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Affordable Housing Scheme in UDCPR 2020

UDCPR 2020 Chapter 14 is all about the Special Schemes 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. 14.3 Affordable Housing Scheme

 

i) The Authority may permit the implementation of the Affordable Housing Scheme in accordance with the provisions of these Regulations. Affordable Housing Scheme (hereinafter referred to as ‘the Scheme’) shall be permissible only on the lands situated within the limits of the Municipal Corporation.

 

a) Affordable Housing Scheme shall be permissible in Residential Zone only and on plots having access from an existing or proposed Development Plan Road having a width equal to or in excess of 18.0 m. or an existing road in respect of which Regular Line of Street has been declared under the relevant provisions of Maharashtra Municipal Corporation Act, for a width of 18.0 m.or more. However, in the case of a proposed road, the land under the said proposed road shall be acquired before the approval of building plans for the Affordable Housing Scheme.

 

b) The minimum plot area for the Affordable Housing Scheme shall be 4000 sq. m., excluding areas under D.P. Roads and D.P. Reservations, if any.

 

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

 

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

 

e) Maximum permissible FSI (including the basic FSI of 1.00) under the Scheme shall be 3.00 on the gross plot area, including mandatory layout recreational open space and Amenity Space. The FSI to be utilized shall be in the proportion of 1:3 for the Affordable Housing Component and the Free Sale Housing Component on 1⁄4th and 3⁄4th part of the land respectively. Thus, affordable housing and free sale housing shall be proposed on the same plot of land but in two separate, independently buildable pockets.

 

f) Under the Affordable Housing Scheme, up to 15%of the total built-up area of the Affordable Housing Component may be used for construction of shops / commercial use as per the direction of Urban Local Body and such commercial built-up area shall be handed over to the concerned ULB free of cost.

 

g) An Affordable Housing Unit shall be a self-contained dwelling unit of 27.88 sq.m. carpet area. However, the carpet area of a Housing Unit shall be 160 sq.ft./25 sq. mt. where the construction under the Rental Housing Scheme/Affordable Housing Scheme, as the case may be, has already commenced.

 

h) The amenity space for Affordable Housing shall be as per these regulations and it shall be proportionately provided in the area earmarked for the Affordable Housing Component and the area kept for the Free Sale Housing component.

 

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

 

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

 

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

 

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

 

No compensation in the form of TDR shall be admissible to the Owner/Developer for the development of such prescribed amenities under this Regulation.

 

b) Irrespective of whether the Owner / Developer develops the prescribed amenity users as per the provisions of Clause (ii) above or fails to do so, the process of handing over the land under such amenity space, along with the developed prescribed amenities, where such prescribed amenities have been developed, shall be completed within one month from the date of application by the Developer / Owner for seeking Occupancy Certificate for the free sale housing component of the Scheme and if such handing over process is not completed within the said period, the occupancy certificate for the free sale housing component of the Scheme shall be withheld by the Authority till such amenity space, along with developed prescribed amenities, where such prescribed amenities have been developed, is handed over to the Authority.

 

c) Under the Affordable Housing Scheme, there shall be a welfare hall and a Balwadi at the rate of 30.0 sq.m. for every multiple or part of 200 residential units and an office for the Co-operative Housing Society at the rate of 30.0 sq.m. per every multiple or part of 500 residential units which shall be treated as a part of Affordable Housing Component and shall not be counted towards the FSI while computing 3.00 FSI on the site and shall be given along with layout / D.P. roads and shops, free of cost to the concerned ULB. These facilities shall be constructed at locations as suggested by the concerned ULB and shall be transferred free of cost to it.

 

iii) Under the Affordable Housing Scheme, off-site infrastructure charges at the rate of 5% of the land rate as given in the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration, Maharashtra State, for the year in which Commencement Certificate is issued (without applying guidelines of ASR), subject to a minimum of Rs.2000/- per Sq.m., shall be paid by the Developer for the built-up area, over and above the normal permissible FSI. This amount shall be paid to the concerned ULB.

 

iv) Release of FSI under the Scheme shall be as follows :-

 

FSO for Affordable Housing Component and the Free Sale Housing Component under the Scheme shall be released in accordance with the following Table No. 14-S

 

Table No.14-S

Sr. NoStages of Release of FSIAffordable Housing ComponentFree Sale Component
1On Grant of Building Permission/Commencement Certificate up to plinth by Commissioner to the Affordable Housing Project3.001.00
2On Completion of 50% BUA of Affordable Component--0.75
3On Completion of 100% BUA of Affordable Component--0.75
4On handing over of 25--0.50
 Total3.003.00


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

 

v) The Affordable Housing Component under the Scheme shall be handed over along with the 1⁄4th part of the total plot of land, free of cost to the concerned ULB.

 

vi)(a) The affordable housing stock created under the scheme shall be allotted by the concerned ULB as follows :

 

Table No.14-T

PercentageAllotment to

Category

of stock

Rate of allotment
50Respective ULBs for use as PAP ownership free of cost tenements or staff quarters or transit accommodation.OwnershipFree of cost
25Government of Maharashtra and its statutory bodies/Govt. undertaking for use as PAP tenements or staff quarters or transit accommodation, staff quarters,OwnershipFree of cost
25As affordable housing by MHADA subject to the general or specific direction of the GovernmentOwnershipFree of cost to MHADA which shall dispose of the same as per its policy and drawl of lots 

 

(b)The affordable housing stock shall be disposed of as per the prevailing policy of MHADA regarding pricing and disposal of its housing stock meant for affordable housing. Each project approved under the Scheme shall be brought to the notice of the government of Maharashtra and its statutory bodies/Government undertakings by means of press advertisement and if the Government of Maharashtra or any of its statutory bodies/Government Undertakings doesn’t place firm requirements for the housing stock earmarked for them in the Scheme before the completion certificate/occupation certificate for the said scheme is issued, the same shall come to the share of MHADA for outright sale as per the prevailing policy of the MHADA.

 

vii)(a) The other aspects of the development of the affordable housing scheme, not specifically dealt with hereinabove, shall be as per the relevant provisions of UDCPR.

 

b) It shall also be permissible for the developer/owner to utilize the FSI available for free sale housing component, fully / partly for any other user otherwise permissible as per UDCPR.

 

c) In case, owing to genuine hardship and site conditions, relaxation in marginal open spaces is sought by the developer/owner, the authority may consider such request, using its discretionary powers under the UDCPR, subject to the condition that in no case shall the clear marginal open space be reduced below 6.0 m. No premium shall be charged for granting such relaxation in marginal open spaces with respect to the affordable housing component of the scheme.

 

Related Regulations

 

You can visit our other blogs related to Regulations 14 through the below-mentioned links:

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

Development of Tourism and Hospitality Services under Community Nature Conservancy around Wild Life Sanctuaries and National Park in UDCPR 2020

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

Slum Rehabilitation for Pune, PCMC, PCNTDA, and Nagpur in UDCPR 2020

 

Urban Renewal Scheme in UDCPR 2020

 

Conservation of Heritage Buildings, Precints, Natural Features in UDCPR 2020

 

Pradhan Mantri Awas Yojana in UDCPR 2020

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

 

Additional Regulations for Kolhapur in UDCPR 2020

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 them.

 

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. 5.4 For Kolhapur Regional Plan

 

Rule No. 5.4.1 Committed Development

 

Instead of Regulation No.5.1.3(i) and (ii), the following regulations shall be applicable for committed development -

 

i) Regarding Committed Development outside the previously Sanctioned Regional Plan of Kolhapur - Ichalkaranji Region :- All development permissions/layout approval granted by the District Collector/Concerned Revenue Authority or any development proposal for which tentative or final approval has been recommended by the concerned Town Planning Office and is pending with the concerned Revenue Authority for demarcation or for final N.A. approval on 12/09/2016 i.e. the date of board resolution for publication of draft R.P. shall continue to be valid for that respective purpose along with approved Floor Space Index.

 

 

Provided that it shall be permissible for the owner to either continue with the permission in toto as per such earlier approval and for that limited purpose, erstwhile regulation shall apply or apply for grant of revised permission under the new regulations. However, in such revision of cases, the premium, if any, shall not be applicable, for the originally approved land use and FSI only.

 

ii) Regarding Committed Development within the ambit of the previously sanctioned Regional Plan of Kolhapur - Ichalkaranji Region.


The development permission/layout approval granted by the District Collector/concerned Revenue Authority within the ambit of the sanctioned Regional Plan of Kolhapur - Ichalkaranji prior to the publication of the Draft Regional Plan, Kolhapur and if the said Development permission/layout is as per the provisions of sanctioned Regional Plan of Kolhapur - Ichalkaranji Region then such permission/layouts shall be treated as valid permission for the respective sanctioned use. These permissions/layouts, if submitted for revised approval, then it should be corrected as per the present sanctioned regulations of the Regional Plan of Kolhapur Region.

 

a) The development permission/layout approval granted by the District Collector/concerned Revenue Authority within the ambit of the sanctioned Regional Plan of Kolhapur - Ichalkaranji and if the said development permission/layout approval is contradictory or adverse to the provisions of sanctioned Regional Plan of Kolhapur - Ichalkaranji Region or Draft Published Regional Plan of Kolhapur Region then such permission/layout shall be treated as illegal and to be canceled with immediate effect.

 

Note :- The layouts that are approved before publication of the Regional Plan but do not fulfill the requirements of the then DCR, such as road width, open space, etc., but are saved as per the above special regulation; in such cases, the building permission shall be granted with 75% of FSI permissible in such zones.

 

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 Regulations for Thane, Raigad, Palghar Regional Plan in UDCPR 2020

 

Additional Regulation for Ratnagiri 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

 

Basements as Requirements of Part of Building 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.

 

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

 

Provisions for Barrier Free Access in UDCPR 2020

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

 

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

 

Rule No. 13.0 General

Special provisions shall be made with respect to certain buildings, as given below. However, this provision shall stand superseded if new directions are issued by the Government.

 

Rule No. 13.1 Provisions for Barrier-Free Access

 

Provisions for barrier-free access in buildings for differently-abled persons shall be as given

below.

 

13.1.1 Definitions

 

i) Non-ambulatory Disabilities :- Impairments that, regardless of cause or manifestation, for all practical purposes, confine individuals to wheelchairs.

 

ii) Semi-ambulatory Disabilities :- Impairments that cause individuals to walk with difficulty or insecurity, individuals using braces or crutches, amputees, arthritics, spastics, and those with pulmonary and cardiac ills may be semi-ambulatory.

 

iii) Hearing Disabilities :- Deafness or hearing handicaps that might make an individual insecure in public areas because he is unable to communicate or hear warning signals.

 

iv) Sight Disabilities :- Total blindness or impairments, which affect sight to the extent that the individual, functioning in public areas, is insecure or exposed to danger.

 

v) Wheel Chair :- Chair used by disabled people for mobility. The standard size of the wheelchair shall be taken as 1050 mm. x 750 mm.

 

13.1.2  Scope

 

These regulations are applicable to all buildings and facilities used by the public such as educational, institutional, assembly, commercial, business, and mercantile buildings constructed on plots having an area of more than 2000 sq.m. It does not apply to private and public residences.

 

13.1.3  Site development

 

The level of the roads, access paths, and parking areas shall be described in the plan, along with the specifications for the materials.

 

1. Access Path/Walkway: The access path from plot entry and surface parking to the building entrance shall be a minimum of 1800 mm. wide having an even surface without any steps. Slope, if any, shall not have a gradient greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to coloured floor material whose colour and brightness is conspicuously different from that of the surrounding floor material or the material that emits different sounds to guide visually impaired persons; hereinafter referred to as “guiding floor material”. Finishes shall have a non-slip surface with a texture traversable by a wheel chair. Curbs wherever provided should blend to a common level.

 

2. Parking :- For parking of vehicles of handicapped people, the following provisions shall be made :-

 

a) Surface parking for two car spaces shall be provided near the entrance for physically handicapped persons with a maximum travel distance of 30.0 m. from the building entrance.

 

b) The width of parking bay shall be minimum 3.6 meter.

 

c) The information stating that the space is reserved for wheelchair users shall be conspicuously displayed.

 

d) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

 

13.1.4 Building Requirements

 

The specified facilities for the buildings for differently-abled persons shall be as follows :-

 

i)  Approach to plinth level

 

ii)  Corridor connecting the entrance/exit for the differently abled.

 

iii)  Stair-ways

 

iv)  Lift

 

v)  Toilet

 

vi)  Drinking Water.

 

i) Approach to plinth level : Every building should have at least one entrance accessible to the differently abled, which shall be indicated by proper signage. This entrance shall be approached through a ramp together with the stepped entry.

 

ii) Ramped Approach: The ramp shall be finished with non-slip material to enter the building. The minimum width of the ramp shall be 1800mm. with a maximum gradient of 1: 12. The length of the ramp shall not exceed 9.0 m. It shall have an 800 mm. high handrail on both sides extending 300 mm beyond the top and bottom of the ramp. The minimum gap from the adjacent wall to the hand rail shall be 50 mm.

 

iii) Stepped Approach :- For the stepped approach, the size of the tread shall not be less than 300 mm. and the maximum riser shall be 150 mm. Provision of 800 mm. high hand rail on both sides of the stepped approach similar to the ramped approach.

 

iv) Exit/Entrance Door :- Minimum & clear opening of the entrance door shall be 900 mm. and it shall not be provided with a step that obstructs the passage of a wheel chair user. Threshold shall not be raised more than 12 mm.

 

v) Entrance Landing :- Entrance landing shall be provided adjacent to the ramp with a minimum dimension of 1800 mm. x 2000 mm. The entrance landing that adjoins the top end of a slope shall be provided with floor materials to attract the attention of visually impaired persons (limited to coloured floor material whose colour and brightness are conspicuously different from that of the surrounding floor material or the material that emits different sound to guide visually impaired persons hereinafter referred to as “guiding floor material”). Finishes shall have a non-slip surface with a texture traversable by a wheelchair. Curbs, wherever provided, should blend to a common level.

 

vi) Corridor connecting the entrance/exit for the differently abled :- The corridor connecting the entrance/exit for the differently abled, leading directly outdoors to a place where information concerning the overall use of the specified building can be provided to visually impaired persons either by a person or by signs, shall be provided as follows :-

 

a)  Guiding floor materials or devices that emit sound to guide visually impaired persons shall be provided.

 

b)  The minimum width shall be 1500 mm.

 

c) In case there is a difference of level, slope ways shall be provided with a slope of 1 : 12.

 

d) Handrails shall be provided for ramps/slope ways.

 

vii) Stair-ways - One of the stair-ways - near the entrance/exit for the differently abled shall have the following provisions :-

 

a)  The minimum width shall be 1350 mm.

 

b) The height of the riser shall not be more than 150 mm. and the width of the tread 300 mm. The steps shall not have abrupt (square) nosing.

 

c)  Maximum number of risers on a flight shall be limited to 12.

 

d) Handrails shall be provided on both sides and shall extend 300 mm. on the top and bottom of each flight of steps.

 

viii) Lifts - Wherever a lift is required as per regulations, provision of at least one lift shall be made for the wheelchair user with the following cage dimensions of lift recommended for a passenger lift of 13 person capacity of Bureau of Indian Standards.

 

Clear internal width1100 mm.
Clear internal width2000 mm.
Entrance door width900 mm.

 

a)  A handrail not less than 600 mm. long at 1000 mm. above floor level shall be fixed adjacent to the control panel.

 

b)  The lift lobby shall be of an inside measurement of 1800 mm. x 1800 mm. or more.

 

c)  The time of an automatically closing door should be a minimum of 5 seconds and the closing speed should not exceed 0.25 m./sec.

 

d)  The interior of the cage shall be provided with a device that audibly indicates the floor, the cage has reached indicates that the door of the cage of entrance/exit is either open or closed.

 

ix) Toilets :- One special W.C. in a set of toilets shall be provided for the use of differently abled with the essential provision of washbasin near the entrance for the handicapped.

 

a) The minimum size shall be 1500 mm. x 1750 mm.

 

b) Minimum clear opening of the door shall be 900 mm. and the door shall swing out.

 

c) A suitable arrangement of vertical/horizontal handrails with 50 mm. clearance from the wall shall be made in the toilet.

 

d)  The W.C. seat shall be 500 mm. from the floor.

 

x) Drinking Water :- Suitable provision of drinking water shall be made for the differently abled near the special toilet provided for them.

 

xi) Designing for Children :- In the buildings meant for the pre-dominant use of the children, it will be necessary to suitably alter the height of the handrail and other fittings & fixtures, etc.

 

Explanatory notes :-


1) Guiding / Warning Floor Material :

 

The floor material to guide or to warn the visually impaired persons with a change of colour or material with conspicuously different texture and easily distinguishable from the rest of the surrounding floor materials is called guiding or warning floor material. The material with different textures gives audible signals with sensory warnings when a person moves on this surface with a walking stick. The guiding/warning floor material is meant to give a directional effect or warn a person at critical places. This flooring material shall be provided in the following areas :-

 

a) The access path to the building and to the parking area.

 

b) The landing lobby towards the information board, reception, lifts, staircases and toilets.

 

c)  Immediately at the beginning/end of the walkway where there is a vehicular traffic.

 

d) At the location abruptly changing in level or beginning/end of a ramp.

 

e) Immediately in front of an entrance/exit and the landing.

 

2) Proper signage :-

 

Appropriate identification of specific facilities within a building for the differently abled persons should be done with proper signals. Visually impaired persons make use of other senses such as hearing and touch to compensate for the lack of vision, whereas visual signals benefit those with hearing disabilities.

 

Signs should be designed and located so that they are easily legible by using suitable letter sizes (not less than 20 mm. high). For visually impaired persons, an information board in brail should be installed on the wall at a suitable height and it should be possible to approach them closely. To ensure safe walking, there should not be any protruding sign which creates obstruction in walking. Public Address System may also be provided in busy public areas.

 

The symbols/information should be in contrasting colours and properly illuminated because people with limited vision may be able to differentiate between primary colours. International Symbol Mark for wheel chair be installed in a lift, toilet, staircase, parking areas, etc., that have been provided for the differently abled.

 

Conservation of Heritage Buildings, Precints, Natural Features in UDCPR 2020

UDCPR 2020 Chapter 14 is all about the Special Schemes 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. 14.5 Conservation of Heritage Buildings, Precints, Natural Features

 

14.5.1 Applicability

 

This regulation will apply to heritage sites which means, artefacts, structures, areas and precincts of historic and/or architectural and/or cultural significance (hereinafter as ‘Listed Buildings/Heritage Buildings and Listed Precincts / Heritage Precincts’’) and those natural features of environmental significance including scared graves, hills, hillocks, water bodies (and the areas adjoining the same) etc. within the areas of Planning Authorities and Regional Plan.

 

14.5.2 Preparation of List of Heritage Buildings, Heritage Precincts and Natural Features

 

The Authority on the advice of the Heritage Committee shall prepare a heritage list and shall issue a public notice in the local newspapers declaring its intention to include the buildings or modify such list of buildings, structures artefacts, areas and precincts of historic and /or cultural significance and the list of natural features of environmental significance, including sacred groves, hills, hillocks, water bodies etc. and invite objections and suggestions from any person in respect of the proposed inclusion within a period of 30 days from the date of such notice.

 

While preparing the list, the authority shall strictly ensure that such structure/precinct has heritage value and is liable for inclusion in the list in view of its national, regional, or local importance as specified in Regulation No.14.5.8. The structure/precinct which does not comply the requirements specified in the said regulation shall not be included in the list. Generally, the following aspects shall be ascertained while preparing the list.

 

a) Its value for architectural, historical or cultural reasons.


b) The date and/or period and/or design and/or unique use of the building or artefact. 

 

c) Relevance to social or economic history.

 

d) Association with well-known persons or events.

 

e) A building or groups of buildings and/or areas of a distinct architectural design and/or style, historic period or way of life having sociological interest and/or community value.

 

f) The unique value of a building or architectural features or artefact and/or being part of a chain of architectural development that would be broken if it were lost.

 

g) Its value as a part of a group of buildings. 

 

h) Representing forms of technological development.

 

i) Vistas of natural/scenic beauty or interest, including waterfront areas, distinctive and/or planned lines of sight, street lines, skyline or topographical features.

 

j) Open spaces are sometimes integrally planned with their associated areas having a distinctive way of life and for which they have the potential to be areas of recreation.

 

k) Industrial sites of historical interest. 

 

l) Archaeological sites.

 

m) Natural heritage sites. 

 

n) Sites of scenic beauty.

 

All such heritage structures shall be documented in the Heritage List Card as given in Appendix-L and the Heritage List Card shall be duly authenticated by the authorised heritage conservationist upon his site visit, stating the significance of the heritage site for its appropriate grading.

 

The Authority shall issue notice to the owner of the buildings, artifacts, areas and precincts of historic and/or cultural significance etc. and invite objections and suggestions from such person in respect of proposed inclusion within 30 days from the date of such notice.

 

The Authority, in respect of any objections or suggestions, shall decide the same after giving a hearing to such persons and send the list as finalised by him to the State Government for approval. The State Government may sanction the said heritage list with modification, if required. This list will be called the Final Heritage List. For this, modification under section 37 or 20 of the Maharashtra Regional and Town Planning Act, 1966, need not be necessary.

 

Thereafter, the Authority may amend the Final Heritage List from time to time as and when required, on the advice of the Heritage Committee. In such case, it shall not be necessary to follow the procedure under Section 37 or Section 20 of the Maharashtra Regional and Town Planning Act of 1966, but the procedure as laid down above in this regulation shall be followed.

 

The heritage lists which have been approved by the Government before coming into force these regulations, shall remain valid and shall be the part of these regulations.

 

14.5.3  Restriction on development, Redevelopment/repairs etc.

 

No development or redevelopment or engineering operations or addition, repairs, renovation including the painting of buildings, replacement of special features or plastering or demolition of any part thereof of the said listed buildings, or listed precincts or listed natural features shall be allowed except with the prior written permission of the Authority. Before granting any such permission, the Authority shall consult the Heritage Conservation Committee to be appointed by the State Government (hereinafter referred to as ‘the said Heritage Conservation Committee’) and shall act on the advice of the Heritage Conservation Committee.

 

Provided that before granting any permission for demolition or major alterations/additions to listed buildings (or buildings within listed precincts) objections and suggestions from the public shall be invited and duly considered by the Heritage Conservation Committee.
Provided that, in exceptional cases for reasons to be recorded in writing the Authority may overrule the advice of the Heritage Conservation Committee.

 

Provided further that the power to overrule the advice of the Heritage Conservation Committee shall not be delegated by the Authority to any other officer.

 

If the application for development, alteration, modification of the Heritage precincts or listed building is rejected under this regulation or while granting such permission any conditions are imposed on the owner which deprives him to use the FSI, the said owner shall be compensated by grant of Development Right Certificate.

 

14.5.4 Incentive Uses for Heritage Buildings

 

After the commencement of this Regulation, the Heritage Precincts or the Listed Buildings shall not be permitted to be used for any commercial or office purpose except with the concurrence of the Heritage Conservation Committee. However, in cases of buildings included in the Heritage Conservation List, if the owner/owners agree to maintain the listed Heritage Building in an ideal state of preservation with due repairs/restorations and if the owner/owners give a written undertaking to that effect, may be allowed by the Authority in consultation with Heritage Conservation Committee to convert part or the whole of the building to commercial/office use/any other different use that is beneficial to the preservation of the same Provided that, if the heritage building is not maintained suitably or if the heritage value of the building is allowed to be spoiled in any manner, the Authority shall withdraw the permission forthwith.

 

14.5.5 Grant of Transferable Development Rights to Owners / Lessees of Heritage Buildings / Heritage Precincts

 

If the owner is deprived of using permissible FSI on the said plot or development permission is granted to him with conditions which deprive him of use of permissible FSI, then he shall be entitled for TDR as decided by the Authority in consultation with Heritage Conservation Committee. The utilization of this TDR shall be as per TDR Regulation.

 

14.5.6 Maintaining Skyline

 

The building included in the heritage precinct shall maintain the skyline, roof profile, built form edges, and respect the architectural style (without any high-rise development) as may be existing in the surrounding area, so as not to diminish or destroy the value and beauty of the said heritage building/heritage precinct. The development within the precinct shall be in accordance with the guidelines framed by the Authority on the advice of the Heritage Conservation Committee.

 

14.5.7 Restrictive Covenants

 

Covenants, terms and conditions, imposed under Regulations existing as of the date of this Regulation, on the leasehold plots either by the State Government or by the Planning Authority, shall continue to be imposed, in addition to the UDCPR. However, in case of any conflict with the heritage preservation interest/environmental conservation and the said Development Control and Promotion Regulations, this heritage regulation shall prevail.

 

14.5.8  Grading of the Listed Buildings/Listed Precincts

 

Grade - IGrade - IIGrade - III
(A) Definitions
Heritage Grade - I comprises Buildings and precincts of National or Historic importance, excellence in architectural style, design technology and material usage and / or aesthetics; associated with a great historic event, personality, movement or institution. They have been and are the prime landmarks of the city and of National importance.Heritage Grade - II (A and B) comprises buildings and precincts of Regional importance, possessing special architectural or aesthetic merit, or cultural or historical significance though of a lower scale than Heritage Grade - I. They are local landmarks, which contribute to the image and identity of the region. They may be the work of master craftsmen or may be models of proportion and ornamentation or designed to suit a particular climate.Heritage Grade - III comprises buildings and precincts of local importance for townscape, they evoke architectural, aesthetic, or sociological interest though not as in Heritage Grade - II. These contribute to determining the character of the locality and can be representative of the lifestyle of a particular community or region and, may also be distinguished by setting on a street line or special character of the façade and uniformity of height width and scale.
(B) Objective
Heritage Grade - I richly deserve careful preservation.Heritage Grade - II deserves intelligent conservation.Heritage Grade - III deserves intelligent conservation (though on a lesser scale than Grade - II and special protection to unique features and attributes.)
(C) Scope for Change
No interventions be permitted either on exterior or interior unless it is necessary in the interest of strengthening and prolonging the life of the buildings or precincts or any part of features thereof. For this purpose absolutely essential and minimum changes would be allowed and they must be in accordance with the original. Repairs shall be with the use of like to like material.

Grade - II (A)


Internal changes and adaptive reuse and external changes may by and large be allowed but subject to strict scrutiny. Care would be taken to ensure the conservation of all special aspects for which it is included in Heritage Grade - II 

 

Grade - II (B)


In addition to the above, extension of an Additional building in the same plot or compound, in certain circumstances be allowed, provided that, the extension / additional building is in harmony with (and does not detract from) the existing heritage buildings or precincts, especially in terms of height, and facade.

External, and internal changes and adaptive reuse would by and large be allowed. Changes can include extensions, and additional buildings in the same plot or compound. However any changes should be such that they do not detract from the existing heritage building/precinct.
(D) Procedure
Development permission for the changes would be given by the Authority on the advice of the Heritage Conservation Committee.Development permission for the changes/additional construction would be given by the Authority on the advice of the Heritage Conservation Committee.Development permission for the changes/additional construction would be given by the Authority on the advice of the Heritage Conservation Committee.
(E) Vistas/Surrounding Development
All developments in areas surrounding Heritage Grade - I shall be regulated and controlled by ensuring that it does not mark the grandeur of or view from Heritage Grade - I  

 

14.5.9 Signs and Outdoor Display Structures

 

No display or advertising signs and outdoor display structures on the listed buildings and/or the Heritage Precincts shall be permitted except in accordance with part X (sign and outdoor display structure) National Building Code of India.

 

Prohibition of advertising signs and outdoor display structures in certain cases :

Notwithstanding the provisions mentioned above no advertising sign or outdoor display structures shall be permitted on buildings of architectural, aesthetic, historic or heritage importance as may be decided by the Authority, Committee or also on Government buildings, save that in the case of Government buildings only such advertising signs or outdoor display structures may be permitted that relate to the activities of the said buildings and related programs.

 

Provided that, if the Heritage Conservation Committee so advises, the Authority shall refuse permission for any sign or outdoor display structure.

 

14.5.10 Composition of Heritage Conservation Committee

 

There shall be a Heritage Conservation Committee for the areas within the jurisdiction of the Planning Authority and Regional Plan area. This Committee shall be constituted by the Government in consultation with the Authority. The committee shall comprise of the following members:-

 

i)Chairman Appointed by the GovernmentChairman
ii)

Joint Director of Town Planning of the Concerned Division
(For the areas excluding Municipal Council and Regional Plan area)

(Assistant Director of Town Planning of the District for Municipal Councils)

Member
iii)Divisional/District Officer of Archaeological Survey of IndiaMember
iv)Divisional/District Officer of Archaeological Survey of MaharashtraMember
v)Convenor, INTACH Local ChapterMember
vi)Heritage Conservation Architect having more than 10 years of experience and membership of the Council of ArchitectureMember
vii)Historians having experience of more than 10 years in the field of History.Member
viii)Structural Engineer having experience of more than 10 years and a member of the Institute of Engineers.Member
ix)City Engineer (Planning Authority)/Chief Planner (Metropolitan Authority or SPA or NTDA)/Chief Officer (Municipal Council)/Assistant Director of Town Planning of the District (Regional Plan area)Member Secretary

 

The tenure of the Chairman and Members of categories (vi) to (viii) above shall change after every three years provided however that, the same person shall be eligible for re-appointment as Member.

 

The Heritage Conservation Committee shall come into existence with effect from the date of its publication in the official Gazette. However, Heritage Committees constituted by the Government before coming into force of these regulation, shall remain in operation till further period as may be specified.

 

No act of the Committee done in good faith, shall be deemed to be invalid by reason only of some defect subsequently discovered in the organization of the Committee or in the Constitution of the Committee or in the appointment of the Member or on the ground that such member was disqualified for being appointed.

 

The Chairman and in his absence, the chosen Member of the Committee shall preside over the meeting of the Committee.

 

14.5.11 The Terms of reference of the Committee :-

 

i) To advise whether development permission should be granted under this Regulation and the conditions of such permission.

 

ii) To prepare a list or supplementary list of buildings, artefacts, structures, areas/ precincts of historic, aesthetic, architectural, and cultural significance and a supplementary list of natural features of environmental significance including sacred groves, hills, hillocks etc., water bodies (and the areas adjoining the same) to which this regulation would apply.

 

iii) To advise whether any relaxation, modification, alteration, or variance of any of the Development Control and Promotion Regulations is called for.

 

iv) To suggest amendments, changes or special regulations or modifications to regulations for listed buildings and the heritage precincts regulated under these regulations

 

v) To advise on the extent of Development Rights to be granted to the owners of listed Buildings or Heritage Precincts.

 

vi) To advise whether development Rights Certificates may be allowed to be consumed in a heritage precinct.

 

vii) To advise whether to allow commercial/office users of any listed building of Heritage Precincts and when to terminate the same.

 

viii) To advise on the erection of outside advertisements/billboards.

 

ix) To recommend guidelines to be adopted by those private parties or any other agency, that sponsors beautification schemes at public intersections and elsewhere.

 

x)  To advise on the cost of repairs to be given to the owners to bring the existing building back to its original condition. For this purpose, the Committee may suggest ways to raise funds through private sources.

 

xi) To advise on special designs and elements and guidelines for listed buildings and control of height and essential façade characteristics such as maintenance of the buildings and to suggest suitable design adopting new materials for replacements, keeping the old form intact to the extent possible.

 

xii) To advise on preparation of guideline relating to design elements and conservation principles to be adhered to and to advise on other guideline for the purpose of this regulation.

 

xiii) To consider any other issue as may be required from time to time during course of scrutiny of development permissions and in overall interest of heritage / environmental conservation.

 

In the absence of a Heritage Conservation Committee, the Authority shall consult the Government before giving such permission.

 

14.5.12 Heritage Conservation Fund

 

i) Heritage buildings included in the said list shall be maintained by the owners of the said buildings themselves, with a view to giving monetary help for such maintenance/repairs a separate fund may be created which would be kept at the disposal of the Authority, who will utilise these funds on the advice of the Heritage Conservation Committee. The Authority may, in such cases disburse an appropriate amount to the owner or may get maintenance/ repair work done through the Planning Authority/Collector.

 

ii)  2% of total development charges collected shall be transferred to the Heritage Conservation Fund.

 

iii) The fund may also be used to support the cost of listing of heritage sites and cost towards expert guidance and fees for architects, engineers and other experts.

 

iv) The Authority shall have the right to remove any unauthorized construction in the property enlisted as a heritage property and recover the expenses of such removal/ demolition work from the owner as per provisions of the Act.

 

v)  The Authority shall have the right to enter into any such heritage property to repair such property to avoid any damage or injury, and the amount shall be spent from the Heritage Conservation Fund and shall be recovered from the owner as arrears of taxes due to the Authority.

 

vi)  If a Heritage structure listed in Grade - I needs conservation, preservation and immediate repairs and if the structure is affected due to vandalism by the occupier/owner, then the Authority shall have the right to acquire such heritage property and conserve its heritage value.

 

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