without prior approval of the Authority, shall be deemed as unauthorized. However, any changes made within the internal layout of a residential or commercial unit, which does not violate FSI or other regulations, shall not be treated as unauthorized. Such changes shall be incorporated into the plan along with the completion certificate. Provided that revised permission may also be granted after the completion of work before obtaining a full occupancy certificate.

 

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

 

Grant or Refusal of Permission in UDCPR 2020

 

Various Regulations in Chapter 2 in UDCPR 2020

 

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

 

Discretionary Powers Interpretation 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