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Terminology used in Building Bylaws

 

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

 

FSI (Floor Space Index)

 

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

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

 

Open Space

 

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

 

Amenity space

 

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

 

Paid FSI (Fungible FSI)

 

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

 

TDR (Transferable development rights)

 

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

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

 

Road Widening

 

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

 

Carpet area

 

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

 

Built up Area

 

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

 

Conveyance Deed

 

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

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

 

 

Building Control Line

 

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

 

Non Agriculture (NA)

 

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

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

 

Side Margin

 

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

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

 

Ready Reckoner Rate

 

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

 

R zone (Residential)

 

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

 

You can check all Types of Land zone

 

Residential zones – R1 / R2

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

 

Grant or Refusal of Permission in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate as per mentioned in the UDCPR 

 

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 limits of the 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. 2.6 Grant or Refusal of Permission

 

2.6.1 General

 

i) After receipt of the notice/application as mentioned in Regulation No.2.2.1 above, the Authority may either sanction or refuse the plans or may sanction them with such modifications or directions as it may deem necessary after having recovered the necessary charges/fees. It thereupon shall communicate its decision to the person giving the notice in the prescribed form given in Appendix D1/D2/D3 and E1/E2, as the case may be.

 

ii) In the case of special buildings, the building scheme shall also be subject to the scrutiny of the Chief Fire Officer of the Local / Planning Authority or Director of Fire Services, as the case may be, and the sanction development permission shall be issued by the Authority after the clearance from him.

 

iii) In the case of land subdivision or plotted layout, a tentative layout shall be recommended for demarcation at the first instance. After having demarcated the layout, the owner shall submit the layout as measured by the Land Records Department for final approval to the Authority. The Authority shall examine and grant final approval to the measured layout if it conforms to the regulations and is broadly in accordance with the tentative layout without any departures of a substantial nature. This shall also be mandatory for Group Housing Schemes where roads in the adjoining layouts / Development Plan roads/Regional Plan roads are to be coordinated and/or amenity space/s are to be earmarked.

 

iv)  After the plan has been scrutinized and objections have been pointed out, the owner giving notice shall modify the plan, comply with the objections raised and resubmit it. The prints of plans submitted for final approval, shall not contain superimposed corrections. The authority shall grant or refuse the commencement certificate/building permit within 60 days from the date of resubmission. No new objections may generally be raised when they are resubmitted after compliance with earlier objections, except in circumstances to be quoted for additional compliances.

 

v)  After the development permission is granted by the Authority, it shall be displayed alongwith the plans on the website of the Authority, wherever such website is available.

 

2.6.2 Deemed Permission

 

If within sixty (60) days of receipt of the notice, along with necessary permission fees under the regulations, the Authority fails to intimate in writing to the person, who has given the notice; of its refusal or sanction or sanction with such modifications or directions, the notice with its plan and statements shall be deemed to have been sanctioned, provided nothing shall be construed to authorize any person to do anything on the site of the work in contravention or against the terms of lease or titles of the land.

 

Provided that, the development proposal, for which the permission was applied, is strictly in conformity with the requirements of these regulations or regulations framed in this behalf under any law for the time being in force and the same in no way violates either provisions of any draft or final Development Regional Plan/Planning Proposal or proposals published by means of notice, submitted for sanction under the Act. Provided further that any development carried out in pursuance of such deemed permission which is in contravention of the above provisions, shall be deemed to be an unauthorized development for purposes of Section 52 to 57 of the Maharashtra Regional and Town Planning Act, 1966 and other relevant Acts.

 

Provided further that, upon receipt of intimation of any claim for deemed permission the Authority shall within fifteen days from the date of receipt of such claim, communicate its remarks, if any, regarding deemed permission to the applicant, failing which, the proposal shall be approved and commencement certificate along with one set of duly approved plans for proposed development shall be issued to the applicant within fifteen days thereafter.

 

Provided further that, a necessary explanation shall be called from the concerned officers of the Planning Authority for not processing and disposing of the proposal within 60 days and necessary action as per relevant provisions of the Act/Rules shall be initiated against the defaulter officer.

 

2.6.3 Approval of Building Permission on Risk-Based Classification

 

Notwithstanding Anything contained in this UDCPR, the approval to the Low or Moderate-risk category of constructions shall be governed as per the procedure given in Appendix - K.

 

2.6.4 Display of Sanctioned Permissions on the Authority's Website.

 

After sanctioning development permission, the authority shall make available all plans relating to such permission on its website, if available. Such documents shall be kept on the website till one month from the date of issuance of the last occupation certificate.

 

Related Regulations to Rule No. 2- 

 

You can visit our other blog on Regulation 2 through the below-mentioned links:

 

Commencement of Work in UDCPR 2020

 

Various Regulations in Chapter 2 in UDCPR 2020

 

Procedure During Construction in UDCPR 2020

 

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

 

Discretionary Powers Interpretation in UDCPR 2020

 

Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate in UDCPR 2020

 

Permission from the Planning Authority is Mandatory in UDCPR 2020

 

Grey Water Recyling And Reuse in UDCPR 2020

UDCPR 2020 Chapter 13 is all about the Special Provisions for Certain Buildings as per mentioned in the UDCPR 

 

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

 

Rule No. 13.4 Grey Water Recycling And Reuse

 

Grey Water - This refers to wastewater from bathrooms, sinks, showers, wash areas, etc.

 

Applicability - These Regulations shall be applicable to all Developments/Redevelopments/part Developments for the uses as mentioned under Regulation No.13.4.1 to 13.4.6 and shall have the provision for treatment, recycling, and reuse of Grey Water. The applicant shall along with his application for obtaining necessary layout approval / building permission shall submit a plan showing the location of Grey Water Treatment Plant, furnishing details of calculations, implementation, etc. This Plan shall accompany with the applicant’s commitment to monitor the system periodically from the date of occupation of the respective building.

 

13.4.1 For Layout Approval/Building Permission

 

i)  In case of Residential layouts, area admeasuring 10000 sq.m. or more, in addition to 10% open space, prescribed in the bye- laws, a separate space for Grey Water Treatment and Recycling Plant should be proposed in the layout. This may be proposed in amenity space as per Regulation No.3.5.

 

ii)  On the layout Plan, all Drainage lines, Chambers, Plumbing lines should be marked in different colour and submit the layout for approval to the Authority.

 

iii) The recycled water shall be used for gardening, car washing, toilet flushing, irrigation, etc. and in no case for drinking, bathing, washing utensils, clothes etc.

 

iv) A clause must be included by the owner/developer in the purchase agreement that the purchaser, owner of the premises/organization or society of the purchasers shall ensure that :

 

a) The recycled water is tested every six months either in a municipal laboratory or in the laboratory approved by the Authority or by State Government and the result of which shall be made accessible to the competent authority / EHO of the respective ward office.

 

b) Any recommendation from the testing laboratory for any form of corrective measures that are needed to be adopted shall be compiled. Copy of any such recommendation and necessary action taken shall also be sent by the testing laboratories to the Competent Authority / EHO of respective Wards.

 

c) Maintenance of the Recycling Plant should be done by the Developer or Housing Society or Owner.

 

13.4.2 Group Housing/Apartment Building

 

In the case of a Group Housing scheme or a multi-storeyed building having 100 or more tenements, Grey Water Recycling Plant as mentioned in Regulation No.13.4.1 above, should be constructed. In the case of EWS/LIG tenements, this shall be provided for tenements of 150 or more.

 

13.4.3 Educational, Industrial, Commercial, Government, Semi-Government Organizations, Hotels, Lodgings, etc.

 

For all above buildings having built-up area of 1500 sq.m. or more or if water consumption is 20,000 litre per day whichever is minimum, then provision for Grey Water Treatment Plant as mentioned in Regulation No.13.4.1 is applicable.

 

13.4.4 Hospitals

 

Those Hospitals having 40 or more beds, Grey Water Recycling Plant as mentioned in Regulation No.13.4.1 is applicable.

 

13.4.5 Vehicle Servicing Garages

 

All Vehicle servicing garages shall ensure that the Grey water generated through the washing of vehicles is treated and recycled back for the same use as mentioned in Regulation No.13.4.1.

 

13.4.6 Other Hazardous uses

 

All other Establishments/Buildings where chances of Waste Water generated containing harmful chemicals, and toxins are likely and where such water cannot be directly led into municipal sewers, the concerned Competent Authority may direct the Owners, and users of such Establishments and buildings to treat their Waste Water as per the directions laid in Regulation No.13.4.1.

 

13.4.7 Incentive

 

The Owner/Developer/Society setting up and agreeing to periodically maintain such Grey Water Treatment and Recycling Plant entirely through their own expenditure shall be eligible for an incentive in the form of fiscal benefits in Property Tax to the extent of 5% to Tenement holder/Society.

 

13.4.8 Penalty Clause

 

Any person/Owner/Developer/Organization/Society violating the provisions of these bye-laws, he shall be fined Rs.2,500/- on the day of detection and if the violation continues, then he shall be fined Rs.100/- for every day as concrete action after written Notice from Authority.

 

If any person/Owner/Developer/Organization/Society fails to operate as determined by the Authorised Officer of the Authority and from the observations of test results and/or physical verification) the Recycling plant, then he will be charged a penalty of Rs.300/- per day and disconnection of the Water connection also.

 

Related Regulations

 

You can visit our other blogs related to Regulations 13 through the below-mentioned links:

 

Rain Water Harvesting in UDCPR 2020

 

Provisions for Barrier-Free Access in UDCPR 2020

 

Installation of Solar Assisted Water Heating (SWH) System, Roof Top Photovoltaic (RTPV) System in UDCPR 2020

 

Solid Waste Management in UDCPR 2020

 

Bhiwandi Surrounding Notified 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. 10.13 Bhiwandi Surrounding Notified Area 

 

10.13.1 Regulations for Affordable Housing Scheme:

 

1. In order to promote the construction of affordable housing stock on private lands, the Planning Authority may permit the implementation of the Affordable Housing Scheme in accordance with the provisions of these Regulations. Affordable Housing Scheme (hereinafter referred to as 'the Scheme') shall be permissible only on the lands situated within the limits of the Bhiwandi Surrounding Notified Area in the Mumbai Metropolitan Region (MMR).

 

2. (i) Affordable Housing Scheme shall be permissible in the Residential Zone/Affordable Housing Zone shown on the Development Plan only and on plots having access from an existing or proposed Development Plan Road having width equal to or in excess of 18.0 m., or an existing road in respect of which Regular Line of Street has been declared under the relevant provisions of Maharashtra Municipal Corporation Act, Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 for a width of 18.0 m. or more, provided permissible FSI on such plots is 0.95 or more and TDR/additional FSI on payment of premium more than 0.6 is allowable. However, in the case of a proposed road, the land under the said proposed road shall be acquired before the approval of building plans for the Affordable Housing Scheme. Affordable Housing Schemes shall not be allowed in areas where FSI is less than 0.95 or where the use of TDR is not permissible.

 

(ii) Minimum plot area for the Affordable Housing Scheme shall be 4000 sq. mt. excluding area under D.P. Roads and D.P. Reservations, if any.

 

(iii) The plot under the Scheme shall be independent, unencumbered, and contiguous.

 

(iv) The Scheme shall not be permissible in congested areas, demarcated as such on the Development Plan.

 

3. The Special Planning Authority for Bhiwandi Surrounding Notified Area shall be competent to grant both location clearance and layout approval/building permission for an Affordable Housing Scheme.

 

4. (i) Maximum permissible FSI (including the base FSI of 1.00) under the Scheme shall be 3.00 on the gross plot area, including mandatory layout recreational open space and Amenity Space. The FSI to be utilized shall be in the proportion of 1:3 for the Affordable Housing Component and the Free Sale Housing Component on 1/4th and 3/4th part of the land respectively. Thus, affordable housing and free sale housing shall be proposed on the same plot of land but in two separate, independently buildable pockets. For lands in Affordable Housing Zones, the owner/developer may be allowed to develop the land as per the Rules of the Affordable Housing Policy with the proviso that the free sale to Affordable Housing FSI ratio will be 1.8:1 instead of 1.66:1 and the maximum FSI will be 2.5. Or

 

The owner/developer may be allowed to develop the land as permissible in the Residential Zone as per prevailing Development Control Regulation subject to the condition that the area of tenements to be constructed with the entire potential of the land, shall be of Affordable Housing Scheme. However, if the provisions of inclusive housing stipulated in UDCPR are applicable to this area then, it shall also be made applicable to such land.

 

(ii) Under the Affordable Housing Scheme, up to 15% of the total built-up area of the Affordable Housing Component may be used for the construction of shops/commercial use as per the direction of the Special Planning Authority for Bhiwandi Surrounding Notified Area and such commercial built-up area shall be handed over to the Special Planning Authority for Bhiwandi Surrounding Notified Area free of cost.

 

5. (i) An Affordable Housing Unit shall be a self-contained dwelling unit of 25 sq. mt, carpet area, However the carpet area of a Housing Unit shall be 160 sq.ft., where the construction under the Rental Housing Scheme has already commenced.

 

(ii) The amenity space for Affordable Housing shall be 10% of the gross plot area under the Scheme and it shall be proportionately provided in the area earmarked for the Affordable Housing Component and the Area kept for the Free Sale Housing Component.

 

Provided that where the Scheme is to be implemented on a plot in an Industrial Zone where the Planning Authority has duly permitted Residential users under the relevant provisions of the Development Control Regulations :-

 

No further area shall be required to be kept as amenity space under Regulation 5(ii) for the Scheme if the area prescribed to be kept as amenity space while permitting residential users in the Industrial zone is equal to or more than 10% of the gross plot area.

 

only the balance area shall be required to be kept as amenity space under Regulation 5(ii) for the Scheme if the area of amenity space prescribed by the Planning Authority, while permitting residential users in the Industrial zone, falls short of 10%.

 

(iii) Notwithstanding anything contained in the relevant provisions of the Development Control Regulations of Amenity Space in general, and also regarding permitting Residential User in Industrial Zone, it shall be obligatory on the Developer/Owner to develop the amenity space for users (hereinafter referred to as prescribed amenity users) such as School, Play Ground, Garden, Health Care Facilities, Multipurpose Hall, Auditorium, etc. with the approval of Chief Executive Officer of Special Planning Authority, as per the specifications prescribed by the said Authority, subject to the condition that at least 50% of such amenity space shall be kept for open users, before seeking Occupancy Certificate for the Free Sale Housing Component of the Scheme, failing which the land under such amenity space shall be handed over free of cost to the Planning Authority and such land shall be developed by the Chief Executive Officer of Special Planning Authority for the aforesaid prescribed amenity users only.

 

No compensation in the form of TDR shall be admissible to the Owner/Developer for

development of such prescribed amenities under this Regulation.


(iv) Irrespective of whether the Owner/Developer develops the prescribed amenity users as

per the provision of Clause (iii) above or fails to do so, the process of handing over the land under such amenity space, along with the developed prescribed amenities, where such prescribed amenities have been developed, shall be completed within one month from the date of application by the Developer / Owner for seeking Occupancy Certificate for the free sale Housing Component of the Scheme and if such handing over process is not completed within the said period, the occupancy Certificate for the free sale Housing Component of the Scheme shall be withheld by the Chief Executive Officer of Special Planning Authority, till such amenity space, along with developed prescribed amenities, where such prescribed amenities have been developed, is handed over to the Planning Authority.

 

(v) Under the Affordable Housing Scheme, there shall be a welfare hall and a Balwadi at the rate of 30 sq.m. for every multiple or part of 200 residential units and an office for Managers/Co-operative Housing Society at the rate of 30 sq.m. per every multiple or part of 500 residential units which shall be treated as a part of Affordable Housing Component and shall not be counted towards the FSI while computing 3.00 FSI on the site and shall be given along with layout / DP roads and shops, free of cost to the Special Planning Authority for Bhiwandi Surrounding Notified Area. These facilities shall be constructed at locations as suggested by the Special Planning Authority for Bhiwandi Surrounding Notified Area and shall be transferred free of cost to it.

 

6. Under the Affordable Housing Scheme, Off-Site Infrastructure Charges at the rate of 5% of the land rate as given in the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration, Maharashtra State, for the year in which Commencement Certificate is issued, subject to a minimum of Rs.2000 per sq.m., shall be paid by the Developer for the built-up area, over and above the normal permissible FSI. This amount shall be paid to the Special Planning Authority for Bhiwandi Surrounding Notified Area. Release of FSI under the Scheme shall be as follows :-

 

7. Release of FSI under the Scheme shall be as follows :-

 

FSI for Affordable Housing Component and the Free Sale Housing Component under the Scheme shall be released in accordance with the following Table :-

 

Sr. No.Stages of Release FSIcompleting

Affordable Housing

Component*

Free Sale Component*
1On Grant of Building Permission / Commencement Certificate up to plinth by 1.1-L- B Special Planning Authority for Bhiwandi Surrounding Notified Area / Planning Authority to the Affordable Housing Project.3.001.00
2On Completion of 50% BUA of Affordable Component-0.75
3On Completion of 100% BUA of Affordable Component-0.75
4On handing over of 25% of the land and completed Affordable Housing Component buildings with an Occupancy Certificate.-0.50
 Total3.003.00

 

Explanation - The FSI of 3.00 is to be calculated on one-fourth of the plot area for the Affordable Housing Component as well as three-fourths of the plot area for the Free-Sale Housing Component.

 

8. The Affordable Housing Component under the Scheme shall be handed over along with the 1/4th part of the total plot of land, free of cost to the Special Planning Authority for Bhiwandi Surrounding Notified Area.

 

9. (i) The affordable Housing stock created under the Scheme shall be allotted by the Special Planning Authority for Bhiwandi Surrounding Notified Area as follows :-

 

PercentageAllotment toCategory of stockRate of Allotment
25Special Planning Authority for Bhiwandi Surrounding Notified Area for use as PAP tenements or Staff Quarters or Transit Accommodation,OwnershipFree of Cost
25Outright sale to Govt. of Maharashtra and its statutory bodies/Govt. undertakings for use as PAP tenements or staff quarters or Transit Accommodation.OwnershipAs per the Construction rate of ASR
50Outright sale as affordable housing by MHADA is subject to the general or specific directions of the Government. An outrightOwnershipFree of Cost to MHADA which shall dispose of the same as per its pricing policy and by draw of lots

 

(ii) The Affordable Housing stock shall be disposed of as per the prevailing policy of MHADA regarding pricing and disposal of its housing stock meant for affordable housing. Each Project approved under the Scheme Shall be brought to the notice of the Government of Maharashtra and its statutory bodies/Government undertakings by means of Press Advertisement. If the Government of Maharashtra or any of its statutory bodies/Government Undertakings doesn't place a firm requirement for the housing stock earmarked for them in the Scheme before the Completion Certificate/Occupation Certificate for the said Scheme is issued, the same shall come to the share of MHADA for outright sale as per the Prevailing Policy of the MHADA.

 

10. (i) The other aspects of the Development of Affordable Housing Scheme, not specifically dealt with hereinabove, shall be as per the relevant provisions of the Development Control Regulations of the respective Planning Authority.

 

(ii) It shall also be permissible for the Developer/Owner to utilize the FSI available for Free Sale Housing Component, fully/partly for any other user otherwise permissible as per the Development Plan and Development Control Regulations.

 

(iii) In case, owing to genuine hardship and site conditions, relaxation in marginal open spaces is sought by the Developer/Owner, the Chief Executive Officer of the Special Planning Authority may consider such request, using his discretionary powers under the Development Control Regulations, subject to the condition that in no case shall the clear marginal open space reduced below 6.0 m. No premium shall be charged for granting such relaxation in marginal open space in respect of the Affordable Housing Component of the Scheme.

 

11. No project under the Rental Housing Scheme envisaged under the said directives issued by the Government vide orders dated 6th August, 2008, 25th August, 2009, 4th November, 2008 and August 2008 shall be permitted after the date on which the Notice No.TPS-1212/ 79/CR-60/12/ UD-12, Dated 30th November, 2013 regarding this Regulation Under section 37(1AA) of the Maharashtra Regional and Town Planning Act, 1066 was published in the official (hereinafter referred to as 'the cut cat date')

 

Provided that the Rental Housing Projects in respect of which Location Clearance had been granted by MMRDA, but Commencement Certificate has not been issued by the concerned planning Authority, shall be allowed to continue, as such, in case such project proposals are resubmitted to MMRDA within a period of 31 days from the date of this Notification in the Official Gazette. All such project proposals received by MMRDA within the prescribed time limit shall be scrutinized by MMRDA on merit and to be submitted for the prior approval of the State Government for their continuance under the Rental Housing Scheme.

 

Provided further that the Rental Housing Projects already approved may be allowed to be converted into Affordable Housing Projects under the provisions of this Regulation, with prior approval of the State Government.

 

Related Regulations to Rule No. 10

 

Special Rules for Pune City in UDCPR 2020

 

Thane Municipal Corporation Area in UDCPR 2020

 

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

 

Nashik Municipal Corporation in UDCPR 2020

 

Vasai Virar City Municipal Corporation in UDCPR 2020

 

Kolhapur Municipal Corporation in UDCPR 2020

 

Navi Mumbai Municipal Corporation in UDCPR 2020

 

CIDCO Area Excluding Naina Area in UDCPR 2020

 

Development of Housing for EWS and LIG in UDCPR 2020

 

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

 

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

 

Rule No. 7.7 Development of Housing for EWS/LIG

 

7.7.1 In Residential Zone -

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

7.7.2 In Agricultural Zone -

 

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

 

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

 

7.7.3 For Regional Plan Area -

 

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

 

Related Regulations to Rule No. 7

 

Rule No. 7.0 in UDCPR 2020

 

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

 

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

 

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

 

Redevelopment of Existing Buildings in UDCPR 2020

 

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

 

Regulation for Development of Biotechnology Parks in UDCPR 2020

 

Incentive for Green Buildings in UDCPR 2020

 

Buildings of Smart Fin Tech Centre in UDCPR 2020

 

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