UDCPR has a Unified rule, which means that instead of having numerous regulations for every city/region in the state, it is better to have a single rule for all cities in Maharashtra.

But due to some geological conditions or some other restrictions, the regulations may vary a bit for some regions in Maharastra. 

For Example, the Coastal Region, Hilly Region, Densely Populated Region, and Gaothan can't have the same type of rules, and the rules differ according to it.

UDCPR 2020 Chapter 5 is all about Additional Provisions for Regional Plan Areas.

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. 5.2 For Thane - Raigad - Palghar Regional Plan

Development around Tarapur Atomic Power Station in Tarapur - Boisar Area

5.2.1

The development within the area of a 5km to 16 km radius of Tarapur Atomic Power Station shall be governed by the following regulations.

Rule No. 5.2.1.1  Provisions mentioned in Regulation No.6.23 shall be applicable with the following changes-

Side and Rear Marginal Distances for the building of Height more than mentioned in Table No.6-D/6-E of Regulation No.6.2.1 and 6.2.2 :- The marginal distances on all sides, except the front side, of the building shall be a minimum of 6.0 m. or H / 5, whichever is more.

(Where H = Height of building above ground level) Provisions mentioned in Regulation No.6.2.4 shall be applicable

Rule No. 5.2.1.2  Provisions mentioned in Regulation No.6.10 shall be applicable with the following changes :- Distance between Two Buildings :- 

The distance between the two buildings shall be 6.0 m. or H/5 of the taller building between the two adjoining buildings, whichever is more. (Where H - Height of building above ground level)

Rule No. 5.2.1.3  Provisions mentioned in Regulation No.6.10 shall be applicable with the following changes :- Height of Building :-

The maximum permissible height of the building, including the parking floor, shall be 24.0 m.

5.2.1.4  Permissible FSI -

a) Provisions mentioned in Regulation No.6.1 and 6.3 shall be applicable with the following changes :-

The permissible Basic Floor Space Index shall be 1.10. In to basic permissible FSI, 0.30 FSI shall be permissible on payment of premium.

If the land is affected by the proposed road or road widening and if the owner hand over the land under such proposed road or road widening of very said plot, free of cost and free from all encumbrances, to the Authority, such FSI can be used instead of FSI on payment of the premium to the maximum extent of 0.30 or 0.30 FSI over and above. 1 Basic FSI may be allowed to be utilized partly from road widening FSI of the very said plot and partly from premium FSI.

Provided that, the above provision of FSI shall also be permissible for earlier sanctioned proposals within the limits of maximum permissible FSI of 0.75 or 1.00, as the case may be, subject to the marginal distances and Distance between Two buildings as prescribed above.

b) Provisions mentioned in Regulation No.7.7.2 shall be applicable with the following changes :- Development of Housing for EWS/LIG - proposed in Agriculture Zone as per Regulation No.7.7.2 - FSI permissible shall be 1.0.

c) Provisions mentioned in Regulation No.4.11 shall be applicable with the following changes :- FSI for users permissible in the Agriculture Zone shall not exceed the FSI as prescribed in Regulation No.4.11.

However, if FSI on payment of premium is permissible over and above the FSI allowed without payment of premium to a certain user in Regulation No.4.11, then the maximum FSI on payment of premium for such user shall be permissible to the extent of such permissible FSI on payment of premium or 0.40, whichever is minimum.

d) Provisions mentioned in Regulation No.6.4 shall be applicable with the following changes :- The permissible basic Floor Space Index shall be 1.00. In addition to the basic permissible FSI, 0.40 FSI shall be permissible on payment of premium.

e) Provisions mentioned in Regulation No.6.1 and 6.4 shall be applicable with the following changes :- Notwithstanding anything mentioned in various provisions of Unified Development Control and Promotion Regulation, Ancillary FSI shall not be permissible in this area.

5.2.1.5 

Excepting the Regulation mentioned above, all other Regulations in the Unified Development Control and Promotion Regulation shall be applicable for the area.

Related Regulations to Rule No. 5 - 

You can visit our other blogs related to Regulations 5 through the below-mentioned links:

Additional Rules for Regional Plan Area than Basic UDCPR Rules in UDCPR 2020

Additional Regulation for Ratnagiri in UDCPR 2020

Additional Regulations for Kolhapur in UDCPR 2020

Additional Regulations for Satara in UDCPR 2020

Additional Regulations for Hingoli, Buldhana, Washim, Yavatmal, Nanded Regional Plan in UDCPR 2020

Additional Regulations for Raigad in UDCPR 2020

Additional Regulations for Solapur in UDCPR in 2020

Additional Regulations for Pune in UDCPR 2020

Additional Regulations in Aurangabad in UDCPR 2020

UDCPR 2020 Chapter 9 is all about the Requirements of Part of the Building 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. 9.27 Provision of Lift 

9.27.1  Planning and Design

At least one lift shall be provided in every building that is more than 15 m in height. In the case of buildings more than 24 m. height, at least two lifts shall be provided. However, in the case of a proposal to add one additional floor to an existing building with a lift, it will not be necessary to raise the existing lift to the additional floor.

For buildings or floors of the building to be constructed for Retirement Homes or Senior Citizen Housing, a lift shall be provided irrespective of the height of the building.

The planning and design of lifts including their number, type, and capacity depending on the occupancy of the building, the population of each floor based on the occupant load and the building height shall be in accordance with Section-5 - Installation of Lift & Escalators of Part VIII - Building Services of National Building Code of India.

All the floors shall be accessible for 24 hours by the lifts. The lifts provided in the buildings shall not be considered as a means of escape in case of emergency. Grounding switch at ground floor level to enable the fire service to ground the lift cars in an emergency shall also be provided.

The lift machine rooms shall be separate and no other machinery shall be installed therein.

9.27.2  Fire Lift

Fire lift shall be provided as mentioned in Regulation No.9.29.8.

Rule No. 9.28 Exit Requirements

9.28.1  The following General requirements shall apply to exits

a) In every building or structure, exits shall comply with the minimum requirements of this part, except those not accessible for general public use.

b) Every exit, exit access or exit discharge shall be continuously maintained free of all obstructions or impediments to full use in the case of fire or other emergency.

c) Every building meant for human occupancy shall be provided with exits sufficient to permit safe escape of occupants, in case of fire or other emergency.

d) No building shall be so altered as to reduce the number, width, or protection of exits to less than that required.

e) Exits shall be clearly visible and the route to reach the exits shall be clearly marked and signs posted to guide the occupants of the floor concerned.

f) All exits shall provide continuous means of egress to the exterior of a building or to an exterior open space leading to a street and,

g) Exits shall be so arranged that they may be reached without passing through another occupied unit.

9.28.2  Type of Exits

An exit may be a doorway, a corridor, a passage, or a way to an internal staircase or external staircase, a ramp, or to a verandah and/or terraces that have eaves to the street or to the roof of a building. An exit may also include a horizontal exit leading to an adjoining building at the same level. Lifts and escalators shall not be considered as exits.

9.28.3  Number and Size of Exits

The requisite number and size of various exits shall be provided, based on the number of occupants in each room and floor based on the occupant load, capacity of exits; travel distance, and height of the building as per provisions of Regulation No.9.28.4 to Regulation No.9.28.8.

9.28.4  Arrangement of Exits

Exits shall be so located that the travel distance on the floor shall not exceed as given below :-

Whenever more than one exit is required for a floor of a building, exits shall be placed at remote from each other as possible. All the exits shall be accessible from the entire floor area at all floor levels.

Note – For the buildings where a sprinkler system has been provided in the entire building for fire fighting, the travel distance may be increased by 50% of the value specified in the above table.

9.28.5  Occupant Load

For determining the exits required, the number of persons within any floor area or the occupant load shall be based on the actual number of occupants, but in no case less than that specified in Table No.9-E below :-

Note :

i) Occupant load in dormitory portions of homes for the aged, orphanages, insane, asylums etc. where sleeping accommodation is provided, shall be calculated at not less than 7.5 Sq.m. gross floor area per person.

ii) The gross floor area shall include, in addition to the main assembly rooms or space, any occupied connecting room or space in the same storey or in the storeys above or below where the entrance is common to such rooms and spaces and they are available for use by the occupants of the assembly place. No deductions shall be made in the area for corridors, closets or other subdivisions, that area shall include all space serving the particular assembly occupancy.

9.28.6 Capacity of Exits

1) The unit of exit width used to measure the capacity of any exit should be 50 cm. A clear width of 25 cm. should be counted as an additional half unit. Clear width less than 25 cm. should not be computed for exit width.

2) Occupants per unit exit width shall be in accordance with Table No. 9-F

9.28.7 Provision for Staircase

All buildings having a height more than the ground floor shall have the provision of one staircase. The special buildings specified in Regulations No.1.3(93)(xiv) shall have two staircases out of which one shall be a fire escape staircase.

They shall be of enclosed type. At least one of them shall be on the external walls of buildings and shall open directly to the exterior, interior open space or to an open place of safety. Further, the provision or otherwise of alternative staircases shall be subject to the requirements of travel distance being complied with.

A staircase shall not be provided around the lift shaft unless provided with a fire stop door of 1-hour rating at every floor level and no other openings in the inside wall as illustrated below.

9.28.8 Width of staircase

The minimum width of staircases/corridors for various buildings shall be as below.

Note - Internal staircase for duplex tenements shall be of minimum width 0.75 m. and for mezzanine floor shall be of minimum width 0.90 m.

Rule No. 9.29 Other Requirements of Individual Exit at Each Floor

The detailed requirements in respect of exits shall be as provided in Regulations No.9.29.1

to 9.29.8 given below.

9.29.1  Doorways

i) Every exit doorway shall open into an enclosed stairway or a horizontal exit, or a corridor or passageway providing continuous and protected means of egress:

ii) No exit doorway shall be less than 90 cm. in width except in assembly buildings where door width shall be not less than 200 cm. The doorway shall be not less than 200 cm. in height. Doorways for the bathrooms, water closets or stores shall be not less than 75 cm. wide.

iii) Exit doorways shall open outwards, that is away from the room but shall not obstruct the travel along any exit. No door, when opened shall reduce the required width of stairways or landing to less than 90 cm. Overheads or sliding doors shall not be installed.

iv) Exit door shall not open immediately upon a flight of stairs. A landing equal to at least the width of the door shall be provided in the stairway at each doorway. The level of landing shall be the same as that of the floor which it serves.

v) Exit doorway shall be openable from the side which they serve without the use of a key.

vi) Mirrors shall not be placed in exitways or exit doors to avoid confusion regarding the direction of exit.

9.29.2  Revolving doors

Revolving doors shall not be used as required exits except in residential business and mercantile occupancies but they shall not constitute more than half the total required door width.

9.29.3 Stairways

i) The interior staircase shall be constructed of non-combustible materials throughout.

ii) The interior staircase shall be constructed as a self-contained unit with at least one side to the extent of the required opening adjacent to an external wall and shall be completely enclosed.

iii) Hollow combustible construction shall not be permitted.

iv) The minimum width of the tread without nosing shall be 25 cm. for an internal staircase for residential buildings. In the case of other buildings, the minimum tread shall be 30 cm. The treads shall be constructed and maintained in a manner to prevent slipping.

v) The maximum height of the riser shall be 19 cm. in the case of residential buildings and 15 cm. in the case of other buildings. They shall be limited to 15 per flight.

vi) Handrails shall be provided with a minimum height of 100 cm. from the centre of the tread to the top of the handrails. Balusters/railing shall be provided such that the width of the staircase does not reduce.

vii) Floor indicator - The number of each floor shall be conspicuously painted in figures at least 15 cm. large on the wall facing the flights of a stairway or at such suitable place as is distinctly visible from the flights.

viii) The minimum headroom in a passage under the landing of a staircase shall be 2.2 m.

ix) For special buildings, access to the main staircase shall be gained through at least half an hour fire fire-resisting automatic closing doors placed in the enclosing wall of the staircase. It shall be a swing-type door opening in the direction of the escape.

x) No living space, store or other space including fire risk shall open directly into the staircase.

xi) External exit door of the staircase enclosure at ground level shall open directly to the open spaces or should be reached without passing through any door other than a door provided to form a draught lobby.

xii) In the case of assembly, institutional or residential occupancies or hotels or industrial and hazardous occupancies, the exit sign with an arrow indicating the way to the escape route shall be provided at a height of 0.5 m. from the floor level on the wall and shall be illuminated by electric light connected to corridor circuits. All exit way marking signs should be flushed with the wall and so designed that no mechanical damage shall occur to them due to the moving of furniture or other heavy equipment. Further, all landings of the floor shall have floor-indicating boards prominently indicating the number of floors. The floor indication board shall be placed on the wall immediately facing the flight of stairs and nearest to the landing. It shall be of the size not less than 0.5 m. x 0.5 m.

xiii)  In case of a single staircase, it shall terminate at the ground floor level and the access to the basement shall be by a separate staircase. Whenever the building is served by more than one staircase one of the staircases may lead to the basement level provided the same is separated at ground level by either a ventilated lobby or a cut-off screen wall without opening, having a fire resistance of not less than 2 hours with discharge point at two different ends or through enclosures. It shall also be cut off from the basement areas at various basement levels by a protected and ventilated lobby or lobbies.

9.29.4  Fire escape or external stairs

A fire escape or external stair shall be provided as provided in Regulation No.9.28.7. External stairs, when provided, shall comply with the following :

i) External stairs shall always be kept in sound operable conditions.

ii) All external stairs shall be directly connected to the ground.

iii) Entrance to the external stairs shall be separate and remote from the internal staircase.

iv) Care shall be taken to ensure that no wall opening or window opens on to or close to external stairs.

v) The route to the external stairs shall be free of obstructions at all times.

vi) The external stairs shall be constructed of non-combustible materials, and any doorway leading to it shall have the required fire resistance.

vii) No external staircase, used as a fire escape, shall be inclined at an angle greater than 45 degrees from the horizontal.

viii) External stairs shall have straight flight not less than 1250 mm. wide with 250 mm. treads and risers not more than 190 mm. The number of risers shall be limited to 15 per flight.

ix) Handrails shall be of a height not less than 1000 mm. and not exceeding 1200 mm. There shall be provisions of balusters with a maximum gap of 150 mm.

x) The use of spiral staircases shall be limited to low occupant load and to a building not exceeding 9 m. in height. A spiral staircase shall be not less than 1500 mm. in diameter and shall be designed to give adequate headroom.

xi) An Unprotected steel frame staircase will not be accepted as a means of escape. However, a steel staircase in an enclosed fire-rated compartment of 2 h will be accepted as a means of escape.

xii) The fire escape staircase shall be connected to other staircases through the common passage on every floor.

9.29.5  Corridors and passageways

i) The minimum width of a corridor shall not be less than 75 cm. in the case of 2 storeys row housing residential buildings and 100 cm. in the case of other buildings and the actual width shall be calculated based on the provision of Regulations No.9.28.3 to 9.28.8 (both inclusive)

ii) Where there is more than one staircase serving a building, there shall be at least one smoke-stop door in the space between the staircases.

iii) Exit corridors & passageways shall be of a width not less than the aggregate required width of exit doorways leading from them in the direction of travel of the exterior/stairways.

iv) Where stairways discharge through corridors & passageways the height of the corridors & passageways shall not be less than 2.4 m.

v) All means of exit including staircases, lifts, lobbies & corridors shall be adequately ventilated.

9.29.6  Refuge Area

For buildings more than 24 m. in height, a refuge area of 15 sq.m. or an area equivalent to 0.3 sq.m. per person to accommodate the occupants of two consecutive floors, whichever is higher, shall be provided as under :

The refuge area shall be provided on the periphery of the floor or preferably on a cantilever projection and open to air at least on one side protected with suitable railings.

a) For floors above 24.0 m. and up to 39.0 m. height - One refuge area on the floor immediately above 24.0 m.

b) For floors above 39.0 m height - One refuge area on the floor immediately above 39.0 m. and so on after every 15.0 m.

9.29.7  Lifts and Escalators

i) Lifts :- Provision of lift shall be made as mentioned in Regulation No.9.27.

ii) Escalators :- Escalators may be permitted in addition to required lifts. Such escalators may also be permitted in the atrium area of the buildings.

9.29.8  Fire lift

Where applicable, fire lifts shall be provided with a minimum capacity for 8 passengers and fully automated with an emergency switch on ground level. In general, buildings 15.0 m. in height or above shall be provided with fire lifts. In case of fire, only the fireman shall operate the fire lift. In normal course, it may be used by other persons. Each fire lift shall be equipped with suitable inter-communication equipment for communicating with the control room on the ground floor of the building. The number and location of fire lifts in a building shall be decided after taking into consideration various factors like building population, floor area, compartmentation, etc.

9.29.9  Fire Escape Chutes/controlled Lowering Device for evacuation

i) a) High-rise buildings having a height of more than 70 m. shall necessarily be provided with fire escape chute shaft/s for every wing adjacent to the staircase.

b) Walls of the shaft shall have 4 hours of fire resistance.

c) One side of the shaft shall be at the external face of the building with proper ventilation.

d) The dimension of the shaft shall not be less than 2.5 m. x 1.5 m.

e) The access to the fire escape chute's shaft shall be made at every floor level from the lobby area or from the staircase mid-landing with a self-closing door having fire resistance of at least

one hour.

f) The fire chute shall be of staggered type with landing of each section at the vertical height

of not more than 21.0 m.

Alternatively,

ii) High-rise buildings having a height of more than 70.0 m., shall be provided with a fire tower at the landing/mid-landing level with a smoke check lobby with a fireman lift being an integral part of the fire escape staircase or fire evacuation lift (Hydro pneumatic/electrically operated) on the external face of the building having opening within the fire escape staircase at landing/mid-landing level with smoke check lobby as approved by Chief Fire Officer shall be provided.

Note - Both the smoke check lobby and with evacuation lift shall have a positive level difference of a minimum of 75 mm. with respect to the staircase landing or mid-landing level to avoid ingress of water in the fireman lift shaft.

9.29.10 Refuge chute/Garbage Chute -

In residential buildings, Refuge chute/garbage chute may be provided with opening on each floor or on mid-landing. Design and specifications of Refuge chute shall be in accordance with provisions of IS 6924.

Related Regulations to Rule No. 9

Habitable Rooms as Requirements of Part of Building in UDCPR 2020

Basements as Requirements of Part of Building in UDCPR 2020

Ramp as Requirements of Part of Building in UDCPR 2020

Balcony as Requirements of Part of Building in UDCPR 2020

Provision of Lift as Requirements of Part of Building in UDCPR 2020

Lighting and Ventilation of Room as Requirements of Part of Building in UDCPR 2020

Compound Wall and Other Requirements of Part of Building 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 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. 2.2 Procedure for Obtaining Development Permission/Building Permission/Commencement Certificate

2.2.1 Notice/Application

Every person who intends to carry out development or redevelopment, erect or re-erect or make alterations in any place in a building or demolish any building, shall give notice/application in writing, through a registered Architect, Town Planner or Licensed Engineer/Supervisor, to the Authority of his said intention in the prescribed form (See Appendix AI or A2). It will be mandatory to submit complete information in the form accompanied with Appendix A-1 and A-2. Such notice shall be accompanied by the payment receipt of the required scrutiny fee and any other fee/charges prescribed by the Authority from time to time and the plans and statements in sufficient copies (See Regulation No.2.2.2), and as per the requirements under Regulation No. 2.2.2 to 2.2.1.9. One set of plans shall be retained in the office of the Authority for a record after the issue of permission or refusal. The plans may be submitted in electronic form as may be specified by the Authority from time to time. The Authority may set a date after which all submissions, approvals and communication in regard to development permission shall be online.

2.2.2 Information Accompanying Notice/Application

The Notice/Application shall be accompanied by the ownership title, key (location) plan, site plan, sub-division layout plan/ building plan, plans for services, specifications, and certificate of supervision, etc., as prescribed in these regulations. Ordinarily, four copies of plans and statements shall be made available along with the notice; however, the number of such copies required shall be as decided by the Authority.

2.2.3 Ownership title and area

Every application for development permission and commencement certificate shall be accompanied by the following documents for verifying the ownership and area, etc. of the land -

i) Latest 7/12 extracts or property register card of a date not earlier than six months before the date of submission of a development proposal, power of attorney, wherever applicable, or attested copy of lease deed of the concerned lessor authority, enabling ownership of the document. In the case of Ulhasnagar, a conveyance deed and/or sanad issued by the Revenue Authority may also be considered.

ii) Original measurement plan/city survey sheet of the land or lands under development proposal issued by the Land Record Department.

Provided that, where the City Survey of the whole Gaothan area is not done by the City Survey Department, in that case, the measurement plan authenticated by the Architect having signatures of adjacent plots/landholders may be acceptable.

iii) Statement of the area of the holding by triangulation method/CADD (Computer-Aided Design and Drafting Software) from the qualified licensed technical personnel or architect with an affidavit from the owner regarding the area in the form prescribed by the Authority.

iv) Any other document prescribed by the Authority.

v) In case of revised permission, wherever third party interest is created by way of registered agreement to sale or lease, etc. of the apartment, consent of such interested party/persons as specified under the RERA Act shall be submitted.

vi) A self-attested copy of sub-division/amalgamation/layout of land approved by the concerned authority, if any.

vii) In the case of land leased by the Government or Local Authorities, No Objection Certificate of Government or such Authorities shall be obtained if there is deviation from lease conditions and shall be attached to the application for development permission in respect of such land. Such No Objection Certificate shall also be necessary, where, the development proposal proposes to utilize FSI more than mentioned in the lease deed.

2.2.4 Key Plan or Location Plan

The key plan drawn to a scale of not less than 1:4000 shall be submitted along with the application for a Building Permit and Commencement Certificate showing the boundary locations of the site with respect to neighborhood landmarks or features within the radius of 200 m. from the site whichever is more.

2.2.5 

(a) Sub-division/Layout plan

In the case of the development of land, the notice shall be accompanied by the sub-division / layout plan which shall be drawn to a scale of not less than 1:500, however, for layout having areas 4.0 ha. and above, the plan shall be drawn at a scale of not less than 1:1000, containing the following :-

i) Scale including a graphical scale used and north point

ii) The location within the land of all proposed and existing roads with their existing/proposed widths and all the proposals of the Development Plan / Town Planning Scheme, if any

iii)  Dimension of plots

iv)  The location of drains, sewers, public facilities and services, electrical lines, Natural watercourses, water bodies and streams, etc.

v)  Table indicating size, area, and use of all plots in the sub-division/layout plan.

vi)  The statement indicating the total area of the site, area utilized under roads, recreational open spaces, playground, amenity space, and development plan reservation/roads, schools, shopping, and other public places along with their percentage with reference to the total area of the site proposed to be sub-divided/laid out.

vii)  In the case of plots that are sub-divided in built-up areas in addition to the above, the means of access to each sub-divided plot is from existing streets.

viii) Contour plan of the site, wherever necessary.

(b) Amalgamation Plan

Where two or more plots/holdings of the same or different owners are to be amalgamated, an amalgamation plan showing such amalgamation drawn to a scale of not less than 1:500 shall accompany the application. Instead of submitting a separate plan, such amalgamation may be allowed to be shown on the building/layout plan itself.

2.2.6  Site Plan

The site plan shall be submitted with an application for building permission drawn to a scale of 1:500 or more as may be decided by the Authority. This plan shall be based on the measurement plan duly authenticated by the appropriate officer of the Department of Land Records. This plan shall have the following details :-

i) Boundaries of the site and of any contiguous land belonging to the neighboring owners.

ii) Position of the site in relation to neighboring streets.

iii) Name of the street, if any, from which the building is proposed to derive access.

iv) All existing buildings contained in the site with their names (where the buildings are given names) and their property numbers.

v) Position of the building and of other buildings, if any, which the applicant intends to erect, upon his contiguous land referred to in (i) above.

vi) Boundaries of the site and, in a case where the site has been partitioned, boundaries of the portions owned by others.

vii) All adjacent streets, buildings (with a number of storey and heights), and premises within a distance of 12.0 m. of the work site and of the contiguous land (if any) referred to in (i). If there is no street within a distance of 12.0 m. of the site, the nearest existing street with its name.

viii) Means of access from the street to the building and to all other buildings (if any) which the applicant intends to erect upon.

ix) Space is to be left around the building to secure free circulation of air, admission of light, and access.

x) The width of the street (if any) in front and the street (if any) at the side or near of the building, including proposed roads.

xi) The direction of the north line relative to the plan of the building.

xii) Any existing physical features, such as wells, tanks, drains, pipelines, high tension lines, railway lines, trees, etc.

xiii) Overhead electric supply lines, if any, including space for electrical transformer/substation according to these Regulations or as per the requirements of the electric distribution company.

xiv) Any water course existing on-site or adjacent to the site.

xv)  Existing alignments of water supply and drainage lines.

xvi)  Such other particulars as may be prescribed by the Authority.

2.2.7  Building plan

The plans of the buildings and elevation and section to be sent with the application accompanying the notice shall be drawn to a scale of 1:100. The building plan shall :

i)  Include floor plans of all floors together with the built-up area clearly indicating the sizes of rooms and the position and width of the staircase, ramps and other exit ways, lift wells, lift machine room and lift pit details, meter room, and electric sub-station and also include a ground floor plan as well as basement plan and shall indicate the details of parking space and loading and unloading spaces provided around and within the building as also the access ways and the appurtenant open spaces with projections in dotted lines, distance from any building existing on the plot in figured dimensions along with the accessory building. These plans will also contain the details of FSI calculations.

ii) Show the statement of the carpet area of every apartment or any unit along with areas of balconies and double-height terraces, if any, attached to the said unit.

iii) Show the use or occupancy of all parts of the buildings.

iv) Show the exact location of essential services, such as water closet (W.C.), bath, sink and the like;

v) Include sectional drawings showing clearly the thickness of the basement wall, wall construction, size and spacing of framing members, floors, slabs, and roof slabs with the materials. The section shall indicate the height of the building, rooms and parapet, drainage, and slope of the roof. At least one section should be taken through the staircase.

vi) Show relative levels of street

vii) Give dimensions of the projected portion beyond the permissible building line.

viii) Include a terrace plan indicating the drainage and the slope of the roof.

ix) Give an indication of the north line relative to the plan

x) Details of parking spaces provided

xi) Give dimensions and details of doors, windows, and ventilators

xii) Give the area statement with a detailed calculation chart of each floor of the building or area as per the periphery line of construction (P-line) excluding ducts and voids.

xiii)  Show the pump rooms, rainwater harvesting system, and sewage treatment plant, if any.

xiv) Certificate of Structural Engineer about structural and earthquake safety in case of the building above G + 2 or stilt + 2 structure.

xv) Give such other particulars as may be required to explain the proposal clearly as prescribed by the Authority.

2.2.8 Building Plans for Special Buildings

The following additional information shall be furnished/indicated in the Building Plans in addition to the items (i) to (xv) of Regulation No.2.2.7;

a) Access to fire appliances/vehicles with details of vehicular turning circle and clear motorable access way around the building of a minimum of 6.0 m. width;

b) Size (width) of main and alternate staircases, wherever necessary, along with balcony approach, corridor, and ventilated lobby approach.

c) Location and details of lift enclosures.

d) Location and size of fire lift.

e) Smoke stop lobby/door, where provided.

f) Refuge chutes, refuse chamber, service duct, etc.

g) Vehicular parking spaces.

h) Refuge area, if any;

i) Details of Building Services :- Air-conditioning system with the position of fire dampers, mechanical ventilation system, electrical services, boilers, gas pipes, etc. 

j) Details of exits including the provision of ramps, etc. for hospitals and buildings requiring special fire protection measures.

k) Location of the generator, transformer, and switch gear room.

l) Smoke exhauster system, if any;

m) Details of the fire alarm system network

n) Location of centralized control, connecting all fire alarm systems, built-in fire protection arrangements and public address system, etc.

o) Location and dimensions of static water storage tank and pump room along with fire service inlets for mobile pump and water storage tank.

p) Location and details of fixed fire protection installations such as sprinklers, wet risers, hose reels, drenchers, C02 installation, etc.

q) Location and details of first aid, fire-fighting equipment/installations

r) Certificate of a structural engineer in structural and earthquake safety

s) Clearance certificate from the Chief Fire Officer of the Authority or Director of Fire services, as the case may be.

2.2.9 Service plan

Plans, elevations, and sections of water/grey-water supply, sewage disposal system, and details of building services, where required by the Authority, shall be made available on a scale not less than 1:100 and for layouts 1:1000.

2.2.10 Supervision

The notice shall be further accompanied by a certificate of supervision in the prescribed form as given in Appendix B, by the Architect/Licensed Engineer/Supervisor/Town Planner, as the case may be. In the event of the said licensed technical personnel ceasing to be employed for the development work, further development work shall stand suspended till a new licensed technical person is appointed.

2.2.11 Clearance from Other Departments

In case of development/construction of buildings requiring clearance from the Authorities of Civil Aviation Authority, Railways, Directorate of Industries, Maharashtra Pollution Control Board, District Magistrate, Inspectorate of Boilers and Smoke Nuisance, Defence Department, Maharashtra Coastal Zone Management Authority, Archaeological Department etc., the relevant No Objection Certificates from these Authorities, whichever applicable, shall also accompany the application, where such information is not received by the authority as mentioned in Regulation No.3.1.13.

In the case of the building identified in Regulation No.1.3(93)(xiv), the building scheme shall also be cleared by the Fire Officer of the Authority or in the absence of such Officer, by the Director of Maharashtra Fire Services or an Officer authorized by him.

2.2.12 Building/Layout Permission Scrutiny Fee
 

The notice shall be accompanied by a self-attested copy of the receipt of payment of the building/layout permission Scrutiny Fee. These fees shall be as mentioned below and shall be subject to Government orders, if any. Provided that such fees are not applicable to the development proposals implemented by Government /Government departments or public authorities of state or central government.

Note -

i)  No scrutiny fee shall be levied if the proposal is received after compliance of the objections raised by the authority.

ii) In case of revised permission, the scrutiny fee shall be applicable.

iii) In case of revised permission, where additional development work is proposed without

disturbing the already approved development work, then the scrutiny fee shall be levied for

additional development work.

iv) The charges mentioned above may be revised by the Authority with prior approval of the

Government.

v) The charges mentioned above shall also be subject to Government orders from time to

time.

2.2.13 Development Charges

Development charges as required under Section 124 A (1) to 124 L of the Maharashtra Regional and Town Planning Act, 1966 shall be deposited with the Authority before issue of development permission/commencement certificate. Such charges shall be calculated for the area of each land parcel included in the development permission, considering the rates in ASR and provisions mentioned in the said Act.

Provided that,

i) In case of revised permission, where no development is carried out in pursuance of the earlier permission and permission is lapsed, the amount of difference of development charges, if any, shall be levied and recovered.

ii) In case of revised permission, where development is commenced in pursuance of earlier permission, development charges shall be levied on the land and built-up area, over and above the area covered in the earlier permission.

iii) No such charges shall be levied for renewal of permission.

iv) In case where minor amendments to the plotted layout approved prior to 10/8/1992 are

proposed or where a development charge for land development has already been collected in the past, no development charge should be levied for such amendment of the plotted layout provided no construction was proposed in the said layout i.e. only the plotted layout was approved.

v) Construction of the compound wall is meant for the protection of property and as such no development charge shall be levied for the construction of a compound wall or for repairs of a compound wall.

vi) No development charge shall be recovered in respect of maintenance work, internal repairs of buildings, or for strengthening the existing building provided such works do not involve consumption of additional floor space.

vii) For any reconstruction work, a development charge shall be levied in full which involves the demolition of the existing building and reconstruction of the Non-Municipal,new building.

viii) In case a cooperative housing society is authorized by Maharashtra Housing and Area Development Authority or Bombay Housing and Area Development Board to undertake reconstruction of an old/dilapidated building (which work would otherwise, have been undertaken by MHADA), no development charge shall be recovered from that co-operative housing society, provided the FSI does not exceed the existing or permissible FSI whichever is lower. Provided further that, it accommodates existing tenants only. Further in reconstruction involving consumption of additional FSI and accommodation of additional members other than existing tenants, proportionate development charges shall be recovered.

ix) In case no development work is carried out in pursuance of permission and permission is lapsed or permission is canceled on the request of the owner, the development charges paid, shall be adjusted in permission that may be granted in the future.

x) Where development permission is granted and development charges are already collected by any Authority in their jurisdiction and thereafter such area is included in the jurisdiction of other Authority in such cases, the provisions mentioned in Sr.No.(i) to (ix) above shall be applicable mutatis and mutandis, as the case may be.

2.2.14 Premium Charges and Fire Infrastructure Charges

i) Premium Charges - Premium charges as may be required to be recovered under these regulations shall be paid to the Authority before the issue of development permission/commencement certificate. The 50% Premium share of the Government shall be deposited by the Authority in a specified head of account of the Government. The amount of premium collected by the Authority shall be kept in a separate account and it shall be utilized for the development of civic amenities and infrastructure.

In the case of a Regional Plan area, 100% premium charges shall be paid to the Government through the District offices of the Town Planning and Valuation Department.

The aforesaid premium charges except the premium leviable under Chapter 5 of these regulations shall be allowed to be paid in the instalments with interest @ 8.5% per annum in the following manner and subject to the following conditions.

A) Option- 1 

 a) Building below 70.0 m. height.

b) Building having a height of 70.0 m. and above.

B) Option - 2

The installment of 20% shall be paid at the time of granting development permission/commencement certificate and the remaining 80% amount at the time of occupation certificate. The remaining amount shall be liable for interest @ 8.5% per annum.

Notes :

i) The installment shall be granted with the interest at the rate of 8.5% p.a. on reducing the outstanding balance premium.

ii) The owner/developer shall deposit post-dated cheques for the installment amount with an interest due drawn on the scheduled bank, as per the scheduled date of payment.

iii) Occupation Certificates shall be granted in proportion to the payments made.

iv) The first instalment shall not be less than 50 lakhs in the case of A, B C, Class Municipal Corporations, and 25 lakhs in the case of other areas. In such case, the remaining amount shall be apportioned in the remaining installments.

v) The aforesaid option 1 & option 2 shall be applicable for the period of 2 years. (1) In addition to this, an extension of a further 2 years (i.e. up to 2.12.2024) shall be applicable, considering the lock-down measures and guidelines issued by the Government regarding the pandemic situation.

ii) Fire Infrastructure Charges - These charges shall be decided by the Government from time to time

2.2.15 Structural Stability Certificate

In the case of special buildings, the application shall be accompanied by a structural stability certificate signed by the licensed Structural Engineer to the effect that the building is safe against various loads, forces, and effects including due to natural disasters, such as, earthquakes, landslides, cyclones, floods, etc. as per Part 11 ‘Structural Design’ and other relevant Codes.

2.2.16 Signing the Plan

All the plans shall be duly signed by the owner, co-owner, if any, and the Architect or Town Planner or Licensed Engineer / Supervisor and shall indicate his name, address and Registration/license number (allotted by the Authority).

2.2.17 Size of Drawing sheets

The size of the drawing sheets shall be any of those specified in Table 2-A.

Note : If necessary, submission of plans on sheets bigger than A0 size is also permissible. All dimensions shall be indicated only in metric units.

2.2.18 Colouring Notations for Plans

The plan shall be colored as specified in Table No.2-B given below and prints of the plan shall be on one side of the paper only.

Note : For land development/Subdivision/layout/building plan, suitable coloring notations shall be used which shall be indexed.

2.2.19 Qualification and Competence of the Architect/Licensed Engineer/Structural Engineer/Town Planner/Supervisor

Architect/Engineer/Town Planner/Supervisor referred to in Regulation No.2.2.16 shall be registered/licensed by the Authority as competent to plan and carry out various works as given in Appendix “C”. The qualification and procedure for registration and licensing of the Engineer/Structural Engineer/Town Planner/Supervisor shall be as given in Appendix-“C”. An Architect registered with the Council of Architecture shall not be required to register with the Authority.

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

Grant or Refusal of Permission in UDCPR 2020

Permission from the Planning Authority is Mandatory in UDCPR 2020

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.

UDCPR 2020 Chapter 11 is all about the Acquisition And Development Of Reserved Sites 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. 11.2 Regulations for Grant of Transferable Development Rights

11.2.1  Transferable Development Rights

Transferable Development Rights (TDR) is compensation in the form of Floor Space Index (FSI) or Development Rights which shall entitle the owner for construction of built-up area subject to provisions in this regulation. This FSI credit shall be issued in a certificate which shall be called as Development Right Certificate (DRC).

Development Rights Certificate (DRC) shall be issued by the Authority under his signature and endorsed thereon in writing in figures and in words, the FSI credit in square meters of the built-up area to which the owner or lessee is entitled, the place from where it is generated and the rate of that plot as prescribed in the Annual Statement of Rates issued by the Registration Department for the concerned year.TDR generated within the jurisdiction of a particular Authority, shall be utilized within the jurisdiction of the same Authority as per this regulation.

11.2.2 Cases Eligible for Transferable Development Rights (TDR)

Compensation in terms of Transferable Development Rights (TDR) shall be permissible for -

i) Lands under various reservations for public purposes, new roads, road widening, etc., which are subjected to acquisition, proposed in Draft or Final Development Plan, prepared under the provisions of the Maharashtra Regional and Town Planning Act, 1966.

ii) Lands under any deemed reservations according to any regulations prepared as per the provisions of the Maharashtra Regional & Town Planning Act, 1966.

iii) Lands under any new road or road widening proposed under the provisions of Maharashtra Municipal Corporation Act, Maharashtra Municipal Council, Nagar Panchayat, and Industrial Township Act.

iv) In the case where the layout is submitted along with the proposed Development Plan Road, in such cases TDR shall be permissible for the entire road width as per these regulations.

v) Development or construction of the amenity on the reserved or deemed reserved land.

vi) Unutilized FSI of any structure or precinct which is declared as a Heritage structure or precinct under the provisions of Unified Development Control and Promotion Regulations, due to

restrictions imposed in that regulation.

vii) In lieu of constructing housing for slum-dwellers according to regulations prepared under the Maharashtra Regional & Town Planning Act, 1966.

viii) For handing over land to the Authority for development of housing under PMAY by the Authority.

11.2.3 Cases not eligible for Transferable Development Rights (TDR)

It shall not be permissible to grant Transferable Development Rights (TDR) in the following circumstances :-

i) For earlier land acquisition or development for which compensation has been already paid partly or fully by any means.

ii) Where an award of land has already been declared and which is valid under the Acquisition Act or the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 unless lands are withdrawn from the award by the Appropriate Authority according to the provisions of the relevant Acts.

iii) In cases where the layout has already been sanctioned and layout roads are incorporated as Development Plan roads prior to these regulations.

iv) If the compensation in the form of FSI/or by any means has already been granted to the owner.

v) Where lawful possession including by mutual agreement/or contract has been taken and such agreement does not provide for TDR.

vi) For an existing user or retention user or any required compulsory open space or recreational open space or recreational ground, in any layout.

vii) For any designation, allocation of the use or zone which is not subjected to acquisition.

viii) Existing nallah, river, natural stream, natural pond, tank, water bodies, etc.

ix) Reservations that are not developable under the provisions of UDCPR.

x) For the lands owned by the State Government.

11.2.4 Generation of the Transferable Development Rights (TDR)

Transferable Development Rights (TDR) against surrender of land :-

a. For surrender of the gross area of the land which is subjected to acquisition, free of cost and free from all encumbrances, the owner shall be entitled to TDR or DR irrespective of the FSI permissible or development potential of such land to be surrendered and also that of land surrounding to such land at the rate given below :-

Note :-

i) The quantum of Transferable Development Rights (TDR) generated for reservation in the area having total legal impediment/constraint on construction or development like CRZ/Hazardous zone/Low-Density zone, shall be 50% of TDR generated as prescribed above.

ii) The quantum of Transferable Development Rights (TDR) generated for Bio Diversity Park reservation shall be 8% of the gross area.

(Explanation: The above entitlement may also apply to the compensation paid in the form of FSI to the owner to be utilized on the unaffected part of the same land parcel, and in such cases, the procedure of DRC shall not be insisted.)

Provided that, if leveling of land and construction/erection of the compound wall/fencing as per Clause (b) below to the land under surrender is not desirable considering the total area of reservation, the quantum of TDR shall be reduced to 1 : 1.85 and 1 : 2.85 in non- congested area and congested area respectively. In such cases, the owner shall also have an option of paying the cost of the construction of a compound wall (as decided by the Authority) without reducing the quantum of TDR.

Provided further that such construction/erection of compound wall/fencing shall not be necessary for area under development plan roads. In such cases TDR equivalent to entitlement as mentioned above shall be granted without any reduction.

Provided also that Additional/incentive Transferable Development Rights (TDR) or Development Rights (DR) to the extent of 5% of the surrendered land area shall also be allowed to the land owners who submit the proposal for grant of Transferable Development Rights (TDR) of land reserved in the development plan, within 2 years from the sanction of these regulations.

Provided that the quantum of generation of TDR as prescribed above, shall not be applicable for TDR generated from the construction of amenities or construction of reservation/deemed reservations/roads, Slum TDR, Heritage TDR.

b. DRC shall be issued only after the land is surrendered to the Authority, free of cost and free from encumbrances, after leveling the land to the surrounding ground level, and after constructing/ erecting a 1.5 m. high compound wall/fencing, i.e., brick/stone wall up to 0.60 m. above ground level and fencing above that up to the remaining height with a gate, at the cost of the owner and to the satisfaction of the Authority.

c. If any contiguous land of the same owner/developer, in addition to the land under surrender for which Transferable Development Rights (TDR) is to be granted, remains unbuildable, the Authority may grant Transferable Development Rights (TDR) for such remaining unbuildable land also if the owner/developer hands it over free of cost and free from all encumbrance and encroachment. If such land is from the proposed roads then such land shall be utilized for roadside parking, garden, open space, or roadside amenities including bus bays, public toilets, or any compatible user as the Authority may decide and if the such land is from the proposed reservation then same shall be included in such proposed reservation and shall be developed for the same purpose.

d) In the case of the lessee, the award of Transferable Development Rights (TDR) shall be subject to the lessee paying the lessor or depositing with the Authority for payment to the lessor, an amount equivalent to the value of the lessor's interest to be determined by the Authority on the basis of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against the area of land surrendered, free of cost and free from all encumbrances.

e) Where the authority has taken the possession of the reserved land in the development plan with the commitment of granting TDR / DRC in the past and DRC is not issued, in such cases, DRC shall be issued for the quantum as per this UDCPR.

11.2.5 Transferable Development Rights (TDR) against Construction of Amenity -

When an owner or lessee, with prior approval of the Authority, develops or constructs the amenity on the surrendered plot, at his own cost subject to such stipulations as may be prescribed and to the satisfaction of the Authority and hands over the said developed/constructed amenity free of cost to the Authority, then he may be granted a Transferable Development Rights (TDR) in the form of FSI as per the following formula :-

Construction Amenity TDR in Sq.m. = A / B * 2.00 Where,

A = cost of construction of amenity in rupees as per the rates of construction mentioned in Annual Statement of Rates (ASR) prepared by the Inspector General of Registration for the year in which construction of amenity is commenced. (In the case of the construction of a new D.P. road, the cost of construction as worked out on the basis of the District Schedule of Rates.)

B = land rate per Sq.m. as per the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration for the year in which construction of amenity is commenced.

In the case of buildings like auditoriums, assembly, etc. wherein the height of the building is higher, the cost of the building may be worked out from the Public Works Department as per applicable DSR. Also, expenses for ancillary requirements only of immovable items like acoustic, etc. may also be included in such cost. Such expenses for ancillary requirements may also be considered for hospital and educational buildings.

If any person, with the consent of the authority, constructs the D.P. road by obtaining development rights/consent of the other owners whose land is covered under the D.P. road, then such person may be entitled for construction amenity TDR subject to -

i) This provision shall only apply to the construction of a new road proposed in the Development Plan.

ii) One end of the road should meet other existing public roads.

iii) The specifications for the construction of the road shall be as decided by the Authority.

11.2.6 Utilisation of Transferable Development Rights (TDR)

i)  A holder of DRC who desires to use FSI credit therein on a particular plot of land shall attach valid DRCs to the extent required with his application for development permission. Proposal for Transferable Development Rights (TDR) utilisation shall be submitted along with the documents as may be prescribed by the Authority or by the Government from time to time.

ii)  With an application for development permission, where an owner seeks utilization of DRC, he shall submit the DRC to the Authority who shall endorse thereon in writing in figures and words, the quantum of the TDR proposed to be utilized, before granting development permission. Before issuance of the Occupation Certificate, the Authority shall endorse on the DRC, in writing in figures and words, the quantum of TDR/DRs actually used and the balance remaining, if any

iii)  The Transferable Development Rights (TDR) generated from any land use zone shall be utilized on any receiving plot irrespective of the land use zone including development plan reservations of a buildable nature and anywhere in the congested or non-congested area or town planning scheme area earmarked on Development Plan. The equivalent quantum of Transferable Development Rights (TDR) to be permitted on the receiving plot shall be governed by the formula given below :-

Formula: X = (Rg / Rr) x Y Where,

X= Permissible Utilisation of TDR/DR in sq.m. on receiving plot.

Rg = The Rate for land in Rs. per sq.m. as per the ASR of generating plots in the generating year. 

Rr=  Rate for land in Rs. per sq.m. as per ASR of receiving plot in generating year. 

Y= TDR debited from DRC in sq.m.

11.2.7  Utilisation of Transferable Development Rights (TDR) and Road Width Relation

i) The total maximum permissible built-up area and utilization of Transferable Development Rights (TDR) on the receiving plot shall be, as per Regulation No.6.1, 6.2, and 6.3.

ii) The quantum of maximum permissible TDR loading mentioned in Table 6-G of Regulation No.6.3 shall include a minimum 30% and a maximum of 50% slum TDR/URT/Amenity TDR (wherever applicable). If such TDR is not available, the other TDR may be used. Moreover, this shall not be applicable for TDR loading mentioned in Regulation No.6.1.1. Table 6-A.

iii) The utilization of Transferable Development Rights (TDR) shall be permissible by considering (1) the provision mentioned in Note (xiv) below Table No.6-G of Regulation No.6.3.

11.2.8  Areas Restricted from Utilisation of Transferable Development Rights (TDR)

Utilization of Transferable Development Rights (TDR) shall not be permitted in the following areas :-

a. Agricultural/No Development/Green Zone/Green Belt/Regional Park/HTHS Zone and Bio Diversity Park reservation in the Development Plan.

b. Area within the flood control line i.e. blue line (prohibitive zone) as specified by the Irrigation Department.

c. Coastal regulation zone.

d. Area having developmental prohibition or restrictions imposed by any notification issued under the provisions of any Central/State Act (like CRZ regulations, Defense restriction areas, etc.) or under these regulations.

c. Koregaon Park area in Pune Municipal Corporation area.

11.2.9 General stipulation

i) Development Rights (DRs) will be granted to an owner or lessee, only for reserved lands that are retainable and not vested or handed over to the Government/Urban Local Bodies and not exempted under section 20 or 21 of the then Urban Land (Ceiling and Regulations) Act, 1976 and undertaking to that effect shall be obtained, before a Development Right is granted. In the case of schemes sanctioned under section 20 or 21 of the said Act, the grant of Development Rights (DRs) shall be to such extent and subject to the conditions mentioned in section 20 or 21 scheme and such conditions as the Government may prescribe. In the case of non-retainable land (surplus land), the grant of Development Rights shall be to such extent and subject to such conditions as the Government may specify. The provisions of this Regulation shall be subject to the orders issued by the Government from time to time in this regard.

ii) In case of lands having tenure other than Class-I, i.e. Inam lands, tribal lands, etc., N.O.C. from the Competent Authority shall be produced by the landholder at the time of submission of application for grant of TDR.

iii) DRC shall be issued by the Authority as a certificate printed on bond paper in an appropriate form prescribed by him. Such a certificate shall be a “transferable and negotiable instrument” after the authentication by the Authority. The Authority shall maintain a register in a form considered appropriate by him of all transactions, etc. relating to the grant of, or utilization of DRC.

iv) The Authority shall issue DRC within 90 days from the date of application or reply from the applicant in respect of any requisition made by him, whichever is later.

v) The TDR shall be granted only for those reservations that are developable for the intended purpose under these regulations.

11.2.10 Transfer of DRC

The Authority shall allow the transfer of DRC in the following manner :-

i)  In case of death of the holder of DRC, the DRC shall be transferred only on production of the documents, as may be prescribed by him, from time to time, after due verification and satisfaction regarding title and legal successor.

ii) If a holder of DRC intends to transfer it to any other person, he shall submit the original DRC to the Authority with an application along with relevant documents as may be prescribed by the Authority and a registered agreement which is duly signed by the Transferor and Transferee, for seeking the endorsement of the new holder's name, i.e., the transferee, on the said certificate. The transfer shall not be valid without endorsement by the Authority and in such circumstances the Certificate shall be available for use only to the holder/transferor.

The utilization of TDR from such a certificate shall not be permissible during the transfer procedure.

iii) The Authority may refrain the DRC holder from utilizing the DRC in the following circumstances :-

a)  Under direction from a competent Court.

b)  Where the Authority has reason to believe that the DRC is obtained

a) by producing fraudulent documents  b) by misrepresentation,

iv) Any DRC may be utilized on one or more plots or lands whether vacant, or already developed fully or partly by the erection of an additional storey, or in any other manner consistent with the these Regulations.

v) DRC may be used on plots/land having Development Plan reservations of buildable nature, whether vacant or already developed for the same purpose, or on the lands under deemed reservations, if any, as per these Regulations or on amenity space.

vi) DRC may be used on plots/land available with the owner after surrendering the required land and construction to the Authority under the provisions of Accommodation Reservation. In such circumstances, for the purpose of deciding the receiving potential of the plot for the Transferable Development Rights (TDR), the total area of the reservation before surrender shall be considered.

11.2.11  Infrastructure Improvement Charges -

No infrastructure improvement charges shall be paid for the utilization of TDR.

11.2.12 Vesting of Land 

The Authority, before issuing DRC, shall verify and satisfy himself that the ownership and title of the land proposed for surrender is with the applicant, and get the Record of Right corrected in the name of Authority.

In case the Appropriate Authority for reservation is other than the Authority, it shall be permissible for the Authority, on the request of such authority to grant TDR under this regulation and hold such possession as a facilitator.

Provided that, the Authority shall hand over the possession of such land to the concerned Appropriate Authority, after receipt of the value of land, from such Appropriate Authority as per the Annual Statement of Rates prevailing at the time of handing over possession of land under reservation.

Provided also that, if such Appropriate Authority is the State Government or State Government Department, the Authority shall handover the possession of such land to the concerned Department, free of cost.

11.2.13 Effect of this Regulation

DRC issued under the old regulations as per TDR zone, shall be utilized as per these regulations considering the year of generation of TDR mentioned on the original DRC and accordingly land rate in the relevant ASR shall be considered.

Provided also that old TDR purchased as per TDR zones for utilization on a specific plot with registered documents of sale and/or specific proposal for utilization of such TDR pending in the ULBs, shall be allowed completely as per the old regulations.

Rule No. 11.3 Reservation Credit Certificate (RCC)

The reservation credit certificate is a certificate specifying the amount of compensation in lieu of handing over of reserved land to the Corporation and shall be issued by the Authority. The amount mentioned in this credit certificate may be used for payment of various charges like development charges, premiums, property tax, infrastructure charges, etc. to the authority from time to time in the future till exhausting the amount mentioned therein. Reservation Credit Certificate shall be issued subject to the following conditions.

i) The authority shall acquire the land under reservation in lieu of RCC only when it is immediately required for the development or creation of amenities or services or utilities.

ii) Such certificate shall not bear any interest on the amount mentioned therein and shall be transferable. However, payment being made to the authority through the amount from RCC after six months from the date of issue of RCC shall be discounted @ 10% for the payments to be made under provisions of these UDCPR.

iii) The amount of compensation to be paid to the owner shall be as per the provisions of the relevant Acts dealing with land acquisition as amended from time to time.

iv) The land to be handed over to the Corporation shall be free from all encumbrances and procedures laid down in TDR regulations shall be followed.

The Authority shall endorse the entries of payment on such certificate from time to time. It shall maintain a record in a form considered appropriate by it of all transactions relating to the grant of the utilization of reservation credit certificate.

Related Regulations to Rule No. 11- 

You can visit our other blog on Regulation 11 through the below-mentioned links:

Manner of Development of Reserved Site in Development Plan (Accommodation Reservation Principle) in UDCPR 2020