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Other Various Regulations of Administration in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration 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. 1.6 Applicability of Other Regulations

 

i) CRZ Regulations—Any development within CRZ areas shall be governed by the Coastal Regulation Zone Notification No.S.O.19(E), dated 6 January 2011, and No.G.S.R. 37(E), dated 18 January 2019, as amended or replaced from time to time, wherever applicable.

 

ii) Restriction in Western Ghat Eco-Sensitive Area - The restrictions in the Western Ghat Eco-Sensitive Area imposed by the notification issued from time to time by the Ministry of Environment, Forest and Climate Change, Government of India, shall be followed.

 

iii) Other Regulations - Any other Restrictions imposed under the relevant regulations/Rules/Acts shall also be applicable, wherever applicable.

 

Rule No. 1.7 Power to Prescribe the Proformas

 

Notwithstanding anything contained in any Appendices/Proformas, provisions in respective regulations shall prevail. The Authority, with the approval of the Government, shall have the powers to prescribe proformas/appendices and/or make amendments in the contents of such proformas/Appendices A to M attached with these regulations.

 

Rule No. 1.8 Power to Decide Charges

 

The charges mentioned in these regulations for additional FSI, premium FSI, rate of interest, or for any other matter shall be subject to amendment by the Government from time to time. Wherever the rate of premium is to be decided based on rates mentioned in ASR, the rate in the ASR shall be of the year of granting the permission.

 

Rule No. 1.9 Meanings as in Acts, Rules, and Interpretations

 

i) Terms and expressions not defined in these regulations shall have the same meaning or sense as, in the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra Act No. XXXVII of 1966), the Maharashtra Municipal Corporations Act, 1949, or the National Building Code, 2005, as amended from time to time, and the rules or bye-laws framed thereunder, as the case may be, unless the context otherwise requires.

 

ii)  The Maharashtra General Clauses Act, as amended from time to time, shall be applicable in case of standard terms and phrases as defined and interpreted therein.

 

iii)  In these regulations, the use of the present tense includes the future tense, the masculine gender includes the feminine and neutral genders, the singular includes the plural and the plural includes the singular. The word "person" includes a corporation as well as an individual; "writing" includes printing, typing, and e-communication, and "signature" includes e-signature, digital signature, and thumb impression of a person unable to sign, provided that his name is written below such impression.

 

iv)  Whenever sizes and dimensions of rooms and spaces within buildings are specified, they shall mean clear dimensions unless otherwise specified in these regulations. However, sizes and dimensions may not be disputed with reference to finished/unfinished surfaces unless they affect the overall dimensions of the building.

 

v)  If any question or dispute arises with regard to the interpretation of any of these regulations the matter shall be referred to the State Government, who, after considering the matter and, if necessary, after giving a hearing to the parties, shall give a decision on the interpretation of the provisions of these regulations. The decision of the Government on the interpretation of these regulations shall be final and binding on the concerned party or parties.

 

vi) In the case of provisions of other Acts/Rules/Regulations that are incorporated into these regulations, the amendments made subsequently in parent Acts/Rules/Regulations will automatically be applicable, wherever applicable, to these regulations.

 

vii) If a Marathi version of these Regulations exists and if there is a conflict in the interpretation of any clause between the English and Marathi versions, then the interpretation of the English version shall prevail.

 

Rule No. 1.10 Removal of Difficulties

 

If any difficulty arises in giving effect to the provisions of this Unified Development Control and Promotion Regulations, the State Government may, by order published in the official Gazette, give such directions, as may appear to it to be necessary or expedient for the purpose of removing the difficulty.

 

Provided that, no such order shall be made after the expiry of a period of 1 year from the date of coming into force of this Unified Development Control and Promotion Regulations.

 

Related Regulations to Rule No. 1 -

 

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

 

Short Title, Extent & Commencement Administration in UDCPR 2020

 

Definitions in Administration in UDCPR 2020

 

Applicability of Regulations in Administration in UDCPR 2020

 

Savings in Administration in UDCPR 2020

 

Additional Regulations for Thane, Raigad, Palghar Regional Plan 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 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

 

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

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

 

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

 

Rule No. 2.4 Discretionary Powers - Relaxations In Specific Cases 

 

In specific cases where clearly demonstrable hardship is caused, the Authority may permit any of the dimensions/provisions prescribed by these regulations to be modified provided the relaxation sought does not violate the health safety, fire safety, structural safety, and public safety of the inhabitants of the buildings and the neighbourhood.

 

No relaxation in the setback required from the road boundary, FSI, or parking requirements shall be granted under any circumstances unless otherwise specified in these Regulations.

While granting permission under these regulations, conditions/restrictions/limitations may be imposed on the size, cost, or duration of the structure, the abrogation of the claim of compensation, payment of the deposit and its forfeiture for non-compliance, and payment of premium, as may be prescribed by the Authority, if required.

 

In Municipal Councils and Regional plans, such relaxation shall be granted in consultation with the Divisional Joint Director of Town Planning.


Notwithstanding anything contained in any Government Order, Government Resolution, Government Notification, etc. issued from time to time regarding powers of relaxation in Development Control and Promotional regulations, the above provision shall prevail.

 

Rule No. 2.5 Drafting Error

 

Drafting errors in the Development/Regional Plan, which are required to be corrected as per the actual situation on site or as per the city survey record or sanctioned layout etc. may be corrected by the Authority, after due verification, in case of Municipal Councils Regional Plan areas, this shall be done after consultation with the Divisional Joint Director of Town Planning.

 

Related Regulations to Rule No. 2- 

 

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

 

Commencement of Work in UDCPR 2020

 

Various Regulations in Chapter 2 in UDCPR 2020

 

Procedure During Construction in UDCPR 2020

 

Grant or Refusal of Permission in UDCPR 2020

 

Discretionary Powers Interpretation in UDCPR 2020

 

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

 

Permission from the Planning Authority is Mandatory in UDCPR 2020

 

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

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

 

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

 

Rule No.7.4 Development and Redevelopment of Housing Schemes of Maharashtra Housing Area Development Authority

 

7.4.1

 

Development/re-development of housing schemes of Maharashtra Housing and Area Development Authority shall be subject to the following provisions:-

 

i) The FSI for a new scheme of Low Cost Housing, implemented by MHADA departmentally on vacant lands for Economically Weaker Sections (EWS), Low Income Group (LIG) and Middle Income Group (MIG) categories shall be (1) 3.00 or maximum building potential as per road width (Regulation No.6.1 or 6.2) whichever is maximum, on the (1) Gross Plot Area and at least 60% built-up area in such scheme shall be in the form of tenements under the EWS, LIG and MIG categories, as defined by the Government in Housing Department from time to time.

 

ii) For redevelopment of existing housing schemes of MHADA, containing (i) EWS / LIG and/or (ii) MIG and/or (iii) HIG houses with carpet area less than the maximum carpet area prescribed for MIG, the total permissible FSI shall be (1) 3.00 on the gross plot area.

 

7.4.2

 

Where redevelopment of buildings in existing housing schemes of MHADA is undertaken by the housing co-operative societies or the occupiers of such buildings or by the lessees of MHADA, the Rehabilitation Area Entitlement, Incentive FSI and sharing of balance FSI shall be as follows:-

 

i) Rehabilitation Area Entitlement:- Under the redevelopment of the building in the existing Housing scheme of MHADA, the entitlement of rehabilitation area for an existing residential tenement shall be equal to a sum total of -

 

a) A basic entitlement equivalent to the carpet area of the existing tenement plus 35% thereof, subject to a minimum carpet area of 35 sq.m.

 

b) An additional entitlement governed by the size of the plot under redevelopment, in accordance with Table 7-B below:-

 

Table 7-B

The area of the Plot under RedevelopmentAdditional Entitlement (As % of the Carpet Area of the Existing Tenement)
Up to 4000 sq.mNil
Above 4000 sq.m to 2.0 hect15%
Above 2.0 hectares to 5.0 hect25%
Above five hect to 10 hect35
Above ten hect45%

 

Provided that the entitlement of the rehabilitation area as admissible under this regulation shall be exclusive of the area of the balcony.

 

ii) Incentive FSI - Incentive FSI admissible against the FSI required for rehabilitation, as calculated in (A) above, shall be based on the ratio (hereinafter referred to as Basic Ratio) of Land Rate (LR) in Rs. / sq.m. of the plot under redevelopment as per the Annual Statements of Rates (ASR) and Rate of Construction (RC)* in Rs. / sq.m. applicable to the area as per the ASR and shall be as given in the Table 7-C below:-

 

Table No. 7-C

Basic Ratio (LR/RC)Incentive (As % of Admissible Rehabilitation Area)
Above 6.0040%
Above 4.00 and up to 6.0050%
Above 2.00 and up to 4.0060%
Up to 2.0070%

 

Explanation:-

 

* RC is the rate of construction in respect of R.C.C. Construction, as published by the Chief Controlling Revenue Authority & Inspector General of Registration, Maharashtra State in the Annual Statements of Rates.

 

Provided that the above incentive shall be subject to the availability of the FSI on the Plot under redevelopment and its distribution by MHADA.

 

Further, if there is more than one land rate applicable to different parts of the plot under redevelopment, a weighted average of all applicable rates shall be taken to calculate the average land rate and the basic ratio.

 

Provided further, the Land Rate (LR) and the Rate of Construction (RC) for calculation of the Basic Ratio shall be taken for the year in which the redevelopment project is approved by the authority competent to approve it.

 

iii) Sharing of the Balance FSI:- The FSI remaining in the balance after providing for the rehabilitation and the incentive components, calculated as per (i) and (ii) above respectively, shall be shared between the Co-operative Housing Society and MHADA in the form of built-up area, as given in Table No.7-D below and the share of MHADA shall be handed over to MHADA free of cost.

 

Table No.7-D

Basic Ratio (LR/CR)Sharing of balance FSI
Share of Co-operative SocietyShare of MHADA
Above 6.0030%70%
Above 4.00 and up to 6.0035%65%
Above 2.00 and up to 4.0040%60%
Up to 2.0045%55%

 

Provided that in case of plots up to 4000 sq.m., MHADA without insisting MHADA’s Share in the form of BUA, may allow additional BUA over and above existing BUA up to (1) 3.00 FSI by charging premium at the percentage rate of ASR defined in Table No.7-E below:-

 

Table No. 7-E

LR/RC RatioEWS / LIGMIGHIG
0 to 220%45%60%
2 to 423%49%64%
4 to 625%53%68%
Above 628%56%71%

 

7.4.3

 

Where redevelopment of buildings in the existing Housing Schemes of MHADA is undertaken by MHADA or jointly by the MHADA along with the housing societies or along with the occupiers of such building or along with the lessees of MHADA, the Rehabilitation Area Entitlement shall be as follows:-

 

i) Rehabilitation Area Entitlement:- The Rehabilitation Area Entitlement shall be increased by 15% of the existing carpet area, over and above the Rehabilitation Area Entitlement calculated as per Regulation No.7.4.2(i) above.

 

7.4.4 

 

For the purpose of calculating the FSI, the entire area of the layout including Development Plan roads / Regional Plan Roads and internal roads but excluding the land under the reservation of public amenities shall be considered. Sub-division of plots shall be permissible on the basis of the compulsory open spaces as in these Regulations. For low cost housing schemes of MHADA for EWS/LIG categories, the Regulations of the UDCPR shall apply.

 

The reservations in the MHADA layout may be developed as per the provisions of these Regulations.

 

Provided that there shall be no restriction on the utilization of the FSI permissible under this Regulation except for the restrictions under any law, rule, or regulation.

 

7.4.5 

 

For the purpose of this Regulation, the carpet areas for EWS, LIG or MIG tenements shall be as determined by the Government from time to time.

 

7.4.6

 

 i) For providing the requisite infrastructure for the increased population, an infrastructure charge at the rate of 7% of the Land Rate as per the ASR of the year of approval of the redevelopment project shall be chargeable for the extra FSI granted over and above the basic FSI admissible for the redevelopment schemes. 50% of the Infrastructure Charge levied and collected by MHADA shall be transferred to the Authority for developing necessary off-site infrastructure.

 

ii) No premium shall be charged for the FSI admissible as per the prevailing regulations.

 

a) Construction of EWS/LIG and MIG tenements by MHADA on a vacant plot, or

b) In a redevelopment project for the construction of EWS/LIG and MIG tenements towards the share of MHADA.

 

7.4.7 

 

Notwithstanding anything contained in these Regulations, the relaxation incorporated for the slum rehabilitation scheme shall apply to the Housing Schemes under this Regulation for tenements under EWS / LIG and MIG categories. However, the front open space shall not be less than 3.6 m.

 

7.4.8

 

 i) In any Redevelopment Scheme where the Co-operative Housing Society/Developer appointed by the Co-operative Housing Society has obtained No Objection Certificate from the MHADA, thereby sanctioning additional balance FSI with the consent of 51% of its members and where such NOC holder has made provision for alternative permanent accommodation in the proposed building (including transit accommodation), then it shall be obligatory for all the occupiers/members to participate in the Redevelopment Scheme and vacate the existing tenements for the purpose of redevelopment. In case of failure to vacate the existing tenements, the provisions of relevant sections of the MHADA Act mutatis mutandis shall apply for the purpose of getting the tenements vacated from the non-cooperative members.

 

ii) For the redevelopment of buildings in any existing Housing Scheme of MHADA under clause 7.4.8(i) hereinabove, by MHADA, the consent of the Co-operative Housing Society in the form of a valid Resolution as per the Co-operative Societies Act, 1960 will be sufficient. In respect of members not cooperating

 as per approval of the redevelopment project, action under relevant sections of the Maharashtra Housing and Area Development Act, 1976 may be taken by MHADA.

 

7.4.9 

 

A corpus fund, as may be decided by MHADA, shall be created by the Developer which shall remain with the Co-operative Housing Societies for the maintenance of the new buildings under the Rehabilitation Component.

 

7.4.10 

 

i) In case of the layout of MHADA where development is proposed under this Regulation and where such land is observed to be partially occupied by a slum, under section 4 of the Slum Act existing prior to 1.1.2000 or such other reference date notified by the Govt., then for integrated development of the entire layout area and in order to promote flexibility, MHADA may propose development, including area occupied by the slum, under this regulation.

 

ii) a) Each eligible residential or residential cum commercial slum dweller shall be entitled to a tenement of carpet area of 27.88 sq.m. (300 sq.ft.) and

    

     b) Existing or 20.90 sq.m. whichever is less in case of non-residential.

 

iii) If such land occupied by slum is observed to be affected by reservation then the development of reservation on land occupied by slum shall be regulated by the Slum Regulation.

 

iv) Corpus fund: An amount as may be decided by SRA as per Regulation shall be deposited with MHADA Authority for each eligible slum dweller.

 

 

Related Regulations to Rule No. 7

 

Rule No. 7.0 in UDCPR 2020

 

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

 

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

 

Redevelopment of Existing Buildings in UDCPR 2020

 

Development of Housing for EWS and LIG in UDCPR 2020

 

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

 

Regulation for Development of Biotechnology Parks in UDCPR 2020

 

Incentive for Green Buildings in UDCPR 2020

 

Buildings of Smart Fin Tech Centre in UDCPR 2020

 

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

 

Calculation of FSI Pline and its exemption in UDCPR 2020

For the construction of any building, there is a restriction of floor space to be used. It is called as FSI (Floor space Index). Also, we have to provide distance from the plot boundary which is called as marginal distance or setbacks.

 

UDCPR 2020 Chapter 6 is all about Regulations for FSI & Marginal distance.

 

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

 

Rule No. 6.6 CALCULATION OF BUILT-UP AREA FOR THE PURPOSES OF FSI

 

Outer periphery of the construction floor-wise (P-line), including everything but excluding ducts, voids, and items in Regulation No. 6.8, shall be calculated for the purpose of computation of FSI. The open balcony, double-height terraces, and cupboard shall also be included in the P-line of the respective floor, irrespective of its use/function. If part of the stilt, podium or basement is proposed for habitation purposes or for the construction which is counted in FSI, then such construction shall also be measured in P-line in that respective floor.

 

Rule No. 6.8 EXCLUSION OF STRUCTURES / PROJECTIONS FOR FSI CALCULATION

 

i)  Exclusion of Structures/Projections for FSI Calculation Structures/Projections/features/ ornamental projection of glass façade permitted in marginal open spaces as mentioned in Regulation No.6.7

 

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

 

(c) Ledge for Air conditioning unit as specified in Regulation No.9.5 - LEDGE OR TAND / LOFT

 

9.5.1 Location and Extent

 

Ledge or Tand may be provided at suitable places as per requirement. Lofts may be provided over kitchens, habitable rooms, bathrooms, water closets, and corridors within a tenement in residential buildings, over shops, and in an industrial buildings, as mentioned in below Table No.9-B subject to the following restrictions –

 

i)  The clear head room under the Loft shall not be less than 2.1 m.

 

ii)  Loft in commercial areas and industrial buildings shall be located 2.0 m. away from the entrance.

 

iii)  Loft shall not interfere with the ventilation of the room under any circumstances.

 

iv)  The maximum height of the loft shall be 1.5m.

 

Table No.9-B - Provision of Loft
Sr. No.Rooms over which PermittedMaximum Coverage (Percentage to area or room below)
(1)(2)(3)
1Kitchen/Habitable Room25
2Bathroom, Water Closet, Corridor100
3Shops with widths up to 3.0 m.33
4Shops with a width exceeding 3.0 m.50
5Industrial33

 

9.5.2 Location and extent of Ledge for Air Conditioning unit

 

Ledge for the Air Conditioning unit may be provided on the exterior of wall of the rooms of size not exceeding 0.5 m. x 1.0 m. at the suitable location.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ii)  Stilt/Multi-storeyed floors/podium/basement, if used (2) exclusively for parking including passages (2) and staircase, Lift Duct/Lobby therein and basement used for users mentioned in Regulation No.9.11.1(i) to (iii).

 

iii)  Areas covered by Porches, Canopies, lofts, ledge or tand, shelves, Air Conditioning Plant Rooms, Lift Well, Lift-Machine Room, and Service Floor of height not exceeding 1.8 m. height or as permissible as per Regulation No.9.33 below the beam, for hospitals, shopping malls, plazas, and Star category hotels (rating with three stars and above) and like buildings, other buildings above 15.0 m. in height.

 

iv)  Area of structures for water, grey water, wet-waste or an effluent treatment plant, rainwater harvesting Pump rooms, electric cabin of sub-stations/of generator set area, electric meter rooms as per requirements, Refuge chutes/garbage chutes/garbage shafts for wet and dry garbage separately with collection chambers.

 

v)  Rockery, Well and well structures, Plant Nursery, Water Pool, platform around a tree, Fountain, bench, Chabutara with open top and unenclosed sides, Ramps, Compound wall, Gate, slide/swing, Steps outside the buildings, Domestic working place (open to sky), Overhead water tank on top of the building, Refuge area for high rise buildings as specified in Regulation No.9.29.6

 

vi)  Telecommunication tower, antenna, and allied activities.

 

vii)  Atrium may be allowed in any type of building. Such an atrium may be allowed to be enclosed on top by a transparent or opaque sheet.

 

viii)  Open to sky terraces, top of the podium, open to the sky swimming pool on the top terrace and top of the podium with plant room.

 

ix)  Structures permissible in recreational open space as per Regulation No.3.4.7 - Structures permitted in Open Space

 

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

 

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

 

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

 

iii)  No detached toilet block shall be permitted.

 

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

 

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

 

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

 

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

 

Related Regulations to Rule No.6 - 

 

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

 

What are the Regulations for Height of Building in UDCPR 2020

 

What are the Projections allowed in Front and Side Margin as per UDCPR 2020?

 

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

 

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

 

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

 

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