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

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

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

Rule No. 2.2 Procedure for Obtaining Development Permission/Building Permission/Commencement Certificate

2.2.1 Notice/Application

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

2.2.2 Information Accompanying Notice/Application

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

2.2.3 Ownership title and area

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

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

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

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

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

iv) Any other document prescribed by the Authority.

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

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

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

2.2.4 Key Plan or Location Plan

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

2.2.5 

(a) Sub-division/Layout plan

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

i) Scale including a graphical scale used and north point

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

iii)  Dimension of plots

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

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

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

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

viii) Contour plan of the site, wherever necessary.

(b) Amalgamation Plan

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

2.2.6  Site Plan

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

xv)  Existing alignments of water supply and drainage lines.

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

2.2.7  Building plan

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

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

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

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

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

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

vi) Show relative levels of street

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

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

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

x) Details of parking spaces provided

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

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

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

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

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

2.2.8 Building Plans for Special Buildings

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

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

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

c) Location and details of lift enclosures.

d) Location and size of fire lift.

e) Smoke stop lobby/door, where provided.

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

g) Vehicular parking spaces.

h) Refuge area, if any;

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

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

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

l) Smoke exhauster system, if any;

m) Details of the fire alarm system network

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

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

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

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

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

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

2.2.9 Service plan

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

2.2.10 Supervision

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

2.2.11 Clearance from Other Departments

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

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

2.2.12 Building/Layout Permission Scrutiny Fee
 

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

Note -

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

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

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

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

additional development work.

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

Government.

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

time.

2.2.13 Development Charges

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

Provided that,

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

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

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

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

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

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

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

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

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

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

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

2.2.14 Premium Charges and Fire Infrastructure Charges

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

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

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

A) Option- 1 

 a) Building below 70.0 m. height.

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

B) Option - 2

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

Notes :

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

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

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

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

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

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

2.2.15 Structural Stability Certificate

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

2.2.16 Signing the Plan

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

2.2.17 Size of Drawing sheets

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

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

2.2.18 Colouring Notations for Plans

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

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

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

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

Related Regulations to Rule No. 2- 

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

Commencement of Work in UDCPR 2020

Various Regulations in Chapter 2 in UDCPR 2020

Procedure During Construction in UDCPR 2020

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

Discretionary Powers Interpretation in UDCPR 2020

Grant or Refusal of Permission in UDCPR 2020

Permission from the Planning Authority is Mandatory in UDCPR 2020