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Terminology used in Building bye laws

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

FSI (Floor Space Index)

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

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

 

Open Space

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

 Amenity space

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

 Paid FSI (Fungible FSI)

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

 TDR (Transferable development rights)

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

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

 

Road Widening

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

 Carpet area

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

 Built up Area

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

 

Conveyance Deed

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

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

 

 

Building Control Line

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

Non Agriculture (NA)

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

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

 

Side Margin

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

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

 

Ready Reckoner Rate

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

R zone (residential)

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

You can check all Types of Land zone

https://foot2feet.com/blog/types-of-land-zone-its-benefits/

 

Residential zones – R1 / R2

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

Incentive for Green Buildings in UDCPR 2020

Rule No. 7.10  Incentive for Green Buildings

 

The Authority shall strive to promote green building concepts within the municipal area, (2) CIDCO as Planning Authority by Virtue of NTDA. In order to do so it may impanel agencies of repute as listed/recognized by the State/Central Government. The following incentives shall be provided for green-rated buildings.

 

i) Green buildings shall be entitled for incentive FSI as below.

 

GRIHA Three star/IGBC Silver/LEED silver/The ASSOCHAM GEM or equivalent

rating - 3% incentive FSI on basic FSI.

 

GRIHA Four star/IGBC Gold/LEED Gold /The ASSOCHAM GEM or equivalent rating - 5% incentive FSI on basic FSI.

 

GRIHA Five star / IGBC Platinum/LEED Platinum/The ASSOCHAM GEM or equivalent rating - 7% incentive FSI on basic FSI.

 

Achieving minimum GRIHA Three star/IGBC Silver/LEED silver/The ASSOCHAM GEM or equivalent rating for construction projects shall be mandatory for all buildings belonging to Government, semi-government, local bodies, and public sector undertakings.

 

ii) Incentive FSI will be awarded after pre-certification from the impanelled agency. This FSI shall be exclusive of the limits specified in this UDCPR.

 

iii) In case the developer fails to achieve a committed rating as per pre-certification at the time of final occupancy, a penalty shall be imposed at the rate 2 times of the land cost as per ASR for the incentive FSI for the rating not achieved.

 

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

 

Development of Housing for EWS and LIG in UDCPR 2020

 

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

 

Regulation for Development of Biotechnology Parks in UDCPR 2020

 

Buildings of Smart Fin Tech Centre in UDCPR 2020

 

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

 

Provisions for Barrier Free Access in UDCPR 2020

UDCPR 2020 Chapter 13 is all about the Special Provisions for Certain Buildings 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. 13.0 General

Special provisions shall be made with respect to certain buildings, as given below. However, this provision shall stand superseded if new directions are issued by the Government.

 

Rule No. 13.1 Provisions for Barrier-Free Access

 

Provisions for barrier-free access in buildings for differently-abled persons shall be as given

below.

 

13.1.1 Definitions

 

i) Non-ambulatory Disabilities :- Impairments that, regardless of cause or manifestation, for all practical purposes, confine individuals to wheelchairs.

 

ii) Semi-ambulatory Disabilities :- Impairments that cause individuals to walk with difficulty or insecurity, individuals using braces or crutches, amputees, arthritics, spastics, and those with pulmonary and cardiac ills may be semi-ambulatory.

 

iii) Hearing Disabilities :- Deafness or hearing handicaps that might make an individual insecure in public areas because he is unable to communicate or hear warning signals.

 

iv) Sight Disabilities :- Total blindness or impairments, which affect sight to the extent that the individual, functioning in public areas, is insecure or exposed to danger.

 

v) Wheel Chair :- Chair used by disabled people for mobility. The standard size of the wheelchair shall be taken as 1050 mm. x 750 mm.

 

13.1.2  Scope

 

These regulations are applicable to all buildings and facilities used by the public such as educational, institutional, assembly, commercial, business, and mercantile buildings constructed on plots having an area of more than 2000 sq.m. It does not apply to private and public residences.

 

13.1.3  Site development

 

The level of the roads, access paths, and parking areas shall be described in the plan, along with the specifications for the materials.

 

1. Access Path/Walkway: The access path from plot entry and surface parking to the building entrance shall be a minimum of 1800 mm. wide having an even surface without any steps. Slope, if any, shall not have a gradient greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to coloured floor material whose colour and brightness is conspicuously different from that of the surrounding floor material or the material that emits different sounds to guide visually impaired persons; hereinafter referred to as “guiding floor material”. Finishes shall have a non-slip surface with a texture traversable by a wheel chair. Curbs wherever provided should blend to a common level.

 

2. Parking :- For parking of vehicles of handicapped people, the following provisions shall be made :-

 

a) Surface parking for two car spaces shall be provided near the entrance for physically handicapped persons with a maximum travel distance of 30.0 m. from the building entrance.

 

b) The width of parking bay shall be minimum 3.6 meter.

 

c) The information stating that the space is reserved for wheelchair users shall be conspicuously displayed.

 

d) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

 

13.1.4 Building Requirements

 

The specified facilities for the buildings for differently-abled persons shall be as follows :-

 

i)  Approach to plinth level

 

ii)  Corridor connecting the entrance/exit for the differently abled.

 

iii)  Stair-ways

 

iv)  Lift

 

v)  Toilet

 

vi)  Drinking Water.

 

i) Approach to plinth level : Every building should have at least one entrance accessible to the differently abled, which shall be indicated by proper signage. This entrance shall be approached through a ramp together with the stepped entry.

 

ii) Ramped Approach: The ramp shall be finished with non-slip material to enter the building. The minimum width of the ramp shall be 1800mm. with a maximum gradient of 1: 12. The length of the ramp shall not exceed 9.0 m. It shall have an 800 mm. high handrail on both sides extending 300 mm beyond the top and bottom of the ramp. The minimum gap from the adjacent wall to the hand rail shall be 50 mm.

 

iii) Stepped Approach :- For the stepped approach, the size of the tread shall not be less than 300 mm. and the maximum riser shall be 150 mm. Provision of 800 mm. high hand rail on both sides of the stepped approach similar to the ramped approach.

 

iv) Exit/Entrance Door :- Minimum & clear opening of the entrance door shall be 900 mm. and it shall not be provided with a step that obstructs the passage of a wheel chair user. Threshold shall not be raised more than 12 mm.

 

v) Entrance Landing :- Entrance landing shall be provided adjacent to the ramp with a minimum dimension of 1800 mm. x 2000 mm. The entrance landing that adjoins the top end of a slope shall be provided with floor materials to attract the attention of visually impaired persons (limited to coloured floor material whose colour and brightness are conspicuously different from that of the surrounding floor material or the material that emits different sound to guide visually impaired persons hereinafter referred to as “guiding floor material”). Finishes shall have a non-slip surface with a texture traversable by a wheelchair. Curbs, wherever provided, should blend to a common level.

 

vi) Corridor connecting the entrance/exit for the differently abled :- The corridor connecting the entrance/exit for the differently abled, leading directly outdoors to a place where information concerning the overall use of the specified building can be provided to visually impaired persons either by a person or by signs, shall be provided as follows :-

 

a)  Guiding floor materials or devices that emit sound to guide visually impaired persons shall be provided.

 

b)  The minimum width shall be 1500 mm.

 

c) In case there is a difference of level, slope ways shall be provided with a slope of 1 : 12.

 

d) Handrails shall be provided for ramps/slope ways.

 

vii) Stair-ways - One of the stair-ways - near the entrance/exit for the differently abled shall have the following provisions :-

 

a)  The minimum width shall be 1350 mm.

 

b) The height of the riser shall not be more than 150 mm. and the width of the tread 300 mm. The steps shall not have abrupt (square) nosing.

 

c)  Maximum number of risers on a flight shall be limited to 12.

 

d) Handrails shall be provided on both sides and shall extend 300 mm. on the top and bottom of each flight of steps.

 

viii) Lifts - Wherever a lift is required as per regulations, provision of at least one lift shall be made for the wheelchair user with the following cage dimensions of lift recommended for a passenger lift of 13 person capacity of Bureau of Indian Standards.

 

Clear internal width1100 mm.
Clear internal width2000 mm.
Entrance door width900 mm.

 

a)  A handrail not less than 600 mm. long at 1000 mm. above floor level shall be fixed adjacent to the control panel.

 

b)  The lift lobby shall be of an inside measurement of 1800 mm. x 1800 mm. or more.

 

c)  The time of an automatically closing door should be a minimum of 5 seconds and the closing speed should not exceed 0.25 m./sec.

 

d)  The interior of the cage shall be provided with a device that audibly indicates the floor, the cage has reached indicates that the door of the cage of entrance/exit is either open or closed.

 

ix) Toilets :- One special W.C. in a set of toilets shall be provided for the use of differently abled with the essential provision of washbasin near the entrance for the handicapped.

 

a) The minimum size shall be 1500 mm. x 1750 mm.

 

b) Minimum clear opening of the door shall be 900 mm. and the door shall swing out.

 

c) A suitable arrangement of vertical/horizontal handrails with 50 mm. clearance from the wall shall be made in the toilet.

 

d)  The W.C. seat shall be 500 mm. from the floor.

 

x) Drinking Water :- Suitable provision of drinking water shall be made for the differently abled near the special toilet provided for them.

 

xi) Designing for Children :- In the buildings meant for the pre-dominant use of the children, it will be necessary to suitably alter the height of the handrail and other fittings & fixtures, etc.

 

Explanatory notes :-


1) Guiding / Warning Floor Material :

 

The floor material to guide or to warn the visually impaired persons with a change of colour or material with conspicuously different texture and easily distinguishable from the rest of the surrounding floor materials is called guiding or warning floor material. The material with different textures gives audible signals with sensory warnings when a person moves on this surface with a walking stick. The guiding/warning floor material is meant to give a directional effect or warn a person at critical places. This flooring material shall be provided in the following areas :-

 

a) The access path to the building and to the parking area.

 

b) The landing lobby towards the information board, reception, lifts, staircases and toilets.

 

c)  Immediately at the beginning/end of the walkway where there is a vehicular traffic.

 

d) At the location abruptly changing in level or beginning/end of a ramp.

 

e) Immediately in front of an entrance/exit and the landing.

 

2) Proper signage :-

 

Appropriate identification of specific facilities within a building for the differently abled persons should be done with proper signals. Visually impaired persons make use of other senses such as hearing and touch to compensate for the lack of vision, whereas visual signals benefit those with hearing disabilities.

 

Signs should be designed and located so that they are easily legible by using suitable letter sizes (not less than 20 mm. high). For visually impaired persons, an information board in brail should be installed on the wall at a suitable height and it should be possible to approach them closely. To ensure safe walking, there should not be any protruding sign which creates obstruction in walking. Public Address System may also be provided in busy public areas.

 

The symbols/information should be in contrasting colours and properly illuminated because people with limited vision may be able to differentiate between primary colours. International Symbol Mark for wheel chair be installed in a lift, toilet, staircase, parking areas, etc., that have been provided for the differently abled.

 

Gunthewari Yojana

 

As you may already know, in Maharashtra state, gunthewari is a traditional method used to measure land. Eventually, the Gunthewari Regulation Act was enacted by the Maharashtra state government in August 2001. In the same vein, they were given the benefit of Gunthewari Yojana before 01 January 2001. Whereas,  on 7th January 2020, the Maharashtra cabinet gives approval for regularization lakhs of gunthewari constructions. To sum up, this decision of state government taken to regularize the gunthewari schemes in the state till 31st December 2021. 

 

Gunthewari for various types

 

You can do the gunthewari for various types. For instance, gunthewari can be done for the open land, building and flats.

 

Can I do Gunthewari now?

 

As of dated, 7th January 2021,  Gunthewari yet not started. Consequently,  Maharashtra cabinet gives approval for the same. And will start it sooner.

 

Charges for Gunthewari

 

The regularization of gunthewari development is subject to the prior  payment of compounding fee and development charges may be determined by the state government from time to time.. That is to say, the charges for gunthewari is yet not declared. 

 

List of Documents for  Required for Gunthewari

 

The following documents are required for Gunthewari  to submit along with the application as follows

 

  1. 7/12 Extract
  2. Mojani.
  3. Existing layout plan.
  4. Rectification plan
  5. An undertaking by the applicant to rectify compoundable infringements
  6. Building Plan as per site condition
  7. Other Land Ownership Documents
  8. Demand draft, drawn on any 

 

Process involved in Gunthewari

 

With help of license Engineer of liaisoning architect the concerned plot holder shall apply for regularization of gunthewari development . however, the file with all the necessary documents is to be submitted to the local planning authority. After that, the planning authority shall scrutinize the case for fulfillment of the stipulated requirements  and thereafter issue a certificate of regularization.

 

Benefits of Gunthewari development

 

Well, gunthewari developments are unlawful and there is an obvious need to curb such development, at the same time. Whereas, its not desirable to demolish on a mass scale of the old and long existing constructions  made on gunthewari plots. The followings are the benefits of regularizing the gunthewari yojana as follows-

  1. The prime and very important benefit of regularizing the gunthewari schemes is, whatever illegal you have bult I becomes legal
  2. It  increases the valuation of property.
  3. If you are regularizing the open plot then it also increases the FSI of the plot.

 

Sample Gunthewari certificate

 

Below is the Sample  format of Gunthewari  certificate-