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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

 

Recreational Open Spaces in UDCPR 2020

There are general regulations about any construction permissible on land and no piece of land shall be used as a site for the construction of a building if the site is not eligible for it.

 

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


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

 

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

 

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

 

Rule No. 3.4 Recreational Open Spaces

 

3.4.1 Recreational Open Space

 

Open space is the space left for recreational activities for the user of the plot. It remains part of the same land under the ownership of the society.

 

Generally, we have to leave 10% of the total plot are for any building or layout permission. Depending upon by-laws smaller plots, gunthewari plots, N.A., plots do not require an open-space area.

 

In any layout or subdivision or any development of land for any land use/zone admeasuring 0.4 ha. or more (after deducting area under D.P./R.P. road, D.P. Reservation including deemed reservation under these regulations, if any, from the total area under development), 10% of the area under layout shall be earmarked as recreational open space which shall, as far as possible, be provided in one place. In case of land admeasuring more than 0.8 ha, such recreational open space may be allowed to be earmarked at different locations in the same layout, provided that the size and other dimensions conform to the provisions herein below. However, the owner shall be at liberty to provide recreational open space of more than 10%.

 

i) The above-mentioned area of 0.4 ha., shall be measured with reference to the original holding as of 11th January 1967 and not with reference to sub-divided holding in revenue/city survey record thereafter without the permission under the Maharashtra Regional & Town Planning Act, 1966. However, this provision shall not be applicable to plots compulsorily got subdivided below 0.4 ha. Due to the D.P./ R.P. Roads/Road widening/reservations/deemed reservations or any other proposal of the Authority.

 

For the lands which are sub-divided after 11th January, 1967 without taking prior permission from the Authority and having plot area below 0.4 ha., the applicant may opt for any of the options from:-

 

a)  providing 10% open space subject to a minimum of 200 sq.m., or

 

b)  availing the reduced FSI of 75% of the basic FSI as otherwise permissible on such land. In such cases, loading of TDR shall be permissible to the extent of 50%, as mentioned in Chapter 6 on General Building Requirements - SETBACK, MARGINAL DISTANCE, HEIGHT, AND PERMISSIBLE FSI.

 

c)  avail full basic FSI and other permissible FSI/TDR by paying 10% of the value of the land under the proposal as per the Annual Statement of Rates for that year, without considering the guidelines therein.

 

(ii) For the plots having an area up to 0.4 ha. regularised under the Maharashtra Gunthewari Development (Regularisation, Upgradation, and Control) Act, 2001, no such open space shall be required for the development permission. However, for plots having an area of 0.4 ha. or more regularised under this Act, all the provisions of UDCPR, including Recreational Open Space and amenity space, shall be applicable.

 

Not more than 50% of such recreational open space may be provided on the terrace of a podium in a congested /non-congested area subject to Regulation No.9.13.

 

 

(iii) Notwithstanding anything contained in the definition of “Recreational Open Space” in these regulations, such recreational open space to the extent of 100% may be allowed to be provided on the terrace of a podium if owner/developer provides 1.5 m. a strip of land along plot boundary, exclusive of marginal distances, for plantation of trees.

 

(iv) In case of lands declared surplus or retainable under the Urban Land (C. & R.) Act, 1976, if the entire retainable holding or entire surplus holding independently admeasures 0.4 ha or more, then 10% recreational open space shall be necessary for respective holding.

 

(v) Such recreational open space shall also be necessary for group housing schemes or campus/cluster planning for any use/zone.

 

(vi)  Such open space shall not be necessary:-

 

a)  in cases of layout or subdivision of plots from a layout already sanctioned by the Authority, irrespective of the percentage of open space left therein.

 

b)  for the development of the reservations in the Development Plans designated for the purpose other than residential.

 

c) for the uses other than Residential, Industrial, and Educational permissible in the Agricultural zone.

 

(vii) In the case of the development of land for educational purposes, in lieu of 10% recreational open space, the following percentage of the gross area (or as decided by the Government from time to time), excluding the area under Development/Regional Plan road and Development Plan reservations, shall be earmarked for playground. Notwithstanding anything contained in this regulation, the shape and location of such open space shall be such that it can be properly used as a playground. The area of such playground shall not be deducted for computation of FSI. The independent playground of the institution attached with the school building shall also be entitled to the computation of FSI.

 

Provided that, in case of area more than 1.0 ha. such area to be earmarked for playground shall be as under:-

 

Sr. No.Gross Area of LandPercentage of Playground
1Upto 1 ha.40%
2Above 1 ha. and up to 2 ha.area as per 1 + 35% of the remaining area
3Above 2 ha. and up to 3 ha.area as per 2 + 30% of the remaining area
4Above 3 ha. and upto 4 ha.area as per 3 + 25% of the remaining area
5Above 4 ha.area as per 4 + 20% of the remaining area

 

Provided further that, in cases where space for such playground is not available because of development permissions already granted by the Authority for education purposes and work is completed, such space for playground may not be insisted.

 

viii) Such recreational open space shall not be entirely proposed in marginal distances/setbacks, or a major part of it shall not be proposed in marginal distances/setbacks. However, such recreational open space, bigger than marginal distances and confirming to Regulation No.3.4.6, may include part of marginal distances/set back area, if such recreational open space is proposed adjoining to plot boundary.

 

 

3.4.2 Recreational Open Space - Owner’s Undertaking

 

The owner shall give an undertaking that the recreational open space shall be for the common use of all the residents or occupants of the layout/building unit.

 

i) On sanction of the development permission, the recreational open space shall be deemed to have been vested in the society/association of the residents/occupants of the layout/building unit except as specified otherwise. In case such society or association is yet to be formed, the owner shall give an undertaking to the Authority at the time of occupation certificate in case of Group Housing Scheme and at the time of final approval in case of plotted layout, that he will transfer the recreational open space at a nominal cost of Re.1/- to the society/association whenever it is formed. The recreational open space shall not be sold/leased out/allotted/transferred for any purpose, to any other person, and it shall not be put to any other use except for the common use of society/association of the residents/ occupants as mentioned in Regulation No.3.4.7.

 

ii) If the Authority is convinced that, either the owner has failed to abide by the undertaking or such open space is being used in violation of the provisions as prescribed in these regulations, then the Authority shall take over possession of such land of recreational open space for maintaining it for the uses permissible in these regulations, subject to condition that it shall not be further handed over or allotted to any person/institute/authority other than the society/association of the residents/occupants.

 

Provided that, it shall not bar the return of the possession of such open space to the original society/association of plot owners, after taking due undertaking to that effect.

 

Provided further that the cost incurred by the Planning Authority on maintenance of such Recreational Open Space shall be recovered as arrears of dues to the Authority from the owner/society/association of the residents/occupants till reversion of the possession.

 

3.4.3 Recreational Open Space - Rearrangement

 

No permission shall be granted to delete/reduce open spaces of the existing sanctioned layout/subdivision. However, while revising the layout, such recreational open space may be rearranged without a decrease in area subject to the minimum prescribed area under these Regulations with the consent of plot/tenement holders / co-owners, but such revision of recreational open space shall ordinarily not be allowed after a period of 4 years from 1st final sanction. However, such revision of open spaces may be allowed after 4 years also, where plots in the layout are not sold or transferred.

 

3.4.4 Recreational Open Space - Exclusive

 

The open spaces shall be exclusive of means of access/internal roads/designations or reservations, roads, and areas for road widening in the Development Plan/Regional Plan.

 

3.4.5 Recreational Open Space in Green Belt

 

Such recreational open space may be allowed to be earmarked, partly or fully, in the green belt area shown on the Development Plan after leaving a distance of 15.0 m. from the river and 9.0 m. from nallah, provided, such recreational space is sizable as required under these regulations. Provided that, the only use and structures permissible under Regulation No.4.11 on Land Use Classification and Permissible Uses on Agriculture Zone in respect of Green belt, may be permitted in such open space.

 

3.4.6 Minimum Dimensions

 

The minimum dimension of such recreational open space shall not be less than 10.0 m. and if the average width of such recreational open space is less than 20 m., the length thereof shall not exceed 2 1⁄2 times the average width.

 

3.4.7 Structures Permitted in Open Space

 

If required, structure and uses that can be permitted without counting in FSI in the recreational open spaces shall be as under:-

 

i) There may be a maximum two storeyed structures with a maximum 15% built-up area of recreational open space, out of which, built-up area on the ground floor shall not exceed 10%. In case of stilt, additional floors may be allowed.

 

ii)  The structures used for the purpose of the pavilion, gymnasia, fitness center, clubhouse, vipassana, and yoga center, crèche, kindergarten, library, or other structures for the purpose of sports and recreational activity (indoor or outdoor stadiums, etc., as per availability of area) may be permitted. Utilities such as water tanks (underground or elevated), electric substations, generator sets, pump houses, garbage treatment, and public health outposts/centers may be permitted only with the consent of the society of residents. Religious structure may be allowed with the permission of competent Authority as decided by the Government from time to time.

 

iii)  No detached toilet block shall be permitted.

 

iv)  A swimming pool may also be permitted in such a recreational open space. The ownership of such structures and other appurtenant users shall vest in all the owners on account of whose cumulative holdings the recreational open space is required to be kept in the land.

 

v)  The proposal for the construction of such structure should come as a proposal from the owner/s, owners’ society/societies, or federation of owners’ societies and shall be meant for the beneficial use of the owners/ members of such society/societies/federation of societies.

 

vi)  The remaining area of the recreational open space shall be kept open to the sky and properly accessible to all members as a place of recreation, garden, or a playground.

 

vii)  The owners’ society/societies, the federation of the owners’ societies shall submit to the Authority, a registered undertaking agreeing to the conditions in (v) & (vi) above while obtaining permission for the above said construction.

 

3.4.8 Recreational Open Space and Means of Access

 

Every plot meant for a recreational open space shall have an independent means of access. In the case of a group housing scheme, if such recreational open space is surrounded by or located along buildings and is meant for use by the occupants of those buildings, then independent means of access may not be insisted upon.

 

Related Regulations to Rule No. 3 - 

 

You can visit our other blogs related to Regulations 3 through the below-mentioned links:

 

Provision for Amenity Space in UDCPR 2020

 

Minimum Plot Area for Various Uses in UDCPR 2020

 

Provision for Inclusive Housing in UDCPR 2020

 

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

 

Rules for Railway Line, River, Electric Line, Airport, Nallah in UDCPR 2020

 

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

 

Special Rules for Nagpur City and Nagpur Metropolitan Region Development Authority 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. 10.3 Nagpur Municipal Corporation 

 

The following regulations shall be applicable.

 

10.3.1  Buildings in Commercial Zone :

 

(a) In Non-congested areas:

 

FSI for buildings outside congested areas in the commercial zone - the basic FSI permissible shall be 2.00 for commercial cum residential use or purely residential use and 2.50 for purely commercial use.

 

(b) In Congested areas:

 

The permissible FSI for commercial use shall be 1.50 for the plots fronting on the road having a width less than 9.0 m. and 2.00 for the plots fronting on the road having a width of 9.0 m. or more.

 

10.3.2  Buildings in the Industrial Zone

 

a) In congested areas, the permissible FSI for industrial use shall be 1.00.


b) In non-congested areas, the permissible FSI for industrial use shall be 2.5.

 

10.3.3 I to R provisions - 

 

Allowing Residential/Commercial uses in the Industrial Zone.


The Regulation No.4.8.1 in these regulations shall be applicable to Nagpur Municipal.

Corporation area with the following modifications.

 

i)  Any open land or lands of closed Industrial unit/ units in the Industrial Zone (Excluding the leased out plots by NIT/NMC) may be permitted to be utilized for all the users permissible in the Residential zone with permissible FSI in the Residential Zone, subject to payment of premium to be paid equal to 15% of the rate of developed land as given in the Annual Statement of Rates published by IGR every year.

 

However, for the Industrial Plots leased out by the Planning Authority, (NIT/NMC) while granting I to R permission on these plots, FSI of 2.5 for purely commercial use and 2.00 for Mix use shall be permissible subject to payment of premium at the rate of 15% for Residential and 20% for Commercial use. Premium charges shall be as per the rate of developed lands as given in the Annual Statement of Rates published by IGR every year.

 

ii)  Provisions of Regulation No.4.8.1(b)(iv) shall not be applicable where the Industrial layout has already been approved, and where in amenity space has already been provided in the approved layout.

 

10.3.4

 

For Plots admeasuring 1000 sq.m. and above (including amalgamated plots) in Residential zones, basic FSI shall be 1.25, in congested and non-congested areas, irrespective of road width. In cases covered in Regulation No.10.3.1 and 10.3.4 maximum building potential on the plot including in-situ FSI shall remain the same, as in Tables 6-A and 6-G. However, the owner shall be at liberty to avail, the difference of potential if any, out of column 4 or/and 5.

 

Rule No. 10.15 Certail Regulations Cease to Operate in Future

 

The Regulation No. 10.3.1, 10.3.2, 10.3.4, shall cease to operate on 1st Jan, 2022 or as decided by the Government from time to time and thereafter provisions of these regulations shall apply.

 

However, in the case of redevelopment projects, the Regulation No.10.1.1 shall continue in effect until 01st Jan, 2026. 

 

Rule No. 10.4 Nagpur Metropolitan Region Development Authority

 

10.4.1 Development along Ring Road:

 

250 m. Residential Zone/Residential Belt proposed along the 60 m. wide Outer Ring Road as a corridor development is sanctioned, subject to payment of premium. The development in this 250 m. corridor is permitted on payment of premium as decided by the Government on the total area of land under development or building permission. Such premium shall be deposited with the concerned Authority.

 

10.4.2  Special Regulations for the Improvement Schemes:

 

The improvement schemes by Public participation which are sanctioned by the Government under the provisions of the Nagpur Improvement Act, 1936, and which come under the jurisdiction of the NMA area shall be valid and continue to be valid for the said purpose under the said Act. The Special Development Control Regulations for these schemes shall be as mentioned below :-

 

Any changes/Modifications/Amendments in the details layout or in the master plan shall be carried out by the Metropolitan Commissioner at his own level. However, the Public Amenity/Public Utility Areas and their percentage as per the original sanction shall not be changed while making Modifications/Amendments to the Schemes.

 

i)  Improvement Scheme - The scheme is prepared under the NIT Act, 1936 for the notified area and is duly approved by the State Government and which is now included in the NMRDA area.

 

ii)  Original Plot - A plot consisting of nearby khasras calculated as a single record in a village that is under the same ownership and has the same tenure status as defined in the respective 7/12 documents of the khasras.

 

iii) Final Plot - The plot that is reconstituted or reshaped from the Original Plot within a draft/sanctioned Improvement Scheme in a manner appropriate for development and given access from the public right of way. The Final Plots are reconstituted as per the relevant regulations/Acts as Final plots for Authorities share and owners share.

 

iv) Owner - An owner is a person who has legal title to land or building. The definition also includes :-

 

a) An agent or trustee who receives the rent on behalf of the owner.

 

b) An agent or trustee who receives the rent of a or is entrusted with or is concerned with any building devoted to religious or charitable purposes.

 

c) A receiver, executor or administrator, or a manager appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of the owner; and

 

d) A mortgage in possession.

 

v) Permissible FSI For Final Plot -

 

i) The Metropolitan Commissioner may allow the owner to develop the final plot in possession of the owner subject to handing over to the Planning Authorities share as an independent plot free of cost as per norms prescribed by the Metropolitan Commissioner.

 

ii)  The owner shall thereafter be entitled to develop his final plot for the uses permissible in the adjoining zone as per the DCPR with full permissible FSI of the entire Plot along with Additional FSI / TDR potential permissible for his Final plot share as per Chapter No.6 of this DCPR .

 

iii)  The Metropolitan Commissioner shall develop the Final Plot in his possession (Authorities Share) for the purpose for which the scheme is sanctioned. This plot shall be entitled to be developed as per potential permissible for Authorities' Final plot share as per Chapter No.6 of this UDCPR.

 

vi) Net Plot area for Computation of FSI - For the purpose of computing FSI/Built-up area, the net area of the plot shall be as defined in these regulations.

 

vii) Special Regulations For Inclusive Housing - The provision regarding inclusive housing in the development proposal shall be not made applicable in the Improvement scheme if the Final Plot in the possession of the Authority is to be designed and developed for the purpose of any affordable housing scheme.

 

viii) Height of Building - The maximum height of the building for all users shall be as per Chapter No.6 of this UDCPR.

 

ix) Amenities Space - If the Amenity space has already been provided in the scheme at the time of approval of scheme/layout, in such cases, the amenity space as required under this UDCPR shall not be insisted.

 

x) Land Use Permissible - All land uses mentioned in this UDCPR shall be permissible in the Improvement Schemes.

 

xi) Development Charges - The Development charges shall be recovered as mentioned in these regulations.

 

xii) Power to Authority - For the smooth implementation of the schemes, the Metropolitan Commissioner with the Approval of the Authority, makes/amends the rule in consistent with the relevant Act and Regulations assigned to it with prior approval of by the Government.

 

xiii) UDCPR - All regulations of UDCPR shall apply except the above special regulations.

 

10.4.3

 

The following regulation shall be applicable only for the reference of Regulation No.25.6 (xxxx) mentioned in the notification of sanctioning the Development Plan of Nagpur Metropolitan Region Development Authority.

 

In the Agriculture zone, Residential use shall be allowed subject to the following conditions -

 

a)  Minimum area of land shall be 15.0 hectares.

 

b)  Land shall front on a minimum of 12.0 m. wide existing road.

 

c)  Permissible FSI/TDR shall be as that of the Residential zone.

 

d)  The offsite infrastructure like road, water supply, and sewerage treatment plant having zero discharge shall be developed by the land owner at his own cost, unless this infrastructure is provided by the Authority.

 

e)  10% of the entire holding area shall be handed over to the Authority free of cost, without any FSI/TDR, and free of all encumbrances for sale by the Authority for residential, commercial, or industrial use depending upon the nature of development. This 10% area shall be over and above recreational open space and amenity space to be provided as per regulation. This 10% area shall front on a minimum of 12.0 m. wide road.

 

f)  Premium on the gross area at the rate of 5% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein shall be paid to the Authority.

 

10.4.4

 

The following regulation shall be applicable only for the reference of Regulation No.25.6 (xxxxiii) mentioned in the notification of sanctioning the Development Plan of Nagpur Metropolitan Region Development Authority.

 

Development permission around the periphery of the Gaothan boundary -

 

Development permission around the periphery of the Gaothan boundary shall be allowed as per the Regulation mentioned as below. This regulation shall be applicable only to the Rural center and rural area. (excluding nine urban center areas) Regulation for residential zones and other regulations shall be applicable.

 

The peripheral residential area shown along the Gaothan village is deleted and land thereunder is included in the Agriculture Zone. The development along the periphery of the Gaothan shall be allowed subject to the following :

 

a) In the villages in Rural areas/Rural centers excluding the area under nine urban centers, Residential Development or development allowed in the Residential Zone, may be permitted within the periphery of the Gaothan boundary as per the criteria given below. The regulations in respect of residential zones specified in these UDCPR shall be applicable.

 

Sr. No.Category of Village (Populations as per latest census)Development allowed from the Gaothan boundary category
1Up to 5000750 m.
2Above 50001000 m.

 

Such development may be permitted on payment of a premium of the total area of land. Such premium shall be calculated considering the 15% rate of the said land as prescribed in the Annual Statement of Rates of the year granting such developments. Such premium shall be deposited in the concerned Authority.

 

Provided that, where more than 50% of the area of the Survey Number/Gat Number is covered within the above peripheral distance then the remaining whole of such Survey Number/Gat Number within one ownership shall be considered for development on payment of premium as above.

 

Provided further that, the premium charges shall be recovered at the time of tentative approval of the Development permission. Where tentative development permission is already granted before publication of this Development Plan and final approval is yet to be granted, then in such cases premium charges shall not be recovered at the time of final approval.

 

Provided further that, such payment of premium shall not be applicable in cases where development permission is already granted or layout is already approved by the authority before the publication of the Development Plan. Such premium shall also be not applicable for revision of such already approved permissions.

 

However, such development should not be permitted on lands that deserve preservation or protection from Environmental considerations viz. Hills and Hills tops, and within the required Buffer Zone/Prohibited Zone from rivers, lakes, and reservoirs of minor and major projects of the water resource department.

 

Related Regulations to Rule No. 10

 

Special Rules for Pune City in UDCPR 2020

 

Thane Municipal Corporation Area 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

 

Projections allowed in Front and Side Margin as per 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 the Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

 

Rule No. 6.7 PERMISSIBLE PROJECTIONS IN MARGINAL OPEN SPACES/DISTANCES

 

The following projections shall be permissible in marginal open spaces :-

 

(a) Projections into Marginal Open Spaces :- Every open space provided, either interior or exterior, shall be kept free from any erection thereon and shall be open to the sky, and no cornice, chajja, roof, or weather shade more than 0.75 m. wide shall overhang or project over the said marginal open spaces so as to reduce the width to less than the minimum required. However, sloping / horizontal chajja provided over balcony/gallery, etc., may be permitted up to balcony projections at a horizontal level.

 

(b) Balconies - as specified in Regulation No.9.14


(c) Ledge for Air conditioning unit as specified in Regulation No.9.5.


(d) A canopy or porch not exceeding 5 m.in length and 2.5 m. in width in the form of a cantilever and unenclosed over the main and subsidiary entrances providing a minimum clear height of 2.4 m. below the beam bottom of the canopy. The canopy shall not have access from the upper floors (above floors), for use as a sitting out place. There shall be a minimum clearance of 1.5 m, between the plot boundaries and canopy.

Provided that more than one canopy may be permitted in the case of special buildings as per requirement.

 

(e) A projection of a maximum of 30 cm. on the rooftop terrace level may be allowed throughout the periphery of the building. In case of pitched roof projection of a maximum of 45 cm. at rooftop level throughout the periphery of the building shall be allowed.

 

(f) Accessory buildings :- The following accessory buildings may be permitted in the marginal open spaces :-

 

i)  In an existing building where a toilet is not provided, a single-storeyed toilet subject to a maximum area of 4.0 sq.m. in the rear or side open space and at a distance of 7.5 m. from the road line or the front boundary and 1.5 m. from other boundaries may be permissible. The Authority may reduce 1.5 m. margin in exceptional cases to avoid hardship.

 

ii ) Parking lock-up garage not exceeding 2.4 m. in height shall be permissible in the rear corner of an independent bungalow plot. Parking lock-up garage, when attached to a main building, shall be 7.5 m. away from the road line and shall be of such construction capable of giving fire resistance of 2 hours. The area of the sanitary block and parking lock-up garage shall be taken into account for the calculation of FSI.

 

iii)  Underground suction tanks, soak pits, and wet and dry garbage separately with collection chambers, space required for fire hydrants, electrical and water fittings, underground water tanks, dustbins, etc.

 

iv)  One watchman's cabin/booth not more than 6 sq.m. in built-up area having a minimum width or diameter of 1.80 m. Cabin/booth may be allowed at every entrance and/or exit.

 

Note :- When a building abuts three or more roads, the above-mentioned uses, except (iv), shall be permissible in front setback facing a smaller road of less importance from a traffic point of view.

 

(g)  Ramp for basement in side and rear marginal distances subject to provisions under Regulation No.9.12.

 

(h)  Fire escape staircase of single flight not less than 1.2 m. width excluding the marginal distance required for special buildings.

 

(i)  Staircase mid-landing of 1.2 m. width with a clear minimum headroom of 2.1 m. below the mid-landing. However, the clear distance from the edge of the landing to the plot boundary shall not be less than 1.8 m. in the case of non-special buildings and 6.0 m. in the case of special buildings.

 

(j)  Architectural projections - Architectural projections as specified in Regulations No.9.30.

 

(k)  Construction of ottas, railings, barricades, or supporting columns for canopy or porch shall not be permitted within the minimum required front marginal distances. However, steps or steps along with otta may be permitted to project up to 1.2 m. from the building line.

 

(l)  Cupboard as specified in regulation No.9.6.

 

 

Related Regulations to Rule No.6 - 

 

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

 

What are the Regulations for Height of Building in UDCPR 2020

 

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

 

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

 

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

 

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

 

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

 

Structural Safety, Water Supply, Drainage and Sanitary Requirements, Outdoor Display and Other Services in UDCPR 2020

UDCPR 2020 Chapter 12 is all about the Structural Safety, Water supply, Drainage, and Sanitary Requirements, Outdoor Display, And Other Services in Development Plans 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. 12.1 Structural Design

 

The structural design of foundations, elements made of masonry, timber, plain concrete; reinforced concrete, pre-stressed concrete, and structural steel shall be carried out in accordance with Part 6. Structural Design Section-1 - Loads, courses and Effects, Section 2 - Soils and Foundation, Section 3 - Timber and Bamboo, Section 4 - Masonry, Section 5 - Concrete, Section 6 - Steel, Section 7 - Prefabrication, Systems Building and mixed/composite construction of National Building Code of India, amended from time to time. Proposed construction shall be as per the norms as specified by the Bureau of Indian Standards, for the resistance of earthquake, Fire Safety, and natural calamities. A certificate to that effect shall be submitted by the Licensed Structural Engineer of the developer/land owner, along with the proposal for development permission, as prescribed in these Regulations.

 

Related Regulations

 

You can visit our other blogs related to Regulations 12 through the below-mentioned links

 

Drainage and Sanitation Requirements in UDCPR 2020

 

Water Supply, Drainage, and Sanitary Requirements in UDCPR 2020

 

Alternatives Materials, Methods of Design & Construction, and Tests in UDCPR 2020

 

Building Services in UDCPR 2020

 

Quality of Materials and Workmanship in UDCPR 2020

 

Signs and Outdoor Display Structures in UDCPR 2020

 

Vasai Virar City Municipal Corporation 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. 10.6 Vasai Virar City Municipal Corporation

 

The following regulations shall be applicable for the low-intensity development areas in the Vasai Virar City Municipal Corporation.


The basic and total permissible FSI with DR/TDR on the plot shall be as under :-

 

Table No.10-A

Sr. No.Land use ZoneBase FSIAdditional FSI on payment of premiumAdmissible TDR including Road widening FSI if anyMaximum permissible FSI
1Low-Density Residential Zone0.30.2--0.5

 

Rule No. 10.7 Mira Bhayandar Municipal Corporation

 

10.7.1 Uses Permissible in Agriculture Zone

 

The lands along 45.0 m., 30.0 m. wide roads up to a depth of 30.0 m. may be developed for residential purposes on condition that the owner should provide infrastructural facilities such as a septic tank, drainage, water supply, etc. at his own cost.

 

10.7.2  Manori - Gorai - Uttan Notified Area

 

Special Development Control Regulations sanctioned for the Manori -Gorai-Uttan Notified Area as amended from time to time shall be applicable for the development/redevelopment in the said notified area being a special Tourism Development Plan sanctioned for this notified area.

 

Rule No. 10.8 Ulhasnagar City Municipal Corporation

 

Regulations of unauthorized development in Ulhasnagar City Municipal Corporation shall be governed by the Regularisation of Unauthorised Developments in the City of Ulhasnagar Act, 2006.

 

Rule No. 10.11 National Park and Tungareshwar Eco-Sensitive Zone

 

10.11.1 Development around National Park and Tungareshwar Eco-sensitive Zone

 

The restrictions imposed by the Ministry of Environment, Forests and Climate Change for the Eco-sensitive Zone declared around Sanjay Gandhi National Park and Tungareshwar Eco-sensitive Zone shall be applicable as amended from time to time in addition to these Regulations.

 

Rule No. 10.12 Maharashtra Airport Development Company Notified Area

 

10.12.1

 

In the areas notified for Maharashtra Airport Development Company as Planning Authority/Special Planning Authority, the following additional regulation shall be applicable.

The basic FSI permissible for development in Airport and allied activities/services, Special Economic Zone, Mix Use Zone, and Public-Semi-Public Zone shall be 1.50.

 

Related Regulations to Rule No. 10

 

Special Rules for Pune City in UDCPR 2020

 

Thane Municipal Corporation Area in UDCPR 2020

 

Special Rules for Nagpur City and Nagpur Metropolitan Region Development Authority in UDCPR 2020

 

Nashik Municipal Corporation in UDCPR 2020

 

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