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.

9.11 Basements

9.11.1 

Basement shall generally be constructed within the prescribed setbacks/margins with one or more levels.

The following uses shall be permissible at free of FSI.

i) Air-conditioning equipment and other machines used for services and utilities of the building;

ii) Parking spaces;

iii) D.G. set room, meter room, and electric substation (which will conform to required safety requirements), Effluent Treatment Plant, suction tank, and pump room;

iv) Storage (only for use of Data Centre)

The following uses shall be permissible and counted in FSI.

a) Storage of household or other goods or ordinarily non-combustible material incidental to principle use;

b) Strong rooms, bank lockers, safe deposit vaults, laundry room, Radio/laser therapy, post mortem room, mortuary, medical shop and, cold storage for hospital building, etc.

c) Commercial use in the first basement is in the case of shopping centres/shopping malls.

d) Uses strictly ancillary to the Principal use.

e) Nursing quarters are used as an ancillary to the hospital in the first basement, if it is 0.9 m. to 1.2 m, above ground level with proper ventilation.

Provided that,

i) If the basement is proposed flushing to average surrounding ground level, then such a basement can be extended in side and rear margins up to 1.5 m. from the plot boundary.

ii) Multilevel basements may be permitted if the basement is used for parking. 9.11.2 The basement shall have the following requirements -

9.11.2 The basement shall have the following requirements -

a) Every basement shall be in every part at least 2.4 m. in height from the floor to the soffit of the beam.

b) Adequate ventilation shall be provided for the basement with a ventilation area not less than 2.5% of the area of the basement. Any deficiency may be met by providing adequate mechanical ventilation in the form of blowers, exhaust fans or air-conditioning systems, etc.

c) The minimum height of the ceiling of any basement shall be 0.9 m. and the maximum shall be 1.2 m above the average surrounding ground level. However, it does not apply to the mechanically ventilated basements. In such cases, the basement may also be allowed to flush to the average ground level.

d) Adequate arrangements shall be made to ensure that surface drainage does not enter the basement.

e) The walls and floors of the basements shall be water-tight and be so designed that the effect of the surrounding solid and moisture, if any, is taken into account in the design and adequate damp proofing treatment is given. In the case of a special building, where, the movement of a fire-fighting vehicle is proposed on the basement flushing to the ground level, the slab of the basement shall be designed to withstand the pressure of a fire-fighting vehicle.

f) The access to the basement shall be separate from the main and alternate staircase providing access and exit from higher floors. Where the staircase is continuous, the same shall be enclosed type serving as a fire separation from the basement floor and higher floors. Open ramps shall be permitted subject to the provision of Regulation No.9.12.

Related Regulations to Rule No. 9

Habitable Rooms 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

Click Below to go to Services

 Project Management Consultant (PMC) 

 Find a Builder For Redevelopment 

Deemed Conveyance

Feasibility Report

 Structural Audit 

Introduction

We understand that redevelopment is the most critical, risk-oriented process in the lifespan of society. Society members have to go through huge problems & worries during the decision-making process. But with the help of a good project management consultant, this process will reduce the worries of all members. The process must have the following factors.

1. Maximum benefit to all society members. 
2. Impartial service to all members. 
3. Consultation for smooth process & easy decision-making 
4. Safeguarding society's rights.

Let’s understand the whole process of redevelopment at a glance

For a successful redevelopment, society must go through the following process.

1. Smooth redevelopment 
2. Frequently asked questions(faq)
3. Step-by-step redevelopment
4. Redevelopment document/lists
5. Supervision
6. Agencies & members involved in the redevelopment process
7. Successful redevelopment   

Here is each point explained in detail.                                          

SMOOTH REDEVELOPMENT

Difference between Restoration and Redevelopment?

In restoration, the existing building is extensively repaired and restored to its original condition. In redevelopment, the existing building is demolished, and a new structure/building with prevailing bylaws and additional FSI/TDR is constructed.

What Are The Advantages Of Redevelopment?

1. In the case of a building's restoration by major repairs, though the beams and pillars are strengthened externally, the inner core, which consists of steel rods, cannot be restored to its original condition. Hence, even after extensively repairing the building, there are bound to be umpteen complaints about leakages requiring frequent repairs. In the case of redevelopment, the entire structure being brand new, it will be free from complaints. 
2. The new building will accommodate various modern facilities & amenities with the current trends of society.
3. Well-planned and designed flats with earthquake structures.
4. The corpus fund received by each individual member will cover the increase in the premises' maintenance cost or could be utilized for other purposes.
5. Additional carpet areas will be received as compensation from the developer. 
6. The owner can buy additional space (if available) from the developer at the best available price.
7. Modern facilities/amenities/gadgets like lifts, intercom systems, smoke detectors, fire fighting alarm systems, concealed plumbing, concealed wiring for electricity, telephone, cable TV, etc. Will be available. (depends upon an offer from developers)
8. Additional parking will be available with new norms of authority.
9. Electrical, plumbing, tiles, parking spaces & other specifications will follow modern trends.

Disadvantages Of Redevelopment

1. For a considerable period of time, members are required to give up possession of their flats, which disrupts their age-old routine.
2. If converted to commercial complexes, residential complexes are seldom preferred for housing purposes or dwellings.
3. The additional areas received will attract stamp duty and registration charges at the current market price.
4. There is always a fear of a halfway stalled project resulting in a court case. ( but a good project management consultant can reduce this risk by verifying of all steps in the redevelopment process)
5. New construction with all kinds of amenities will increase the cost of maintenance to be paid to society. 

Guidelines For Smooth Redevelopment 

1. All members of society should be confident in the redevelopment process.
2. The tender process should be transparent & as per the provision of cooperative society housing bye-laws
3. The appointment of a builder/developer/contractor should not be arbitrarily made. The agreement with them should be legally sound, technically complete, and clearly mention all possible building specifications. It should clarify all things like carpet area, amenities, corpus fund, shifting charges, rent of temporary accommodation, any betterment charges, etc.
4. The role & responsibility of the project management consultant should be clear & their services should be impartial.
5. Society should not go for a redevelopment process without a feasibility report from a project management consultant.

Frequently Asked Redevelopmenent Questions (FAQs) 

Q.1 Whether individual consent of all the members is required for redeveloping the society’s buildings or only a resolution by the general body will be sufficient?

• In the case of the apartment (registered under the association of apartments) a written consent is required from each & every member. But in the case of housing society a written consent from 51% of members is required for redevelopment. 

(As per govt. GR)

Q.2 What is the consequence if consent is not received from all the members for carrying out redevelopment?

• If all the members of the society do not give their consent for redevelopment, the concerned authorities, such as the Dy. Registrar of co-operative societies, will not grant permission for redevelopment.

Q.3 Can a member change his decision after giving his consent in writing for redevelopment?

• Consent obtained from the members is irrevocable and embossed with rs.100/- stamp. Hence, once consent is given by a member, it cannot be revoked. Only if a member has a strong reason to retract his consent does he have to follow the legal procedure for proving his point of discontent for retracting his consent.

Q.4 Can a minority of members stall the process of redevelopment?

• It depends on what proportion of minority is stalling the development and the reasons behind stalling the project. If the reasons for stalling the project are strong, then redevelopment cannot proceed unless the issues with them are settled.

Q.5 Can one or two members hold the society to ransom on flimsy grounds?

• No member of the society can hold the society to ransom on flimsy grounds. The society will have to initiate action against such members.

Q.6 What action can the society initiate against those members who oppose such kind of a move that is supported by a huge majority

• Then society can issue show cause notice to the members and take action even to the extent of expulsion from the society.

Q.7 Does a society require forming a redevelopment committee or can a managing committee carry out the job independently?

• The general body has the power to decide on this issue. Appointing a redevelopment committee is not mandatory but is highly recommended to ensure transparency in the dealings.

Q.8 What are the powers of the redevelopment committee?

• The general body has to decide on the powers to be allocated to the redevelopment committee. Generally, the following powers are to be given to the redevelopment committee:
•  to approve or reject the proposal placed before them by the managing committee of the society.
• To give suggestions, if any, regarding the proposal placed before them by the managing committee.

Q.9 What is the tenure of the redevelopment committee?

• Generally, the tenure of the redevelopment committee should be from the start of the project to the completion of the project to ensure the continuity of the control of the project.

Q. 10 Whether elections are to be held for the selection of members for the redevelopment committee?

• The election rules are not binding on the redevelopment committee. The general body should select it from among senior members of the society who are educated to read and understand the various documents and have an active interest in redeveloping the society.

Q. 11 Can a redevelopment committee/member of a redevelopment committee be terminated?

• If the general body feels that a member of the redevelopment committee or the entire redevelopment committee acts to the detriment of the interests of the society and obstructs the working of the managing committee in carrying out redevelopment, then on the recommendation of the general body, the tenure of a member a redevelopment committee or the entire redevelopment committee can be terminated.

STEP-BY-STEP REDEVELOPMENT PROCESS FOR SOCIETIES

The office bearers of the society are requested to follow the following steps for redeveloping their premises successfully.

1. Conveyance Deed-

Society should reconsider redevelopment only if the society has a conveyance deed in its favor. In case the conveyance deed is not in favor of society, the process for deemed conveyance should be done by appointing an appropriate agency. 

2. Structural Audit-

When a society should consider redevelopment:

1. The first step for deciding on redevelopment is a structural audit report by a structural consultant or project management consultant. This survey has to be carried out for all buildings/structures in the society plot. 
2. The structural audit agency shall reveal the condition of buildings & suggest whether society needs the redevelopment.
3. Without such a report, society can’t go for the redevelopment process.
4. Even if the building is less than 30 years old (building lifespan), but structural reports suggest redevelopment rather than restoration, society can go through redevelopment. 
5. Circulation of structural audit report-

In case of an adverse structural audit report, the society shall circulate the said report to all the members of the society within one month of receipt of such report along with their recommendations and call for the consent of all the members of the society in writing within 14 days of circulation of a report giving their opinion whether they would like to go for repairs or redevelopment. If 75% or more of the total members of the society give their consent for redevelopment to the managing committee, the managing committee will start the process of redevelopment.

3. Starting Redevelopment-

The society in which redevelopment work of the buildings is required to be undertaken, an application of requisition to hold a special general body meeting to consider and discuss the redevelopment project and suggestions on the same, is to be submitted to the hon. Secretary of the managing committee which is properly 

Elected as per the provisions of the society’s bye-laws and also constituted as per. The provisions of the Maces Act 1960. The requisition application is to be signed by not less than 1/4th of the total members of the society.

4. SGM for Redevelopment-

Upon receipt of the requisition for calling the meeting, the managing committee of the society, within 8 days of the receipt of the application, should consider the same and within a period of 1 month, the Hon. The secretary will call the general body meeting of the members of the society giving 14 clear days notice for which acknowledgment will be collected from every member and maintained in the records of the society. The quorum for the SGM shall be 3/4th of the total number of members of the society. If the quorum is not attained, The SGM shall be adjourned for 8 days. 

If there is no quorum in the adjourned meeting also, then the meeting shall be dissolved considering that the members have no interest in the redevelopment of the society. In such a situation, the redevelopment subject cannot be brought before any SGM for its approval for further one year.

In the meeting, 3/4th of the members present in the meeting should agree to redevelopment and then a resolution should be passed for going ahead with the redevelopment of the building and authorizing the managing committee to obtain permission from the deputy registrar of co-operative societies of their respective ward office for redevelopment. A resolution should also be passed authorizing the managing committee to obtain quotations from experienced architects/project management who are impaneled by government/local authorities, for the work of preparing feasibility reports and framing rules/conditions for their work.

5. Permission for Re-Development-

The society shall forward a copy of the structural audit report along with an extract of the re-development resolution passed in the SGM to the dy. Registrar of co-operative societies of their respective ward seeking permission for re-development of their building. (As per GOVT. GR Dy. Registrar permission is no longer required)

6.  Redevelopment Feasibility Report-

Within one month from the date of receipt of permission for re-development from the office of the day. Registrar of co-operative societies, the society should appoint an architect or a project management consultant to survey the project plot/area/FSI/TDR/PMC–rules applicable/technical/financial details including viability, comparison of repairs v/s re-development and submit a feasibility report. This feasibility report should be circulated to all the members of the society within one month from the date of receipt of the report along with the managing committee’s views and their opinions/objections on the same should be called for in writing for discussion in the next special general body meeting.

7.  SGM for Constitution of Re-Development Committee-

1. The society should call for an SGM and since this is an important meeting the quorum for the meeting shall be at least 75% of the members of the society. 
2. The managing committee should discuss the feasibility report in the meeting and if at least 3/4th of the members present in the meeting agree for re-development
3. Then they should pass a resolution to go for re-development of the building and authorize the office bearers to start the procedure to appoint an architect/civil engineer/financial consultant or project Management consultant.
4. In the same meeting, the society should form a “re-development committee” of at least 5 prominent/senior/original members of the society representing each building of the society, to oversee the working of the managing committee

8.  Appointment of Consultants-

The office bearers shall shortlist the architect/civil engineer/ financial consultant/project management consultant for an appointment and recommend their names to the re-development committee to confirm their choices and fees chargeable by this professional/s. The managing committee should call for an SGM and introduce these professionals to the members of the society and give their recommendations. A decision should be taken in this meeting to appoint any or all them of them and fix their duties and fees.

9. Pooling Of Documents for Re-Development-

The society should ask the appointed consultant/s to proceed and go ahead to get all the clearances required for re-development and submit his report on the availability of the following documents with the society:

1. Society registration certificate
2. 7/12 extract/index ii / form no. 6 from the revenue office
3. Conveyance deed
4. Non-Agricultural (NA) order
5. Property card /
6. City survey plan (demarcation)
7. Copy of commencement certificates
8. Copy of completion certificates
9. Proof of payment of stamp duty/registration charges.
10. Copy of paid assessment bill ( water bill, electric bill)
11. Approved building plan
12. Structural Drawings.

10. Tender Floating-

After the technical problems are sorted out, the society should call for a SGM no. 4 to apprise the members of the society’s standing on the various technical points referred to above and convey their views as well as the views of the re-development committee on the matter and seek the approval of the general body to proceed further. In this meeting, all the members of the society should be asked to prepare and submit details of requirements/demands/choices/demands in writing so that the same could be incorporated into the tender document. The general body should pass a resolution and authorize the managing committee to proceed ahead and float tenders by inviting different agencies/builders/developers to give their offers through newspaper notices etc.

11. Opening Of Tenders-

Within one week from the last date for receipt of tenders, the society should call for an SGM no. 5 and open the tenders in front of the members of the society present in the meeting along with the society’s consultants and parties participating in the Tender. The details of offers received should be read out in the meeting and a provisional merit list should be made in the meeting itself.

12. Comparison Statement-

The consultants appointed by the society should study the tender offers in detail and prepare comparative charts and give their recommendations to the managing committee who should satisfy themselves about the recommendations of the consultants and put it up before the re-development committee for their observations. The best offer should be short-listed merit-wise and details circulated to all the members of the society calling for their views.

13. Selection Of Developer / Builder-

The society should call for a SGM no. 6 and after discussing the merits and demerits of all the offers, should select one developer/builder to carry out the redevelopment of the society. In this meeting, the members should agree on the following issues

1. The additional area that they should get as not only in terms of percentage increase in their existing carpet area but also in actual number of square feet.
2. The amount of corpus payable to each member should be clearly expressed in amount of rupees besides linkage to their existing carpet area. The break-up and the due dates for payment of the same should also be clearly specified.
3. The amount of rent payable for alternate accommodation should be clearly specified in terms of amount of rupees besides linkage to the existing carpet area. The break-up and due dates for payment of the same should be clearly specified.
4. The amount of shifting charges and the re-shifting charges should be specifically stated.
5. The members should pass a resolution authorizing the managing committee to issue a letter of intent to the developer subject to the above terms and conditions.

14. Letter Of Intent-

The society should circulate the agreed terms and conditions to all the members of the society and obtain an irrevocable letter of consent addressed to the society, the builder, PMC, dy. Registrar of co-operative societies and other concerned parties. When at least 90% of the members give consent letters to the society, the society should give a letter of intent to the selected developer/builder and request him to furnish plans of the new buildings to be constructed, amenities to be provided, and allotment of flats to members as per the new plan.                    

15. Re-Development Agreement-

On receipt of the plan for the new buildings, the managing committee and the re-development committee members should first approve the same and satisfy themselves that the same is as per their offer. Then, the society should call for a SGM no. 7 for approving the plan of the flats/building and amenities offered by the builder. When the same is approved in the general body, the society should pass 

A resolution to sign a redevelopment agreement with the developer also fixes the date for vacating the old flats and receiving the compensations.          

16. Handing Over The Property For Re-Development-

The developer should then proceed to get the plans approved and obtain i.o.d. From p.m.c. After fulfilling the terms mentioned in the i.o.d., the developer should obtain a commencement certificate up to the plinth. After these conditions are complied with, the society should call SGM no. 8 and pass a resolution for vacating the flats and fixing a date for handing over the vacant possession to the developer and fixing dates for receiving compensation from the developer. The managing committee should issue instructions to the members to vacate their flats by signing individual agreements with the developer and after receiving his dues from the developer.

17. Occupation Certificates-

After construction of the buildings is completed, the society should follow up and ensure that the developer gives, an occupation certificate and regular water connection within 4 months from the date of handing over of the new flats to the members of the society.

SUPERVISION

Either a Project management consultant or a separate agency must be appointed for supervision. This supervision includes many things but a few of them are mentioned below.

1. Analysis & approval for architecture plan.
2. Obtaining, checking & approval of drawing.
3. Checking parking area, carpet area, society utility & service areas, etc.
4. Structural drawing checking.
5. Analysis & approval for submission drawing.
6. Analysis & approvals for site execution drawings.
7. Site visits to verify specifications, & material quality committed by the developer. (as & when required.) 
8. Consultations throughout the redevelopment process at every important situation.

REDEVELOPMENT DOCUMENTS/LISTS

For the successful completion of the redevelopment, the office bearers of the society should be aware of the documents to be kept ready and the documents to be obtained from the builder

Important documents required for Redevelopment

1. Society registration certificate.
2. 7/12 extract.
3. Conveyance deed.
4. Title search report.
5. Index ii
6. N. A. Order
7. City survey plan.( demarcation plan)
8. Approved building plan.
9. Commencement certificate.
10. Occupation certificate
11. Appointment letter to PMC.

Documents to be prepared for Redevelopment

1. Feasibility report.
2. Suggestions from members.
3. Public notice for inviting the tender.
4. Minutes of various meetings.
5. Correspondence with different authorities.
6. Obtaining permission from the deputy registrar.
7. Tender form.
8. Summary of tenders received.
9. Approval of tenders in the general body meetings and preparation of draft and final minutes.
10. Appointment letters to advocates, structural engineers, architects, project management consultants, etc.

Various Agreements & letters are required for Redevelopment

1. Redevelopment agreement.
2. Format of bank guarantee from the builder.
3. Power of authority from the society to the developer.
4. Agreement for alternate accommodation.
5. MOU between the society and builder/developer.
6. Appointment letter from the society to the builder/developer.
7. Revocation/cancellation of power of attorney.
8. Other duties associated with an advocate 
9. Possession letter from the builder to the members.
10. Format of the resolution to admit new members.
11. List of documents required to be collected from the builder.
12. Indemnity bond by the developer
13. Consent letters from the members to the society.

What are the requirements from the Developer?

1. Project report from the developer as to how they would develop the property at the offers given by them.
2. Copy of registration certificate.
3. Partnership deed of the developer duly registered or memorandum of association (as the case may be)
4. Name and address of all partners/directors along with their PAN.
5. Address & Pan of the firm.
6. Copy of balance sheet & P/L A/C to understand the financial strength of the firm.
7. Income tax return filed for the last 3 years of the partners/directors of the company.

AGENCIES & MEMBERS INVOLVED IN REDEVELOPMENT PROCESS

1. Society members
2. Society committee members
3. Structural consultant
4. Project management consultant
5. Advocate
6. Dy. Registrar
7. Developer
8. Chartered accountant 
9. Builders architect
10. Building permission authority
11. New members

SUCCESSFUL REDEVELOPMENT

Must know things for successful redevelopment

1. The offer received from the developer should commensurate with the potential of the plot taken for redevelopment as per the architect’s report.
2. The builder should be strictly chosen on the basis of his financial capacity and track record and not on the basis of the highest offer received.
3. The tenders received should be objectively evaluated by an able architect appointed by the society.
4. All the members of the society should give their consent to avoid disputes.
5. Complete details of the offers made by the developer should be clearly understood by all the members of the society and there should be transparency in the dealings.
6. Redevelopment committee should be formed from amongst the other members of the society by including 2/3 members from the managing committee to oversee the entire process to ensure that complete transparency is maintained by the managing committee of the society.
7. All agreements/documents should be got scrutinized by a competent advocate appointed by the society to ensure that there is no lacuna.
8. A Bank guarantee for the total cost of the redevelopment project should be obtained from the developer covering the full period of construction.
9. A penalty clause should be inserted in the redevelopment agreement to ensure proper implementation of the project by the developer.
10. The managing committee and the redevelopment committee members should conduct regular inspections when the construction is in process to ensure that there are no deviations from the plans/offers.
11. Existing society members should vacate their respective premises only after all necessary approvals.
12. Any committee member or office bearer of society should not be the relative of a builder or developer. 

!! Happy redevelopment!!

Click Below to go to Services

 Project Management Consultant (PMC) 

 Find Builder For Redevelopment 

Deemed Conveyance

Feasibility Report

 Structural Audit 

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 12 is all about the Structural Safety, Water supply, Drainage, and Sanitary Requirements, Outdoor Display, And Other Services in Development Plans as per mentioned in the UDCPR 

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

Rule No. 12.3 Alternatives Materials, Methods of Design, Construction and Tests

1) The provision of the regulations is not intended to prevent the use of any material or method of design or construction, not specifically prescribed by the regulations, provided any such alternative has been approved.

2) The provision of these regulations is also not intended to prevent the adoption for architectural planning and layout conceived as an integrated development scheme.

3) The authority may approve any such alternative provided it is found that the proposed alternative is satisfactory and conform to the provisions of relevant parts regarding material, design, and construction and that material, method or work offered is, for the purpose intended, at least equivalent to that prescribed in the rules in quality, strength, compatibility, effectiveness, fire rating and resistance, durability and safety.

4) Tests : Whenever there is insufficient evidence of compliance with the provisions of the regulations of evidence that any material or method of design or construction does not conform to the requirements of the rules or in order to substantiate claims for alternative materials, design or methods of construction, the Authority may require tests sufficient in advance as proof of compliance. These tests shall be made by an approved agency at the expense of the owner.

5) The test method shall be as specified by the regulations for the materials or design or construction in question. If there are no appropriate test methods specified in the regulations, the Authority shall determine the test procedure. For methods of testing for building materials, references may be made to relevant Indian standards as given by the National Building Code of India, published by the Bureau of Indian Standards. The latest version of the National Building Code of India shall be taken into account at the time of enforcement of these rules.

6) Copies of the results of all such tests shall be retained by the authority for a period of not less than two years after the acceptance of the alternative material.

Related Regulations

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

Signs and Outdoor Display Structures in UDCPR 2020

Drainage and Sanitation Requirements in UDCPR 2020

Water Supply, Drainage, and Sanitary Requirements in UDCPR 2020

Building Services in UDCPR 2020

Quality of Materials and Workmanship in UDCPR 2020

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

Know more about NOC (No Objection Certificate) for Building Construction

Every person who intends to carry out new development and erect, re-erect or make any alterations in any place in a building or demolish any building essential to obtain building permission from local planning authority. Similarly, Building permission is the No Objection Certificate for Building Construction. You can make the application for Construction Noc through registered architect or licensed engineer/ structural engineer, to the authority planning authority.

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What are the documents required for Building Permission?

To obtain construction noc, it is mandatory to submit complete information in the form with all necessary documents. Subsequently, Payment receipt of scrutiny fee and any other fee /charges needs to be attached along with the application for Construction Noc.  Below is the Checklist of documents required for building permission-

a)  Application for Building permission

    b)  Mojani map showing plot boundaries

    c)   7/12 or property card

    d)      Property Fer-Faar (Mutation Entries)

    e)      PREDCR drawing & report

    f)       Zoning Demarcation

    g)      Building drawing as per DC rules 2017

    h)      Structural stability certificate

    i)        Site supervisor Letter

     j)        Owner Registration to PMC

     k)      Tax NOC

 l)        Title & Search Report

m)   Aviation NOC (or elevation certificate)

n)      Society Allotment letter & NOC

o)      Site Photos

p)      Layout Plan (If available)

Procedure for Building Approval

The process involves to obtain building permission is subject to stringent scrutiny. Following are the step by step process involves in online permission-

Step 1.  Procuring all required documents.

Step 2.  Online application with Pre-dcr drawing to get Pre Approval.

Step 3. Offline file submission.

Step 4. Site visit report and order by Building Inspector

Step 5. Payment of Challan.

Step 6. Final stamp on blueprint and get Commencement Certificate.

List of Other NOC required for construction

When you make a dream of new home and opt to execute it, you enter into the pre-approvals’ stage. Many of us know how to take decisions but very few know that there is list of documentation needed for it to come in existence. Every builder and owner of the land has to give applications and documents which are required for building constructions and its clearance. Following are the list of various NOC’s requires for the construction as depends on the project-

a)     Fire Noc

b)     Aviation Noc

c)     Garden Noc

d)     Forest Noc

e)     Heritage Noc

f)      Road Noc

g)     PWD Noc

h)     Irrigation Noc

i)       M.O.U / Development Agreement Noc.

 FAQ about Building Permission-

1.     What are the various factors occurs to get noc for building?

Specifically, Various factors are involved in building permission. However it starts from  the identification and authentication of land, to check that building conforms to all the standards of safety and regulations, distance from road, distance of surrounding buildings, height of proposed construction, and any other criteria set by the local planning authorities arises time to time.

2.     What are the Building Rules in PCMC?

Click here https://pmc.gov.in/sites/default/files/DC%20Rul%202017.PDF
for PMC Building Rules DCPR 2017.

Click here https://www.pcmcindia.gov.in/PDF_forms/Dc_rule.pdf for PCMC Building Rules.

           3.How much time it takes to get Construction NOC?

   Generally, from the date of final application along with necessary documents to local planning authority, it takes upto 25 days or more to obtain Construction Noc or Building PermissionOne should seek this process while constructing a new building. Also it is required at time of extension, Addition of floor, Lift addition  in existing building. Remember, for any interior changes approvals are not required

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