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In a housing society or apartment, an individual flat may be in the name of a resident of that flat. This does not mean that land is also in their name. A separate process of land transfer is to be done by the developer. This is called a conveyance deed. Bus sometimes this conveyance deed is not done by a builder for any reason. In such cases, society can get a transfer of land in their name through – the Deputy Registrar Co-Operative Society Maharashtra State. This land transfer process without the help of its old owner is called Deemed conveyance.


 

What Is A Conveyance Deed?

 

Any construction consists of two most important factors: the built-up area and the land on which the building is constructed. After the construction is completed, the builder/developer is supposed to transfer the land in the name of the society (or association of apartments). This transfer process is called a conveyance deed. A survey shows that in almost 80% of societies, this process was not completed.

 

Hence, the land is still in the old owner's name in the government record. When society needs redevelopment or modification permission, the land must be in society's name.

 

Once a minimum of 60% of flats in the project are sold, as per mofa-1963, the builder is expected to form a housing society or association of apartments of these flat owners. And hand over the entire ownership of the land, amenities & other structures (if any) in the society's name. With this, the ownership record of the land or the 7/12 extract of the revenue department bears the name of the housing society and the name of the builder or previous owner is removed. This transfer of rights is called the execution of the conveyance deed, and with it, the role of the builder comes to an end.

 

Why Is Conveyance Deed Important?

 

A cooperative housing society is registered if It has a minimum of 10 flats. The conveyance deed is not issued in the name of an individual. A flat owner only takes a purchase agreement when buying a flat from a builder. He thinks that he owns the flat and the land on which the housing scheme stands, but that is not the case. The housing society should have a conveyance deed to the legal owners of the land; otherwise, the builder continues to be the legal owner of the land. Such transfer of rights is required for changes like construction, removal of some property, some space or infrastructure to be rented, reconstruction or redevelopment.  If the FSI of that area is increased, society can do additional construction only if the conveyance deed is in favour of society.

 

Deemed Conveyance

 

  • Conveyance transfers the rights, title, interest and ownership of the land and building from the land owner/ property developer to the co- operative housing society.
  • Nearly 80% of the cooperative housing societies had not received the conveyance of land and building in their favour from the builder. The president of India gave the assent on February 25, 2008, and it became the law of the land. in June 2008, the necessary notifications were issued by the government of Maharashtra
  • Deemed conveyance is an amendment under sub-section (3) of section 11 of the Maharashtra Ownership Flats Act, 1963. It applies to the societies that have not received conveyance from the land owners & property developers after their formation.
  • The aggrieved society shall make a deemed conveyance application to the competent authority designated by the government of Maharashtra.
  • The application shall include the documents notified by the Government of Maharashtra for deemed conveyance. The competent authority shall hear the sway of the land owners and property developers. Then, on satisfaction, it shall issue the deemed conveyance order and certificate in favour of the aggrieved society.
  • The competent authority shall execute the deemed conveyance deed on behalf of the defaulting land owners & property developers with the aggrieved society.

 

List of documents for deemed conveyance as under

 

  1. Resolution & Notice To Builder
  2. Development Agreement
  3. Power Of Attorney
  4. Layout Plan (Blueprint)
  5. Commencement Certificate
  6. Completion Certificate
  7. 7/12 Extract
  8. Title & Search Report
  9. N.A. Order
  10. ULC Order (If Any)
  11. Single Copy Of An Agreement (First Buyer)
  12. Index-II (Of All Flats/Shops)
  13. Architect's Area Certificate
  14. Society Registration Certificate

 

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

 

Minimum Plot Area for Various Uses in 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.

 

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


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

 

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

 

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

 

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

 

 

Rule No. 3.7 Minimum Plot Area for Various Uses in UDCPR 2020

 

The minimum plot area for various uses shall be as given in Table No.3D below:-

 

Table No.3D

Sr. NoUsesMin. Plot area (in Sq.m.)Min. Plot Width (in m.)Type of Development
1Residential and CommercialMin 30As per Table No. 6 D

Row / Semi-detached / detached development as specified / anticipated in earlier approved layout or layout to be approved in future.

In other cases, as per permissibility of the construction area taking into consideration the marginal distances.

2Plots in EWS Housing/High-Density Housing/Sites and Services/Slum Upgradation/Reconstruction Scheme by Public Authority. Row / Semi-detached / detached.
3Vehicle fuel Filling stations including LPG / CNG / Ethanol / Public Charging Stations for Electric Vehicles -
(a) Without service bayAs required by the concerned authority.As required by the concerned authority.Detached.
(b) With service bay--do ----do --Detached.
4Industrial (other than service industries)30010 m.Detached.
5Other uses (other than 1 to 4 above)Required plot size and development shall be governed by the permissibility of construction under these regulations.

 

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

 

Relocation of D.P Reservations (Except Road) 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

 

Discretionary Powers Interpretation in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate as per mentioned in the UDCPR 

 

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

 

Rule No. 2.3 Discretionary Powers - Interpretation 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Related Regulations to Rule No. 2- 

 

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

 

Commencement of Work in UDCPR 2020

 

Various Regulations in Chapter 2 in UDCPR 2020

 

Procedure During Construction in UDCPR 2020

 

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

 

Grant or Refusal of Permission in UDCPR 2020

 

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

 

Permission from the Planning Authority is Mandatory in UDCPR 2020

 

Additional Regulations for Hingoli, Buldhana, Washim, Yavatmal, Nanded 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.5.6 For HIngoli, Buldhana, Washim Yavatmal, Nanded Regional Plan

 

The following additional regulations shall be applicable for the development of the areas affected by the LIGO project.

 

i)  Within the distance of 15 km. from the boundary of the site, no New Railway line shall be proposed.

 

ii)  Within the distance of 5 km. from the boundary of the site, no classified roads, MDR and above, etc. shall be newly proposed. Upgradation of existing roads shall not be treated as new roads.

 

iii) Within the distance of 5 km. to 30 km., from the boundary of the site, no reciprocating activity, requiring the use of sustained heavy equipment, including mining, blasting, or such other similar activities requiring more than 20 HP power, shall be allowed.

 

iv)  Within the distance of 15 km. from the boundary of the site, no Power Plant Machinery, Rock crushers, Heavy Machinery, or Wind Mill shall be allowed. Within the distance of 5 km. from the boundary of the site, no non-reciprocating (rotating) power plant machinery and industrial machinery shall be allowed.

 

v)  Within the distance of 60 km. from the boundary of the site, no New Airport shall be proposed.

 

Note -

 

a) If any more clarification or exemption or certain information is required, then permissions shall be referred to the LIGO-India authorities (at the local office) before the final Grant of permission.

 

b) The Development Control Regulations, as amended from time to time, by the Department of Atomic Energy, Govt. of India, shall be applicable as it is for this LIGO - India Project.

 

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 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 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

 

Terminology used in Building Bylaws

 

Whenever you see a town planning map or a blue print, you come across various terms like open space, amenity space. Here is details explanation in common man’s language for construction related building rules. 

 

FSI (Floor Space Index)

 

  1. In general language FSI means permissible built up area on any plot. It is calculated by dividing Built up area by Plot Area.
  2. FSI = built up area/Plot area.
  3. E.g. – If permissible FSI for a plot of 1000 Sqft. is 1.10, then we can construct 1100 Sqft. of built up area. (say 225 Sqft on 4 floors or 550SqFt on 2 floors)
  4. Ducts, Parking floor, basement, architectural treatment are not considered while calculating FSI.
  5. Depending upon planning authority by-laws, balcony, terrace, staircase, lift, lift machine room are deducted from FSI on payment of premium.

Check FSI in pune https://foot2feet.com/construction-calculator/pmc/fsi-in-pune/ 

 

Open Space

 

  1. Open space is the space left for recreational activities for the user of that plot. It remains part of the same land under ownership of society.
  2. Generally we have to leave 10% of total plot area for any building or layout permission.
  3. Depending upon by-laws smaller plots, gunthewari plots, N.A. plots do not require open space area.

 

Amenity space

 

  1. Generally for plot above 1 acre require 15% amenity space.
  2. Amenity space is a space to be left for government for planning various public amenities like school, hospital library, fire stations, police chowki etc.
  3. This space is to be handed over to govt. and owner gets FSI as compensation for land. (In short there is only loss of space but no loss of FSI)
  4. N.A. plots and smaller plots do not require amenity space.

 

Paid FSI (Fungible FSI)

 

  1. It is additional FSI on any plot after payment of premium amount to planning authority.
  2. This premium amount depends upon ready reckoner rate of same land.

 

TDR (Transferable development rights)

 

  1. Due to planning authority reservations FSI of one land cannot be utilized entirely on same plot. Hence Government allow plot holder to sell or transfer FSI of his plot. This is called Transferable Development Rights. Buying TDR is like buying virtual land.
  2. Buyer of TDR can do extra construction on his land.
  3. One cannot load more TDR than permissible on that land. Maximum Permissible TDR on any plot depends upon Access Road, Land Zone etc… 

Checkout The detail information about Transferable Development Rights (TDR) https://foot2feet.com/site/tdr_transferable_development_rights/ 

 

Road Widening

 

  1. Area of plot falling under proposed or existing road is called as road widening area.
  2. FSI of this area can be utilized on same plot or converted into TDR.

 

Carpet area

 

  1. Before RERA Carpet area was considered as tile able area in property. It includes room floor area, Balcony area, terrace area, tile area at door jams etc…
  2. But After RERA (Real Estate Regulatory Act 2016) have modified carpet area concept a bit.
  3. According to RERA, carpet area include following things
  4. Room Area
  5. Internal wall area (wall between 2 rooms of same apartment)
  6. Dry balcony area (separately mentioned)
  7. Enclosed Balcony area (separately shown if any)
  8. Terrace area (separately mentioned) the only difference between RERA carpet & old carpet is that internal wall area is added in RERA carpet.

 

Built up Area

 

  1. Built up area term is most commonly used term in constriction industry. & at same time it has various meaning at various situations. Hence it is necessary to clarify area included or excluded while discussing with built up area. eg –
  2. For government approvals it is the area covered by a building on all floors including cantilevered portion, mezzanine floors if any but excepting the areas excluded specifically from FSI.
  3. For buyer / user – It is usable construction area which includes parking, floor area, but excluding footing & foundation area.
  4. For contractor it is total construction area including parking, 50 % footing, water tank etc.., but excluding top terrace area.

 

Conveyance Deed

 

Any construction consists of 2 most important factors first is b.up area & 2nd is land on which building is constructed. After completion of construction builder/developer was supposed to transfer land in name of society (or association of apartment).  This transfer process is called as conveyance deed. A survey shows that in almost 80% society this process was not completed.

You can check the more information about conveyance deed here https://foot2feet.com/construction-services/legal-services/conveyance-deed/

 

 

Building Control Line

 

It is the line up to which we can build construction according to planning authority / or any government authority. 

 

Non Agriculture (NA)

 

  1. Any land (except land in Gaothan area) is by default agriculture land in India. It is assumed as non-agriculture land only and only after taking NA permission (Non Agricultural use permission) from collector.
  2. A copy of land conversion is called as NA order.
  3. For NA land zone plays important role. (Agriculture, industrial , residential)
  4. Depend upon zone NA can be done. Eg – Industrial NA, farmhouse NA, residential NA, commercial NA.
  5. NA and R-zone are commonly misunderstood.
  6. In simple words, NA is procedure to change tax on any land due to change in use of land.
  7. NA land not necessary to be residential land all time, and similarly residential land not necessarily to be NA land.
  8. A land which is in residential zone, but its use according to collector/revenue department is agriculture, then the land is not NA. (but this land can be converted into NA after completing NA procedure.)

You can Check more information about Non Agriculture here - https://foot2feet.com/site/na_order_land_conversion/

 

Side Margin

 

Side margin is distance to be kept from plot boundary to building line as per Regulations. Calculate how much side margin you need to keep for your building. 

https://foot2feet.com/construction-calculator/pmc/side-margin-calculator/ 

 

Ready Reckoner Rate

 

Government rates of land, property is called as ready reckoner rate. These rates are published and regulated by the respective state government. Find Out Ready Reckoner Rates in Pune here - http://www.igrmaharashtra.gov.in/eASR/frmMap.aspx 

 

R zone (Residential)

 

It is a zone demarcated as residential area in development plan mostly it shown in yellow color any agriculture land cannot converted in residential zone it agriculture/vanikaran land must pass certain criteria for zone conversion. you can use our site feasibility service to know  whether your land can be converted or not. 

 

You can check all Types of Land zone

 

Residential zones – R1 / R2

  1. Residential Zone R1 includes Residential plots abutting on roads below 9 m. in congested area and below 12 m. width in outside congested area
  2. Residential Zone R2 includes Residential plots abutting on road having existing or proposed width 9 m. and above in congested area and 12 m. and above in outside congested area.