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


 

What Is A Conveyance Deed?

 

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

 

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

 

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

 

Why Is Conveyance Deed Important?

 

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

 

Deemed Conveyance

 

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

 

List of documents for deemed conveyance as under

 

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

 

7 Types of Construction Calculators by Foot2Feet

Making life simpler with technology and devices, humans will always search for something new to live it easier. Foot2Feet App is one such invention, made as a one-stop solution to help and solve all queries related to real estate.

Right from the very beginning to the end, this app helps you to take your business ahead in the right ways. You can manage everything as you will be appointed service professionals. 

One of the great features that this app presents the user is the ‘Calculators’. Every construction site needs various complex calculations related to land and building, which differs according to various factors such as location, area, zoning and much more. So we provide automatic calculators which include FSI Calculator, Side margin calculator, water tank capacity calculator, etc and various factors that are important to concentrate on while you are onto a project.

The foot2feet app has all the important real estate calculators that a real estate owner, builder, engineer, architect or any one in construction industry needs.

These construction calculators are :

1. FSI Calculator:

FSI Calculators for both Pune Corporation and PMRDA projects can help you calculate the Floor Space Index of your project.

It has simplified tabs rather than the traditional formula of FSI = Built-up Area/ Plot Area. The traditional formula can help you with rough figures of measurements while FSI calculator calculates as per the plot’s area, building type, area of DP road widening, area under non-DP roads, under DP reservations, open space around and the area they wish to leave open.

With instant results, get an instant idea about construction.

Pune FSI Calculator

2. Side Margin Calculator:

The Side Margin calculator for projects in Pune Corporation works according to DCPR 2017 and in PMRDA as per DCPR 2018. It has 6 question tabs that will help you note the side margin of your building. The tabs are ‘My Preferred Unit’, ‘Width of Access Road’, ‘Height of Building’, ‘Parking Floor Height’, ‘Building Type’, and ‘Metro Zone’

Side Margin Calculator

3. TDR Calculator:

The TDR calculator by F2F helps you to determine the TDR you need to buy in order to extend the area for your project. It has a number of important tabs like ‘required TDR’, ‘Utilization Plot Rate’, ‘Generation Plot Rate’, etc. that will quickly ensure the TDR rate and buying needs.

All Calculators

4. Water Tank Calculator:

Often residential projects face problems of water scarcity in their societies due to insufficient water storage tanks. These water tanks not only store the water that people can domesticatebut also a surplus amountof it for the Fire System.

To understand the water tank need an exact amount of water a building needs, you should try the F2F water tankcalculator. With this calculator, our app can provide an exact figure to help you understand the right water tank(s) needed for domestication, fire system storage and the total tank storage.

All Calculators

5. Parking Calculator:

Parking space is one of the biggest issues in cities where people can own more than one vehicle. You may not want to add up more to this restriction which is why it is wise to calculate and understand the parking area requirement.

Parking Calculator

6. Height Calculator:

The height calculator can help you calculate permissible height according to DCPR 2017 for projects under Pune Corporation. It has an input field and road width as the main tabs. One can easily calculate the total height upto which you can construct of a building.

F2F parking calculator can calculate parking requirement for residential building, commercial complexes, hospitals, industrial buildings, etc.

All Calculators

7. Development charges calculator:

This calculator calculates the tentative challan amount required to pay to PMC for any project to get sanctioned. Depending upon the plot area, FSI and ready reckoner rate this amount varies. You can find tentative amount by input of these fields. Also if you require exact challan amount more details is to be filled.

Development Charges Calculator

Conclusion

The F2F app for real estate businessmen has more than just calculators. To explore the calculators and know more about the application, you should download it, right away.

 


 

Uses Permissible in Agricultural 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 Agricultural 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. 4.11 Agricultural Zone

 

i) All agricultural uses, including stables of domestic animals, piggeries, poultry farms accessory buildings, tents, etc.;


ii) Golf Course and Links, Race tracks, and shooting ranges with necessary safety measures, Trekking Routes/nature trails/nature walks, etc.;


iii) Garden, forestry, nursery, public parks, private parks; play fields, summer camps for recreation of all types


iv) Public / semi-public sector utility establishments such as electric sub-stations, receiving stations, switch yards, over-head line corridors, radio and television stations, receiving stations, main stations for public gas distribution, sewage treatment, and disposal works, water works along with residential quarters for essential staff required for such works;


v) L.P.G. Godown, subject to the following conditions :-


a) Minimum plot size and area of the plot shall be as decided by the concerned Licensing Authority.


b) The maximum permissible FSI shall be 20% on this plot.


c) Only ground floor structure shall be permissible.


d) It is necessary to obtain a No Objection Certificate from the Controller of Explosives and competent fire authority.


vi) Vehicle Fuel filling Stations, including LPG / CNG / Ethanol / Public Charging Stations for Electric Vehicles, is subject to the following conditions :-


a) The plot shall be located on any road with a minimum width of 12.0 m. or more.


b) FSI for such facilities in this zone shall be up to 20% of gross area, underground structures along with kiosks shall not be counted towards FSI.


c) NOC from the Chief Controller of Explosives shall be necessary.


d) In case the plot is located on any Classified road, the distance from the junction of roads as may be specified by the Indian Road Congress / Ministry of Road, Transport and Highway, shall be followed. (IRC guideline 2009 and MORTH Letter No.RW/NH- 33023/19/99-DO III, Dated 25.09.2003 as amended from time to time)


e) In a plot of Fuel Station, other building or composite building for the sales office, snack bars, restaurant, public conveniences or like activities , may be permitted
 

vii) Pottery manufacture.


viii) Storage and drying of fertilizer.


ix) Farmhouses shall be permitted subject to the following conditions :-


a) Minimum plot area for the above use shall be 0.4 Ha. However, one farmhouse per land holding shall be permitted, irrespective of the size of the land holding.
b) The FSI shall not exceed 0.04 subject to a maximum built-up area of 400 sq.m. in any case. Only ground + 1 floor structure with height not exceeding 9.0 m. shall be permissible.


x) Swimming pools/sports and games, canteen, tennis courts, etc.

 

xi) Amusement park. 

 

a) Amusement park with minimum plot area of 1.0 ha. with recreational and amusement devices like a giant wheel, roller coaster, merry-go-round or similar rides both indoor and outdoor, oceanic-park, swimming pool, magic mountain and lake, ethnic village, shops for souvenirs/citations, toys, goods, as principal uses and ancillary activities such as administrative offices, exhibition hall or auditorium, open-air theatre, essential staff quarters, store buildings, fast food shops, museum, small shops, ancillary structures to swimming pool, ancillary constructions along with staff quarters and residential hotels. Maximum permissible FSI shall be 0.70 on the gross plot area, out of which 0.20 shall be without payment of premium and remaining with payment of premium at the rate of 20% of the rate mentioned in the annul statement of rates of very said land without considering the guidelines therein.

 

b) The required infrastructure, like proper and adequate access to the park, water supply, sanitation, conservancy services, sewage disposal and adequate off-street parking, will have to be provided and maintained by the promoters of the project at their cost.

 

c) The promoters of the project shall provide adequate facilities for the collection and disposal of garbage at their cost. They will keep, at all times, the entire environment clean, neat and hygienic.

 

d) Area of Rides, whether covered or uncovered, shall not be computed towards FSI.
 

e) At least 250 trees (of indigenous species) per Hector shall be planted and grown within the area of the park.


f) Sufficient parking facilities and ancillary facilities for cars, buses, transport vehicles, etc., shall be provided on-site.

 

xii) IT / ITES parks/units with 0.20 FSI, subject to Regulation No.7.8.


xiii) Any building/use by the Government / Semi-Government or Government Controlled

bodies with basic FSI and village resettlement or resettlement of project-affected persons with full permissible FSI as that of a residential zone.

 

xiv)  Biotechnology unit / B.T. Park subject to Regulation No.7.9.

 

xv)  Development of buildings of educational, research, and medical institutions, community development, human resources development, rural upliftment, yoga ashram, mediation centers, vipassana centers, spiritual Centres, goshalas, panjarpol, Old Age homes, and Rehabilitation Centres along with allied activities, Planetarium / Astronomical / Astrophysical facilities/projects with FSI of 1.00 on the gross plot area, out of which 0.20 shall be without payment of premium and remaining with payment of premium at the rate of 20% of the rate mentioned in the annul statement of rates of very said land without considering the guidelines therein subject to following conditions :-

 

Conditions :-

 

a)  The trees at the rate of 250 trees per hectare shall be planted on the plot.

 

b)  The provisions of higher FSI mentioned in Chapter - 7 of these Regulations shall apply to the above buildings listed in the said chapter. However, higher FSI in such cases shall not exceed 100% of the above.

 

c) In case of educational use, 15% of the area may be used for commercial purposes subject to Regulation No.4.10(vi) provisions.

 

xvi) Integrated highway/Wayside amenities such as motels, way-side restaurants, fuel pumps, service stations, restrooms and canteen for employees working on-site and truck drivers, service godowns, factory outlets, highway malls, hypermarkets along with public conveniences like toilets, trauma center, medicine shop, bank ATMs and like activities with FSI of 0.2 on the gross area without payment of premium and further FSI upto 0.3 with premium at the rate of 20% land rate in Annual Statement of Rates of the said land without considering the guidelines therein, shall be allowed subject to following conditions :-

 

Integrated Highway / Wayside Amenities may be permitted to be developed on plots of land having a minimum area of 10,000 Sq.m. abutting to National Highways/State Highways or on any road not less than 18.0 m. width.

 

Provided that, No subdivision of land shall be allowed and the location of the fuel pump, if

provided, shall be separately earmarked.


Notwithstanding anything contained in this regulation, an individual use as mentioned in this

regulation may be permissible, on a road having a minimum width of 12.0 m. The minimum plot size for this regulation shall be the entire holding mentioned in the single 7/12 extract or a minimum of 4000 Sq.m. In any case, Sub-division / layout shall not be permitted.

 

xvii) Ancillary Service Industries


Ancillary service industries for agro-related products like flowers, fruits, vegetables, poultry products, marine products, related collection centres, auction halls, godowns, grading services and packing units, knowledge parks, cold storages, utility services (like banking, insurance, post office services) etc. on the land owned by individuals/organizations with FSI of 0.20 without payment of premium. Further, FSI up to 1.00 may be granted with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

 

xviii) Any industry/industries with FSI of 0.20 without payment of premium and further FSI up to 1.00 with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein. Minimum buffer open space/setback (which may include marginal distance and road width, if any) from the boundary of industrial Building/use to residential or habitable zone/use, shall not be less than 23.0 m. Such buffer open space shall be kept on the same land.

 

Provided that, the area under such buffer open space/setback shall not be deducted for computation of FSI.

 

Provided further that, if the land under the industrial zone is utilized entirely for non-polluting industries, IT / ITES or like purposes, then such buffer zone / open space shall not be necessary.

 

Provided further that, Industrial layout / sub-division of land shall also be permissible subject to regulations of Industrial Zone. In such case, the plot shall be entitled to 0.20 FSI and further FSI, as mentioned above, shall be subject to payment of premium. The condition to this effect shall be stamped on the layout / sub-division plan and also mentioned in the approval letter.

 

Provided further that, industrial godowns/godowns shall also be permissible under this regulation.

 

xix)  Solid waste management, landfill sites, biogas plants, and power generation from waste.

 

xx)  Power generation from non-conventional sources of energy. Area covered under solar panels shall not be counted in FSI.

 

xxi)  Brick, tile manufacture.

 

xxii)  Fish Farming.

 

xxiii) Religious buildings are subject to conditions as may be prescribed by the Authority.

 

xxiv) Slaughterhouse or facilities for processing and disposal of dead animals with the special permission of the Authority.

 

xxv)  Cemeteries and crematoria and structures incidental thereto.

 

xxvi)  Scrap Market with FSI of 0.20 without payment premium and further FSI up to 1.00 with the payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

 

xxvii) Mangal karyalayas / lawns.


a) Minimum area for mangal karyalaya shall be 0.4 ha. with FSI of 0.20. It may be

permitted along with essential guest rooms not exceeding 30% of the area of Mangal Karyalaya. The area for parking shall be 40% of the gross area, which shall be properly earmarked and bounded by a bifurcating wall. Further FSI up to 1.00 with payment of premium at the rate of 20% of the land rate in Annual Statement of Rates of the said land without considering the guidelines therein.

 

b) Lawns for the ceremony shall be 0.8 ha. with an FSI of 0.10. Area for parking shall be 40% of the gross area.

 

c) The plot for mangal karyalaya or lawn shall abut on road width of a minimum of 9.0 m. in the case of Nagar Panchayat, Municipal Council and Regional Plan area and 12.0 m. in case of other areas.

 

xxviii) Bus Terminus.

 

xxix) Construction of any communication route, road, railway, airstrips, ropeways, ports, electric lines, etc.

 

xxx) Town planning schemes under the provisions contained in the chapter - V of the Maharashtra Regional & Town Planning Act, 1966 shall be allowed for a minimum 20 hectare area, with a proper road network subject to the condition that the entire cost of the scheme shall be borne by the owners. After sanction of the preliminary scheme under section 86 of the Act, all uses as that of a residential zone, shall be permitted. FSI and other regulations shall be applicable as per the residential zone. Or

 

If the owners come together for development on the aforesaid concept of a town planning scheme instead of undertaking a town planning scheme under the Act, the Authority may allow and approve such development subject to the availability of an existing approach road of a minimum 12.0 m. width and earmarking 40% of the land for roads, parks, playgrounds, gardens, social infrastructure, and sale by the Authority, which shall be handed over to the Authority subject to the following -

 

a) A minimum of 10% of land shall be earmarked for playgrounds and parks, for which no FSI / compensation shall be allowed.

 

b Minimum 15% of land shall be earmarked for social infrastructure and that for sale by the authority and shall be handed over to the authority for which compensation in the form of FSI shall be allowed in-situ.

 

c Road area only to the extent of 15% shall be calculated in this component, for which compensation in the form of FSI shall be allowed in situ. The road area over and above 15% shall be calculated in the owner's / developer's share.

 

d) The regulation No.3.4 and 3.5 shall not be applicable in this case.

 

Development permission for uses permissible in a residential zone shall be granted phase-wise after completion of physical infrastructure works, including off-site infrastructure and handing over of land to the Authority. The land under such proposals shall be entitled for basic FSI / Premium FSI / TDR / In-situ FSI as that in the Residential Zone.

 

xxxi)  Manufacturing of Fireworks / Explosives and Storage of magazines/Explosives beyond 2.0 km. of Gaothan Settlement / Gaothan Boundary subject to No Objection Certificate from the Chief Controller of Explosives.

 

xxxii)  Development of Cinema and TV film production, shooting, editing, and recording studios with its ancillary and supporting users, including construction of staff quarters, restrooms, canteens, etc., subject to the following conditions :-


a) The minimum plot area (necessarily under one ownership) shall not be less than 2.0 ha.

 

b) The permissible FSI shall be 0.2 on gross plot area without payment of premium and up to 1.00 with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

 

xxxiii)  Tourist homes, Resorts, Hotels, Motels, Health and Wellness spas, Golf courses, Art and Craft villages, Exhibition cum Convention Centres, Camping-Caravanning and tent facilities, Adventure Tourism Projects, Eco-Tourism Projects, Agricultural Tourism Projects, Medical Tourism Projects, Boutique wineries, Guest houses and Bed and Breakfast scheme approved by MTDC / DoT etc., with Rooms / Suites, support areas for reception, kitchen, utility services etc., along with ancillary structures like covered parking, watchman's quarter, guard cabin, landscape elements, and if required, one observation tower per tourist resort upto the height of 15.0 m. with platform area up to 10 sq.m. in permanent / semi-permanent structural components. The permissible FSI shall be 0.2 on gross plot area without payment of premium and up to 1.00 with payment of premium at the rate of 20% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein.

 

xxxiv)  Tourist Resort Complexes may be permitted with the following conditions :-

 

A) General conditions - The minimum area of such site shall not be less than 1.00 Ha. and 0.4 Ha. in the case of local residents.

 

B) Condition for Development -

 

a)  Maximum permissible FSI in this zone shall be 0.25 of gross plot area without payment of premium and remaining up to 1.00 with payment of premium at the rate of 20% of land rate in Annual Statement of Rates of the said land without considering the guidelines therein.

 

b)  The uses, like resorts, Holiday camps, recreational activities, and amusement parks, may be permitted in this zone.

 

c)  If the site is located adjacent to forts, and archaeological and historical monuments, the development shall be governed by the rules prescribed by the archaeological department.

 

d)  If the site is located near natural lakes, then, development shall be governed by the following :-

 

Distance from High Flood Line (HFL) / Full Storage Level (FSL)Development to be allowed
Up to 100 m.Not permissible.
 
Above 100 m. to 300 m.Ground floor structure with a maximum height of 5.0 m.
Above 300 m. to 500 m.G + 1 storey structure with a a maximum height of 9.0 m.
Above 500 m.G + 1 storey structure with maximum height of 9.0 m. Within permissible FSI and subject to other regulations.

 

f) No subdivision of land shall be allowed.


g) The land should have an approach of a minimum of 9.0 m—wide road.


h) The land having a slope steeper than 1:5, shall not be eligible for development.

 

C) Infrastructural Facilities - All the infrastructural facilities required on site as specified by the Authority, shall be provided by the owner/developer at his own cost on the site. Proper arrangements for the treatment and disposal of sewage and solid waste shall be made. No untreated effluent shall be allowed to pass into any watercourse.

 

xxxv)  In the areas of Local Bodies and the area of SPA where a Development Plan or planning proposal is sanctioned, "Pradhan Mantri Awas Yojana" shall be permitted subject to the provisions of Regulation No.14.4.1.

 

xxxvi)  Individual house of size up to 150 sq.m. for entire holding mentioned in the single 7/12 extract, as of the date of coming into force of these regulations.

 

xxxvii)  Mining and quarrying subject to provisions of Regulation No. 15.1

 

xxxviii) In the area of Regional Plans (excluding the area of Local Bodies and SPA where a Development Plan or planning proposal is sanctioned), "Pradhan Mantri Awas Yojana" shall be permitted subject to the provisions of Regulation No.14.4.2.

 

xxxix) Development of Tourism and Hospitality Services under Community Nature Conservancy around wildlife sanctuaries and national parks shall be permitted as per Regulation No.14.9.

 

xxxx) Integrated Township Projects as per Regulation No.14.1.1.

 

xxxxi) Buildings for Three star and above category hotels along National / State Highways, MDR and on other roads not less than 18.0 m. in width, may be permitted with FSI 0.2 on gross area without payment of premium and remaining up to 1.00 with payment of premium at the rate of 20% of land rate in Annual Statement of Rates of the said land without considering the guidelines therein.

 

xxxxii) Bulk storage and sale of Kerosene subject to NOC of Chief Controller of Explosive, Government of India.

 

(1) xxxxiii) Development of housing for EWS / LIG as per Regulation No.7.7.


(1) xxxxiv) Development is permissible adjacent to Gaothan as specified in Regulation No.5.1.1.

 

 Notes :-

 

1)  The permissible FSI for uses mentioned above shall be 0.20, if not specified.

 

2) The height of the building shall be permissible as per regulation No.6.10, subject to FSI permissibility under this regulation.

 

3)  For the uses permissible in the Agricultural Zone, the minimum road width shall be 6.0 m. for non-special buildings, unless otherwise specified, and for special buildings shall be as per Regulation No.3.3.9.

 

4)  The premium for FSI (allowed with payment of the premium) shall be levied for FSI actually proposed in the permission.

 

5)  The payment to be recovered in the above cases shall be apportioned 50% - 50% between the Authority and the State Government, unless otherwise exempted by the Government by separate order.

 

6)  The payment to be recovered in the above cases may be exempted by the Government by separate order in case of deserving charitable institutions.

 

7)  No such premium shall be leviable in case of Government/Semi-Government or government-controlled bodies.

 

8)  Trees at the rate of 100/hectare shall be planted on the land, unless otherwise specified.

 

 

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 Public and Semi Public 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

 

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

For the construction of any building, there is a restriction of floor space to be used. It is called the 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. 6.2 Regulations For Outside Congested Area (Non-Congested Area)
 

6.2.1 Marginal Distances and Setbacks for Residential Buildings and Mixed Use with Height up to 15.0 m. or as mentioned in the Table No.6-D.

 

The provisions for minimum marginal distances, as given in Table No.6-D below, shall apply to the Residential buildings, Residential with mixed uses permissible in the Residential Zone, and Residential buildings permissible in other zones.

 

Table No. 6-D

Sr. NoDescription of the roadMin. Plot Size in sq.m.Min. width of the plot in metersMin. setback from the roadside in metersMin. side margins in metersMin. rear marg- ins in metersRemarks
12345678
1Roads of width 30.0 m. and above in local authority area.450156.0 in the case of A, B, and C class Municipal Corporations and 4.50 in the case of other areas.3.03.0Side and Rear Margins for building up to 15.0 m. height (excluding parking floor up to 6 m. height)
2In the case of the Regional Plan area. NH / SH450154.5 or as specified by Highway rules, whichever is more.3.03.0Side and Rear Margins for building up to 15.0 m. height (excluding parking floor up to 6.0 m. height)
3Roads of width 18.0 m. and above but below 30.0 m.250104.52.02.0Side and Rear Margins for building up to 10.0 m. height (excluding parking floor up to 6.0 m. height)
4Roads of width 15.0 m. and above but below 18.0 m200103.01.51.5Margins for buildings
G + 2 or stilt + 3 structure
5Roads of width less than 15.0 m.8063.0

1.5
(in the case of

semi-detached building, only one side marginal distance shall be permissible

1.5Margins for buildings
G + 2 or stilt + 3 structure
6

Row Housing

on roads of

12.0 m. and below

303.52.250.0
(In case of corner plot, 1.50 or building line of adjoining road, whichever is more)
1.5-- do --
7Row Housing for EWS / LIG / by public authority / private individual / Slum Upgradation, etc. by public authority203.00.9 from the pathway or 2.25 from the road boundary0.0
(In case of corner plot, 1.5 or building line of adjoining road, whichever is more)
0.9G + 1 or stilt + 2 structure only

 

Notes :-

 

(1)  The width of the road in the above table shall govern the requirements in columns 3 to 8.

 

(2)  In the case of Sr.No.1 to 6, structures having higher height may be permitted subject to marginal distance mentioned in Regulation No.6.2.3.

 

(3)  The minimum area of plots fronting on service roads along highways shall be with reference to the actual width of the service road.

 

(4)  For semi-detached buildings, the side margin shall be on one side only. Plots for semi-detached buildings shall be in pairs.

 

(5)  Row-housing plots at the junction of two roads shall be larger to maintain the setback from both roads. Not more than 12 and not less than 3 plots shall be allowed in each block of row housing. Each block shall be separated from the other by a 4.5 m. wide road/pathway or 4.5 m. side marginal distance within the plot or space, including side marginal distance of the plot.

 

(6)  No garage shall be permitted in a building having a stilt or basement provided for parking.

 

(7)  Construction of ottas, railings, barricades, or supporting columns for canopy or porch shall not be allowed in minimum front marginal distances. However, steps may be permitted within 1.2 m. from the building line. Also, supporting columns for the canopy or porch may be allowed within the building line.

 

(8)  In the case of Regional Plan areas, ribbon development rules shall not be relaxed without the consent of the Highway Authority.

 

(9)  In the case of special buildings, marginal distances shall be as per regulations for such buildings.

 

(10)  The plot width-to-depth ratio shall be 1 : 1.5 to 1 : 2.5, as far as possible in the plotted layout.

 

(11)  In Public Housing Schemes for E.W.S. undertaken by government or semi-government organizations, marginal distances shall be as per the respective schemes and rules.

 

(12)  The front setback set out in already approved and partially developed layouts/schemes, may be retained as per original approval, to maintain the building line.

 

(13)  The pattern of development, like semi-detached, row housing, etc., in the already approved layout shall be as per said approved layout.

 

(14)  Where commencement certificate is granted prior to publication of draft development plan or sanction of Development Plan and the plot gets affected by new road/road widening, proposed in the development plan, the front margin shall stand relaxed to that extent.

 

(15)  In case of redevelopment proposal affected by line of street up to 9.0 m. width under the Municipal Council or Municipal Corporation Act or development plan road of up to 9.0 m. width, the front margin shall stand relaxed to the extent of land affected by such proposal (1) subject to a minimum setback of 1.0 m. for roads having a width of 12.0 m. or less and 2.0 m. for roads having a width of more than 12.0 m., from the final line of the street.

 

(16)  Subsidiary structures such as garages (limited to one), outhouses, and independent sanitary blocks may be permitted only in plots having an area of 250 sq.m. or more.

 

(17)  Rear or side marginal distances for development along nallah or watercourses shall be subject to Regulation regarding “Sites Not Eligible for Construction of Building” and “Construction Within Flood Line”. (Chapter 3)

 

(18)  The plots which are substandard in area shall be developed as per marginal distances mentioned in the above table with reference to road width.

 

(19)  In case of plots having approach by dead-end road, (point access) front margin shall be limited to the width of point access.

 

(20) Building Line along classified roads, as mentioned in Regulation No.3.1.6, shall be applicable for residential buildings defined in Regulation No.1.3.93(i), and Control Line along classified roads shall be applicable for other uses or for commercial uses as mentioned in Regulation No.3.1.6 or for mixed-use buildings where non-residential uses are proposed at least 50% or more of total proposed built-up area.

 

Rule No. 6.2.2 Other Buildings

 

The Provision in respect of minimum road width, minimum marginal distances, etc., as given in Table No.6-E below, shall apply for different categories of other buildings.

 

Table No. 6. E

Sr. No

No

Type of building

Minimum road width requiredMinimum marginal distancesOther stipulations
12345
1.Medical buildings
 a) Hospital, Maternity Homes, Health Club, Clinics, etc., buildings not being special buildings9.0 m. in case of A, B, C class Municipal Corporation, Metropolitan Authority Area and 7.5 m. in case of other areas.Margins as per Table No.6-D subject to side marginal distance of the minimum 3.0 m.NIL
 b) Hospital, Maternity Homes, Health Clubs, etc. buildings under the category of special building.Road width as required for Special Buildings. (Regulation No.3.3.9)6.0 m. on all sidesHeight of the building is subject to provisions of the the Maharashtra Fire Prevention and Life Safety Measures Act 2006.
2.Educational buildings
 a) Pre-primary SchoolOn any road.Margins as per Table No.6-D

Other requirements shall be as mentioned in the Table No.7-A of Regulation No.7.1.

Height of the building is subject to provisions of the Maharashtra Fire Prevention and Life Safety Measures Act 2006.

 b) Primary School not being a special building.6.0 m.-- do --
 c) Other educational buildings are not special buildings.9.0 m.3.0 m. on all sides
 d) Any building of category a, b, c above being a special building.Road width as required for Special Buildings6.0 m. on all sides
3.Public-Semi Public Building
 a) The Public-Semi Public Building is not The heightThe height,a special building.9.0 m.Margins as per Table No.6-D subject to side marginal distance of a minimum of 3.0 m. 
 b) Public-Semi Public Building being a special buildingRoad width as required for Special Buildings6.0 m. on all sides 
4.Cinema Theatre
 Cinema Theatre / Drama Theatre / Assembly Hall / Multiplex / Shopping Malls12.0 m.Front - 12.0 m. (only on one major road). 6.0 m. on all remaining sides

i) In case of cities having a population more than 2.5 lakhs as per the latest census, redevelopment of existing cinema theatre on plots shall be allowed subject to the condition that at least 1/3rd of the existing seats shall be retained, which shall not be below 150 seats and may be developed in combination with user permissible in R-2 zone.

ii) For the redevelopment of the existing theatre, marginal distances, including the front margin as per these regulations shall not be insisted upon. Redevelopment shall be allowed as per existing setback distances. Parking areas required as per these regulations shall not be insisted on; however, existing parking areas shall be maintained.

iii) In cases where redevelopment of the existing Cinema Theatre is carried out on the same place with a capacity more than the existing capacity in the form of single or multiscreen cinemas, then the owner/developer shall be allowed FSI potential mentioned in columns 6 or 9, as the case may be, of Table No.6-G at the rate of 20% land rate mentioned in Annual Rates of Statement without considering guidelines therein, for the additional capacity.

iv) The existing Cinema Theatre shall be allowed to be relocated and constructed at some other place within a distance of 5 km. In such case, the original site shall be allowed to be developed as per uses permissible in the adjoining zone.

Construction of Cinema Theatre / Multiplex shall conform to the provisions of Maharashtra Cinema (Regulations) Rules, 1966, and as amended from time to time, except the provisions mentioned above.

v) For the redevelopment of a Cinema plot having an area less than 1000 Sq.m., and if redevelopment of existing cinema theatre on such plot is not possible considering the other requirements in these regulations, the condition of providing at least 1/3rdof the existing seats or minimum 150 seats for cinema theatre shall not be insisted. In such cases, users permissible in adjoining predominant zones shall be permissible with special permission of the sanctioning authority.

5. Mangal Karyalaya
 a) Mangal Karyalaya and like buildings not under the category of special buildings.Road width as required for R-2 zone.3.0 m. on all sides. 
 b) Mangal karyalaya and like buildings under the category of special buildings.

12.0 m.

 

6.0 m. on all sides. 
6. Fuel Stations
 Fuel Filling Stations / including Petrol / Ethanol / LPG / CNG etc., Public Charging Stations for Electric Vehicles with or without service bay9.0 m.4.5 m. on all sides

i) In case the plot is located on any Classified road in the Regional Plan area, the distance from the junction of roads as may be specified by the Indian Road Congress/ Ministry of Road, Transport and Highway, shall be followed. (IRC guideline 2009 and MORTH Letter No.RW/NH-33023/19/99-DOIII, Dated 25.09.2003 as amended from time to time)

ii) NOC from the Chief Controller of Explosives shall be necessary.

iii) In a plot of Fuel Filling Station, other buildings or composite buildings for sales offices, snack bars, restaurants, public conveniences, the or like activities may be permitted.

The FSI shall not exceed 0.25 and underground structures along with kiosks shall not be counted towards FSI.

7. Mercantile Buildings.
 a) Mercantile / Business / Hotel / Commercial building under the category of special buildings.Road width as required for Special Building.Front 6.0 m. Side & rear 6.0 m.

i) Shops may also face on side and rear of a plot.

ii) Minimum width and area of the Shop shall be as per the convenience of the owner/developer.

iii) In case of construction of shops/offices only on the ground floor (not being a special building) side and rear marginal distance shall be as per Table No.6-D.

 b) Mercantile / Business / Hotel / Commercial building not under the the category of special buildingsRoad width as required for R-2 zone.Margins as per Table No.6- D subject to side marginal distance of a minimum 3.0 m.
 c) Shopping is convenient in the R-1 zone.On any road.Margins as per Table No.6- D.-
8. Stadium   
 Stadium with Pavilion12.0 m.6.0 m. on all sidesThe covered portion of the spectator’s gallery shall not exceed 25% of the plot area, which shall not be counted towards FSI. Shops below the spectator’s gallery may be permitted which shall not be counted towards FSI. In addition to this, ancillary offices, sports person accommodations, and public convenience-like structures may also be permitted which shall not consume more than 0.10 FSI on the gross plot area.

 

Note :

 

i)  In case of plots fronting on National Highways, State Highways, and Major District Roads in the Regional Plan area, the building line shall be as per Ribbon Development Rules or as given in the accommodations above, whichever is more.

 

ii)  Side and rear marginal distances mentioned in the above Table shall be subject to Regulation No.6.2.3, whichever is more.

 

iii)  In the case of special buildings, marginal distances shall be as per regulations for special buildings.

 

iv)  A stadium should desirably accommodate 400 m. running track.

 

v)  For the above buildings, permissible FSI shall be as per Regulation No. 6.3, unless otherwise

specified above.

 

vi) Point access (approach by dead-end road) to a plot shall be considered for the minimum road

width requirement mentioned in the above table. In such a case, the front margin shall be applicable for

the width of the point access road.


vi) The provisions about Cinema Theatre in column 5 of Table No.6-E shall be applicable to

Cinema Theatres in congested areas also.

 

Rule No. 6.2.3 Marginal distances for buildings of heights more than mentioned in Table No.6-D of Regulation No.6.2.1

 

(a) Front Margin - The front margin shall be as given in Table No.6-D and shall be applicable to a building irrespective of its height.

 

Provided that, in the case of group housing schemes where the building abuts an internal road, the minimum is 3.0 m. set back from the internal road or distance between two buildings, whichever is more, shall be provided. For Development/Regional Plan roads or classified roads or through roads, passing through Group Housing Schemes, the setback as prescribed in these regulations shall be provided.

 

(b) Side or rear marginal distance - Side or rear marginal distance in relation to the height of the building for light and ventilation shall be as below :-

 

The marginal distance on all sides shall be as per Table No.6-D / Table No.6-E for building height or floors mentioned therein. For height, more than stipulated in Table No.6-D / Table No.6-E, the marginal distance on all sides, except the front side of a building, shall be a minimum H / 5 (Where H = Height of the building above ground level).

 

Provided that, such marginal distance shall be subject to a maximum of 12.0 m. from the plot boundary, and the distance between two buildings shall be (1) as per Regulation No.6.2.4.

 

Provided further that, in case of redevelopment of the building which has ceased to exist in consequence of accidental fire / natural collapse/demolition for the reason of the same having been declared dangerous or dilapidated or unsafe by or under a lawful order of the authority or building having an age of more than 30 years, such marginal distance may be allowed upto 6.0 m. for a height of building upto 45 m. For the redevelopment of smaller plots having an area less than 1000 sq.m., one of the side margins/rear margins of 6.0 m may be relaxed subject to Fire NOC in case of bonafide hardship.

 

Provided further that, such marginal distance from recreational open space shall be 3.0 m. in case of non-special buildings and 6.0 m. in case of special buildings, irrespective of its height.

 

Provided further that, the building height for the purposes of this regulation and for calculating the marginal distances shall be exclusive of the height of parking floors up to 6.0 m.

 

Provided further that, where rooms do not derive light and ventilation from the exterior open space, i.e., dead walls, such marginal distance may be reduced (1) to 6.0 m. in the case of a special buildings and 3.0 m. in the case of other buildings.

 

Provided further that the plot/land of the owner falls within the jurisdiction of more than one authority, then continuous building (without leaving a margin on the boundary of the authorities) may be allowed with the consent of the other Authorities.

 

(c) Provision for Step Margin :- Step margins may be allowed to be provided on upper floors to achieve required side or rear marginal distances as mentioned in these regulations subject to a minimum marginal distance of 6.0 m. on ground level in case of special building.

This provision shall also be applicable to congested areas.

 

Rule No. 6.2.4  In the cases of layouts of two or more buildings in a plot for any uses :-

 

Distance between two buildings :- The distance between two buildings shall be the side / rear marginal distance required for the taller building between the two adjoining buildings.

Provided that, the pathway / internal road may be allowed to be proposed in such marginal distance.

 

Rule No. 6.2.5

In the case of a group housing scheme where the building abuts on an internal road, the minimum is 3.0 m. set back from the internal road or distance between two buildings, whichever is more shall be provided. For Development plan road/Regional plan road or classified road or through road, passing through Group Housing Scheme, normal setback as prescribed in the regulations shall be provided.

 

Rule No. 6.2.6  Buildings Abutting Two or More Streets

When a Building abuts two or more streets, the setbacks from the streets shall be such as if the building is fronting on each of such streets.

 

 

Related Regulations to Rule No.6 - 

 

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

 

Regulations for Height of Building in UDCPR 2020?

 

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

 

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

 

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

 

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

 

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

 

Thane Municipal Corporation Area in UDCPR 2020

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. 10.2 Thane Municipal Corporation Area 

 

10.2.1 Development along Ram Maruti Road and Gokhale Road

 

i)  In the case of plots fronting on Ram Maruti Road, only the ground floor of the structure shall be set back by 3.05 m. from the road line and the rest of the floors shall be set back at a distance of 4.5 m. The front terrace so formed shall be allowed to be accessible.

 

ii)  In case of any plot fronting on Gokhale Road, from the portion between Ashok Talkies and its junction with M.G. Road, the ground floor of the building shall be set back by 2.3 m. from the road line and the upper floors shall be set back at a distance of 4.5 m. subject to the condition that the owner of the plot shall pave the front open space. The front terrace so formed shall be allowed to be accessible.

 

10.2.2 Setbacks from Eastern Express Highway and Roads more than 52.5 m. in width

 

No construction of building shall be undertaken within 7.5 m. from the boundary of the Eastern Express Highway and other roads having a prescribed width of more than 52.5 m.

 

10.2.3 a) Development of a Multi Storey Public Parking Lot (PPL) near Metro Stations

 

For the development of Multi-storied PPL on any plot abutting a road with a minimum width of 18.0 m., additional FSI ( hereinafter referred to as “Incentive FSI” ) as specified below on built-up parking area, created and handed over to the Thane Municipal Corporation (TMC) free of cost with amenities required for parking area as prescribed by the Commissioner such PPL shall be allowed, on the land belonging to a private owner/Leasehold plots of Govt. and TMC with prior consent, which is not reserved for any public purpose, subject to the conditions contained herein below :

 

I. The minimum area of the plot shall be 1000 sq.m. in sectors - 1, 2, 3 and 2000 sq.m. in remaining sectors. The minimum number of Motor Vehicle public parking spaces provided shall not be less than 50. The location of parking spaces can be in 2 level basement, ground floor or upper 2 floors maximum, with access through a ramp/lift or combination of both subject to clearance from the CFO with special emphasis on fire hazard.

 

II. A Committee under the Chairmanship of the Municipal Commissioner, TMC shall earmark/select the plots for public parking, on the basis of their suitability. 

 

The Committee shall comprise the following or their representatives 

(i) Metropolitan Commissioner, MMRDA

(ii) Dy. Commissioner of Police (Traffic)

(iii) Joint Director of Town Planning, Konkan Division

(iv) Assistant Director of Town Planning, TMC (Member Secretary)

 

III. The incentive FSI given on this account will be over and above the base FSI permissible under any other provisions of UDCPR. This incentive FSI shall be allowed to be used on the same plot in conformity with UDCPR/D.P, within the overall cap/limit of total maximum permissible FSI as given at (vii) below.

 

IV. The proposed development shall be subject to any other conditions prescribed by the Municipal Commissioner.

 

V. Concerned land owners/developers/society/company shall not be allowed to operate the public parking lot.

 

VI. The area covered under parking shall not be counted towards FSI consumption.

 

VII. The incentive FSI permissible under this Regulation against BUA of the PPL shall be 50% of the BUA of the PPL, such that the total permissible FSI including the incentive FSI under this Regulation does not exceed the limit as per Regulation 6.3.

 

VIII. The maximum cap on BUA per parking shall be 50 sq.m. for LMVs, 65 sq.m. for LCVs and 120 sq.m. for HMVs/Buses. Incentive FSI shall be calculated as per the BUA of the PPL, based on these norms or the actual BUA of the PPL, whichever is less.

 

IX. The developer of the PPL shall pay a ‘premium’, worked out as per the following formula :-

 

Premium = 60% of [Value of the additional BUA corresponding to the incentive FSI admissible under this Regulation, as per A.S.R. - (Cost of construction of PPL + cost of any extra amenities/facilities provided + cost of construction of BUA corresponding to the incentive F.S.I. admissible under this Regulation)]

 

For the purpose of calculating the premium as above, the cost of construction of PPL including amenities/facilities and the cost of construction of BUA corresponding to the Incentive FSI admissible under this Regulation shall be 75% and 125% respectively of the rate of RCC construction as per ASR.

 

X. The Premium shall be paid before the issuance of building permission for the incentive FSI admissible under this Regulation.

 

Upon Payment of 100% premium as aforesaid, building permission shall be issued in respect of 50% of incentive FSI. In no case, Incentive FSI be released without handing over of the PPL, complete in all respects, to TMC.

 

The year in which the premium is paid before the issuance of building permission for the PPL shall be taken as the year for determination of construction cost as well as ASR for calculation of the premium. Out of the total premium payable, 50% shall be paid to the GoM and the remaining 50% to TMC.

 

Provision of this Regulation may also be applicable to leasehold plots of Govt. and TMC with prior approval from the Government/Municipal Corporation.

 

XI. The land owner/developer /society/company shall hand over PPL with a separate entrance and exit for the dedicated use of TMC by way of a registered conveyance deed. Such PPL will not be part of the proposed society/apartment/owners association.

 

XII. The PPL shall not be permissible in combination with other regulations.

 

XIII. Public Parking shall be developed in independent buildings as far as possible, but it may be permissible in composite buildings subject to compliance with these regulations.

 

XIV. The Commissioner may hand over such PPL to any agency to transparent bidding procedures for its operations and maintenance upon such terms and conditions as deemed fit and proper. However, in any condition, such PPL shall not be allotted to concerned land owners/housing society/association of apartment owners of occupiers in the plot of PPL.

 

XV. No public parking lots shall generally be more than 500 vehicles. However, in exceptional cases, the Commissioner may permit PPL for 1000 vehicles for the reasons to be recorded in writing.

 

XVI. PPL connectivity to the nearest station of Local/Mono/Metro/BRTS etc. may also be insisted if the proposed PPL is within 250 m. by skywalk and underground connectivity within 100 m. These areas shall also be counted for giving incentive FSI and shall not be included in calculating the limits of vehicles.

 

XVII. For every sector Commissioner shall endeavour to evaluate the total need of PPL and shall cause it to be declared in the local newspaper within three months of promulgation of these regulations for every 5 years. Total PPL sanctioned in any sector shall not increase beyond that for the next 5 years. PPL shall be allowed only after studying traffic impact analysis of the area with the periphery of 250 m. of PPL.

 

10.2.4 Development around Hazardous Industries (Chemical Zone Areas)

 

a) Green Belt -


i) There shall be a green belt of 100 m. around the boundary of the Hazardous Chemical Industries as shown on the plan attached with the report of authority.


ii) The creation of the green belt, its development and maintenance as per the report of authority will be the responsibility of the Municipal Corporation.


iii) The cost of acquisition of land for the green belt, around the Hazardous Chemical Industries will be borne by the Industry/Industry Association. The private land owner will be given a Transfer of Development Rights based on FSI for the present land usage. The cost of acquisition to be borne by industry will be exclusive of the value of TDR.


iv) The existing authorised structures should be tolerated. However, only repairs to such existing structures should be allowed in future and no reconstruction or new construction should be allowed in the Green Belt.


v) Unauthorised structures should be removed or relocated by the Thane Municipal Corporation as per the existing Public Policy.


b) Creation of Low-Density Zone -


i) Beyond the Green Belt, another belt of 150 m. should be created as a "Low Density Zone" as shown on the plan, attached with the report of the Authority.


ii) The FSI in the Low Density Zone shall be 0.5 and only Ground plus two-storey structures should be allowed.


iii) The existing buildings if already authorised with the higher FSI and plan of the proposed building already approved by the Thane Municipal Corporation and Commencement Certificate have been given to such structure should be allowed to continue, be completed and occupied by the issuing Occupation Certificate. Where the plans have been approved by the Thane Municipal Corporation but commencement certificates have not been issued, they should be reviewed and the permission should be revised in accordance with the Low-Density Zone Regulation, now be prescribed.


iv) The development proposals in Low Density Zone shall be scrutinised and permission shall be granted as per these UDCPR.

 

c) Development between 250 and 1000 Meters -

 

The Development proposals beyond the area of 250 m. shall be scrutinised and permissions shall be granted as per these UDCPR.

 

d) Other Stipulations -

 

i) The original land under the Chemical Industry, which has been certified by the Director of Industries/Director of Industrial Safety and Health/Competent Authority as permanently closed or having shifted elsewhere shall be allowed to be developed as per the relevant provisions in the prevailing Development Control Regulations.

 

ii) Upon certification by the Director of Industries/Director of Industrial Safety and Health/Competent Authority that the Chemical Industry has been permanently closed or has shifted elsewhere, the 100 m. Green Belt and the further 150 m. the low-density belt around the plot boundary of such Chemical Industry shall suo-moto cease to exist.

 

10.2.5  Development around Air Force Stations

 

i)  As per Government of India, MoD, SRO.No.4, dated 13th January, 2010 which was published in Part - II, Section - 4 of Gazette Notification dated 23rd January, 2010. Air Force Station Thane falls within the 100 m. restriction zone. As per the notification, no construction should be permitted within the restricted zone of 100 m. from the outer parapet of the Air Force boundary. Similarly, live hedges, trees/rows or clumps of trees or orchards shall not be maintained, planted, added to or altered within the 100 m. restricted zone. The restriction is equally applicable for the construction of underground structures, wherein no digging and/or change in the level of ground is permitted within the notified zone.

 

ii)  Beyond the notified zone of 100 m., no restriction is required to be imposed as per the Works of Defence Act 1903 and no N.O.C. from Air Force Station, Thane is necessary.

 

10.2.6  Development Around Defence Establishment

 

Following restrictions are imposed in and around the land in the vicinity of the said unit as per the plan enclosed with Notification No.TPS-1203/1254/C.R.193/05/UD-12, Dt.30/12/2006.

Village : Kolshet / Kavesar / Waghbil (within the limit of Thane Corporation) Circle / Taluka : Thane, District : Thane, State: Maharashtra.


Height Restrictions :-

 

(a) The height restrictions to any of the future constructions on the North, North-West, West and South-West sides will be as follows :-

 

Sr. No.Height Limiting zones from unit boundary (Zones indicated by colours)Permissible height in metersRemarks
ARedNil

Unit Area

BBrownNil

Buffer Zone (No Dev. Zone)

COrange18-
DPink27-
ENavy Blue32-
FYellow46-
GViolet64-
HGreen84-

 

(b) The height restrictions to any of the future constructions on the North East, East and South- East -sides will be as follows :-

 

Sr. No.Height Limiting zones from unit boundary (Zones indicated by colours)Permissible height in metersRemarks
ARedNil

Unit Area

BBrownNil

Buffer Zone (No Dev. Zone) 

COrange15-
DPink20-
EYellow35-
FViolet40-
GSky Blue45-

 

Other Restrictions :- In addition to the above restrictions, the following general restrictions are also enforced :-


a) No high-tension power line up to 22 KV is to be set within 1500 meters from the unit boundary.


b) Open wires, overhead lines, and telephone cables are to be outside 500 meters from the unit boundary. However, UG cables. (below 5 meters) are permissible.


c) No rail line with electric traction is permitted within two kilometres of the unit.


d) Area within a kilometre radius from the unit boundary is to be clear of all metallic structures including bridges.


e) Ground water level is to remain constant. No efforts are to be made to change the electrical conductivity of the designated zone.


f) No industry/equipment, that generates any kind of RG noise, is permitted to operate within 1 km. Radius from the unit boundary.


10.2.7 Regulations for G-1 Zone (Yeur village Section - VII only)


The following uses shall be permitted in the G - 1 Zone.


The residential Buildings on the lands that are actually under cultivation and the holiday homes for weekend stays and the Rest Houses are subject to the following conditions :-


1) The plot to be permitted for such development shall be not less than 4000 sq.m. with the
maximum FSI of 0.025.


2) Each building is to be not more than ground plus one storey with a height not exceeding 9.75 m, including the height of the stilt portion if any, subject to a maximum built-up area of 100 sq.m. excluding stilt.


3) To permit Club House, open playgrounds and other recreational purposes as normally
permissible under green zones with permissible FSI as per these Regulations.


4) To insist on plantation at the rate of two fast-growing trees per 100 sq.m. of land under development.

 

10.2.8  Regulations for G - 3 Zone for Forest Area

 

No development of any sort shall be allowed in this zone except the project of the Forest Department. In case of pockets of private lands in G - 3 zone, development shall be permitted as per the provisions of Green Zone/as per the provisions of G - 1/G - 2 Zone subject to the concurrence of the Forest Department.

 

10.2.9

 

For the sake of Regulations No.1.3.74, No.1.3.93 (xiv)(i) and No.6.2.3(b) High Rise Building/Special Building means any multi-storied Residential Building, which is under redevelopment, and which is more than 25.0 m. in height above average surrounding ground level.

 

10.2.10 Redevelopment of Old Dilapidated/Dangerous Buildings

 

Reconstruction/Redevelopment in whole or in part of any building which has ceased to exist in consequence of accidental fire/natural collapse or demolition for the reasons of the same having been declared dangerous or dilapidated or unsafe by or under a lawful order of the Authority or building having age of more than 30 years, shall be allowed subject to following conditions.

 

Redevelopment of multi-dwelling buildings of society/Co-Operative Housing Societies/Apartments -

 

i)  The FSI allowed for redevelopment of such building shall be FSI permissible under Regulation No.6.1 or 6.3 including FSI on payment of premium and maximum permissible TDR loading as per Table 6-A or 6-G, or the FSI consumed by the existing authorized building including TDR, premium FSI etc., whichever is more. (Such TDR, Premium FSI etc. utilized in existing building shall be treated as a basic FSI for redevelopment.) In addition to this, incentive FSI to the extent of 50% of the existing authorized built-up area or 15 sq.m. per tenement, whichever is more, shall be allowed. Provided that in cases where the carpet area occupied by residential tenement in the existing building is less than the carpet area of 27.87 sq.m. then such tenement shall be entitled to a minimum carpet area of 27.87 sq.m. and the difference of these areas shall be allowed as additional FSI without any premium.

In the case of a non-residential occupier, the area to be given in the reconstructed building shall be equivalent to the area occupied in the old building.

 

Such incentive FSI shall not be applicable for the redevelopment of the existing bungalow.

 

ii)  This regulation shall be applicable only when existing members of the societies are

proposed to be re-accommodated.

 

iii)  If tenanted building/s and building/s of co-operative housing society/non-tenanted

building/s coexist on the plot under development, then proportionate land component as per the existing authorized built-up area of the existing tenanted building on the plot shall be developed as per Regulation No.7.6.2. and the remainder of the notional plot shall be developed as per this regulation.

 

iv)  Notes below Regulation No.7.6 shall be applicable to this regulation.

 

10.2.11  Height of Building Permissible for Re-development Proposals/SRA Proposals

 

For all re-development proposals and slum-rehabilitation schemes in the Municipal Corporation area, the building height is up to 70.0 m. shall be permissible on roads having a width between 9.0 to 12.0 m. subject to the minimum front margin as per these regulations or minimum 6.0 m., whichever is less and subject to the condition that such road shall be widened to 12.0 m. under the provisions of the Municipal Corporation Act, by prescribing line of street before granting occupation certificate to such buildings of re-development or slum-rehabilitation schemes. This shall be subject to Fire prevention, protection and life safety requirements and Fire N.O.C. from the Chief Fire Officer.

 

10.2.12 Podium


Podium for parking along with ramp may be permitted with a side and rear marginal distance of 1.5 m. from the plot boundary, subject to the following conditions :-

 

a) The top of the Podium shall be accessible for the Fire Engine by 7.5 m. Ramp with gradient 1 : 10.

 

b) Structural Stability Certificate regarding such Podium and Ramp shall be submitted with respect to standing Fire Engine over it & sustain the load of Fire Engine.

 

c) Minimum 6.0 m. marginal distances with the required turning circle over the Podium shall be provided for maneuvering of the Fire Engine.

 

Provided that, if the podium is not accessible for the Fire Engine then 6.0 m. marginal open space shall be provided all around the building excluding the front margin. The turning circle shall not be less than 9.0 m. The refuge area in such cases shall face facing front road and shall be connected to the Fire Tower as per Clause 2.24 of Part - 4 of NBC 2016.

 

d) Provisions mentioned in Regulation No.9.13 shall be applicable except (ii).

 

10.2.13

 

Front Marginal Distances/Set-back/Roadside margin/s in congested area - minimum front marginal distance for buildings under re-development proposal shall be 1.5 m. for roads having width 6.0 m. or more.

 

10.2.14 

 

Off-street parking requirement - For Redevelopment Projects in the Thane Municipal Corporation area, the multiplying factor for off-street parking requirement as per Regulation No.8.2.2 shall be 0.8.

 

10.2.15 

 

For Redevelopment of smaller plots having an area of up to 1500 sq.m. with multistoried buildings up to 24.0 m. height plus height of parking up to 6.0 m., side/rear margin of 6.0 m. shall be relaxed up to 3.0 m. subject to Fire N.O.C., in case of bonafide hardship and such building shall not be considered as special building.

 

(b) Other provisions mentioned in Regulation No.6.2.3 shall be applicable.

 

Related Regulations to Rule No. 10

 

Special Rules for Pune City 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

 

Kolhapur 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

 

Uses Permissible in Residential Zones R2 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 Residential Zone R-2 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. 4.4 Uses Permissible in Residential Zone R-2

 

 

(Residential Zone R-2 includes Residential plots abutting on roads having existing or proposed widths of 9.0 m. and above in congested areas and 12.0 m. and above in non-congested areas).


(In the case of C Class M.C.s, Nagar panchayats, and R.P. areas, the above road width of 12.0 m. shall be 9.0 m. in non-congested areas).


4.4.1 In this zone, the following uses, mixed uses may be permitted


i) All uses permissible in R-1 shall be permitted in the R-2 zone, without any restriction of area.


ii) All uses or mix uses may be permitted irrespective of restriction on floor or area, except uses mentioned at Regulation No.4.8(ii), 4.11(viii, xviii, xxi, xxii, xxxi, xxxvii), 4.21 and like.


iii) All Uses permissible in a Public Semi-public Zone.


4.4.2 Uses Permitted in Independent Premises /Buildings


i) Vehicle Fuel filling Stations, including LPG / CNG / Ethanol with or without service stations, subject to provisions of Regulation No.4.11(vi)(c, d, and e) and subject to provisions in Regulation No.6.2.2., Sr.No.6 of Table 6-E. (This station may include Electric Vehicle Charging Stations).


ii) Trade or other similar schools.


iii) LPG godown, bulk storage, and sale of kerosene are subject to NOC of the Chief Controller of Explosives, Government of India.


iv) Service Industries :- The Service Industries may be permitted in independent buildings/Plot as given below :-


a) The Following Industries may be permitted with power requirement not more than 10 H.P., employment not more than 9 persons and floor area not exceeding 100 sq.m.


(I) FOOD PRODUCT


i) Manufacture of milk and dairy products such as butter, ghee, etc.

 

ii) (a) Rice huller


(b) Groundnut decorticators


(c) Grain Mill for production of flour


(d) Manufacture of supari and Masala grindings

 

(e) Baby oil expellers


iii) Manufacture of bakery products with no Floor above

 

iv) Coffee, curing, roasting, and grinding


v) Manufacture of Ice


vi) Sugarcane crushing & Fruit Juice

 

(II) BEVERAGES & TOBACCO


i) Manufacture of bidi ( May be permitted in R-1 Zone also)

 

(III) TEXTILE & TEXTILE PRODUCTS

 

i)  Handloom/power-loom of yarn for a maximum of 4 looms

 

ii)  Embroidery & making of crape laces & fringes

 

iii)  Manufacture of all types of textile garments, including wearing apparel

 

iv)  Manufacture of made-up textile goods such as curtains, mosquito nets, mattresses, bedding material pillowcases, and textile bags, etc.

 

(IV) WOOD PRODUCTS AND FURNITURE

 

Manufacture of wooden furniture and fixtures

 

(V)  PAPER PRODUCTS AND PRINTING PUBLISHING

 

i)  Manufacture of cartons and boxes from papers and paper board, paper pulp

 

ii)  Printing & Publishing newspaper

 

iii)  Engraving etching, block making, etc.

 

iv)  Bookbinding (may be permitted in R-1 Zone also)

 

(VI)  LEATHER PRODUCTS

 

Repair of footwear and other leather

 

(VII) RUBBER AND PLASTIC

 

i) Re-treading and vulcanizing works

 

ii) Manufacture of rubber balloons, hand gloves, and allied products

 

(VIII) METAL PRODUCTS

 

i) Manufacture of metal building components such as grills, gates, Doors and window frames, water tanks, wire nets, etc.

 

ii) Tool sharpening and razor sharpening works

 

(IX)  ELECTRICAL GOODS

 

Repairs of household electrical appliances such as radio sets. Television sets, tape recorders, heaters, irons, shavers, vacuum cleaners, refrigerators, air-conditioners, washing machines, electric cooking ranges, motor rewinding works, etc.

 

(X)  TRANSPORT EQUIPMENT

 

i) Manufacturing of pushcarts, hand carts, etc.

 

ii) (a) Servicing and repairing of bicycles, rickshaws, motorcycles and motor Vehicles

 

(b) Battery charging and repairs

 

(XI) OTHER MANUFACTURING AND REPAIR INDUSTRIES AND SERVICES

 

i)  Manufacture of jewellery and related articles

 

ii)  Repair of watch, clock, and jewellery

 

iii)  Manufacture of Musical instruments and its repair

 

iv) (a) Repairs of locks, stoves, umbrellas, sewing machines, gas burners, buckets & other sundry household equipment

 

     (b) Optical glass grinding and repairs

 

v)  Petrol / CNG / Ethanol / All fuel filling / Electric Vehicle Charging Stations) subject to provisions in Regulation No.6.2.2., Sr.No.6 of Table 6-E

 

vi)  Laundries, Laundry service and cleaning, dyeing, bleaching and dry cleaning

 

vii)  Photo processing laboratories

 

viii)  Electronic Industry of assembly type (and not of manufacturing type including heating load)

 

(XII) Manufacture of structural stone goods, stone dressing, stone crushing and polishing, Manufacture of earthen & plaster states and images, toys and art wares, and Manufacture of cement concrete building components, concrete jallies, septic tank, plaster of paris work lime mortar, etc.

 

b) Following service industries may be permitted without restrictions mentioned in (a) above.

 

(I) FOOD PRODUCT

 

Canning & preservation of Fruits & Vegetables, Meat, and Fish, including production of Jam, Jelly, Sauce, etc.

 

(II) PAPER PRODUCTS AND PRINTING PUBLISHING

 

Printing & Publishing periodicals, books, journals, atlases, maps, envelopes, printing pictures, post-card, embossing

 

 

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 Public and Semi Public 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 R1 in UDCPR 2020