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

Mar 07, 2024

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. 6.3 Permissible FSI

Permissible basic FSI, additional FSI on payment of premium, Permissible TDR Loading on a plot in a non-congested area for Residential and Residential with mixed uses and other buildings in developable zones like residential, commercial, public-semi-public, etc. shall be as given in Table 6-G below :-

Table 6-G
Sr. No.	Road width in meters	Basic FSI	For all Municipal Corporations (2) CIDCO as Planning Authority by Virtue of NTDA			For remaining Authorities/Areas
			FSI on payment of premium	Maximum permissible TDR loading	Maximum building potential on plot, including in-situ FSI	FSI on payment of premium	Maximum permissible TDR loading	Maximum building potential on plot, including in-situ FSI
1	2	3	4	5	6	7	8	9
1	Below 9.0 m.	1.10	--	--	1.10	--	--	1.10
2	9.0 m. and above but below 12.0 m.	1.10	0.50	0.40	2.00	0.30	0.30	1.70
3	12.0 m. and above but below 15.0 m.	1.10	0.50	0.65	2.25	0.30	0.60	2.00
4	15.0 m. and above but below 24.0 m.	1.10	0.50	0.90	2.50	0.30	0.70	2.10
5	24.0 m. and above but below 30.0 m.	1.10	0.50	1.15	2.75	0.30	0.90	2.30
6	30.0 m. and above	1.10	0.50	1.40	3.00	0.30	1.10	2.50

Note –

i) In addition to the above, ancillary area FSI up to the extent of 60% of the proposed FSI in the development permission (including Basic FSI, Premium FSI, and TDR but excluding the area covered in Regulation No.6.8) shall be allowed with the payment of premium as specified in Regulation No.6.1.1.This shall be applicable to all buildings in all zones.

Provided that in case of non-residential use, the extent of ancillary area FSI shall be up to 80%. No separate calculation shall be required to be done for this ancillary area FSI. The entire FSI in the development permission shall be calculated and shall be measured with reference to permissible FSI, premium FSI, TDR, and additional FSI including ancillary area FSI added therein.

Provided further that, this ancillary area FSI shall be applicable to all other schemes like TOD, PMAY, ITP, IT, MHADA, etc., except

Rehabilitation component in SRA. In the result, free of FSI items in the said schemes, if any, other than those mentioned in UDCPR, shall stand deleted.

ii) The column of TDR shall not be applicable for the area, where there is no Planning Authority, and accordingly, values in subsequent columns shall stand modified.

iii) The maximum permissible limits of FSI specified in the Table above, may be allowed to be exceeded in cases mentioned in Chapter 7, where higher FSI is permissible over and above the limit specified in the above table.

iv) Maximum permissible building potential on plot mentioned under column No.6 or 9 shall be exclusive of FSI allowed for Inclusive Housing as per Regulation No.3.8. There is no priority fixed to utilize premium FSI or TDR as mentioned in Column No.4, 5 and 7, 8. (1) However the Authority, considering the local situation, may allow utilization of premium FSI and TDR, in equal proportion of permissible premium FSI and TDR mentioned in column No.4, 5 and 7, 8. (e.g. if out of premium FSI mentioned in column No.4 & 7, 40% is proposed to be utilized then out of TDR mentioned in column No.5 & 8, 40% TDR shall also be utilized.) In such cases the Authority shall issue written, well-reasoned speaking orders to that effect. Other conditions of TDR utilization shall be applicable as per the TDR Regulations No.11.2. In respect of service roads, shown on the development plan or in the approved layout, or plots facing on a major road, however deriving access from other roads, the width of highway or major road shall be considered for entitlement of building potential as per column 6 or 9 of the above table, as the case may be.

v) Out of the quantum of TDR mentioned in Column No.5 or 8 minimum 30% and subject to a maximum 50% of TDR shall be utilized out of the TDR generated from Slum Rehabilitation Scheme (Slum TDR) / Urban Renewal TDR / (2) TDR generated from the area of notified URP as per Regulation No.14.8.8(iv)(c)(i) / Amenity construction TDR (till generation of URT). If such TDR is not available, then other TDR may be used.

vi) The restrictions of road width mentioned above shall not be applicable in cases where, the permissible FSI is more than the basic FSI in various schemes such as slum rehabilitation schemes, redevelopment of dangerous buildings, cluster development for the congested (core) area, redevelopment of MHADA buildings, TOD, etc. in such scheme, regulations of the respective scheme shall be applicable. (3) However, for special buildings, as mentioned in Regulation No.1.3(93)(xiv), provisions mentioned in Regulation No.3.3.9 shall be applicable.

vii) The maximum limits of FSI prescribed above shall be applicable to (a) fresh permission (viz. Green-field development (i.e., building on a vacant plot of land) and brown-field development (i.e., cases of addition to an existing building where a permissible FSI has not been exhausted.) and also to (b) an existing building that has not been granted full occupation certificate. The cases of existing buildings shall be subject to the production of a stability certificate from the structural engineer.

viii) Premium - The rate of premium for the premium F.S.I., as mentioned in Columns No.4 and 7 above shall be 35% of the rate of the said land mentioned in the Annual Statement of Rates without considering the guidelines therein. Apportionment of such amount between Authority and Government shall be as decided by Government from time to time. The government premium, if to be paid, shall be deposited by the Authority in the specified head of government account. In the area of Regional Plans, the entire premium shall be paid to the Government through the District offices of the Town Planning and Valuation Department.

ix) Basic FSI and premium FSI for unauthorisedly subdivided plots having an area of up to 0.4 ha. Shall be (2) 75% of the quantum mentioned in columns No.3, 4 & 7, and the TDR shall be to the extent of 50% of the quantum mentioned in columns No.5 & 8. This provision shall be subject to provisions in Regulation No.3.4.1(i)(a) and (c), wherein the plot shall be entitled for full potential.

x) The utilization of TDR mentioned in the above table would be available to an existing road width of 9.0 m. and above so marked under the relevant Act.

xi) For plots regularised under the Maharashtra Gunthewari Development (Regularisation, Upgradation, and Control) Act 2001, these regulations shall apply, and allowance of TDR in columns No.5 and 8 shall be to the extent of 50%. This shall also be applicable for cases mentioned in Regulation No.3.4.1(i)(b).

xii) In case plots have an approach by a dead-end road, (point access), the potential of the plot mentioned in the above table shall be permissible if the length of such access road does not exceed 100 m.

xiii) If the strip of land/plot adjacent to the road is surrendered by the owner to the authority for road widening, then the benefit of a widened road in terms of building potential, and permissible height shall be granted subject to the condition that such road widening shall result in widening of road from junction of roads (or origin of road) to junction of roads (or T junction).

xiv) The entire area of a plot may be considered for calculating the potential of the plot in respect of premium FSI + TDR, but not the basic FSI. Basic FSI shall be calculated on the area of the plot remaining with the owner after deducting area under D.P. road/road widening/reservations and amenity space. This shall be applicable in cases where a reservation area or amenity space is handed over to the authority.

xv) If any road of width less than 9.0 m. is proposed to be widened to 9.0 m. by the Authority under the provisions of the Municipal Corporation or Municipal Council Act, by prescribing the line of street considering 4.5 m. from the center line of the existing road and owner of the plot hands over such affected strip along such road to the authority, then he may be entitled to FSI and potentially applicable to 9.0 m. road. (2) This shall be applicable to roads in congested areas also.

Rule No. 6.5 FSI Of Green Belt

Basic FSI, along with the full potential of premium FSI and TDR of the green belt zone shown on the Development Plan/Regional Plan, may be allowed on the remaining land of the owner by counting the area of the green belt in the gross area of the plot subject to the condition that the area shall always be under tree cover. The owner shall plant trees in this area with proper planning at the rate of a minimum of 100 trees per hectare that should have survived for at least one year prior to issuance of the occupation certificate.

Rule No. 6.6 Calculation Of Built-Up Area For The Purposes Of FSI

An 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 a respective floor, irrespective of its use/function. If part of the stilt, podium, or basement is proposed for habitation purposes or for the construction that is counted in FSI, then such construction shall also be measured in the P-line in that respective floor.