Regulations for Development of Information Technology Establishment, Data Centers in UDCPR 2020
Mar 30, 2024
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.7.8 Regulations for Development of Information Technology Establishment/Data Centers
7.8.1 For Municipal Corporations in Mumbai Metropolitan Region and Pune Metropolitan Region.
Development of Information Technology Establishments/Data Centers shall be regulated as per the Information Technology & Information Technology Enabled Services (IT / ITES) Policy - 2023 as declared by the Industries Department vide Government Resolution No.ITP-2021/CR-170/ IND-2, dated 27/06/2023 and amended from time to time which is mentioned below:-
i) a) The Authority may permit additional FSI as mentioned below over and above the basic permissible F.S.I. to all registered Public and Private IT / ITES Parks / AVGC Parks / IT SEZs or IT Parks in SEZs / Stand-alone IT / ITES units in public IT Park / Data Centers (including IT / ITES units / Data Centers located in Residential / Industrial or any other land use zone in which such users are permissible), which have been approved by the Directorate of Industries, proposed to be set up or already set up under present/previous IT / ITES policies, (hereinafter referred to as the "said unit") by charging a premium of 10% of the land rate for the said land OR if such land is included in Central Business District (CBD) by charging premium of 25% of the land rate for the said land, as prescribed in Annual Statement of Rates for the relevant year of granting such additional F.S.I., without applying guidelines.
| Sr.No | Min. Road width (m) | Max. Permissible FSI |
|---|---|---|
| 1 | 12 | Up to 3 |
| 2 | 18 | Up to 3.5 |
| 3 | 27 | Up to 4 |
Maximum additional FSI permissible shall be as mentioned above or as per Regulation No.6.1 or 6.3, as the case may be, whichever is more.
b) The Authority may permit additional FSI up to 200% over and above the basic permissible F.S.I. to all registered Public and Private IT/ITES Parks/AVGC Parks/IT SEZs or IT Parks
in SEZs/Stand-alone IT/ITES units in public IT Park/Data Centers located in No Development/ Green/Agriculture zones in which such users are permissible, which have been approved by the Directorate of Industries, proposed to be set up or already set up under present/previous IT/ITES policies, (hereinafter referred to as the "said unit") by charging a premium of 10% of the land rate for the said land as prescribed in Annual Statement of Rates for the relevant year of granting such additional F.S.I., without applying guidelines.
Provided that additional FSI above 100% and up to 200% shall be permissible only on plots having an access road of a minimum of 18.0 m. width.
In the case of lessor authorities such as New Town Development Authorities as land owners, such Authorities may recover lease premium for additional F.S.I., if applicable, under their land disposal policy.
In addition to what is mentioned above, ancillary FSI as mentioned in Regulation No.6.1.1 shall be applicable.
The premium for additional FSI, ancillary FSI, Development Charges, and other charges as may be required to be recovered under this regulations shall be allowed to be paid to the Authority in installments with interest @ 8.5% p.a. as per options and conditions mentioned in Regulation No.2.2.14.
Provided further that, the premium so collected shall be shared between the Planning Authority and the Government in the proportion of 50: 50. The share of the Government shall be paid to the concerned Branch office of the Town Planning Department.
(Explanation: Premium charges shall be calculated based on the value of lands under such zones, determined by considering the land rates of the said land as prescribed in the Annual Statement of Rates (ASR). These charges shall be paid at the time of permitting additional F.S.I. by considering the ASR for the relevant year without applying the guidelines.)
ii) A maximum of 40% of the total proposed Built-up area (excluding parking area) inclusive of such additional F.S.I. may be permitted for allied services/support services including commercial and residential activities except polluting activities in IT Parks. The remaining built-up area shall be utilized for the IT / ITES data center.
Stand-alone buildings/Groups of buildings in IT Parks with a minimum built-up area of 20,000 sq. ft. will also be eligible for the above benefits.
iii) Such new unit shall allocate at least 2% of the total proposed built-up area for providing incubation facilities for new units. This area would be treated as a part of the Park to be used for IT activities and eligible for additional FSI benefits accordingly.
iv) Premium to be received by the Planning Authority against availing additional FSI for IT & ITES industries/Data Centers as per provisions in this regulation shall be deposited in a separate account held as provided by the State Government as a separate fund viz. "Critical Infrastructure Fund for IT/ITES Industries" and this fund shall be utilized only for the creation of Critical Infrastructure for IT/ITES Industries/Data Center. The matching contribution from the State Government/MIDC (as a special Planning Authority) will be deposited in the same infrastructure fund.
Provided that in the event, the developer comes forward to provide such off site infrastructure at his own cost, instead of paying the premium as prescribed above, then the Planning Authority may determine the estimated cost of the work by using rates prescribed in the District Schedule of Rates (DSR) of the relevant year, in which order for commencement of such work is issued. The Planning Authority shall also prescribe the standards for the work. After completion of the works, the Planning Authority shall verify and satisfy itself that the same is developed as per prescribed standards and thereafter, by deducting the cost of works, the balance amount of premium shall be recovered from such developer before issuing the Occupancy Certificate.
Provided that, in case the cost of work is more than the premium to be recovered, such additional cost is to be borne by such developer.
v) Permission for erecting towers and antennae up to the height permitted by the Civil Aviation Department shall be granted by the Authority as per the procedure followed for development permission or otherwise as may be decided by the Government.
vi) While developing a site for IT/ITES / Data Center with additional FSI, support services as defined in the IT Policy - 2023 or amended from time to time, shall be allowed.
vii) Notwithstanding anything contained in the Development Control Regulations of Planning Authorities, no amenity space is required to be left for the development of IT/ITES/Data Center buildings.
viii) The Directorate of Industries will develop a web portal on which the developer of every IT park/Data Center will be bound to provide/update detailed information about the names of the units in the park, utilization of built-up area, and activities being carried out, manpower employed in the IT Park for IT/ITES / Data Center and support services on a yearly basis.
If a private IT park / Data Center has availed additional FSI as per the provisions of IT/ITES policy and subsequently it is found that the built-up space in the park is being used for non-IT/ITES / Data Center/commercial activities/any other activity not permitted as per the IT / ITES policy under which the said park was approved, a penal action as below will be taken, the payment shall be shared between the concerned Planning Authority and the Government in the ratio of 3: 1.
a) The misuse shall be ascertained by physical site verification of the said private IT park /Data Center by a team of officers from the Directorate of Industries and the Planning Authority which has approved the building plans of the said private IT park.
b) A per day penalty equal to 0.3% of the prevailing ASR value of the built-up area that has been found to be used for non-IT/ITES activities/Data Centers.
c) The penalty will be recovered from the date of commencement of unauthorized use till the day non-IT use continues.
After payment of the penalty to the concerned Planning Authority which has sanctioned the building plans of the concerned private IT park, the said private IT Park will restore the use of premises to the original purpose for which LOI/Registration was granted. If the private IT Park/Data Center fails to pay the penalty and/or restore the use to its original intended use, the concerned Planning Authority will take suitable action under the Maharashtra Regional and Town Planning Act, 1966, against the erring private IT Park under intimation to the Directorate of Industries. This provision will also be applicable to existing IT Parks.
7.8.2 For areas except areas mentioned in Regulation No.7.8.1 above and expect Regional Plan areas
The regulations mentioned in Regulation No.7.8.1 above shall be applicable to the areas except areas mentioned in Regulation No.7.8.1 above and expect Regional Plan areas with the following modifications. The Authority shall grant additional FSI accordingly.
i) Premium to be paid for additional FSI shall be 15% of the land rates for the said land as prescribed in the Annual Statement of Rates, without applying guidelines.
ii) Sharing of premium between the Planning Authority and the Government shall be 75: 25.
iii) A maximum of 50% of the total proposed Built-up area may be permitted for allied services/support services including commercial and residential activities except for polluting activities.
Stand-alone buildings/Groups of buildings in IT Parks with a minimum built-up area of 20,000 sq. ft. will also be eligible for the above benefits.
7.8.3 For Regional Plan Area
The provisions mentioned in Regulation No.7.8.1 above shall be applicable to the Regional Plan area with the following modifications. The Authority shall grant additional FSI accordingly.
i) In the case of the Regional Plan area, the premium to be paid for additional FSI shall be 5% of the land rates for the said land as prescribed in the Annual Statement of Rates without applying guidelines and shall be paid to the Government through District office of the Town Planning and Valuation Department.
ii) A maximum of 50% of the total proposed Built-up area may be permitted for allied services/support services including commercial and residential activities except for polluting activities. (1)
Note:- 1) In the case of Regulation No.7.8.2 and 7.8.3, no premium shall be chargeable in areas of Planning Authorities, if they are covered under Vidarbha, Marathwada, Dhule, Nandurbar, Ratnagiri and Sindhudurg Districts and no Industry Districts and Naxalism affected areas of the State (as defined in the "Package Scheme of Incentives-2013" of the Industries, Energy & Labour Department of the State.)
2) If additional development potential over and above the maximum permissible development potential mentioned in this provision is permissible under any other provisions of the prevailing Development Control and Promotion Regulations, such additional development potential shall be permissible as per the provisions of the relevant regulations of the prevailing Development Control and Promotion Regulations.
Related Regulations to Rule No. 7
Redevelopment of Existing Buildings in UDCPR 2020
Development of Housing for EWS and LIG 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