Provision for Amenity Space in UDCPR 2020

Mar 16, 2024

There are general regulations about any construction permissible on land and no piece of land shall be used as a site for the construction of a building if the site is not eligible for it.

If the Authority considers that the site is insanitary, incapable of being well-drained, or is dangerous to construct a building on it then it is not permissible to use this land as a site for construction.

For Example, if the site is in Defense land, Railway region Hilly region, or not drained properly in this case there one cannot construct anything on the land without considering the regulations.

This information about reservations and their use is very important when someone starts actual planning, whether they are land owners, builders, or construction owners. It is a must-know information before purchasing land or starting construction on the land

UDCPR 2020 Chapter 3 is all about General Land Development Requirements.

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. 3.5 Provision for Amenity Space

Amenity Space is space to be left for the government for planning various public amenities like schools, hospitals, libraries, fire stations, police chowki, etc.

This space is to be handed over to the government and the owner gets FSI as compensation for the land. (In short, there is only loss of space but no loss of FSI)

3.5.1

In the areas of Local Authorities, Special Planning Authorities, and Metropolitan Region Development Authorities, Amenity Space as mentioned below on gross area after deducting area under reservations/roads in the Development Plan including proposals of road widening therein, shall have to be provided in any layout or subdivision of land or proposal for development.

Area of Land	Minimum Amenity Space to be provided
a) less than 20000 sq.m	Nil
b) 20000 sq.m or more	5% of the total area.

These amenity spaces shall be developed by the owner for the uses mentioned in the definition of amenity. However, the Authority may insist for handing over the amenity space to the Authority, if it is required for the following six purposes only. If it is not required for the following six purposes and required for other purposes, it may be taken over by the Authority with the consent of the owner.

i) Garden.

ii) Playground.

iii) Municipal School.

iv) Municipal Hospital.

v) Fire Brigade.

vi) Housing for Project affected Persons.

In such circumstances, amenity space shall be deemed to be reservations/proposals in the Development Plan, and Floor Space Index (FSI) in lieu thereof may be made available in situ on the remaining land. The calculation of this in-situ FSI shall be shown on the layout/building plan. If the owner desires to have TDR against it, instead of in-situ FSI, then he may be awarded TDR. The in-situ FSI or TDR shall be granted only after the transfer of the amenity space to the Authority. The generation of TDR or in-situ FSI shall be equivalent to the quantum mentioned in Regulation No.11.2 of Transferable Development Rights.

Regulation No.11.2 of Transferable Development Rights

Transferable Development Rights (TDR) are compensation in the form of Floor Space Index (FSI) or Development Rights which shall entitle the owner to the construction of a built-up area subject to provisions in this regulation. This FSI credit shall be issued in a certificate which shall be called as Development Right Certificate (DRC).

Development Rights Certificate (DRC) shall be issued by the Authority under his signature and endorsed thereon in writing in figures and in words, the FSI credit in square meters of the built-up area to which the owner or lessee is entitled, the place from where it is generated and the rate of that plot as prescribed in the Annual Statement of Rates issued by the Registration Department for the concerned year.TDR generated within the jurisdiction of a particular Authority shall be utilized within the jurisdiction of the same Authority as per this regulation.

Provided that:-

i) This regulation shall not be applicable where separate amenity space is mandated by the Government while sanctioning modification proposals under section 37 or 20 of the Act. In such cases, the development of the amenity shall be governed by the conditions mentioned in the said notification.

ii) Amenity space shall be approachable by a minimum of 12.0 m. wide road except for the cases where 12.0 m. the approach road to the site is not available. If in the case of B & C Class Municipal Councils, Nagar panchayats, and R.P. areas, such amenity space may be located on 9 m. road, however, in such cases, special buildings on amenity plots shall not be allowed.

iii) This regulation shall not be applicable to Regulation No.4.8.1, (i.e.Regulation for allowing Residential/Commercial users in Industrial Zone), wherein separate provision of land for public amenities/utilities is made.

iv) This regulation shall not be applicable where the entire development permission is for amenities specified in the definition of amenity space in these Regulations and also for uses other than residential permissible in an agricultural zone. This regulation shall also not be applicable, if construction on the entire plot is for a hotel building or IT establishment/building.

v) This regulation shall not be applicable to the Town Planning Scheme area under the M. R. & T. P. Act, 1966, or similar schemes permitted in agricultural zones.

vi) This regulation shall not be applicable for revision of earlier sanctioned development permissions granted under the regulations in force prior to these regulations and work is commenced, where no such amenity space has been provided in development permission sanctioned earlier.

viii) If some amenity space is provided in the earlier permission, then the quantum of such amenity space in the revised permission:-

a) Shall be limited to the area provided in earlier permission.

b) Shall not be reduced even though the area of such amenity space is more than what is

specified in this regulation.

ix) If the owner agrees to construct the amenity and hands it over to the Authority with the consent of the Authority, then he shall be entitled for amenity TDR/in-situ FSI as per Regulation No.11.2.

x) The development in amenity space shall be allowed up to the building potential mentioned in Regulation No.6.1 on Regulations for Congested area in Development Plans/Gaothans of Village settlements in Metropolitan Region Development Authorities and Regional Plans or Regulation No. 6.3. on Permissible FSI

xi) Any other use, not mentioned in these regulations, may be allowed to be developed by the Authority similar to the uses defined as amenity.

3.5.2

In the case of Regional Plan areas, the percentage of amenity space to be provided shall be as mentioned in Regulation No.5.1.8.

Regulation No.5.1.8. Provision of Amenity Space

i) In any layout or sub-division of land for residential purposes admeasuring more than 0.4 Ha. (excluding the area of R.P. roads, road widening, and designations) amenity space shall have to be provided for the areas and specified percentages mentioned in the table below.

Area of Land	Amenity Space to be provided
up to 4000 sq.m	NIL
more than 4000 sq.m	10%

ii) For calculating the area for Amenity Space, the area covered under the development proposal submitted to the Authority shall only be considered.

iii) The owner shall be entitled to develop the Amenity Spaces as per the uses permissible in the Amenity Spaces.

iv) If the owner agrees to handover and the Authority agrees to take over the amenity space, then such Amenity Space shall be deemed to be reservation in the plan and floor space index (FSI) in lieu thereof (1) subject to maximum receiving potential prescribed in these regulations may be made available in-situ on the remaining land. The calculation of this in-situ FSI shall be shown on the layout/building plan. In the areas where TDR regulations are applicable and if the owner desires to have TDR against it, instead of in-situ FSI, then he may be awarded TDR. The in-situ FSI or TDR shall be granted only after the transfer of the Amenity Space to the Authority. The generation of TDR or in-situ FSI shall be equivalent to the quantum mentioned in the Regulation of TDR.

v) Proviso of Regulation No.3.5.1 shall be applicable to this regulation.

3.5.3 Development of Amenity Spaces in Earlier Sanctioned Layout

Amenity spaces, which are earmarked in the layout sanctioned tentatively or finally earlier and not so far developed, may also be allowed to be developed for any of the uses mentioned in this regulation. Such amenity buildings may be allowed to be developed on the road on which such amenity space is located in the sanctioned layout. However, special building shall require a front road as specified in Regulation No.3.3.9.

Regulation No.3.3.9. Access Provisions for Special buildings in Regulation No.1.3(93)(xiv)

For special buildings, as mentioned in 93(xiv) under Regulation No.1.3, the following additional

provisions of means of access shall be ensured;

(a) The width of the main street on which the plot abuts shall not be less than 12.0 m. in non- congested area and shall not be less than 9.0 m. in a congested area, and one end of this street shall join another street of width not less than at least 9.0 m. (1) in congested areas and 12.0 m. in non-congested areas.

(b) The marginal distances on all its sides shall be a minimum of 6.0 m., and the layout for the same shall be approved taking into consideration the requirements of fire services, and the margins shall be of a hard surface capable of taking the weight of fire engine, weighing up to 45 tonnes. The said marginal distances shall be kept free of obstructions and shall be motorable.

(c) Main entrances to the plot shall be of adequate width to allow easy access to the fire engine, and in no case shall it measure less than 6.0 m. The entrance gate shall fold back against the compound wall of the premises, thus leaving the exterior accessway within the plot free for movement of fire engine/fire service vehicles. If the main entrance at the boundary wall is built over, the minimum clearance (headroom) shall be 4.5 m.