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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
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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. 6.6 CALCULATION OF BUILT-UP AREA FOR THE PURPOSES OF FSI
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 the respective floor, irrespective of its use/function. If part of the stilt, podium or basement is proposed for habitation purposes or for the construction which is counted in FSI, then such construction shall also be measured in P-line in that respective floor.
Rule No. 6.8 EXCLUSION OF STRUCTURES / PROJECTIONS FOR FSI CALCULATION
i) Exclusion of Structures/Projections for FSI Calculation Structures/Projections/features/ ornamental projection of glass façade permitted in marginal open spaces as mentioned in Regulation No.6.7
(a) Projections into Marginal Open Spaces :- Every open space provided, either interior or exterior, shall be kept free from any erection thereon and shall be open to the sky, and no cornice, chajja, roof, or weather shade more than 0.75 m. wide shall overhang or project over the said marginal open spaces so as to reduce the width to less than the minimum required. However, sloping / horizontal chajja provided over the balcony/gallery, etc., may be permitted up to balcony projections at a horizontal level.
(c) Ledge for Air conditioning unit as specified in Regulation No.9.5 - LEDGE OR TAND / LOFT
9.5.1 Location and Extent
Ledge or Tand may be provided at suitable places as per requirement. Lofts may be provided over kitchens, habitable rooms, bathrooms, water closets, and corridors within a tenement in residential buildings, over shops, and in an industrial buildings, as mentioned in below Table No.9-B subject to the following restrictions –
i) The clear head room under the Loft shall not be less than 2.1 m.
ii) Loft in commercial areas and industrial buildings shall be located 2.0 m. away from the entrance.
iii) Loft shall not interfere with the ventilation of the room under any circumstances.
iv) The maximum height of the loft shall be 1.5m.
Table No.9-B - Provision of Loft | ||
---|---|---|
Sr. No. | Rooms over which Permitted | Maximum Coverage (Percentage to area or room below) |
(1) | (2) | (3) |
1 | Kitchen/Habitable Room | 25 |
2 | Bathroom, Water Closet, Corridor | 100 |
3 | Shops with widths up to 3.0 m. | 33 |
4 | Shops with a width exceeding 3.0 m. | 50 |
5 | Industrial | 33 |
9.5.2 Location and extent of Ledge for Air Conditioning unit
Ledge for the Air Conditioning unit may be provided on the exterior of wall of the rooms of size not exceeding 0.5 m. x 1.0 m. at the suitable location.
(d) A canopy or porch not exceeding 5 m. in length and 2.5 m. in width in the form of a cantilever and unenclosed over the main and subsidiary entrances, providing a minimum clear height of 2.4 m. below the beam bottom of the canopy. The canopy shall not have access from the upper floors (above floors), for use as a sitting out place. There shall be a minimum clearance of 1.5 m. between the plot boundaries and canopy.
Provided that more than one canopy may be permitted in the case of special buildings as per requirement.
(e) A projection of a maximum of 30 cm. on the rooftop terrace level may be allowed throughout the periphery of the building. In the case of pitched roof projection, a maximum of 45 cm at rooftop level throughout the periphery of the building shall be allowed.
(f)(iii) Underground Suction tanks, soak pits, wet and dry garbage separately with collection chambers, space required for fire hydrants, electrical and water-fittings, underground water tanks, dustbins etc.
(g) Ramp for basement in side and rear marginal distances subject to provisions under Regulation No.9.12.
(j) Architectural projections - Architectural projections as specified in Regulations No.9.30.
(k) Construction of ottas, railings, barricades, or supporting columns for canopy or porch shall not be permitted within the minimum required front marginal distances. However, steps or steps along with otta may be permitted to project upto 1.2 m. from the building line.
ii) Stilt/Multi-storeyed floors/podium/basement, if used (2) exclusively for parking including passages (2) and staircase, Lift Duct/Lobby therein and basement used for users mentioned in Regulation No.9.11.1(i) to (iii).
iii) Areas covered by Porches, Canopies, lofts, ledge or tand, shelves, Air Conditioning Plant Rooms, Lift Well, Lift-Machine Room, and Service Floor of height not exceeding 1.8 m. height or as permissible as per Regulation No.9.33 below the beam, for hospitals, shopping malls, plazas, and Star category hotels (rating with three stars and above) and like buildings, other buildings above 15.0 m. in height.
iv) Area of structures for water, grey water, wet-waste or an effluent treatment plant, rainwater harvesting Pump rooms, electric cabin of sub-stations/of generator set area, electric meter rooms as per requirements, Refuge chutes/garbage chutes/garbage shafts for wet and dry garbage separately with collection chambers.
v) Rockery, Well and well structures, Plant Nursery, Water Pool, platform around a tree, Fountain, bench, Chabutara with open top and unenclosed sides, Ramps, Compound wall, Gate, slide/swing, Steps outside the buildings, Domestic working place (open to sky), Overhead water tank on top of the building, Refuge area for high rise buildings as specified in Regulation No.9.29.6
vi) Telecommunication tower, antenna, and allied activities.
vii) Atrium may be allowed in any type of building. Such an atrium may be allowed to be enclosed on top by a transparent or opaque sheet.
viii) Open to sky terraces, top of the podium, open to the sky swimming pool on the top terrace and top of the podium with plant room.
ix) Structures permissible in recreational open space as per Regulation No.3.4.7 - Structures permitted in Open Space
If required, structure and uses that can be permitted without counting in FSI in the recreational open spaces shall be as under :-
i) There may be a maximum two-storeyed structure with a maximum 15% built-up area of recreational open space, out of which, the built-up area on the ground floor shall not exceed 10%. In case of stilt, additional floors may be allowed.
ii) The structures used for the purpose of the pavilion, gymnasia, fitness center, clubhouse, vipashyana, and yoga center, crèche, kindergarten, library, or other structures for the purpose of sports and recreational activity (indoor or outdoor stadiums, etc., as per availability of area) may be permitted. Utilities such as water tanks (underground or elevated), electric substations, generator sets, pump houses, garbage treatment, and public health outposts/centers may be permitted only with the consent of the society of residents. Religious structure may be allowed with the permission of competent Authority as decided by the Government from time to time.
iii) No detached toilet block shall be permitted.
iv) A swimming pool may also be permitted in such a recreational open space. The ownership of such structures and other appurtenant users shall vest in all the owners on account of whose cumulative holdings the recreational open space is required to be kept in the land.
v) The proposal for the construction of such structure should come as a proposal from the owner/s, owners’ society/societies, or federation of owners’ societies and shall be meant for the beneficial use of the owners/ members of such society/societies/federation of societies.
vi) The remaining area of the recreational open space shall be kept open to the sky and properly accessible to all members as a place of recreation, garden, or a playground.
vii) The owners’ society/societies, the federation of the owners’ societies shall submit to the Authority, a registered undertaking agreeing to the conditions in (v) & (vi) above while obtaining permission for the above said construction.
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 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
Regulations for Permissible FSI in Non Congested Area In Maharashtra in UDCPR 2020
What are the Setback, Marginal, Distance, Height in Non Congested Area in Maharashtra in UDCPR 2020
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UDCPR 2020 Chapter 9 is all about the City Specific Regulations 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. 10.9 Kolhapur Municipal Corporation
10.9.1
Open spaces, area, FSI and height limitations for characteristic specified areas in Kolhapur.
For characteristic specified areas in Kolhapur, listed herein below, shall have the open spaces and regulations for FSI and height limitations as given in table No.10-B below :-
TABLE NO.10-B. | ||||||
---|---|---|---|---|---|---|
Sr.No. | Particulars of Areas | Minimum size of plot | Marginal distance to be observed | Permissible Max. built-up area | ||
Front | Rear | Side | ||||
1 | 2 | 3 | 4 | 5 | 6 | 7 |
1 | Rajarampuri almost all plots are of 40 x 78 except corner plots of 80 x 78 | 40 x 78 = 3120 sq. ft. (12.16 m. x 23.77 m.) 294 sq.m. | 10.0 (3.05 m.) | 2.0 (0.60 m.) | 2.6 (0.76 m.) |
TABLE NO.10-B. | ||||||
---|---|---|---|---|---|---|
Sr. No. | Particulars of Areas | Minimum size of plot | Marginal distance to be observed | Permissible Max. | ||
Front | Rear | Side | ||||
1 | 2 | 3 | 4 | 5 | 6 | 7 |
1 | Shahupuri Commercial lane 30 x 75 (9.12 m. x 22.86 m.) or 40 x 75 (12.16 m. x 22.86 m.) Part of the old cantonment (new Shahupuri) is Shown as ABCDE on the Development Plan. | 30 x 75 = 2250 sq. ft. (9.12 m. x 22.86 m.) | 1.0 (0.305 m.) | 1.0 (0.305 m.) | 1.06 | - |
Shahu Road | 40 x 75 = 3000 sq. ft. (12.216 m. x 22.86 m.) | 1.0 (0.305 m.) | 1.0 (0.305 m.) | 2.6 | - | |
Other lanes (12.16 m. x 24.30 m.) | 40 x80 = 3200 sq. ft. (0.305 m.) | 1.0 (0.305 m.) | 1.0 (0.305 m.) | 2.6 | - | |
2 | Laxmipuri | 80 x 160 = 12800 sq. ft. (24.3 m. x 48.64 m.) | 20.0 (6.00 m.) | 5.0 (1.52 m.) | 5.0 (1.52 m.) | - |
50 x 100 = 5000 sq. ft. (15.2 m. x 30.48 m.) | 10.0 (3.05 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | - | ||
40 x 80 = 3200 sq. ft. (12.16 m. x 24.3m.) | 5.0 (1.52 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | - | ||
3 | Subhash Road (South side Uma Talkies | 40 x 100 = 4000 sq. ft. (12.16 m. x 30.4 m.) | 10.0 (3.05 m. | 3.0 (0.91 m.) | 5.0 (1.52 m.) | - |
Gokhale College | Up to 3000 sq. ft. | 10.0 (3.05 m. | 3.0 (0.91 m.) | 5.0 (1.52 m.) | - | |
4 | Balbag Vashant | 80 x 120 = 9600 sq. ft. (24.32 m. x 36.48 m.) | 15.0 (4.56 m.) | 10.8 (3.04 m.) | 5.0 (1.52 m.) | - |
5 | Muskuti Talao | 40 x 80 = 3200 sq.ft. (12.16 m. x 24.32 m.) | 5.0 (1.52 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | - |
6 | Old cantonment (New Shahupuri) The remaining part area excluding in Sr. No.2 | 80 x 120 = 9600 sq. ft. (24.32 m. x 36.48 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | - |
40 x 80 = 3200 sq. ft. (12.16 m. x 24.32 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | - | ||
7 | Patankar Colony | 80 x 120 = 9600 sq. ft. (24.32 m. x 36.48 m.) | - | - | - | - |
Main Road | 10.0 (3.05 m.) | 3.0 (0.91 m.) | 5.0 (1.52 m.) | - | ||
Other Roads | 5.0 (1.52 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | - | ||
8 | Rajarampur New vasahat East side of Tararani vidyapeeth | 40 x 80 = 3200 sq.ft. (12.16 m. x 24.32 m.) | 10.0 (3.05 m.) | 3.0 (0.91 m.) | 5.0 (1.52 m.) | - |
9 | Petala New Mahadwar Road | 40 x 100 = 4000 sq. ft. (12.16 m. x 30.4 m.) Other plots interior roads. | 5.0 (1.52 m.) | 3.0 (0.91 m.) | 5.0 (1.52 m.) | - |
10 | Tarabai Park | 5000 sq. ft. and above (460 Sq.m.) | 15.0 (4.56 m.) | 10.0 (3.05 m.) | 10.0 (3.05 m.) | - |
3000 sq. ft. to 5000 sq. ft. (278.5 sq.m. to 460 sq.m.) | 15.0 (4.56 m.) | 10.0 (3.05 m.) | 7.6 (2.25 m.) | - | ||
11 | Shahaji Nagar | 5000 sq.ft. (460 sq.m.) | 15.0 (4.56 m.) | 10.0 (3.05 m.) | 10.0 (3.05 m.) | - |
12 | Sykes Extension | 80 x 120 = 9600 sq. ft. (24.32 m. x 36.40 m.) | 15.0 (4.56 m.) | 10.0 (3.05 m.) | 10.0 (3.05 m.) | - |
CTS No. 1143, E | 60 x 70 = 3200 sq. ft. (18.29 m. x 21.33 m.) | 10.0 (3.05 m.) | 5.0 (1.52 m.) | 5.0 (1.52 m.) | - | |
CTS No. 1141, E | 40 x 80 = 3200 sq. ft. (12.16 m. x 24.32 m.) | 5.0 (1.52 m.) | 2.6 (0.76 m. | 2.6 (0.76 m. | - | |
13 | Old Gavat Mandai opposite Jijamata Girls High School | 40 x 80 = 3200 sq. ft. (12.16 m. x 24.32 m.) and other Plots. | 10.0 (3.04 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | - |
14 | Subhash Nagar | 40 x 60 = 2400 sq.ft. (12.16 m. x 10.24 m.) | 5.0 (1.52 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | - |
15 | Jawahar Nagar | 40 x 60 = 2400 sq.ft. (12.16 m. x 10.24 m.) | 10.0 (3.05 m.) | 5.0 (1.52 m.) | 5.0 (1.52 m.) | - |
16 | Line Bazar near Masjid | 40 x 90= 3600 sq.ft. (12.16 m. x 27.42 m.) | 10.0 (3.05 m.) | 2.6 (0.60 m.) | 2.6 (0.76 m.) | - |
17 | Shivaji Udyam Nagar (Industrial use only permitted except for residential use) | 80 x 120 = 9600 sq. ft. (24.32 m. x 36.48 m.) | 20.0 (6.10 m.) | 3.6 (1.064 m.) | 2.6 (0.76 m.) | - |
40 x 80 = 3200 sq. ft. (12.16 m. x 24.32 m.) | 5.0 (1.52 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m. | - | ||
On Rajaram Road 80 x 80 = 6400 sq.ft. (24.32 m. x 24.32 m.) | 5.0 (1.52 m.) | 3.6 (1.064 m.) | 5.0 (1.52 m.) | - | ||
40 x 80 = 3200 sq. ft. (12.16 m. x 24.32 m.) | 5.0 (1.52 m.) | 3.6 (1.064 m.) | 5.0 (1.52 m.) | - | ||
CTS No.1325 | 40 x 80 = 3200 sq. ft. (12.16 m. x 24.32 m.) | 5.0 (1.52 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m. | - | |
CTS No. 1243/2 to 1243/4 for foundry use. Power Nagar, Udyam Nagar extension | 20.0 (6.10 m.) | 5.0 (1.52 m.) | 5.0 (1.52 m.) | - | ||
18 | Dhor Vasahant | 80 x 160 = 12800 sq.ft. (24.32 m. x 48.64 m.) | 15.0 (4.56 m. | 10.0 (3.05 m. | 5.0 (1.52 m.) | - |
19 | Town Planning Scheme | Kolhapur No.1 Special | - | - | - | - |
For final Plots | Upto 2 Gunthas (less than 2 area) | 5.0 (1.52 m.) | 5.0 (1.52 m.) | 2.06 (0.76 m.) | 50% | |
For final Plot | 2 Gunthas to 5 gunthas (2 Ares to 5 areas) | 10.0 (3.05 m.) | 5.0 (1.52 m.) | 5.0 (1.52 m.) | 50% | |
For final Plots | 5 gunthas (5 Ares) | 15.0 (4.5 m.) | 15.0 (4.56 m.) | 10.0 (3.05 m.) | 33% | |
20 | Town Planning Scheme Kolhapur No.II Special Regulations. | |||||
B) | Excepting the above further final plots | 15.0 (4.56 m.) | 15.0 (4.56 m.) | 5.0 (1.52 m.) | 33% | |
21 | Two planning schemes Kolhapur No.III Special Regulations. | |||||
A) | The final plot is about 5000 sq. ft. (460 sq.m.) | 15.0 (4.56 m.) | 15.0 (4.56 m.) | 10.0 (1.56 m.) | 33% | |
B) | Final plot No.15 and 19 | 10.0 (3.04 m.) | 10.0 (3.04 m.) | 10.0 (3.04 m.) | 33% | |
22 | Mahatma Phulewadi Housing Society | 40 x 110 = 4400 sq. ft. (12.016 m. x 33.53 m.) | 10.0 (3.05 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | - |
40 x 60 = 2400 sq. ft. (12.16 m. x 18.29 m.) | 10.0 (3.05 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | - | ||
23 | Sambhaji Nagar | 40 x 80 = 3200 sq.ft. (12.16 m. x 24.32 m.) | 5.0 (1.52 m.) | 2.0 (0.60 m.) | 2.6 (0.76 m.) | - |
40 x 60 = 2400 sq. ft. (12.16 m. x 18.29 m.) | 5.0 (1.52 m.) | 2.0 (0.60 m.) | 2.6 (0.76 m.) | - | ||
24 | Sagar Mal. Behind Maharashtra Housing Board colony. (Shastri Nagar) | 50 x 85 = 4250 sq. ft. (15.20 m. x 25.90 m.) | 10.0 (3.05 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | - |
25 | Khasbag Road from CTS No. 2557 to 2533 | As per Gaothan regulation | 1.0 (0.305 m.) | 2.6 (0.76 m.) | - | |
26 | Sakoli Vasahat to the South West of Rankala S.T. Stand | As per Gaothan regulation | 1.0 (0.305 m.) | 1.6 (0.45 m.) | - | |
27 | Timber Market | 100 x 150 = 15000 sq. ft. (30.48 m. x 45.72 m.) | 15.0 (4.56 m.) | 15.0 (4.56 m.) | 15.0 (4.56 m.) | - |
28 | Golibar Vasahat K Bavada | 40 x 40 = 1600 sq.ft. (12.16 m. x 12.16 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | - |
29 | Patharvat Vasahat Near Daulat Nagar | 30 x 50 = 1500 sq. ft. (9.14 m. x 15.24 m.) | 5.0 (1.52 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m. | - |
30 | Old Vasahats Dombar Wada Takala portion on Koti-tirth | Gaothan Regulation would be applicable | - | - | - | - |
31 | Sotewala Vasahat | 5.0 (1.52 m.) | 2.0 (0.60 m.) | 2.6 (0.76 m. | - | |
32 | Nagala Area of Tarbai Park | 5000 sq.ft. and above (460 sq.m. & above) | 15.0 (4.56 m.) | 10.0 (3.05 m.) | 10.0 (3.05 m.) | 33% |
3000 sq. ft. to 5000 sq. ft. (278.5 sq.m. to 460 sq.m.) | 15.0 (4.56 m.) | 10.0 (3.05 m.) | 7.6 (2.25 m.) | 33% | ||
33 | Hind Co-operative Housing Society (Ruikar Colony) | 65 x 80 = 52000 sq. ft. (19.81 m. x 24.36 m.) | 10.0 (3.05 m.) | - | 7.0 (2.13 m.) | - |
60 x 90 = 5400 sq. ft. (18.91 m. x 27.42 m.) | 15.0 (4.56 m.) | 5.0 (1.52 m.) | 7.0 (2.13 m.) | - | ||
34 | Dinanath Mangeshkar Nagar - site No.272 & 273 | i) 1500 to below 2000 sq. ft. (139.35 sq.m. to 185.80 sq.m.) | 10.0 (3.05 m.) | 5.0 (1.52 m.) | 5.0 (1.52 m.) | 1/2 |
ii) 2000 to below 3000 sq. ft. (185.0 sq.m. to 278.7 sq.ft.) | 10.0 (3.05 m.) | 10.0 (1.52 m.) | 5.0 (1.52 m.) | 1/2 | ||
iii) 3000 to below 5000 sq. ft. (278.7 sq.m. to 464.5 sq.m.) | 15.0 (4.56 m.) | 10.0 (3.05 m.) | 7.6 (2.25 m.) | 1/2 | ||
35 | Sagarmal (S.No.1330) E Ward, site No. 338) | do | do | do | do | do |
36 | R.S. No.690 site No. 365 | 400 sq.ft. (37016 sq.m.)
400 to 784 sq. ft. (37016 to 67.03 sq.m.) | Gaothan Regulation shall be applied 5.0 (1.52 m.) | 2.0 (0.60 m. | 2.6 (0.76 m.) | - |
37 | Site No.87 (Housing the Dishoused) | As mentioned in Sr.No.l35 | As mentioned in Sr.No.l35 | - | - | - |
38 | R.S.No.711 K, Karveer | 500 to 1000 sq.ft. (46.45 to 92.90 sq.mt.) | 5.0 (1.52 m.) | - | 3.0 (0.9 m.) on one side 2.6 (Com- mon distance | - |
39 | Remanmala Zopadpatti | 1800 to 2000 sq.ft. (1167.22 to 185.8 sq.m.) | 5.0 (1.52 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | 1/2 |
40 | Site No.60 | 50 x 30 = 1500 sq.ft. (15.24 m. x 9.14 m.) | 5.0 (1.52 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | 1/2 |
41 | Daulat Nagar | 1500 sq.ft. (139.35 m.) | 5.0 (1.52 m.) | 2.6 (0.76 m.) | 2.6 (0.76 m.) | 1/2 |
Note 1 - Maximum permissible Basic FSI for Sr.No.1 to 3 and 26, 27 and 31 shall be 1.5 for residential use and 2.0 for residential cum-Commercial use and for remaining areas, it shall be 1.1 and mix non-residential use to be allowed without any restriction of percentage.
Note 2 - The properties fronting on “Mahadwar to Mahadwar Chowk Road” shall be given building permission with a front setback of only 0.5 m.
Note 3 - The maximum permissible basic FSI, permissible TDR loading, and additional FSI on payment of premium shall be allowed as per these regulations.
Note 4 - Height of building
i) The height of the building to be constructed on Kiranotsav Marg of Mahalaxmi Temple shall be determined by the Municipal Commissioner.
ii) For Sr.No.1, 2 & 3 - upto 21.0 m. height with marginal distances as per columns No.4, 5 & 6 of the table above.
Above 21.0 m. height - it shall be as per Regulation No.(1) 6.1.1(iii), (vi) or Regulation No.6.2.3, as the case may be.
iii) For Sr.No.4 to 42 up to 15.0 m. as per columns no 4, 5 & 6 of the table above.
For height above 15.0 m., 1.0 m. set-back for every 3.0 m. height on all sides except the front for the open plot. For the existing structures and ongoing projects, only front and rear setbacks are to be kept in addition to the marginal open spaces as per columns No.4, 5 & 6 of the table above. This may be allowed in the form of a step margin. The side margin as mentioned in column No.6 of the table above may be continued up to 21.0 m. height.
Above 21.0 m. height - it shall be as per Regulation No.(1) 6.1.1(iii), (vi) or Regulation No.6.2.3, as the case may be.
Note 5 - Other provisions excluding the above, shall be as per UDCPR.
Note 6 - For parking spaces in the basement and upper floor, there should be at least one vehicular ramp of 3.00 m. width in side and rear margin for 4-wheelers and for 2-wheelers or one vehicular ramp of 2.0 m. width for 2 wheeler shall be provided for plot area up to 1000 sq.m. or the owner may provide a minimum 2 Car lifts instead of a Ramp.
10.9.2 Height of building on Kiranotsav Marg other than the specified area
The height of the building to be constructed along Kiranotsav Marg of Mahalaxmi Temple shall be determined by the Municipal Commissioner.
Related Regulations to Rule No. 10
Special Rules for Pune City in UDCPR 2020
Thane Municipal Corporation Area in UDCPR 2020
Special Rules for Nagpur City and Nagpur Metropolitan Region Development Authority in UDCPR 2020
Nashik Municipal Corporation in UDCPR 2020
Vasai Virar City Municipal Corporation in UDCPR 2020
Navi Mumbai Municipal Corporation in UDCPR 2020
Bhiwandi Surrounding Notified Area in UDCPR 2020
CIDCO Area Excluding Naina Area in UDCPR 2020
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UDCPR 2020 Chapter 7 is all about Higher FSI for Certain Uses as per mentioned in the UDCPR
This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra
Rule No.7.8 Regulations for Development of Information Technology Establishment/Data Centers
7.8.1 For Municipal Corporations in Mumbai Metropolitan Region and Pune Metropolitan Region.
Development of Information Technology Establishments/Data Centers shall be regulated as per the Information Technology & Information Technology Enabled Services (IT / ITES) Policy - 2023 as declared by the Industries Department vide Government Resolution No.ITP-2021/CR-170/ IND-2, dated 27/06/2023 and amended from time to time which is mentioned below:-
i) a) The Authority may permit additional FSI as mentioned below over and above the basic permissible F.S.I. to all registered Public and Private IT / ITES Parks / AVGC Parks / IT SEZs or IT Parks in SEZs / Stand-alone IT / ITES units in public IT Park / Data Centers (including IT / ITES units / Data Centers located in Residential / Industrial or any other land use zone in which such users are permissible), which have been approved by the Directorate of Industries, proposed to be set up or already set up under present/previous IT / ITES policies, (hereinafter referred to as the "said unit") by charging a premium of 10% of the land rate for the said land OR if such land is included in Central Business District (CBD) by charging premium of 25% of the land rate for the said land, as prescribed in Annual Statement of Rates for the relevant year of granting such additional F.S.I., without applying guidelines.
Sr.No | Min. Road width (m) | Max. Permissible FSI |
---|---|---|
1 | 12 | Up to 3 |
2 | 18 | Up to 3.5 |
3 | 27 | Up to 4 |
Maximum additional FSI permissible shall be as mentioned above or as per Regulation No.6.1 or 6.3, as the case may be, whichever is more.
b) The Authority may permit additional FSI up to 200% over and above the basic permissible F.S.I. to all registered Public and Private IT/ITES Parks/AVGC Parks/IT SEZs or IT Parks
in SEZs/Stand-alone IT/ITES units in public IT Park/Data Centers located in No Development/ Green/Agriculture zones in which such users are permissible, which have been approved by the Directorate of Industries, proposed to be set up or already set up under present/previous IT/ITES policies, (hereinafter referred to as the "said unit") by charging a premium of 10% of the land rate for the said land as prescribed in Annual Statement of Rates for the relevant year of granting such additional F.S.I., without applying guidelines.
Provided that additional FSI above 100% and up to 200% shall be permissible only on plots having an access road of a minimum of 18.0 m. width.
In the case of lessor authorities such as New Town Development Authorities as land owners, such Authorities may recover lease premium for additional F.S.I., if applicable, under their land disposal policy.
In addition to what is mentioned above, ancillary FSI as mentioned in Regulation No.6.1.1 shall be applicable.
The premium for additional FSI, ancillary FSI, Development Charges, and other charges as may be required to be recovered under this regulations shall be allowed to be paid to the Authority in installments with interest @ 8.5% p.a. as per options and conditions mentioned in Regulation No.2.2.14.
Provided further that, the premium so collected shall be shared between the Planning Authority and the Government in the proportion of 50: 50. The share of the Government shall be paid to the concerned Branch office of the Town Planning Department.
(Explanation: Premium charges shall be calculated based on the value of lands under such zones, determined by considering the land rates of the said land as prescribed in the Annual Statement of Rates (ASR). These charges shall be paid at the time of permitting additional F.S.I. by considering the ASR for the relevant year without applying the guidelines.)
ii) A maximum of 40% of the total proposed Built-up area (excluding parking area) inclusive of such additional F.S.I. may be permitted for allied services/support services including commercial and residential activities except polluting activities in IT Parks. The remaining built-up area shall be utilized for the IT / ITES data center.
Stand-alone buildings/Groups of buildings in IT Parks with a minimum built-up area of 20,000 sq. ft. will also be eligible for the above benefits.
iii) Such new unit shall allocate at least 2% of the total proposed built-up area for providing incubation facilities for new units. This area would be treated as a part of the Park to be used for IT activities and eligible for additional FSI benefits accordingly.
iv) Premium to be received by the Planning Authority against availing additional FSI for IT & ITES industries/Data Centers as per provisions in this regulation shall be deposited in a separate account held as provided by the State Government as a separate fund viz. "Critical Infrastructure Fund for IT/ITES Industries" and this fund shall be utilized only for the creation of Critical Infrastructure for IT/ITES Industries/Data Center. The matching contribution from the State Government/MIDC (as a special Planning Authority) will be deposited in the same infrastructure fund.
Provided that in the event, the developer comes forward to provide such off site infrastructure at his own cost, instead of paying the premium as prescribed above, then the Planning Authority may determine the estimated cost of the work by using rates prescribed in the District Schedule of Rates (DSR) of the relevant year, in which order for commencement of such work is issued. The Planning Authority shall also prescribe the standards for the work. After completion of the works, the Planning Authority shall verify and satisfy itself that the same is developed as per prescribed standards and thereafter, by deducting the cost of works, the balance amount of premium shall be recovered from such developer before issuing the Occupancy Certificate.
Provided that, in case the cost of work is more than the premium to be recovered, such additional cost is to be borne by such developer.
v) Permission for erecting towers and antennae up to the height permitted by the Civil Aviation Department shall be granted by the Authority as per the procedure followed for development permission or otherwise as may be decided by the Government.
vi) While developing a site for IT/ITES / Data Center with additional FSI, support services as defined in the IT Policy - 2023 or amended from time to time, shall be allowed.
vii) Notwithstanding anything contained in the Development Control Regulations of Planning Authorities, no amenity space is required to be left for the development of IT/ITES/Data Center buildings.
viii) The Directorate of Industries will develop a web portal on which the developer of every IT park/Data Center will be bound to provide/update detailed information about the names of the units in the park, utilization of built-up area, and activities being carried out, manpower employed in the IT Park for IT/ITES / Data Center and support services on a yearly basis.
If a private IT park / Data Center has availed additional FSI as per the provisions of IT/ITES policy and subsequently it is found that the built-up space in the park is being used for non-IT/ITES / Data Center/commercial activities/any other activity not permitted as per the IT / ITES policy under which the said park was approved, a penal action as below will be taken, the payment shall be shared between the concerned Planning Authority and the Government in the ratio of 3: 1.
a) The misuse shall be ascertained by physical site verification of the said private IT park /Data Center by a team of officers from the Directorate of Industries and the Planning Authority which has approved the building plans of the said private IT park.
b) A per day penalty equal to 0.3% of the prevailing ASR value of the built-up area that has been found to be used for non-IT/ITES activities/Data Centers.
c) The penalty will be recovered from the date of commencement of unauthorized use till the day non-IT use continues.
After payment of the penalty to the concerned Planning Authority which has sanctioned the building plans of the concerned private IT park, the said private IT Park will restore the use of premises to the original purpose for which LOI/Registration was granted. If the private IT Park/Data Center fails to pay the penalty and/or restore the use to its original intended use, the concerned Planning Authority will take suitable action under the Maharashtra Regional and Town Planning Act, 1966, against the erring private IT Park under intimation to the Directorate of Industries. This provision will also be applicable to existing IT Parks.
7.8.2 For areas except areas mentioned in Regulation No.7.8.1 above and expect Regional Plan areas
The regulations mentioned in Regulation No.7.8.1 above shall be applicable to the areas except areas mentioned in Regulation No.7.8.1 above and expect Regional Plan areas with the following modifications. The Authority shall grant additional FSI accordingly.
i) Premium to be paid for additional FSI shall be 15% of the land rates for the said land as prescribed in the Annual Statement of Rates, without applying guidelines.
ii) Sharing of premium between the Planning Authority and the Government shall be 75: 25.
iii) A maximum of 50% of the total proposed Built-up area may be permitted for allied services/support services including commercial and residential activities except for polluting activities.
Stand-alone buildings/Groups of buildings in IT Parks with a minimum built-up area of 20,000 sq. ft. will also be eligible for the above benefits.
7.8.3 For Regional Plan Area
The provisions mentioned in Regulation No.7.8.1 above shall be applicable to the Regional Plan area with the following modifications. The Authority shall grant additional FSI accordingly.
i) In the case of the Regional Plan area, the premium to be paid for additional FSI shall be 5% of the land rates for the said land as prescribed in the Annual Statement of Rates without applying guidelines and shall be paid to the Government through District office of the Town Planning and Valuation Department.
ii) A maximum of 50% of the total proposed Built-up area may be permitted for allied services/support services including commercial and residential activities except for polluting activities. (1)
Note:- 1) In the case of Regulation No.7.8.2 and 7.8.3, no premium shall be chargeable in areas of Planning Authorities, if they are covered under Vidarbha, Marathwada, Dhule, Nandurbar, Ratnagiri and Sindhudurg Districts and no Industry Districts and Naxalism affected areas of the State (as defined in the "Package Scheme of Incentives-2013" of the Industries, Energy & Labour Department of the State.)
2) If additional development potential over and above the maximum permissible development potential mentioned in this provision is permissible under any other provisions of the prevailing Development Control and Promotion Regulations, such additional development potential shall be permissible as per the provisions of the relevant regulations of the prevailing Development Control and Promotion Regulations.
Related Regulations to Rule No. 7
Redevelopment of Existing Buildings in UDCPR 2020
Development of Housing for EWS and LIG 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
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UDCPR 2020 Chapter 8 is all about the Parking, Loading, and Unloading Spaces 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. 8.1 Parking Spaces
Wherever a property is to be developed or redeveloped, parking spaces at the scale laid down in these Regulations shall be provided. A parking plan showing the parking spaces along with manoeuvring spaces/aisles shall be submitted as a part of the building plan. When additions are made to an existing building, the new parking requirements will be reckoned with reference to the additional space only and not to the whole of a building but this concession shall not apply where the use is changed. The provisions for parking of vehicles for different occupancies shall be as given in Table No.8-A.
8.1.1 General Space Requirements
i) Location of Parking Spaces
The parking spaces include parking spaces in basements or on a floor supported by stilts, podiums or on upper floors, covered or uncovered spaces or in separate buildings in the plot and/or lock-up garages. The height of the stilt shall not be less than 2.4 m. from the bottom of the beam. In the case of stack parking, a height of up to 4.5 m. may be allowed.
ii) Size of Parking Space
The minimum sizes of parking spaces to be provided shall be as shown below in Table No.8-A
Table No.8-A - Parking Space Requirement | ||
---|---|---|
Sr.No. | Type of Vehicle | Minimum size/area of parking space |
1 | Motor Vehicle | 2.5 m. x 5.0 m. |
2 | Scooter, Motor Cycle | 1.0 m. x 2.0 m. |
3 | Transport Vehicle/ Ambulance/Mini Bus | 3.75 m. x 7.5 m. |
Note :
(a) In the case of parking spaces for motor vehicles, up to 50 per cent of the prescribed space may be of the size of 2.3 m.x4.5 m.
(b) Minimum size of parking space in mechanized / puzzle parking system shall be 2.3 m. x 5.8 m. for big cars and 2.1 m. x 5.0 m. for small cars.
iii) Marking of Parking Spaces
Parking space shall be paved and clearly marked for different types of vehicles.
iv) Manoeuvring and Other Ancillary Spaces
Off-street parking space must have adequate vehicular access to a street and the area shall be exclusive of drives, aisles and such other provisions required for adequate manoeuvring of vehicles. The width of drive for motor vehicles and scooters, and motorcycles shall be a minimum of 3.00 m. and 2.00 m. respectively.
v) Composite parking
The composite parking of vehicles like one car with two scooters may be allowed. Also, six scooters parking may be allowed to be converted into one car parking. In such cases, drives or aisles shall be required, taking into consideration entire composite parking.
vi) Bus bay for schools/multiplex/malls/assembly buildings/group housing
For these occupancies, being a special building, a bus bay of the required size shall be provided within the premise or along the main road on which the plot abuts. This shall be applicable for housing schemes having more than 500 flats.
vii) Ramps for Basement Parking
Ramps for parking in the basement should conform to the requirement of Regulation No.9.12
viii) Other Parking Requirements
a) To meet the parking requirements as per these regulations, a common parking area for a group of buildings, open or multi-storeyed, may be allowed on the same premises.
b) In addition to the parking spaces provided for the building of Mercantile (Commercial) like office, market, departmental store, shopping mall and building of industrial and storage, loading and unloading spaces shall be provided at the rate of one space for each 1000 sq.m. of floor carpet area or fraction thereof exceeding the first 200 sq.m. of floor area, shall be provided. The space shall not be less than 3.75 m. x 7.5 m. subject to a maximum requirement of 4 such parking spaces for office buildings and 6 parking spaces for other buildings. However, in the case of the office building, such parking spaces shall not exceed more than 4.
c) Parking lock-up garages shall be included in the F.S.I. calculations.
d) The space to be left out for parking as given in this regulation shall be in addition to the marginal open spaces left out for lighting and ventilation purposes as given in these regulations. These spaces may be used for parking provided a minimum distance of 3.0 m. (6.0 m. in case of special building mentioned in Regulation No.2.2.8) around the buildings is kept free of any parking or loading and unloading spaces, except the building as mentioned in Clause (c) above. Such a parking area adjoining the plot boundary may be allowed to be covered on top by sheet roofing, so as not to infringe the marginal distance to be kept open as specified above. Further, such sheet roofing shall not include the area adjoining the plot boundary to be used for tree plantation as mentioned in Regulation No.3.4.1(iii), if any.
e) In case of parking spaces provided in basements, at least two separate ramps of adequate width and slope for entry and exit shall be provided preferably at opposite ends. One ramp may be provided as specified in Regulation No.9.12.
f) Mechanical/Hydraulic/Stack parking/Parking tower may be permitted at 1.5 m. in side and rear margin under the following circumstances -
1. Minimum 6.0 m. The driveway shall be kept clear from all kinds of obstructions for easy manoeuvrability of fire and rescue appliances like ambulances. For buildings defined as high-rise buildings and special buildings in these regulations, 9.0 m. turning circle around the building shall be maintained.
2. For Non-Special buildings as defined in these regulations, such distance shall not be less than 3.0 m.
3. Such mechanical/hydraulic/parking towers may be permitted to touch the building on the dead wall side. Provided that the dead wall must be a 2-hour fire-rated wall.
4. The fire protection arrangement as per storage building will be made applicable to such parking towers as per Table - 7 of Part - 4 of NBC - 2016.
Related Regulations to Rule No. 8
Off Street Parking Requirement in UDCPR 2020
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UDCPR 2020 Chapter 14 is all about the Special Schemes as per mentioned in the UDCPR
This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.
Rule No. 15.2 Erection of Mobile Towers
Erection/setting up Telecommunication Cell Sites/Base Stations and installation of the equipment for the Telecommunication network shall be permissible as per the norms of the Department of Telecommunication/Information Technology or the concerned Department of the Central/State Government.
Rule No. 15.3 Preparation of Local Area Plan
A local area plan is a plan for the comprehensive development of a particular area in a city/town, which may consist of more detailed provisions than that of a development plan addressing the local requirements of the area. The Authority may prepare such a plan consisting of planning requirements at a micro level, local area-specific regulations, urban design, etc. The local area plan shall be prepared by following a procedure similar to that of section 33 of the Maharashtra Regional and Town Planning Act, 1966. After approval of this plan by the State Government, it shall come into force. In the event of provisions of the local area plan not consistent with UDCPR, the provisions of the local area plan shall prevail.
Rule No. 15.4 Guidelines for Street Design in City/Town
The authority shall ensure the complete design of streets i.e. streets shall be designed to cater to the needs of all users and activities like smooth and convenient vehicular movement, safe and unhampered pedestrian movement for all age groups, safe and easy movement of differently-abled persons, street furniture, etc.
The street shall generally be designed to
i) Attract more users
ii) Have provisions for pedestrian and cyclist
iii) Increase retail activities
iv) To provide relevant street furniture and signage
v) Plant trees
vi) Make provisions for proper illumination
vii) Have provisions for underground utilities.
Related Regulations
You can visit our other blogs related to Regulations 15 through the below-mentioned links:
Quarrying Operations in UDCPR 2020