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Pune, Maharashtra 411033

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Pune, Maharashtra 411033

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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.

 

Various Regulations 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. 2.9 Completion Certificate

 

The owner through his Architect/licensed engineer/town planner/supervisor, as the case may be, who has supervised the construction, shall furnish a building completion certificate to the Authority in the form in Appendix - G. This certificate shall be accompanied by three sets of plans of the completed development, the certificate about the operation of the lift from consultant and certificate of structural stability, wherever necessary.

 

In case of special buildings, the Completion Certificate shall also be accompanied with the NOC from the Chief Fire Officer of the respective Authority or Director of Fire services, as the case may be.

 

Rule No. 2.10 Occupancy Certificate

 

The Authority after inspection of the work and after satisfying himself that there is no deviation from the sanctioned plans as mentioned in Regulation No.2.8.5, issues an occupancy certificate in the form in Appendix – H or refuses to sanction the occupancy certificate in Appendix - I within 21 days from the date of receipt of the said completion certificate, failing which the work shall be deemed to have been approved for occupation, provided the construction conforms to the sanctioned plans. One set of plans, certified by the Authority, shall be returned to the owner along with the occupancy certificate. Where the occupancy certificate is refused or rejected, the reasons for refusal or rejection shall be given in intimation of the rejection or the refusal The applicant may request for Deemed Occupancy Certificate, if eligible, as above. The Authority shall issue the Deemed Occupancy Certificate within 15 (fifteen) days of the application.

 

Rule No. 2.11 Part Occupancy Certificate

 

When requested by the holder of the development permission, the Authority may issue a part occupancy certificate for a building, or part thereof, before completion of the entire work as per development permission, provided sufficient precautionary measures are taken by the holder of the development permission to ensure public safety and health of the occupants and users of the said portion of the building. The part occupancy certificate shall be subject to the owners indemnifying the Authority in the form in Appendix 'J'.

 

Rule No. 2.12 Inspection

 

The Authority shall have the power to carry out inspection of the work under the provisions of the Act, at various stages to ascertain whether the work is proceeding as per the provisions of regulations and sanctioned plan.

 

Rule No. 2.13 Unsafe Buildings

 

All unsafe buildings shall be considered to constitute a danger to public safety and hygiene and sanitation and shall be restored by repairs or demolished or dealt with as otherwise directed by the Authority. The relevant provisions of the regulations/Act shall apply for the procedure of actions to be taken by the Authority for unsafe buildings.

 

Rule No. 2.14 Offences and Penalties

 

i)  Any person who contravenes any of the provisions of these regulations, any requirements

or obligations imposed on him by virtue of the Act or these regulations, shall :-

 

(a) Be guilty of an offence and upon conviction, shall be punished as stipulated in Section 52 of the Act.

 

(b) Be subject to further suitable actions including demolition of unauthorized works, as stipulated under Sections 53 and 54 of the Act.

 

(c) Where such person is a Licensed Engineer/Structural Engineer/Town Planner/Supervisor, be subject to suitable action against him which may include cancellation of license and debarring him from further practice/business for a period as may be decided by the Authority. Thereupon such Licensed Engineer/Structural Engineer/Town Planner/Supervisor shall be considered debarred for the respective district.

 

(d) Where such person is a registered Architect, be subject to action of the Council of Architecture as per the provisions of the Architects Act, 1972 based on the report of the Authority and debarring him from further practice/ business for a period as may be decided by the Authority.

 

ii) Any person who neglects any requirements or obligations imposed on him including the maintenance of fire protection services, appliances and lifts in working order or who interferes with or obstructs any person in the discharge of his duties shall be guilty of an offence as specified in Section 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 and, upon conviction, shall be subject to penalties and other consequences spelt out in said Act.

 

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

 

Procedure During Construction 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

 

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

 

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

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

 

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


For Example, if the site is in Defense land, Railway region Hilly region, or not appropriately drained in this case there, one cannot construct anything on the land without considering the regulations. This information about reservations and their use is essential when someone starts actual planning, whether they are land owners, builders, or construction owners. It is a must-know information before purchasing land or starting construction on the land.

 

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

 

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

 

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

 

Rule 3.10 Transfer of Land Under D.P Sites (Other than D.P. Road) In Leau of FSI

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Related Regulations to Rule No. 3 - 

 

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

 

Recreational Open Spaces in UDCPR 2020

 

Provision for Amenity Space in UDCPR 2020

 

Minimum Plot Area for Various Uses in UDCPR 2020

 

Provision for Inclusive Housing in UDCPR 2020

 

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

 

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

 

Definitions in Administration in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration 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. 1.3 Definitions

 

In these Regulations, unless the context otherwise requires, the definitions given hereunder, shall have meaning indicated against each of them.

 

Words and expressions which are not defined in these Regulations, shall have the same meaning or sense as in the :-

 

i)  Maharashtra Regional and Town Planning Act, 1966

 

ii)  Maharashtra Municipal Corporations Act, 1949

 

iii)  Nagpur Improvement Trust Act, 1936

 

iv)  Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965

 

v)  Maharashtra Metropolitan Region Development Authority Act, 2016

 

vi)  Maharashtra Land Revenue Code, 1966

 

vii)  Real Estate (Regulation and Development) Act, 2016

 

viii)  National Building Code of India, 2016

 

ix)  Maharashtra Housing and Area Development Act, 1976

 

x)  Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971

 

1. Act - means the Maharashtra Regional & Town Planning Act, 1966 as may be amended from time to time.

 

2. Addition/Alteration - means any change in existing authorized building or change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor, roof or other support or a change to or closing of any required means of ingress or egress or a change to the fixtures of equipment as provided under these regulations. However, modification in regards to gardening, whitewashing, painting, plastering, pointing, paving and retiling shall not be deemed to be alteration.

 

3. Advertising Sign - means any surface or structure with characters, letters or illustrations applied thereto and displayed outdoors in any manner whatsoever for purposes of advertising or to give information regarding or to attract the public to any place for public performance, article or merchandise whatsoever, or is attached to, or forms a part of the building, or is connected with any building or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body.

 

4. Air-conditioning - means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditioned space.

 

5. Accessory Building - means a building separate from the main building on a plot and containing one or more rooms for accessory use such as servant quarters, garages, store rooms etc.

 

6. Accessory/Ancillary Use - means any use of the premises subordinate to the principal use and incidental to the principal use.

 

7. Amenity Space - for the purpose of these regulations, amenity space means a statutory space kept in any layout to be used for any of the amenities such as open spaces, parks recreational grounds, playgrounds, sports complexes, gardens, convenience shopping, parking lots, primary and secondary schools, nursery, health club, Dispensary, Nursing Home, Hospital, sub-post-office, police station, electric substation, ATM of banks, electronic cyber library, open market, garbage bin, assisted living and hospice together, senior citizen housing and orphanage together, project affected persons' housing, auditorium, conventional centre, water supply, electricity supply and includes other utilities, services and conveniences.

 

8. Annual Statements of Rates - means the Annual Statements of Rates (ASR) published by the Inspector General of Registration, Maharashtra State, Pune.

 

9. Architectural Projection - means a chajja, cornice, etc. which is a protrusion from the building facade or line of the building only for aesthetic purposes and not used for any habitable purpose.

 

10. Access - means a clear approach to a plot or a building.

 

11. Architect - An Architect who is a member of the Indian Institute of Architects and duly registered with the Council of Architecture under the Architects Act, 1972.

 

12. Apartment - means whether called block, chamber, dwelling unit, flat, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified.

 

13. Applicant - means any person who is an owner or a person having an irrevocable registered Power of Attorney of an owner and any other document as acceptable to the Authority.

 

14. Authority means :

 

i) in the case of a Municipal Corporation, the Municipal Commissioner or such other officer as he may appoint on this behalf.

 

ii)  in the case of a Zilla Parishad, the Chief Executive Officer or such other officers as he may appoint on this behalf.

 

iii)  in the case of a Municipal Council, the Chief Officer of the Council; and

 

iv)  in the case of any other local authority, Special Planning Authority, New Town Development Authority or Area Development Authority, the Chief Executive Officer or person exercising such powers under Acts applicable to such authorities.

 

v)  in the area of a Regional Plan, the Collector of the District.

 

vi)  in the case of Development Authorities established under the Metropolitan Region Development Authorities Act, the Metropolitan Commissioner or such other officer as he may appoint on this behalf.

 

vii)  in case the land is situated in the gaothan, within the meaning of clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966, the village Panchayat concerned.

 

15. Atrium - means a skylighted and naturally/mechanically ventilated area in a building, with no intermediate floors and used as circulation space or entrance foyer.

 

 

16. Balcony - means a horizontal cantilever projection, including parapet, handrail or balustrade to serve as a passage or sitting out place with at least one side open, except for the railing or parapet wall for safety.

 

 

Also, the non-cantilever balcony shown in the illustration below shall be treated as a balcony.

 

 

17. Basic FSI - means floor Space Index permissible without levy of premium or loading of TDR on any parcel of land as per the provisions of these regulations.

 

18. Basement/Cellar - means the lower storey of a building below or partly below the ground level with one or more than one level.

 

19. Biotechnology Unit/Park - means a Unit or a Park which is certified as such by the Development Commissioner (Industries).

 

20. Building - means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, wells, doorsteps, fencing, plumbing and building services, fixed - platforms, verandahs, balcony; cornice or projection, part of a building or anything affixed thereto or any wall fence enclosing or intended to enclose any land or space and signs and outdoor display structures. However, tents, shamiyanas and the tarpaulin shelters erected for temporary and ceremonial occasions with the permission of the Authority shall not be considered as buildings.

 

21. Built-up Area - means the area covered by a building on all floors including cantilevered portion, and mezzanine floors, if any, but excluding the areas specifically exempted from the computation of Floor Space Index (F.S.I.) under these Regulations.

 

22. Building Line - means the line up to which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend. It includes the lines prescribed, if any, in any scheme and/or development plan/Regional Plan, or under any other law in force.

 

23. Building Height - means the vertical distance measured in the case of flat roofs, from the average level of the ground around and contiguous to the building or as decided by the Authority to the terrace of last floor of the building adjacent to the external walls; to the highest point of the building and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof; and in the case of gable facing road, the mid-point between the eaves level and the ridge. Architectural features serving no other function except that of decoration, terrace water tank, staircase roof and parapet wall shall be excluded for the purpose of measuring heights.

 

24. Cabin - means a non-residential enclosure constructed of non-load bearing, non-masonry partitions.

 

25. Carpet area - means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or veranda area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.

 

Explanation (1) - The expression "exclusive balcony or veranda area" means the area of the balcony or veranda, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee; and "exclusive open terrace area" means the area of open terrace which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee.

 

Explanation (2) - If in any regulation of these regulations, the carpet area is defined differently than what is mentioned here, then the carpet area as mentioned in that regulation, shall be applicable.

 

26. Chajja - means a sloping or horizontal structural overhang usually provided over openings on external walls to provide protection from sun and rain and for the purpose of architectural appearance.

 

27. Chief Fire Officer - means a Chief Fire Officer as specified in the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 and Rules there under as amended from time to time.

 

28. Chimney - means an upright shaft containing one or more flues provided for the conveyance to the outer air of any product of combustion resulting from the operation of heat-producing appliance or equipment employing solid, liquid or gaseous fuel.

 

29. Cluster - means any area of land so defined, under these regulations.

 

30. Combustible Material - means a material which when burnt adds heat to a fire when tested for combustibility in accordance with IS 3808-1979 : Method of test for non-combustibility of building materials (first revision) given in the National Building Code.

 

31. Congested Area - In the case of the Regional Plan area, a land included within the gaothan as determined under Maharashtra Land Revenue Code, 1966, and in the case of other areas as specifically earmarked in the Development Plan/Planning Proposal. (In the case of Nashik Municipal Corporation, a congested area is referred to as a Core area).

 

32. Control Line - means a line on either side of a highway or part of a highway beyond the building line fixed in respect of such highway by the Highway Authority from time to time.

 

33. Courtyard or Chowk - means a space permanently open to sky enclosed on sides fully or partially by buildings and may be at ground level or any other level within or adjacent to a building.

 

34. Canopy - means a cantilevered projection over any entrance to a building.

 

 

35. Convenience Shops - means shops for day-to-day domestic needs, as distinguished from wholesale trade or departmental stores.

 

36. Corridor - means a common passage or circulation space including a common entrance space.

 

 

37. Curb Cut - means a small solid (usually concrete) ramp that slopes down from the top surface of a sidewalk or footpath to the surface of an adjoining street. It is designated for ease of access for pedestrians, bicyclists and differently-abled people.

 

38. Detached Building - means a building whose walls and roofs are independent of any other building with marginal distances on all sides as may be specified.

 

39. Development - Development with its grammatical variations means the carrying out of buildings, engineering, mining or other operations in or over, or under land or the making of any material change, in any building or land or in the use of any building or land or any material or structural change in any Heritage building or its precinct and includes demolition of any existing building, structure or erection of part of such building, structure or erection and reclamation, redevelopment and layout or sub-division of any land and to develop shall be construed accordingly.

 

40. Development Rights - means right to carry out development or to develop the land or building or both and shall include the transferable development right in the form of the right to utilize the floor space index of land utilizable either on the remainder of the land partially reserved for a public purpose or elsewhere as the development control & promotion regulations in this behalf provide.

 

41. Dharmashala - means a building used as a place of religious assembly, a rest house, a place in which charity is exercised with religious or social motives, or a place where in a certain section of people have a right of residence or are granted residence without payment or on nominal payment.

 

42. Development Plan - means a plan for the development or re-development of the area within the jurisdiction of a Planning Authority and includes revision of a Development Plan and Planning Proposals of a Special Planning Authority for the development of land within its jurisdiction.

 

43. Drain - means a system or a line of pipes, with their fittings and accessories, such as manholes, inspection chambers, traps, gullies, floor traps used for the drainage of building, or the number of building or land appurtenant to the buildings within the same cartilage. A drain shall also include an open channel for conveying surface water or a system for the removal of any liquid.

 

44. Dwelling Unit/Tenement - means an independent housing unit with separate facilities for living, cooking and sanitary requirements.

 

45. Eating House - means any premises where any kind of food is prepared or supplied for consumption by the public for the profit or gain of any person owning or having an interest in or managing such premises.

 

46. Enclosed Staircase - means a staircase separated by fire-resistant walls and door(s) from the rest of the building.

 

47. Energy Efficient Building - means a building compliant with the provisions of the Energy Conservation Building Code (ECBC).

 

48. Existing Building or use - means a building, structure or premises or its use existing on the ground.

 

49. Exit - means a passage, channel or means of egress from any building, storeys or floor area to a street or other open space of safety.

 

i) “Horizontal Exit” means a protected opening through or around a firewall or a bridge connecting two or more buildings.

 

ii) “Outside Exit” means an exit from a building to a public way, or to an open area leading to a public way, or to an enclosed fire-resistant passage leading to a public way.

 

iii) “Vertical Exit” means an exit used for ascension or dissension between two or more levels including stairways, smoke-proof towers, ramps, escalators and fire escapes.

 

50. External Wall - means an outer wall of a building not being a party wall even though adjoining to a wall of another building and also means a wall abutting on an interior open space of any building.

 

51. Escalator - means a power-driven, inclined, continuous stairway used for ascending or descending between floors or bridges over a road/railway line.

 

52. Escape Route - means any well-ventilated corridor, staircase or other circulation space, or any combination of the same, by means of which a safe place in the open air at ground level can be reached.

 

53. Fire and/or Emergency Alarm System - means an arrangement of call points or detectors, sounders and other equipment for the transmission and indication of alarm signals, for testing of circuits and, whenever required, for the operation of auxiliary services. This device may be workable automatically or manually to alert the occupants in the event of fire or other emergency.

 

54. Fire Lift - means a special lift designed for the use of fire service personnel in the event of fire or other emergency.

 

55. Fire Proof Door - means a door or shutter fitted to a wall opening made of fire-resistant material to prevent the transmission and spread of heat, smoke and fire for a specified period.

 

56. Fire Pump - means a machine driven by external power of transmitting energy to fluids by coupling the pump to a suitable engine or motor, which may have varying outputs/capacity but shall be capable of having a pressure of 3.2 kg/cm2 at the topmost level of a multi-storied or high rise building.

 

57. Fire Resistance - means the time during which a material fulfils its function of contributing to the fire safety of a building when subjected to prescribed conditions of heat and load or restraint. The fire resistance test of structures shall be done in accordance with "IS 3809 (1979) : Fire resistance test for structures"

 

58. Fire Resisting Material - means a material which has a certain degree of fire resistance.

 

59. Fire Separation - means the distance in meters measured from any other building on the site, or from other sites, or from the opposite side of a street or other public space to the building.

 

60. Fire Service Inlet - means a connection provided at the base of a building for pumping up water through in-built fire-fighting arrangements by fire service pumps in accordance with the recommendations of the Chief Fire Officer.

 

61. Fire Tower - means an enclosed staircase that can only be approached from the various floors through landings or lobbies separated from both, the floor areas and the staircase by fire-resisting doors and open to the outer air.

 

62. Floor - means the lower surface in a storey on which one normally walks in a building. The general term floor, unless otherwise specifically mentioned, shall not refer to a mezzanine floor.

 

Note - The sequential numbering of floors shall be determined by its relation to the determining entrance level. Floors at or above ground level, with direct entrance from/to a road or street shall be termed as the ground floor. The other floors above the ground floor shall be numbered in sequence as Floor 1, Floor 2, etc., with the number increasing upwards. The stilt shall be termed as stilt floor or Stilt floor 1, Stilt floor 2, etc., and floors above shall be numbered as Floor 1, Floor 2, etc.

 

63. Floor space index (F.S.I.) - means the quotient obtained by dividing the area covered by the P line as mentioned in Regulation No.6.6 by the net area of the plot.

 

F.S.I. = Area covered by P line as mentioned in Regulation No.6.6 on all floors/Net Plot area

 

“Premium FSI” means the FSI that may be available on payment of premium as may be prescribed under these regulations.

 

64. Footing - means a foundation unit constructed in brickwork, masonry or concrete, steel or any other material permissible as per IS Code under the base of a wall or column for the purpose of distributing the load over a large area.

 

65. Foundation - means that part of the structure that is in direct contact with transmitting loads to the ground.

 

66. Front Open Space/Margin/Setback - means the distance between the boundary line of the plot abutting the means of access/road/street and the building line. In case of plots facing two or more means of accesses/roads/streets, the plot shall be deemed to front on all such means of accesses/roads/streets.

 

67. Gallery - means an intermediate floor or platform projecting from a wall of an auditorium or a hall providing extra floor area, additional seating accommodation, etc. These shall also include the structures provided for seating in stadia.

 

68. Garage - A) Private Garage - means a building or portion thereof having a roof and walls on three sides, designed and used for parking of privately owned motor driven or other vehicles within a project. A private garage is not operated for gain and not designed or used for repairing, servicing, hiring, selling, etc. of such vehicles. It does not include an unenclosed or uncovered parking space such as an open parking areas.

 

B) Public Garage - means a building or portion thereof designed as a garage operated for gain, and used for repairing, servicing, hiring, selling or storing or parking of motor-driven or other vehicles.

 

69. Grey Water - means wastewater from kitchen sinks, bathrooms, tubs, showers, wash basins, washing machines, and dishwashers excluding the waste water from water closets (W.C.).

 

70. Group Housing Scheme - means a building or a group of buildings constructed or to be constructed with one or more floors, consisting of more than one dwelling unit and having common service facilities. Common service facilities mean facilities like staircases, balconies, corridors and verandahs, lifts, etc.

 

71. Ground Level - means the average level of the ground in a plot.

 

72. Habitable Room - means a room constructed or intended for human habitation and uses incidental thereto, including kitchen if used as a living room but excluding a bathroom, water closet compartment, laundry, serving and storing pantry, corridor, cellar, attic and spaces not frequently used.

 

73. Hazardous Material means -

 

i) Radioactive substances

 

ii) Material that is highly combustible or explosive and/or which may produce poisonous fumes or explosive emanations or storage, handling, processing or manufacturing of which may involve highly corrosive, toxic, or noxious alkalis or acids or other liquids.

 

iii) Other liquids or chemicals producing flame, explosives, poisonous irritants, or corrosive gases or which may produce explosive mixtures of dust or fine particles capable of spontaneous ignition.

 

74. High-rise Building - means a building having a height of 24 m. or more above the average surrounding ground level. Excluding chimneys, cooling towers, boilers, rooms/lift machine rooms, cold storage and other non-working areas in case of industrial buildings, and water tanks, and architectural features in respect of other buildings.

 

75. Home Occupation - means customary home occupation other than the conduct of an eating or a drinking place offering services to the general public, customarily carried out by a member of the family residing on the premises without employing hired labor, and for which there is no display to indicate from the exterior of the building that it is being utilized in whole or in part for any purpose other than a residential or dwelling use, and in connection with which no article or service is sold or exhibited for sale except that which is produced therein, which shall be non-hazardous and not affecting the safety of the inhabitants of the building and the neighborhood, and provided that no mechanical equipment is used except that as is customarily used for purely domestic or household purposes and/or employing licensable goods. Home Occupation may also include similar occupations as specified by the Authority.

 

76. Layout Open Space/Recreational Open Space - means a statutory common open space kept in any layout, sub-division or group housing scheme or campus planning exclusive of margins and approaches.

 

77. Ledge or Tand - means a shelf like projection, supported in any manner whatsoever, except by vertical supports within a room.

 

78. Licensed Engineer/Structural Engineer/Supervisor - means a qualified Engineer/Structural Engineer/Town Planner/Supervisor licensed by the Authority.

 

79. Lift - means an appliance designed to transport persons or materials between two or more levels in vertical or substantially vertical directions, by means of a guided car platform.

 

80. Lift Lobby - means a space from which people directly enter lift car(s) and in to which people directly enter upon exiting lift car(s).

 

81. Lift Machine - means part of the lift equipment comprising the motor(s) and the control gear there with, reduction gear (if any), brakes, and winding drum or sheave, by which the lift car is raised or lowered.

 

82. Lift Well - means unobstructed space within an enclosure provided for the vertical movement of the lift car(s) and any counterweights, including the lift pit and the space for top clearance.

 

83. Loft - means an intermediate floor between two floors which is constructed for storage purpose and as defined in these regulations.

 

84. Mall - means a large enclosed area comprising of shopping, entertainment and eating facilities and facilities incidental thereto.

 

85. Side and Rear Marginal Open Space/Marginal Distance - means a minimum distance required to be left open to sky between the boundary of the building plot and the building line on respective sides.

 

86. Masonry - means an assemblage of masonry units properly bound together with mortar.

 

87. Mezzanine floor - means an intermediate floor between two floors of any story, forming an integral part of floor below, overhanging or overlooking a floor beneath, not being a loft between the floor and ceiling of any storey.

 

 

88. Means of Access - means the road/street/vehicular access way, pathway upto the plot and to the building within a plot.

 

89. Multiplex/Multiplex Theatre Complex (MTC) - means a place of public entertainment for the purpose of an exhibition of motion pictures with multiple screens and/or dramas and other social or cultural programs as described in Maharashtra Entertainment Duty Act, 1923.

 

90. Net Plot Area - means area of the plot as defined in these regulations.

 

91. Non-conforming User - means any lawful use/building existed on the site but which does not conform to the zoning shown on the Development Plan/Planning Proposal/Regional Plan in force.

 

92. Noise Barrier - means an exterior structure/part of structure designed to protect inhabitants of sensitive land use areas from noise pollution.

 

93. Occupancy or Use Group - means the principal occupancy or use for which a building or a part of a building is used, or intended to be used. Occupancy shall be deemed to include subsidiary occupancies which are contingent upon principal occupancy or use. Buildings with mixed occupancies are those in which, more than one, occupancy is present in different portions of the building. The occupancy classification shall have the meaning given in this regulation, unless otherwise spelled out in any plan under the Act.

 

i) Residential Building means any building in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or both facilities. It includes one or two or multi-family dwellings, lodging or rooming houses, residential hotels, hostels, dormitories, Dharmashala, apartment houses, flats, service apartments, studio apartments and private garages incidental thereto.

 

ii) Educational Building means a building exclusively used for a school or college recognized by the appropriate Board or University, or any other competent authority involving assembly for instruction, education, or recreation incidental to educational use, and including a building for such other uses incidental thereto such as a library, multi-purpose hall, auditorium or a research institution. It shall also include quarters for essential staff required to reside on the premises and a building used as a hostel attached or independent to an educational institution whether situated on or off its campus and also includes buildings used for day-care purposes for more than 8 hours per week.

 

iii) Institutional Building means a building constructed or used for research in education, health, and other activities, for medical or other treatment, hostel for working women/persons/students but not for lodging, an auditorium or complex for cultural and allied activities or for a hospice, care of persons suffering from physical or mental illness, handicap, disease or infirmity, care of orphans, abandoned women, children and infants, convalescents, destitute or aged persons and for penal or correctional detention with restricted liberty of the inmates ordinarily providing sleeping accommodation, and includes hospitals, sanatoria, custodial and penal institutions such as jails, prisons, mental hospitals, houses for correctional detention and reformatories.

 

iv) Assembly Building means any building or part of a building where groups of people congregate or gather for amusement, recreation, or social, religious, patriotic, civil, travel and similar purposes, e.g. theatres, motion picture houses, drive-in-theatres, multiplexes, assembly halls, city halls, town halls, auditoria, exhibition halls, museums, mangal-karyalayas, cultural centers, skating rinks, places of worship, dance theatres, clubs & gymkhanas, malls, passenger stations and terminals of air, surface and other public transportation services, recreation piers, and stadia;

 

v) Business Building means any building or part thereof which is used for transaction of business for the keeping of accounts and records for similar purposes; offices, banks, professional establishments, I.T. establishments, call centres, offices for private entrepreneurs etc. shall be classified in this group in so far as principal function of these is transaction of public business and the keeping of books and records.

 

vi) Office Building/Premises means the premises whose sole or principal use is to be used as an office or for office purposes; “office purposes” shall include the purpose of administration, clerical work, handling money, telephone/telegraph/computer operations; and ‘clerical work’ shall include writing, book-keeping, sorting papers, typing, filing, duplicating, drawing of matter for publication and the editorial preparation of matter for publication and such other activities.

 

vii) Mercantile (Commercial) Building means any building or part of a building that is used as shops, stores, market, or malls for the display and sale of merchandise, either wholesale or retail, including office, storage, and service facilities incidental to the sale of merchandise and located in the same building.

 

viii) Public/Semi-public Building means a building used or intended to be used, either ordinarily or occasionally by the public such as (a) offices of State or Central Government, any public sector undertaking or statutory or local Authority or Semi semi-government organization (b) a place for public worship, etc.

 

ix) Wholesale Establishment means an establishment, wholly or partly engaged in wholesale trade, manufacturers’ wholesale outlets including related storage facilities, A.P.M.C. establishments, warehouses, and establishments engaged in truck transport including truck transport booking agencies.

 

x) Industrial Buildings means any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed like assembling plants, laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories etc.

 

xi) Storage Buildings means any building or part of a building used primarily for the storage or sheltering of goods, wares or merchandise, like warehouses, cold storages, freight depots, transit sheds, godowns, store houses, public garages, hangars, truck terminals, grain elevators, barns and stables.

 

xii) Hazardous Building means any building or part of a building that is used for the storage, handling, manufacture, or processing of radioactive, highly combustible, or explosive materials or products that are liable to burn with extreme rapidity and/or which may produce poisonous fumes or explosive emanations during storage, handling, manufacturing or processing, which involve highly corrosive, toxic or noxious alkalis, acids or other liquids or chemicals producing flames, fumes and explosive mixtures of dust or which result in the division of matter into fine particles capable of spontaneous ignition.

 

xiii) Information Technology Building/Establishment (ITE) means an establishment which is in the business of developing either software or hardware relating to computers or computer technology as approved by Director of Industries.

 

xiv) Special Building means - i) any multi-storeyed building which is more than 24 m. in height measured from ground level, or

 

ii) buildings for educational, assembly, mercantile, institutional, industrial, storage, and hazardous occupancies having a built-up area of 500 Sq.m. or more on any floor irrespective of the height of such building , or

 

iii) Any building with mixed occupancies with any of the aforesaid occupancies in (ii) above with a built-up area of 500 sq.m. or more on any floor irrespective of the height of such building.

 

Note : Any building for residential or mix occupancy with height upto 24 m. but built up area upto 750 Sq.m. on any floor and sprinkler system is provided and travel distance is maintained as per these regulations, shall not be considered as special building, subject to fire NOC.

 

xv) Yatri Niwas means a building used for the accommodation of tourists, traveller, etc.

 

94. Owner - means a person who has legal title to land or building and includes any person for the time being receiving or entitled to receive, whether on his own account or as an agent, trustee, guardian, manager, or receiver for another person or for any religious or charitable purposes the rents or profits of the property in connection with which it is used.

 

95. Parapet - means low wall or railing built along the edge of a roof, terrace, balcony, verandah, etc.

 

96. Parking Space - means an enclosed or unenclosed, covered or open area or area provided by mechanical means sufficient in size to park vehicle. Parking spaces shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles.

 

 

97. Partition - means an interior non-load-bearing barrier, one storey or part-storey in height.

 

 

98. Permit/Permission - means permission or authorization in writing by the Authority to carry out the work regulated by these regulations.

 

99. Plinth - means the portion of a structure between the surface of the surrounding ground and the surface of the floor immediately above the ground.

 

100. Plot/Site - means a parcel or piece of land enclosed by definite boundaries.

 

101. Pandals/Shamiyanas - means a temporary structure with roof or walls made of canvas, cloth other similar material that is not adopted for permanent or continuous occupancy.

 

102. Porch - means a covered surface supported on pillars or otherwise, for the purpose of pedestrian or vehicular approach to an entrance in a building.

 

 

 

104. Podium - means a floor of a building extending beyond building line/s and used for parking, recreational open space, recreation, fire, and building services/utilities and incidental purposes, as specified in these regulations.

 

105. Refuge Area - means an unenclosed space in a multi-storied building specifically provided to serve as fire-proof space to gather easily for evacuation of the occupants.

 

 

106. Refuge chute - means a vertical pipe system passing from floor to floor provided with ventilation and inlet openings for receiving refuge from successive flats and ending at the ground floor on top of the collecting chamber.

 

107. Road/Street - means any highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square place or bridge, tunnel, underpass, elevated road, whether a thoroughfare or not, over which the public has a right of passage or access or have passed and had access uninterruptedly for a specified period, whether existing or proposed in any scheme, and includes all bunds, channels, ditches, storm-water drains, culverts, sidewalks, traffic islands, roadside trees, hedges, retaining walls, fences, barriers, and railings within the street lines.

 

108. Road/Street Line - means the line defining the side limit of a road/street.

 

109. Road width or Width of road/street - means the whole extent of space within the boundaries of a road when applied to a new road/street, as laid down in the city survey or development plan or prescribed road lines by any act or law and measured at right angles to the course or intended course or direction of such road.

 

110. Room Height - means the vertical distance measured from the finished floor surface to the finished slab surface of a room. In the case of pitched roofs, the room height shall be the average height between the bottom of the eaves and bottom of the ridge from the finished floor surface.

 

 

111. Roof Top Photovoltaic (RTPV) System - means any of the two Photovoltaic Systems installed on the roof of any building, i.e. (i) RTPV System with storage facility using battery, and (ii) Grid Connected RTPV System.

 

112. Row Housing - means a row of houses with only front and rear open spaces except for end houses which shall have side open spaces.

 

113. Semi-detached building - a building detached on three sides with marginal distances as specified, and on the fourth side, it is attached to a building in an adjoining plot.

 

114. Service Apartment - means premises other than a lodge or hotel, in which furnished rooms or a suite of rooms are let out on short/long term basis.

 

115. Service Floor - means a non-habitable floor with a height not more than 1.8 m. from floor level to soffit of beam, generally provided in special buildings, wherever required, wherefrom services like water supply, sewage disposal system, electricity etc. are coordinated/maintained.

 

116. Service Road - means a local road on a continuous alignment that normally runs adjacent and parallel to main roads like National or State Highways and provides access to properties bordering it.

 

117. Site corner - means the side at the junctions of and fronting on two or more intersecting streets.

 

118. Site, Depth of Site - means the mean horizontal distance between the front and rear side boundaries.

 

119. Solar Assisted Water Heating (SWH) System - means a device to heat water using solar energy as heat source.

 

120. Double Frontage - means a site, having a frontage on two streets other than a corner plot.

 

121. Site, Interior, or Tandem - means a site, access to which is by a passage from a street whether such passage forms part of the site or not.

 

122. Smoke Stop Door - means a door for preventing or checking the spread of smoke from one area to another.

 

123. Stair Cover/Staircase Room - means a structure with a covering roof over a staircase and its landing built to enclose only the stair and its landings for the purpose of providing protection from weather which should not be used for human habitation.

 

124. Stall - means a small shop, floor area of which does not exceed 5.0 sq.m.

 

125. Storage - means a place where goods are stored.

 

126. Store Room - means a room used as storage space.

 

127. Storey - means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

 

128. Stilts or Stilt Floor - means the portion of a building above ground level consisting of structural columns supporting the super-structure with at least two sides open and without any enclosures and used for the purpose of parking vehicles like cars, scooters, cycles, etc., and other services as may be permitted under these Regulations.

 

129. Sub-station (Electric) - means a station for transforming or converting electricity for the transmission or distribution thereof and includes transformers, converters, switchgears, capacitors, synchronous condensers, structures, cables and other appurtenant equipment and any buildings used for that purpose and the site thereof.

 

130. Supported Double Height Terraces - means open terraces, unenclosed on at-least one side with railing and lying wholly within building line with supports underneath and having minimum height of two floors.

 

131. Tenement - means an independent dwelling unit with a kitchen or cooking alcove.

 

132. Terrace - means an open-to-sky flat roof of a building or part of a building, provided with a parapet for safety and with or without any cantilevered portion.

 

133. Theatre - means a place of public entertainment for the purposes of exhibition of motion pictures and/or dramas and other social or cultural programs

 

134. Travel Distance - means the distance from the remotest point on a floor of a building to a place of safety, be it a vertical exit, horizontal exit, or an outside exit measured along the line of travel.

 

 

135. Tower-like structure - means a structure in which the height of the tower like portion is at least twice the width of the broader base.

 

136. Unsafe Building - means buildings which are structurally unsafe, unsanitary or not provided with adequate means of ingress or egress which constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation or abandonment.

 

137. Varandah - means a covered area with at least one side open to the outside with the exception of 1.0 m. high parapet on the upper floors to be provided on the open side.

 

138. Water Closet (WC) - means a privy with an arrangement for flushing the pan with water. It does not include a bathroom.

 

139. Water Course - means a natural channel meant for carrying stormwater and includes an artificial one formed by training or diversion of a natural channel;

 

i) “Major Water Course” means a river.

 

ii) “Minor Water Course” means a nallah.

 

140. Window - means an opening to the outside other than the door which provides all or part of the required natural light, ventilation or both, to the interior space.

 

141. Wing of a Building - means a part of a building with independent access, staircase, and lift connected to other parts with a common basement/stilt/podium/terrace/common wall and connecting passages.

 

Related Regulations to Rule No. 1 - 

 

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

 

Other Various Regulations of Administration in UDCPR 2020

 

Short Title, Extent & Commencement in UDCPR 2020

 

Applicability of Regulations in Administration in UDCPR 2020

 

Savings in Administration in UDCPR 2020

 

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

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

 

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

 

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

 

Rule No. 6.3 Permissible FSI

 

Permissible basic FSI, additional FSI on payment of premium, Permissible TDR Loading on a plot in a non-congested area for Residential and Residential with mixed uses and other buildings in developable zones like residential, commercial, public-semi-public, etc. shall be as given in Table 6-G below :-

 

Table 6-G 

Sr. No.Road width in metersBasic FSIFor all Municipal Corporations (2) CIDCO as Planning Authority by Virtue of NTDAFor remaining Authorities/Areas
   FSI on payment of premiumMaximum permissible TDR loadingMaximum building potential on plot, including in-situ FSIFSI on payment of premiumMaximum permissible TDR loadingMaximum building potential on plot, including in-situ FSI
123456789
1Below 9.0 m.1.10----1.10----1.10
29.0 m. and above but below 12.0 m.1.100.500.402.000.300.301.70
312.0 m. and above but below 15.0 m.1.100.500.652.250.300.602.00
415.0 m. and above but below 24.0 m.1.100.500.902.500.300.702.10
524.0 m. and above but below 30.0 m.1.100.501.152.750.300.902.30
630.0 m. and above1.100.501.403.000.301.102.50

 

Note –

 

i)  In addition to the above, ancillary area FSI up to the extent of 60% of the proposed FSI in the development permission (including Basic FSI, Premium FSI, and TDR but excluding the area covered in Regulation No.6.8) shall be allowed with the payment of premium as specified in Regulation No.6.1.1.This shall be applicable to all buildings in all zones.


Provided that in case of non-residential use, the extent of ancillary area FSI shall be up to 80%. No separate calculation shall be required to be done for this ancillary area FSI. The entire FSI in the development permission shall be calculated and shall be measured with reference to permissible FSI, premium FSI, TDR, and additional FSI including ancillary area FSI added therein.

Provided further that, this ancillary area FSI shall be applicable to all other schemes like TOD, PMAY, ITP, IT, MHADA, etc., except 

 

Rehabilitation component in SRA. In the result, free of FSI items in the said schemes, if any, other than those mentioned in UDCPR, shall stand deleted.

 

ii)  The column of TDR shall not be applicable for the area, where there is no Planning Authority, and accordingly, values in subsequent columns shall stand modified.

 

iii)  The maximum permissible limits of FSI specified in the Table above, may be allowed to be exceeded in cases mentioned in Chapter 7, where higher FSI is permissible over and above the limit specified in the above table.

 

iv)  Maximum permissible building potential on plot mentioned under column No.6 or 9 shall be exclusive of FSI allowed for Inclusive Housing as per Regulation No.3.8. There is no priority fixed to utilize premium FSI or TDR as mentioned in Column No.4, 5 and 7, 8. (1) However the Authority, considering the local situation, may allow utilization of premium FSI and TDR, in equal proportion of permissible premium FSI and TDR mentioned in column No.4, 5 and 7, 8. (e.g. if out of premium FSI mentioned in column No.4 & 7, 40% is proposed to be utilized then out of TDR mentioned in column No.5 & 8, 40% TDR shall also be utilized.) In such cases the Authority shall issue written, well-reasoned speaking orders to that effect. Other conditions of TDR utilization shall be applicable as per the TDR Regulations No.11.2. In respect of service roads, shown on the development plan or in the approved layout, or plots facing on a major road, however deriving access from other roads, the width of highway or major road shall be considered for entitlement of building potential as per column 6 or 9 of the above table, as the case may be.

 

v)  Out of the quantum of TDR mentioned in Column No.5 or 8 minimum 30% and subject to a maximum 50% of TDR shall be utilized out of the TDR generated from Slum Rehabilitation Scheme (Slum TDR) / Urban Renewal TDR / (2) TDR generated from the area of notified URP as per Regulation No.14.8.8(iv)(c)(i) / Amenity construction TDR (till generation of URT). If such TDR is not available, then other TDR may be used.

 

vi)  The restrictions of road width mentioned above shall not be applicable in cases where, the permissible FSI is more than the basic FSI in various schemes such as slum rehabilitation schemes, redevelopment of dangerous buildings, cluster development for the congested (core) area, redevelopment of MHADA buildings, TOD, etc. in such scheme, regulations of the respective scheme shall be applicable. (3) However, for special buildings, as mentioned in Regulation No.1.3(93)(xiv), provisions mentioned in Regulation No.3.3.9 shall be applicable.

vii)  The maximum limits of FSI prescribed above shall be applicable to (a) fresh permission (viz. Green-field development (i.e., building on a vacant plot of land) and brown-field development (i.e., cases of addition to an existing building where a permissible FSI has not been exhausted.) and also to (b) an existing building that has not been granted full occupation certificate. The cases of existing buildings shall be subject to the production of a stability certificate from the structural engineer.

 

viii) Premium - The rate of premium for the premium F.S.I., as mentioned in Columns No.4 and 7 above shall be 35% of the rate of the said land mentioned in the Annual Statement of Rates without considering the guidelines therein. Apportionment of such amount between Authority and Government shall be as decided by Government from time to time. The government premium, if to be paid, shall be deposited by the Authority in the specified head of government account. In the area of Regional Plans, the entire premium shall be paid to the Government through the District offices of the Town Planning and Valuation Department.

 

ix)  Basic FSI and premium FSI for unauthorisedly subdivided plots having an area of up to 0.4 ha. Shall be (2) 75% of the quantum mentioned in columns No.3, 4 & 7, and the TDR shall be to the extent of 50% of the quantum mentioned in columns No.5 & 8. This provision shall be subject to provisions in Regulation No.3.4.1(i)(a) and (c), wherein the plot shall be entitled for full potential.

 

x)  The utilization of TDR mentioned in the above table would be available to an existing road width of 9.0 m. and above so marked under the relevant Act.

 

xi) For plots regularised under the Maharashtra Gunthewari Development (Regularisation, Upgradation, and Control) Act 2001, these regulations shall apply, and allowance of TDR in columns No.5 and 8 shall be to the extent of 50%. This shall also be applicable for cases mentioned in Regulation No.3.4.1(i)(b).

 

xii) In case plots have an approach by a dead-end road, (point access), the potential of the plot mentioned in the above table shall be permissible if the length of such access road does not exceed 100 m.

 

xiii) If the strip of land/plot adjacent to the road is surrendered by the owner to the authority for road widening, then the benefit of a widened road in terms of building potential, and permissible height shall be granted subject to the condition that such road widening shall result in widening of road from junction of roads (or origin of road) to junction of roads (or T junction).

 

xiv) The entire area of a plot may be considered for calculating the potential of the plot in respect of premium FSI + TDR, but not the basic FSI. Basic FSI shall be calculated on the area of the plot remaining with the owner after deducting area under D.P. road/road widening/reservations and amenity space. This shall be applicable in cases where a reservation area or amenity space is handed over to the authority.

 

xv) If any road of width less than 9.0 m. is proposed to be widened to 9.0 m. by the Authority under the provisions of the Municipal Corporation or Municipal Council Act, by prescribing the line of street considering 4.5 m. from the center line of the existing road and owner of the plot hands over such affected strip along such road to the authority, then he may be entitled to FSI and potentially applicable to 9.0 m. road. (2) This shall be applicable to roads in congested areas also.

 

Rule No. 6.5 FSI Of Green Belt

 

Basic FSI, along with the full potential of premium FSI and TDR of the green belt zone shown on the Development Plan/Regional Plan, may be allowed on the remaining land of the owner by counting the area of the green belt in the gross area of the plot subject to the condition that the area shall always be under tree cover. The owner shall plant trees in this area with proper planning at the rate of a minimum of 100 trees per hectare that should have survived for at least one year prior to issuance of the occupation certificate.

 

Rule No. 6.6 Calculation Of Built-Up Area For The Purposes Of FSI

 

An outer periphery of the construction floor-wise (P-line), including everything but excluding ducts, voids, and items in Regulation No. 6.8, shall be calculated for the purpose of computation of FSI. The open balcony, double-height terraces, and cupboard shall also be included in the P-line of a respective floor, irrespective of its use/function. If part of the stilt, podium, or basement is proposed for habitation purposes or for the construction that is counted in FSI, then such construction shall also be measured in the P-line in that respective floor.

 

 

Related Regulations to Rule No.6 - 

 

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

 

What are the Regulations for Height of Building in UDCPR 2020?

 

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

 

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

 

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

 

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

 

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