Permission from the Planning Authority is Mandatory in UDCPR 2020

Apr 05, 2024

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. 2.1 Permission from the Planning Authority

2.1.1 Necessity of Obtaining Permission

No person shall carry out any development work including the development of land by laying out into suitable plots or amalgamation of plots or development of any land as a group housing scheme or to erect, re-erect or make alterations or demolish any building or cause the same to be done without first obtaining a separate building permit/development permission/commencement certificate for each such development work/building from the Authority. As stipulated in section 18/46 of the Maharashtra Regional and Town Planning Act, 1966, no such permission shall be in contravention of the Regional Plan, Development Plan proposals as the case may be.

2.1.2 Permission Not Necessary

No such permission shall be necessary for :-

i) Carrying out of works in compliance with any order or direction made by any Authority

under any law in force for the time being.

ii) Carrying out of works by any Authority in the exercise of its powers under any law for the time being in force.

iii) The excavation (including excavation of wells) was made during the ordinary course of agricultural operation.

iv) The construction of a road intended to give access to land solely for agricultural purposes.

v) Normal use of land which has been used temporarily for other purposes like marriage pandals or for festive occasions, etc. on private land.

vi) Provision of safety grills to window/ventilator.

vii) Distribution/receiving substation of the electric supply company.

viii) Installation of solar panels having a base of the solar panel at a height of up to 1.8 m. from the terrace, ensuring structural stability from the Licensed Structural Engineer.

ix) Providing internal lightweight partitions/cabins in the commercial building/establishment with a certificate of structural stability from the Licensed Structural Engineer.

x) Temporary structures for godowns/storage of construction materials within the site.

xi) temporary site offices, sample flats and watchman chowkys within the site only during the phase of construction of the main building.

xii) Temporary structures for the storage of machinery before installation for factories on industrial lands within the site.

xiii) Labour camps for construction sites, provided adequate water supply and sanitation facilities are provided and safety is ensured.

xiv) Construction of temporary sets for film/TV serial/advertisement shooting and like activities for a period not more than one year, subject to intimation to the authority.

xv) Building on plot area up to 150 sq. mt. (low-risk category) and on plot area more than 150 sq. mt. up to 300 sq. mt. (moderate risk category) subject to compliance as per APPENDIX - K.

2.1.3 Development Undertaken on behalf of Government

As per the provisions of Section 58 of the Maharashtra Regional and Town Planning Act, 1966 the office in charge of the Government Department shall inform in writing to the Authority of the intention to carry out its purpose along with details of such development or construction as specified below and as certified by the Government Architect/Architect/Technical personnel :-

i) An official letter by the authorized officer of the Government Department addressed to the Authority, giving full particulars of the development work or any operational construction.

ii) Ownership document and measurement plan issued by the Competent Authority of Land Records Department.

iii) Development/building plans conforming to the provisions of the Development Plan/Regional Plan and these Regulations for the proposed development work to the scale specified in these Regulations.

iv) The proposals of the Development Plan or Town Planning Scheme or Regional Plan affecting the land.

v) A Site Plan (of required copies) of the area proposed to be developed to the scale.

vi) Detailed plan (of required copies) showing the plan, sections and elevations of the proposed development work to the scale, including existing building specifying either to be retained or to be demolished.

2.1.4 Operational Constructions

No permission shall be necessary for the operational construction of the Government or Government undertaking, whether of a temporary or permanent nature, which is necessary for the operation, maintenance, development or execution of any of the following services:

a) Railways

b) National Highway

c) National Waterway

d) Airways and Aerodromes and Major Ports

e) Posts and Telegraphs, Telephones, Wireless, Broadcasting and other like forms of Communication excluding Mobile Towers.

f) Regional grids, towers, gantries, switchyards, control rooms, and relay rooms for transmission, distribution, etc. of electricity.

g) Defence Authorities

h) Any other essential public service as may be notified by the State/Central Government.

i) The following constructions for operational purposes of new railway lines or tracks by the Metro Rail Administration (MRA)/Project Implementing Agency designated by the Government for the Metro Rail and Monorail/Light Rail Transit (LRT) Project.

"Operation Control Centre, Playback Training Room. Administration Building, Stabling Yards, Maintenance Workshop and Training Centre, Auto Car Wash Plant and Auto Wash Plant, Auxiliary Rail Vehicle Building, Under Floor Wheel Lathe and Blow Down Plant, Cooling Tower, Generator Area, Auxiliary Sub-station, Traction Sub-station, Transformer Area, Water Treatment Plant, Waste Water Treatment Plant, Deport Control Centre, sump Area, Parking, Check Post, Loading and unloading areas, Fouling Points, DG set Rooms, Metro and Mono stations (underground and elevated), Viaduct and tunnel, Ventilation Shaft, Entry / Exit Blocks, Passages, Underground passage to Station box, Lifts, Staircases, Escalators, Transit accommodation / Guest rooms, Metro Stations / Depots on property owned by it in all Use Zones, Air Handling Unit, Fire staircase, Fire lift and fire passages, Refuge area, thereto."

j) Facilities & services such as Roads, Water Supply, Sewerage, Storm Water Disposal and any other essential public services carried out by the State/Central Government or its undertakings / Bodies or the Local Bodies including :-

(a) Maintenance or improvement of highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street; or

(b) Inspecting, repairing or renewing any drains, sewer mains, pipes including gas pipes, telephone and electric cables, or other apparatus including the breaking open of any street, or other land for the purpose.

Provided that the concerned authority shall inform the Planning Authority in writing at the earliest and pay the necessary restoration charges to the Planning Authority within a month. The restoration charges shall not be more than the expenditure to be incurred by the Authority to restore the road etc. along with supervision charges, if any.

All such constructions shall, however, conform to the prescribed requirements for the provision of essential services, water supply connections, drains, etc. to the satisfaction of the Authority.

2.1.5 Constructions Not Covered under the Operational Constructions

The following constructions of the Government Departments do not come under the purview of operational construction for the purpose of exemption. In such cases, intimation to the authority as mentioned in above regulation shall be necessary.

a) New residential buildings (other than gate lodges, quarters for limited essential operational staff and the like), roads and drains in railway colonies, hospitals, clubs, institutes and schools in case of railways.

b) A new building, new construction or new installation or any extension thereof, in case of any other services other than those mentioned in these regulations.

2.1.6 Temporary Constructions

Permission shall be necessary for carrying out temporary construction. The Authority may grant permission for temporary construction for a period not exceeding six months at a time and in the aggregate not exceeding a period of one year. Such permission may be given by him for the construction of the following, viz. :-

(i) Structures for protection from the rain or covering of the terraces during monsoon only.

(ii) Pandals for fairs, ceremonies, religious functions, etc. on public land.

(iii) Structures of exhibitions/circuses etc.

(iv) Structures for ancillary works for quarrying operations in conforming zones.

(v) Government milk booths, telephone booths, MAFFCO stalls and ATM Centres.

(vi) Transit accommodation for persons to be rehabilitated in a new construction.

(vii) Structures for educational and medical facilities within the site of the proposed building during the phase of planning and constructing the said permanent buildings.

(viii) Ready mix concrete plant.

Provided that, necessary documents along with necessary scrutiny fees shall be submitted by the applicant along with the application for temporary construction.

Provided that, temporary constructions for structures etc. mentioned at (vi), (vii) and (viii) may be permitted to be continued temporarily by the Authority, but in any case not beyond completion of construction of the main structure or building and that, structure in (iv) and (v) may be continued on annual renewal basis by the Authority beyond a period of one year.

Provided further that approval of the Chief Fire Officer of the authority shall be obtained, wherever necessary.

2.1.7 Repairs to Building

The permission shall not be required for the following types of repairs to existing authorised buildings, which do not amount to additions or alternations. Only intimation to the Authority by the owner along with the certificate of licensed personnel shall be given.

i) Changing of doors and windows in the same position.

ii) Strengthening of existing walls, and existing roof in the same position.

iii) Any other items similar to the above.