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as on February 23, 2025

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Experts In:Deemed Conveyance

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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

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

Rules for Railway Line, River, Electric Line, Airport, Nallah 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. 3.1 Requirements of Site

Rule No. 3.1.1 Site Not Eligible for Construction of Building

No piece of land shall be used as a site for the construction of the building,

i) If the Authority considers that the site is insanitary, incapable of being well-drained, or is dangerous to construct a building on it;

ii) If the entire site is within a distance of 6.0 m. from the edge of the watermark of a minor watercourse (like nallah, canal) and 15.0 m. from the edge of the watermark of a major watercourse (like the river) shown on Development Plan/Regional Plan or village/city survey map or otherwise;

Provided that where a minor watercourse passes through a low-lying land without any well-defined banks, the owner of the property may be permitted by the Authority to canalize the watercourse within the same land without changing the overall alignment and the position of the inlet and outlet of the watercourse according to cross-section as determined by the Authority. In such case, marginal open space shall be stipulated under these regulations and shall be measured from the edge of the trained nallah;

iii) If the site is hilly and has a gradient of more than 1:5;

iv) If the site is not drained properly or is incapable of being well drained;

v) If the owner of the building has not proposed appropriate measures required to safeguard the construction from constantly getting damp to the satisfaction of the Authority;

vi) In case the building is proposed on any area filled up with carcasses, excreta, filth, and offensive matter, then a certificate from the Authority to the effect that it is safe from the health and sanitary point of view, to be built upon, is required;

vii) If the use of the site is for the purpose, which in the opinion of the Authority will be a source of annoyance to the health and comfort of the inhabitants of the neighborhood;

viii) If the proposed occupancy of the building on the site does not conform to the land use proposals in the development plans/Regional Plan or Zoning Regulations;

ix) If the level of the site is less than the prescribed datum level depending on topography and drainage aspects;

x) If it doesn’t derive access from an authorized street/means of access of adequate width as described in these Regulations;

xi) If it is within the river and blue flood line of the river (prohibitive zone), unless otherwise specified in these regulations;

xii) If the site is within the boundary of the Coastal Regulation Zone where CRZ Regulation does not allow development;

xiii) If the site is not developable by virtue of restrictions imposed under any law or guidelines of any Government Department;

xiv) If the entire site is within a distance of 50.0 m. from the mean high flood level of a wetland. The mean shall be calculated as per the provisions of Wetlands (Conservation and Management) Rules, 2017.

Rule No. 3.1.2 Distance of Site from Electric Lines

No structure, including verandah or balcony, shall be allowed to be erected or re-erected, or any additions or alterations made to a building on a site within the distance quoted in Table No.3 below in accordance with the prevailing Indian Electricity Rules and its amendments from time to time between the building and any overhead electric supply line.

Table No. 3 - Distance of site from Electric Lines
Electric Lines	Vertical (Meters)	Horizontal (Meters)
Low and Medium-voltage Lines	2.50	1.20
High voltage lines up to and including 33000 V.	3.70	2.00
Extra High voltage lines beyond 33,000 V	3.70	2.00
Note - The minimum clearance specified above shall be measured from maximum sag for vertical clearance and from maximum deflection due to wind pressure for horizontal clearance.

Rule No. 3.1.3 Construction within Blue and Red Flood Line

i) Where Blue and Red flood lines are marked on the Development Plan/Regional Plan or received from the Irrigation Department.

a) The Red Flood Line and Blue Flood Line shall be considered as per the plan prepared by the Irrigation Department. The area between the river bank and the blue flood line (Flood line near the river bank) shall be a prohibited zone for any construction except parking, open vegetable market, garden, lawns, open space, cremation and the burial ground, sewage treatment plant, water/gas /drainage pipelines, public toilet or like uses, provided the land is feasible for such utilization.

Provided that, redevelopment of the existing authorized properties, within the river bank and blue flood line, may be permitted at a plinth height of 0.45 m, above the red flood line level.

b) The area between the blue flood line and the red flood line shall be a restrictive zone for the purposes of construction. The construction within this area may be permitted at a height of 0.45 m, above the red flood line level.

c) If the area between the river bank and the blue flood line forms part of the entire plot in the Development Zone, then, FSI of such part of the land may be allowed to be utilized on the remaining land.

d) The red and blue flood line, if shown on the Development/Regional Plan/Planning Proposal, shall stand modified as and when it is modified by the Irrigation Department.

ii) Where the Blue and Red flood line is not marked on the Development Plan/Regional Plan or not received from the Irrigation Department.

Where the Blue and Red flood line is not marked on the Development Plan/Regional Plan or not received from the Irrigation Department, the tentative Blue line shall be earmarked taking into consideration the maximum observed flood level records available locally and also interacting with the residents in the area. The plan showing such a tentative Blue line shall be got approved by the Chief Engineer, Irrigation Department. The distance of 50.0 m. on the landward side from this tentative Blue line shall be treated as a No Construction Zone.

In such cases, provisions of Regulation No.3.1.3(i)(a,b,c,d) shall be applicable to that extent.

Till such a tentative Blue line is prepared and marked on the plan, the development permission shall be governed by the provisions of Regulation No.3.1.1(ii) (mentioned above).

Rule No. 3.1.4 Development within 30.0 m. Distance from Railway Boundary

For any construction within 30.0 m. from the railway boundary, a No Objection Certificate from the Railway Authority shall be necessary.

Rule No. 3.1.5 Environmental Clearance

An environmental clearance certificate shall be submitted for the project as may be prescribed by the Ministry of Environment from time to time.

Rule No. 3.1.6 Development along Highways/Classified Roads

The development along the highways shall be subject to the provisions of the State Highways Act, 1965 and National Highway Act, 1956, and orders issued by the Public Works Department, directives issued by the Urban Development Department vide Resolution No.TPS-1819/UOR-36/19/UD-13, dated 5.8.2019, in this regard, from time to time. (1) All the classified roads passing through the (1) ULBs, i.e., Municipal Corporations / Municipal Councils/Nagar Panchayats, shall be treated as city roads.

A service road specified in Regulation 3.3.8 shall be provided along State and National Highways on both sides. Where service road of 12.0 m. width is already provided in adjoining land, such service road of the same width may be continued in the development permission. Such service roads may not be insisted on if there is no continuity from junction to junction due to existing authorized development/construction.

Rule No. 3.1.7 Development within a certain distance from the Prison Premises

The development within 150 m., 100 m., 50 m. from the perimeter wall of Central Prison, District Prison, and any Sub Prison, respectively, shall be regulated and may be permitted with the prior consent of the committee constituted in this regard by the Home Department. This provision shall be subject to the orders issued by the Government from time to time.

Rule No. 3.1.8 Distances from Landfill Sites

For any residential development, segregating distance from the landfill site shall be observed as specified under Solid Waste Management Rules in force from time to time or as specified by competent authority.

Rule No. 3.1.9 Restrictions in the vicinity of Airport

For structures, installations, or buildings, including installations in the vicinity of airports,

i) The height shall be restricted to permissible top elevation as mentioned on Colour Coded Zoning Maps (CCZM) prepared by the Airport Authority of India (AAI) and published on its website.

ii) For any additional height beyond that mentioned in i) above, prior NOC from AAI shall be submitted.

iii) A prior NOC from AAI shall be submitted for the areas depicted in red on CCZM.

Note -

a) The height permitted by CCZM is indicated Above the Mean Sea Level, i.e., AMSL.

b) Building height permitted, i.e., Above Ground level (AGL), shall be calculated as CCZM height minus the site elevation of the plot.

Height of building (AGL) = CCZM height - site elevation.

c) In the absence of aforesaid map, a no objection certificate of the Airport Authority of India shall be required.

Explanation

i) Irrespective of their distance from the airport, even beyond the 20 km. Limit from the aerodrome reference point, no building, radio masts, or similar installation exceeding 150 m. in height shall be erected without prior permission of the Civil Aviation Authorities.

ii) The location of a slaughterhouse/abattoir/butcher house or other areas for activities like depositing of garbage, which may encourage the collection of high-flying birds, like eagles and hawks, shall not be permitted within 10 km. from the aerodrome reference point.

Rule No. 3.1.10 Restrictions in the Vicinity of Ancient Monuments

1) The Restrictions for Development in the vicinity of the protected monuments of national importance as prescribed under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, shall be observed.

2) The Restrictions for Development in the vicinity of the protected monuments of state importance as prescribed under the Ancient Monuments and Archaeological Sites and Remains Act, 1960, shall be observed.

Rule No. 3.1.11 Restriction under the Works of Defence Act, 1903

The restrictions imposed under the Work of Defense Act, 1903 shall be applicable, and no development in contravention with the notification shall be permissible.

Whether the area affected by the notification under the Works of Defense Act - 1903, is earmarked in the Development Plan/Regional Plan or not, it shall be permissible to treat the area under such restrictive zone as marginal distance at the time of construction of any building proposed on contiguous unaffected area.

Provided that, it shall be permissible to utilize the FSI and also the receiving potential of the land under this zone, as otherwise permissible, on the remaining contiguous unaffected land of the same land owner.

Rule No. 3.1.12 Distance from Natural Lake and Dam.

In the Regional Plan area, no construction shall be allowed within 100 m. of the high flood line of the natural lake.

In the Development Plan area, development around the natural lake shall be governed by the provisions made in such plan. In the absence of the provisions in such a plan, the distance specified by the Irrigation Department shall be followed.

The regulation regarding clear distances from the High flood line while carrying out any development of any land around the dam and foothill areas as notified and the norms regarding distance as prescribed in Government of Maharashtra, Water Resources Department Marathi Circular No. dt.08/03/2018 and amendments therein, from

time to time, will be applicable henceforth, subject to the following condition.

Condition : The concerned land owners/users are prohibited from discharging any garbage/water sewage/waste generated from its premises in the reservoir. It will be compulsory and binding on the land owner/user to make necessary arrangements within the premises for water and sewage disposal management and maintain the zero discharge condition at his own cost.

Rule No. 3.1.13 Authorities to Supply Complete Information about Restrictions to the Authority

The concerned authority putting restrictions as per their respective legislations/regulations/rules as mentioned above shall make available to the Authority full details of restrictions (including graded restrictions, if any) along with the relevant map detailing restrictions. In the interest of increasing ease of doing business, no individual applicant should be required to approach the concerned departments for NOC. However it is the duty of the applicant to ensure that restrictions informed by the above said authorities are followed scrupulously. The Authority shall make a reference to this effect to the concerned authorities and ensure compliance with the restriction informed by them while sanctioning the development permission.

Such information shall be published by the Authority on its notice board/ website and also update it as and when it is updated by the concerned department.

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

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

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

Development of Housing for EWS and LIG in UDCPR 2020

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

Rule No. 7.7 Development of Housing for EWS/LIG

7.7.1 In Residential Zone -

If the owner constructs the housing for EWS/LIG in the form of tenements of size up to 50 sq.m. (1) carpet area on his plot, then he shall be allowed FSI of maximum building potential mentioned in column 6 or 9 of Table No.6-A or column 6 or 9 of Table No.6-G of Regulation No.6.1 or 6.3, subject to following conditions -

i) For the FSI availed over and above the basic FSI, the premium shall be charged at the rate of 15% of the land rate in ASR, without considering the guidelines therein.

ii) Out of the total tenements, at least 40% of tenements shall be of (1) carpet area not more than 30 sq.m.

iii) Only one tenement should be sold to a family. Adjoining tenements should not be sold to a close relative of such tenement owner. An affidavit to that effect shall be obtained from the land owner/developer and purchaser.

iv) For these proposals, marginal distances (except front margin) parking and other requirements shall be as per Slum Redevelopment Regulations, wherever such regulations exist.

v) The owner shall have the option to avail TDR over and above basic FSI instead of availing FSI with the payment of premium as mentioned in (i) above.

Note - Out of the permissible FSI, 10% of the basic FSI mentioned in Regulation No.6.1 or 6.3 shall be allowed for commercial use.

7.7.2 In Agricultural Zone -

The housing scheme mentioned in Regulation No. (1) 7.7.1 shall be permissible in the Agricultural Zone with an FSI of 1.00 with an approach road of a minimum of 9.0 m. The responsibility for the development of infrastructure shall lie with the owner/developer.

Note - Out of the permissible FSI, 10% of the FSI shall be allowed for commercial use.

7.7.3 For Regional Plan Area -

The housing scheme mentioned in Regulation No.7.7.1 and 7.7.2 shall be applicable for Regional Plan area mutatis mutandis.

Related Regulations to Rule No. 7

Rule No. 7.0 in UDCPR 2020

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

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

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

Redevelopment of Existing Buildings in UDCPR 2020

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

Regulation for Development of Biotechnology Parks in UDCPR 2020

Incentive for Green Buildings in UDCPR 2020

Buildings of Smart Fin Tech Centre in UDCPR 2020

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

Uses Permissible in Public and Semi Public Zone in UDCPR 2020

Any city in India is divided into various land use zones: Residential, Commercial, Agricultural, Industrial, etc. So, there is a restriction on the use of land under any zone. For example, You cannot build a Commercial building in an Agricultural Zone, or You cannot build hazardous or high-end Industries in a Residential Zone.

So here are the uses permissible in the Public/Semi-Public Zone as per UDCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

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. 4.10 Public/Semi-Public Zone

The following uses shall be permissible :-

(i) Schools, Colleges, Educational Complexes, Training institutions, Hostels for students and essential staff quarters.

(ii) Home for the aged, Hospitals, Sanatoria, Dispensaries, Maternity Homes, Health Centres, and related health facilities with ancillary structures like quarters, Dharmashala, veterinary hospitals, etc.

(iii) Offices and essential staff quarters of the Government/Semi-Government and/or their authorities/Local Self-Government, Courts, etc., Public Housing by Government / Government Bodies.

(iv) Public/semi-public sector utility and transport establishments/institutions of research, education, and health.

(v) Libraries, Mangal karyalayas, Gymnasia, Gymkhanas, Stadia, Community halls, Civic and Cultural Centres, Religious Structures, auditoria etc.

(vi) Commercial use up to 15%shall be permissible subject to the following conditions:-

a) Shop/permit rooms for liquor/wine/beer, pan, cigarette, tobacco, lottery tickets, and such other uses which do not serve a public purpose, similarly, storage of domestic gas cylinders, kerosene, etc., which are dangerous to public health, shall not be permitted.

b) The plots in which there is an existing development; such commercial use shall be restricted to a maximum of 15% of the existing and proposed development taken together.

Provided that, in the case of lands owned by Zilla Parishad and Panchayat Samiti, which are earmarked as public and semi-public zones, the limit of such commercial use shall be up to 33%.

(vii) Vehicle Fuel Filling Station, including LPG / CNG / Public Charging Stations for Electric Vehicles as per Regulation No.6.2.2, Sr.No.6 of Table 6E.

(viii) Nursery, crèches, Spastic rehabilitation centers, orphanages, hostels for Autistic persons, and Mentally Retarded persons.

(ix) Fire stations.

(x) Traffic and Transport related facilities.

Related Regulations to Rule No. 4-

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

Uses Permissible in Various Zones UDCPR 2020

Uses Permissible in Development Plan Reservations in UDCPR 2020

Uses Permissible in Green Belt Zone and River Protection Belt in UDCPR 2020

Uses Permissible in Agricultural Zone in UDCPR 2020

Uses Permissible in Industrial Zone in UDCPR 2020

Uses Permissible in Commercial Zone in UDCPR 2020

What are the Types of Zones in UDCPR 2020

Uses Permissible in Residential Zones R2 in UDCPR 2020

Uses Permissible in Residential Zones R1 in UDCPR 2020

Basements as Requirements of Part of Building in UDCPR 2020

UDCPR 2020 Chapter 9 is all about the Requirements of Part of the Building as per mentioned in the UDCPR

9.11 Basements

9.11.1

Basement shall generally be constructed within the prescribed setbacks/margins with one or more levels.

The following uses shall be permissible at free of FSI.

i) Air-conditioning equipment and other machines used for services and utilities of the building;

ii) Parking spaces;

iii) D.G. set room, meter room, and electric substation (which will conform to required safety requirements), Effluent Treatment Plant, suction tank, and pump room;

iv) Storage (only for use of Data Centre)

The following uses shall be permissible and counted in FSI.

a) Storage of household or other goods or ordinarily non-combustible material incidental to principle use;

b) Strong rooms, bank lockers, safe deposit vaults, laundry room, Radio/laser therapy, post mortem room, mortuary, medical shop and, cold storage for hospital building, etc.

c) Commercial use in the first basement is in the case of shopping centres/shopping malls.

d) Uses strictly ancillary to the Principal use.

e) Nursing quarters are used as an ancillary to the hospital in the first basement, if it is 0.9 m. to 1.2 m, above ground level with proper ventilation.

Provided that,

i) If the basement is proposed flushing to average surrounding ground level, then such a basement can be extended in side and rear margins up to 1.5 m. from the plot boundary.

ii) Multilevel basements may be permitted if the basement is used for parking. 9.11.2 The basement shall have the following requirements -

9.11.2 The basement shall have the following requirements -

a) Every basement shall be in every part at least 2.4 m. in height from the floor to the soffit of the beam.

b) Adequate ventilation shall be provided for the basement with a ventilation area not less than 2.5% of the area of the basement. Any deficiency may be met by providing adequate mechanical ventilation in the form of blowers, exhaust fans or air-conditioning systems, etc.

c) The minimum height of the ceiling of any basement shall be 0.9 m. and the maximum shall be 1.2 m above the average surrounding ground level. However, it does not apply to the mechanically ventilated basements. In such cases, the basement may also be allowed to flush to the average ground level.

d) Adequate arrangements shall be made to ensure that surface drainage does not enter the basement.

e) The walls and floors of the basements shall be water-tight and be so designed that the effect of the surrounding solid and moisture, if any, is taken into account in the design and adequate damp proofing treatment is given. In the case of a special building, where, the movement of a fire-fighting vehicle is proposed on the basement flushing to the ground level, the slab of the basement shall be designed to withstand the pressure of a fire-fighting vehicle.

f) The access to the basement shall be separate from the main and alternate staircase providing access and exit from higher floors. Where the staircase is continuous, the same shall be enclosed type serving as a fire separation from the basement floor and higher floors. Open ramps shall be permitted subject to the provision of Regulation No.9.12.

Related Regulations to Rule No. 9

Habitable Rooms as Requirements of Part of Building in UDCPR 2020

Ramp as Requirements of Part of Building in UDCPR 2020

Balcony as Requirements of Part of Building in UDCPR 2020

Provision of Lift as Requirements of Part of Building in UDCPR 2020

Lighting and Ventilation of Room as Requirements of Part of Building in UDCPR 2020

Compound Wall and Other Requirements of Part of Building in UDCPR 2020

Transit Oriented Development (TOD) in UDCPR 2020

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

Rule No. 14.2 Transit-Oriented Development (TOD)

The following regulations in respect of Transit Oriented Development shall be applicable for the areas mentioned herein under. These provisions shall come into operation where Authorities either have or proposed RTS/Metro-rail/BRTS corridors in their Development Plans and have started implementing them.

14.2.1 For Pune Municipal Corporation Area

14.2.1 Transit-Oriented Development (TOD)

The planning authority shall ensure execution of complete street design for the success of TOD and enable construction of street oriented buildings while achieving optimum densities in residential, commercial and office buildings.

The Planning authority shall also ensure complete pedestrianisation in the TOD zones for easy movement of the pedestrians to & from station within a period of 1 year from sanction of this regulation.

14.2.1.1 Definition

(i) TOD zone :- It is the area 500 m. around the proposed Metrostation boundary, which will be delineated by the Planning Authority with the approval of the State Government. Wherever any reservation/amenity space within such distance is utilized for the purpose of transportation as prescribed in these regulations, and the distance of 500 m. shall stand relaxed up to 30%. The TOD zone shall be delineated on the ground by the Planning Authority in a bound manner i.e. within 2 months from this notification.

(ii) Base permissible FSI :- It is the FSI that is otherwise permissible on any land with respect to zone shown as per the sanctioned development plan and the relevant provision of the Principal DCPR excluding the TDR and the premium FSI, redevelopment incentive FSI that can be received.

(iii) Gross plot area :- Gross Plot Area means the total area of land after deducting area under reservation or deemed reservation like amenity space if any, area under D.P. Road and Road widening.

(iv) Principal DCPR :- Principal DCPR means the UDCPR sanctioned vide notification dt.02.12.2020 and as amended from time to time.

14.2.1.2 Maximum Permissible FSI

The maximum permissible total FSI in the TOD zone shall be 4.00 including the base permissible FSI, subject to the condition that, the additional FSI over and above the base permissible FSI shall be allowed within the overall limit of maximum permissible FSI, as given in the Table below -

Sr. No.	Road width in m.	Maximum Permissible FSI
1	2	3
1	9.0 m. and up to 12.0 m	2.50
2	12.0 m. and up to 15.0 m.	3.00
3	15.0 m. and up to 24.0 m	3.50
4	24.0 m. and above	4.00

Note : The Regulations as pertaining to Ancillary FSI as listed in the principle DCPR shall be applicable to the above-mentioned FSI. The Built-up Area Calculation shall be in accordance with Regulation 6.6 of UDCPR.

14.2.1.2.1 Premium to be Paid

Additional FSI Over and above the base permissible FSI of respective land use zones as per principal DCPR may be permitted on the payment of premium.

The rate of premium for the additional F.S.I. as mentioned in Column No.3 above shall be 30% for FSI to be used for tenements of size equal to or less than 60 sq.m. and 35% for the remaining FSI to be used for residential and/or commercial use, of the rate of the said land mentioned in Annual Statement of Rates without considering the guidelines therein.

In the area of the Planning Authority, 50% of the amount of premium collected should be paid to the Planning Authority in the area concerned with the Urban Transport Project and the remaining 50% to the Project Implementing Authority.

In the area of Regional Plans, 50% of the amount of premium collected should be paid to the Government through the District offices of the Town Planning and Valuation Department and the remaining 50% to the Project Implementing Authority.

14.2.1.2.2 Impact Assessment and Integrated Mobility Plan

Such additional FSI over and above the base permissible FSI, shall be granted by the Authority from where the Metro Rail is passing through, after taking into account the Impact Assessment of the implementation of these regulations, regarding the impact on the city and sector-level infrastructure and amenities as well as traffic and environment. Such Impact Assessment shall also contain measures to be undertaken to mitigate its likely impact and the Action Plan for implementation of such measures in a time-bound manner.

There shall be an Integrated Mobility Plan envisaging inter-linkages between different modes of mass transport, parking management, traffic management and pedestrianisation, non- motorized transport network, last mile connectivity, traffic calming, inter-connected street networking etc.

The impact assessment analysis shall be done by the Planning Authority within 4 months containing the remedial measures required regarding the upgradation of infrastructure, etc. taking into consideration the impact analysis and provisions of the sanctioned Development Plan and the need for such area falling in TOD Zone. Local Area Plans shall be prepared by the Planning Authority with the participation of local residents within a period of four (4) months. Such Local Area Plans shall contain complete street design to achieve optimum densities and also to ensure complete pedestrianisation.

14.2.1.2.3

The entire area of the plot may be considered for calculating the potential of the plot with respect to 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 the 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.

14.2.1.2.4

In case of plot/plots falling partly within the TOD zone, the FSI permissible shall be as follows, provided that the total area of the plot (plot falling within TOD zone plus plot falling outside TOD zone) shall be as prescribed in the table in regulation no.14.2.1.2 :-

(i) Where 50% or more area of such plot/plots falls within TOD zone, these regulations including FSI shall apply to the total area of such plot/plots.

(ii) Whereless than 50% area of such plot/plots falls within the TOD zone, these regulations including FSI shall be applicable to the part of plot/plots falling within the TOD zone, whereas for the part of plot/plots falling outside TOD zone, these regulations except provisions regarding FSI shall be applicable. The FSI permissible for the part falling outside the TOD zone shall be as per Principal DCPR.

Notwithstanding anything contained in any other provisions of these regulations, TDR shall be allowed to be received on the plots within the TOD zone, irrespective of its location in a congested area/non-congested area as per the Development Plan of Pune subject to the condition that it shall be utilised in 1/4th share with premium FSI at every stage of utilization. Such share shall be calculated on the potential remaining after utilizing the in-situ FSI towards the Development Plan road, reservation, and amenity space, if any, on such land.

However in case of non -availability/shortage of TDR, the Authority, after considering the local situation, may allow utilisation of the entire potential with premium FSI. The Planning Authority shall compensate for the same to the Metro Project Implementing Authority as per the sharing formula decided by the Government from time to time.

(iii) In the case of plots that marginally fall in the TOD Zone, i.e., less than 10% or 500 sq.m., whichever is less, the land owner/developer shall decide to follow these TOD Regulations or Principal DCPR.

14.2.1.3 Tenement Size

For any development or redevelopment within the TOD zone, the size of the tenement shall be a minimum of 25 sq.m. and a maximum of 120 sq.m. of carpet area and out of total proposed tenements, the tenements equivalent to at least 50% of total FSI shall be of a size equal to or less than 60 sq.m. carpet area except the projects in which rehabilitation of existing tenements is undertaken. In the case of a redevelopment scheme, the size of the tenement can be relaxed for the Rehab Component subject to other provisions of Principal DCPR. However, for the free sale component, 50% of residual FSI shall be utilised for tenements of size equal to or less than 60 sq.m. carpet area. These tenements shall not be allowed to be clubbed/amalgamated in any case. However, this restriction for the residual FSI shall not be necessary in the case of single-building redevelopment projects on plots below 1000 sq.m.

In the case of a building with mixed-use, 50% of FSI utilized for residential purposes shall be considered for calculating the requirement of tenements of a size equal to or less than 60 sq.m. carpet area.

If the holder/owner of the property needs to build this 50% component at some other location(s) within the same TOD zone/circle, the difference between the rate of sale of tenements as mentioned in the Annual Statement of Rates shall be paid by the developer to the Municipal Corporation as premium.

14.2.1.4 Permissible mixed use in TOD zone

Mixed-use in the form of residential and commercial may be permissible on the residential plot in the TOD zone fronting on the road width of 12 m., and above, and mixed-use on plot/plots in the commercial plot in the TOD zone shall be permissible as per the Principal DCPR and the maximum permissible FSI under this regulation shall be allowed on the payment of premium. Purely Mercantile building office buildings, schools, colleges, hospitals, hotels, and assembly buildings will be permissible on independent plots, & Information Technology buildings will be permissible on independent plots subject to payment of premium. For I.T. Buildings the rate of premium for additional FSI up to 200 % shall be as per regulation No.7.8 of Principal DCPR and for additional FSI over it shall be as required under this regulation.

14.2.1.5 Marginal Distances

Marginal Distances Shall be applicable as per provisions in principle DCPR.

14.2.1.6 Parking

Parking provisions in the TOD Zone shall be at 50% of those as mentioned in UDCPR.

Note : No on-street parking shall be permissible, unless specifically allowed in the integrated mobility plan report.

14.2.1.6.1 Incentive for providing Public Parking in the area falling within the radius of 200 m. from the Metro/ MRTS Station.

If the owner/developer of the plot falling within the radius of 200 mt. from the Metro Station is willing to provide Public Parking space over and above the parking spaces required as per

regulation No.14.2.1.6 of this regulation, the same shall be allowed without charging a premium for such additional area and in that case the overall premium shall be discounted on 50 % of such parking area while calculating premium for additional FSI allowed over and above the base FSI, subject to following conditions :-

a) Such parking area shall be in the built-form and shall be handed over to the Planning Authority free of cost before granting the Occupation Certificate to the project. The Planning Authority should enter into an agreement with the owner/developer for such parking space at the time of granting Commencement Certificate to the project. Such a Public Parking area shall be clearly shown on the proposed building plan/layout and a condition to the above effect shall be incorporated in the Commencement Certificate.

b) The parking area shall have independent access from the major road adjacent to the plot and with proper entry and exits.

c) The parking area to be made available at the individual site shall be at a minimum of 100 sq. mt. at one place either on the Ground floor/Stilt floor or the first floor.

d) The maximum parking area that can be provided shall be decided by the Authority, as the case may be, on considering the location of such site and the parking requirement.

e) A board showing the location of such public parking spaces should he displayed at suitable places by the Planning Authority.

f) The area covered under such parking shall not be counted towards FSI consumption.

g) Concerned land owner/developer/society / public company shall not be allowed to operate the public parking.

h) The proposed development shall be further subject to such conditions as may be decided by the Authority.

14.2.1.7

In case of development or redevelopment, proposed by the Authority/individual applicant/any other Planning Authority, from the edge of the Metro Rail, within 20 mt. distance on its either side, the concerned Planning Authority before granting such permission for development/redevelopment shall seek prior NOC from the concerned Metro Railway Authority as required under the Metro Railways (Construction of Works) Act, 1978 from the point of view of safety of the Metro Railway and such other related matters.

14.2.1.8

For the matters not provided in this regulation, the relevant provisions of Principal DCPR shall apply. However, in case of any conflict between this Regulation and any other Regulation/s of the Principal DCPR, this Regulation shall prevail for the TOD zone.

14.2.1.9

No Compound wall/fencing shall be permissible on the plot's boundary facing the road, and 50% of the front marginal distance (subject to a minimum of 3.0 mt.) shall be kept accessible to pedestrians to be used as footpaths. However, it shall be permissible for the applicant to construct / erect fencing on the receded boundary after leaving the space for pedestrians as specified above.

14.2.1.10

Large wholesale stores having built-up areas of more than 500 sq.mt., car dealer showrooms, warehouses/storages, auto service centres, Garages etc. shall not be permissible in the TOD zone.

14.2.1.11

The provision of Inclusive housing shall not be applicable in the TOD zone.

14.2.1.12

For Gunthewari development regularized under the provisions of Maharashtra Gunthewari Development Act, 2001 and falling in the TOD zone, seeking permission for development/redevelopment, these regulations shall apply.

14.2.1.13

In the case of an independent unit or bungalow for self-use, such Development or redevelopment may be allowed within base FSI subject to the Principal DCPR.

Notwithstanding anything contained in this regulation, if any development on a plot in the TOD zone is proposed within base permissible FSI (without TDR or Premium FSI) as per provisions of Principal DCPR, all other provisions of Principal DCPR shall be applicable.

14.2.1.14

The layout of building/group housing layout or standalone building on a plot/plots situated in TOD zone/Circle, over which any development permission is granted or any development proposal for which any action is taken and for which occupancy certificate is not granted, may be revised and balanced potential, as per this regulation, if any, may be allowed subject to structural stability criteria and provisions in Regulation 1.5 of Principle DCPRand subject to following -

a) Parking - For the ongoing buildings, the requirement of parking as per this regulation shall be applicable for the balance building potential.

b) Tenement size - For the ongoing buildings, the requirement of tenement size as per this regulation shall be applicable for the balance building potential.

14.2.1.15

The Amount received as scrutiny fee, hardship premium, and premium for additional FSI etc. in the TOD zone/circle shall be kept in separate head at Authority level and shall be utilizedfor development of metro project as per directives issued by Government from time to time.

14.2.1.16

These TOD provisions will also be made applicable to other MRTS projects such as BRTS. The scale of FSI availability will be notified later by the Government for such other projects.

14.2.2 Pune Metropolitan Region Development Authority area

For this area, the regulations specified in Regulation No.14.2.1 are applicable mutatis – mutandis.

14.2.3 For Nagpur Municipal Corporation and Nagpur Metropolitan Region Development Authority

The following Regulations are applicable for the Development/Redevelopment of buildings falling within the Nagpur Metro Rail Corridor (NMRC)

i) Definitions

a) Nagpur Metro Rail Corridor (NMRC) - It is an area falling within 500 m. distance on

either side of the Nagpur Metro Rail measured from its Centre line and also includes the area falling within 500 m. distance from the longitudinal end of the last Metro Railway Station. This regulation is also applicable to all the Planning Authorities from where the Metro Rail is passing through.

b) Base permissible FSI— It is the FSI that is otherwise permissible on any land with respect to the zone shown as per the sanctioned development plan and the relevant provision of the Principal DCR, excluding the TDR and the premium FSI, redevelopment incentive FSI that can be received.

c) Gross plot area - Gross Plot Area means total area of land after deducting area under reservation or deemed reservation like amenity space if any, area under D.P. Road and Road widening.

ii) Maximum Permissible FSI

The maximum permissible total FSI in NMRC shall be 4.00 including the basic permissible FSI, subject to the condition that, the additional FSI over and above the basic permissible FSI shall be allowed within the overall limit of maximum permissible FSI, as given in the Table No.14-O below :-

Table No.14-O
Sr. No.	Minimum Road Width	Plot Area	Maximum Permissible FSI
1	9.00 m	Below 1000 sq.m	2.00
2	9.00 m	1000 sq.m. or above	3.00
3	12.00 m.	2000 sq.m. or above	3.50
4	15.00 m.	2000 sq.m. or above	4.00

Explanation:-

1) The maximum permissible FSI as per the above Table shall be determined by satisfaction of both the criterias viz. Minimum Road width as well as plot area, simultaneously. However in case, both these criteria are not satisfied simultaneously, the maximum permissible FSI shall be the minimum of that permissible against each of these two criteria, as illustrated below.

2) The land owner/Developer shall not have the option to use TDR in NMRC.

Illustrations:-

Table No.14-P
Plot Area	Road width
Plot Area	Less than 9.0 m.	9.0 m. & above	12.0 m. & above	15.0 m. & above
below 1000 sq.m.	As mentioned in Chapter 6	2.0	2.0	2.0
1000 sq.m up to 2000 sq.m.	As mentioned in Chapter 6	3.0	3.5	3.5
Above 2000 sq.m.	As mentioned in Chapter 6	3.0	3.5	4.0

a) Premium to be Paid

Additional FSI over and above basic permissible FSI of respective land use zones as mentioned in Chapter 6 may be permitted on the payment of premium as may be decided by the Govt. from time to time.

i) The additional FSI as prescribed in the Table under provision (ii) above, in case of development/redevelopment proposed in the NMRC with minimum tenement density per hectare of the gross plot area as given below.

Minimum Numbers of Tenements = Gross Plot Area x Maximum Proposed FSI for Residential use x 200 Tenement per Hector.

ii) However, subject to the provisions of regulation 14.2.3(iii) herein below, if the tenement density proposed is less than that stipulated under provision (ii)(a)(i), the premium to be paid in that event shall be the additional premium as may be decided by the Govt. from time to time and such premium shall be chargeable on the total additional FSI to be availed beyond the basic permissible FSI.

iii) For construction of buildings mentioned in Chapter 7, the rates of premium shall be as mentioned in the said Chapter.

b) Impact Assessment and Integrated Mobility Plan

Such additional FSI over and above the base permissible FSI, shall be granted by the Commissioner, Nagpur Municipal Corporation / Chairman, Nagpur Improvement Trust, and any Planning Authorities from where the Metro Rail is passing through after taking into account the Impact Assessment of the implementation of these regulations regarding the impact on the city and sector level infrastructure and amenities as well as traffic and environment on such NMRC.

Such Impact Assessment shall also contain measures to be undertaken to mitigate its likely impact and the Action Plan for implementation of such measures in a time-bound manner. It shall also contain an Integrated Mobility Plan envisaging therein inter-linkages between different modes of mass transport, parking management, traffic management, and pedestrianization.

c) The maximum permissible FSI as given in Table under Regulation No. (ii) above shall be calculated on the gross plot area.

d) In case of plot/plots falling partly within the NMRC, the FSI permissible shall be as follows, provided that the total area of the plot (plot falling within NMRC plus plot falling outside NMRC) shall be as prescribed in the table in Regulation No. (ii) above :-

(i) Where 50% or more area of such plot/plots falls within NMRC, these regulations including FSI shall apply to the total area of such plot/plots.

(ii) Where less than 50% area of such plot/plots falls within NMRC, these regulations including FSI shall be applicable to the part of plot/plots falling within NMRC, whereas for the part of plot / plots falling outside NMRC, these regulations except provisions regarding FSI shall be applicable. The FSI permissible for the part falling outside NMRC shall be as mentioned in Chapter 6.

Moreover, the owner shall have the option of either opting for UDCPR provisions in toto or opting for TOD regulations in toto. In case, the owner opts for development as per UDCPR provisions, then he may be allowed to utilize FSI as per TOD regulations over and above the maximum potential mentioned in Table 6-A or 6-G.

e) Notwithstanding anything contained in any other provisions of these regulations, TDR shall not be allowed to be received on the plots within NMRC, irrespective of its location in congested area/non-congested area as per the Sanction Development Plan of Nagpur.

iii) Permissible mixed use in NMRC :

Mixed use in the form of residential and commercial, fully commercial use may be permissible on the residential plot in NMRC fronting on the road width of 12.0 m. and above. Mix use on plot/plots in commercial zones of sanction Development Plan falling under NMRC shall be permissible as per these Development Control and Promotion Regulations and the FSI permissible as per his Regulation over and above as mentioned in Chapter 6 shall be allowed on the payment of premium, as per subject to Maximum building potential as mentioned in Regulation No.(ii) above.

iv) Other provisions regarding marginal open spaces shall be governed by the proposed height of the structure, as given in the provisions (v) below, and should conform to the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 (Maharashtra Act No.III of 2007), as amended from time to time. No building permission shall be issued without the NOC of the Fire Officer. Other regulations regarding room sizes, apertures for light, and ventilation shall be as per these Development Control and Promotion Regulations in force.

v) Marginal Spaces :

Table No.14-Q
Sr. No	Building Height	Side and Rear Margins	Remark
a	15.0 m. and below	H/2-4	Minimum 3.0 m. for Residential minimum of 4.5 m. for Commercial and Minimum 6.0 m. for Special Buildings.
b	Above 15.0 m. and up to 24.0 m.	H/5	Minimum 4.5 m. for Residential and Commercial Building and 6.0 m. for Special Building.
c	Above 24.0 m.	H/5	Minimum 6.0 m.

Note - 1. Maximum Side/Rear/Front Margin shall be 12.0 m however, if the Developer/Owners provide more than 12.0 m. side and rear margins it may be allowed.

Note - 2. The Municipal Commissioner may relax the side and rear marginal distances as per Regulation No.2.4 of UDCPR, subject to the following provisions.

A) If clear minimum marginal distance is proposed from one side as per these Regulation then other side marginal distance may be relaxed up to 50%.

B) Front margin relaxation to allow additional FSI may be granted subject to the condition that the Minimum road width shall be 12.0 m. and above.

Note - 3. In case semi-detached construction as per these regulations, common wall constructed is allowed and marginal distance shall be provided for other side as per these regulations.

(v)(a) No projections shall be allowed in one side marginal spaces as mentioned in Note No.2(A) above so that this marginal spaces remain free from all encumbrances for the movement of fire tenders. However open balconies may be allowed in the marginal spaces where concession as mentioned in Note No.2(A) above is allowed, after leaving minimum 3.0 m. distance from the plot boundaries, subject to Fire NOC.

In case if the ramp is necessary for accessibility, such a ramp may be allowed after living 6.0 m. clear margin. However, such a Ramp may be allowed in the side margin where relaxation is to be granted as per the provision mentioned in Note No.2(A) above subject to NOC of the Fire Department.

(v)b) For calculation of marginal distances, the height of the parking floors (Maximum two floors above the Ground Level) shall not be taken into account, However, the height of such parking floors will be counted towards the total height of the building for deciding the building as high rise building and for civil Aviation purpose.

(v)(c) Car lift/mechanical parking shall be permissible, as per these regulations as amended from time to time.

vi) Parking :

Parking in the NMRC shall be provided as per the table given below :-

Table No. 14 - R
Sr. No.	Occupancy	One parking space for every	Transit Oriented
Sr. No.	Occupancy	One parking space for every	Car	Scooter/Motorcycle	Cycle
1	Residential	(a) Tenements having carpet area -
		From 25 and up to 40 sq.m.	0	1	2
		For 2 units above 40 and up to 60 sq.m.	1	1	2
		For every unit above 60 and up to 80 sq.m.	1	1	2
		For every unit above 80 sq.m.	1	2	1
2	Govt. & Semi Govt. Private business buildings	100 sq.m. carpet area or fraction thereof	1	2	2

Note :-

1) Parking spaces for differently-abled persons shall be provided as stipulated in these

regulations in each new construction/development /re-development in the NMRC.

2) On street parking shall not be permissible, unless specifically allowed in the impact assessment and mobility report.

(vi)(a) Incentive for providing Public Parking in the area falling within a radius of 200 m. from the Metro Station.

If the owner/developer of the plot falling within the radius of 200 m. from the Metro Station, is willing to provide Public Parking space over and above the parking spaces required as per the table given in Regulation No. (vi) above of this regulation, the same shall be allowed and in that case, the premium to be paid by such developer/owner as per Regulation No.14.2.3(ii)

(a) shall be reduced by the amount equal to the premium worked out for 25% of the area earmarked for such additional Public Parking space, subject to the following conditions:-

i) Such parking area shall be in the built-up form and shall be handed over to the Planning Authority free of cost before granting the Occupation Certificate to the project. The Planning Authority should enter into an agreement with the owner/developer for such parking space at the time of granting a Commencement Certificate to the project. Such a Public Parking area shall be clearly shown on the proposed building plan/layout and a condition to the above effect shall be incorporated in the Commencement Certificate.

ii) The parking area shall have independent access from the major road adjacent to the plot and with proper entry and exits.

iii) The parking area to be made available at the individual sites shall be at a minimum of 100 sq.m. at one place either on the Ground floor/Stilt floor or first floor.

iv) The maximum parking area that can be provided shall be decided by the Commissioner, Nagpur Municipal Corporation/the Chairman, Nagpur Improvement Trust, as the case may be, on considering the location of such site and the parking requirement.

v) A board showing the location of such public parking space should be displayed at suitable places by the Planning Authority.

vi) Area covered under such parking shall not be counted towards FSI consumption.

vii) Concerned land owner/developer/society/public company shall not be allowed to operate the public parking.

viii) The proposed development shall be further subject to such conditions as may be decided by the Municipal Commissioner/Chairman, NIT, as the case may be.

vii) In case of development or redevelopment, proposed by the Authority / individual applicant/any other Planning Authority, from the edge of the Metro Rail, within 10.0 m. distance from the Metro Rail, on its either side, the concerned Planning Authority i.e. Nagpur Improvement Trust / Nagpur Municipal Corporation before granting such permission for development/redevelopment shall seek prior NOC from the Nagpur Metro Railway Corporation Ltd as required under the Metro Railways (Construction of Works) Act, 1978 from the point of view of safety of the Metro Railway and such other related matters.

viii) The provisions of these UDCPR shall be applicable except, express provisions of these TOD regulations. However in case of any conflict between TOD Regulations and any other Regulation/s of UDCPR, TOD Regulations shall prevail for the NMRC.

ix) No Compound wall/fencing shall be permissible on the boundary of plot facing the road and 50% front marginal distance (subject to minimum and maximum of 3.0 m.) shall be kept accessible and to be used as foot paths for pedestrians. However, it shall be permissible for the applicant to construct/erect fencing, on the boundary, after leaving the space for pedestrians as specified above.

However for the plots situated on 9.0 m., 12.0 m. & 15.0 m., wide Roads having 100% residential use therefore, the above rule shall not be made applicable.

a) Large wholesale stores, auto dealer showrooms, warehouses/storages, auto service centres, Garages etc. shall not be permissible in NMRC.

b) Provision of Inclusive housing shall not be applicable in NMRC.

c) For Gunthewari development regularized under the provisions of Maharashtra Gunthewari Development Act, 2001 and falling in NMRC, seeking provisions for Development/redevelopment, these regulations shall apply.

d) The width of the passage shall be a minimum of 1.2 m. for residential use & 2.0 m. for

commercial use.

e) The above regulation shall be applicable to all the buildings (i.e. newly proposed buildings as well as old buildings for utilization of FSI) in TOD.

f) In case of a redevelopment scheme, the size of the tenement can be relaxed for the Rehab Component subject to other provisions of the UDCPR. However, the TOD Regulation shall be made applicable for the free sale component.

g) In case of an independent unit/Bungalow for self-use, such Development/Redevelopment may be allowed within base FSI subject to UDCPR.

h) The layout of the building/group housing layout or standalone building on a plot/plots situated in NMRC over which construction is started and for which occupancy certificate is not granted may be revised and balance potential if any may be allowed as per the above provisions subject to following :-

Marginal Distance – The existing marginal distances including the front margin may be allowed for higher floor/floors and necessary relaxation to that extent may be granted by the Municipal Commissioner subject to compliance with all fire requirements and fire NOCs by charging hardship premium. The hardship premium is to be decided by the Municipal Commissioner. In any case sanctioned existing marginal/front margin distance shall not be reduced.

14.2.4 For other Municipal Corporations and other Metropolitan Region Development Authority (1) and CIDCO area

For these areas, the regulations specified in Regulation No.14.2.1 shall be applicable.

14.2.5 Regulations for BRT Corridor in Pimpri-Chinchwad Municipal Corporation.

The Regulations for development along the BRT corridor in the Pimpri-Chinchwad Municipal Corporation area sanctioned vide Government Notification No.TPS-1812/737/12/CR-506/ 13/Reconstruction No.110/UD-13, dated 03/03/2010 and amended from time to time, shall be applicable with the following modifications.

FSI receiving or development potential of the plot shall be as below

Sr. No	Road width in meters	Basic FSI	FSI on payment of premium	Maximum permissible TDR	Maximum building potential on plot including in-situ FSI
1	2	3	4	5	6
1	Below 9 m.	1.00	--	--	1.00
2	9 m. and above but below 12 m.	1.00	0.50	0.75	2.25
3	12 m. and above but below 15 m.	1.00	0.50	1.00	2.50
4	15 m. and above but below 24 m.	1.00	0.50	1.25	2.75
5	24 and above but below 30 m	1.00	0.50	1.50	3.00
6	30 and above	1.00	0.50	1.75	3.25