Rule No. 7.0 in UDCPR 2020

Mar 30, 2024

A higher Floor Space Index (FSI) means that developers can build bigger buildings on a piece of land. It allows for taller or denser structures, or more buildings on the same area of land.

The Permissible of higher FSI for the buildings can be differ according to the different building categories like educational, school, hospital, banks, etc

UDCPR Chapter 7 is all about the Higher FSI for Certain Uses for different buildings

This is Applicable to all Planning Authorities and Regional Plan Areas except the 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. 7.0 General

A higher Floor Space Index may be allowed for certain uses in congested and non-congested areas except as otherwise specified and subject to the following conditions :

i) Permissible higher FSI for the buildings as mentioned in Table No.7-A shall be the maximum permissible building potential according to road width as mentioned in column 6, 9 of Table No.6-A or column 6, 9 of Table No.6-G under Regulation No.6.1 or 6.3 (whichever is applicable) minus Basic FSI. Instead of availing this higher FSI, the owner shall be entitled to avail of premium FSI/TDR or both to that extent.

ii) Such higherFSI shall only be available for use for which higher FSI is granted along with ancillary uses.

iii) Premium - Premium for higher F.S.I. shall be as per column 4 of Rule No.7-A below:- The rate of the premium is based on the land rate mentioned in ASR for respective S.No./CTS. No. The premium collected shall be shared 50:50 between the State Government & the Authority respectively. Premium to be paid to the Government shall be deposited in the concerned Account Head of Urban Development Department at the Government Treasury by the Authority. In the case of areas of Regional Plans, such entire premium shall be paid to the Government through the District office of the Town Planning and Valuation Department. The quantum/rates of premium shall be subject to the orders of the Government from time to time.

iv) In addition to the above, other ancillary area FSI, as mentioned in below in rule No.6-A and 6-G (whichever is applicable) shall also be applicable for these uses.

vi) The higher FSI shall also be permissible to existing authorized uses subject to structural stability.

f) If the owner/developer desires to avail such higher F.S.I. in the future for new buildings, then while seeking building permission at first instance, the building plan shall be submitted considering the marginal distances as required for the height of buildings for such higher F.S.I. No condonation in the required open spaces, parking, or other requirements in these regulations shall be allowed. However, for the proposals in respect of existing buildings, such conditions need not be insisted upon and the proposal shall be cleared only after strictly conforming to structural and fire safety norms.

g) No Amenity Spaces as per Regulation No.3.5 shall be required to be provided for the uses mentioned in Table No.7-A.

h) In the agricultural zone, uses mentioned at sections A & B of 7-A, shall be entitled for 100% additional FSI over and above, permissible in said zone.

Rule No. 7.1 - Higher FSI

Categories of the other buildings

A) Educational

i) Pre-primary School, nursery Kindergarten, and Special Educational Institute for Physically challenged/Mentally ill.

Basic FSI

As per Regulation No.6.1 or 6.3, whichever is relevant.

Additional FSI

Maximum Building Potential limit as mentioned in Rule No. 6-A or 6-G (whichever is relevant minus basic FSI)

Rate of the Premium

ii) Primary School

Rate of the Premium

iii) Other educational buildings, including boys', girls', and youth hostels, are within 500 m. periphery from the recognized educational institutions.

Rate of the Premium

For Charitable Institutions 10% and for private buildings 15%.

Conditions if any

a) Provision of playground shall be complied with as specified in these regulations. Provided that, it shall not be necessary to increase the area of the existing playground, if any, when utilization of higher F.S.I. as otherwise permissible in these regulations, is proposed on an upper floor of the existing building.

Provided further that, in case of the existing building wherein utilization of higher F.S.I. is proposed on the vacant land, the area of the ground shall not be less than 40% or the existing area of the ground whichever is minimum.

Provided further that, in case of the existing building wherein utilization of higher F.S.I. on upper floors is not possible and it is necessary to expand the existing building to accommodate the number of students, then in such exceptional circumstances, the required area of the playground (and not existing) may be permitted to be reduced.

b) The maximum height of the Educational building shall be as per the Maharashtra Fire Protection and Life Safety Measures Act, 2006.

B) Medical institutions - Hospitals, maternity homes, buildings.

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI. However, the maximum building potential shall be
Considered as 3.00 subject to Road width 18.0 m. and above.

Rate of the Premium

For Charitable Institutions 10% and for private buildings 15%.

Conditions if any

The maximum height of buildings for hospitals, sanatoriums, and nursing homes shall be as per the Maharashtra Fire Protection and Life Safety Measure, Act, 2006.

C) Institutional buildings/Banks

Additional FSI

Maximum Building Potential limit per road width as mentioned in Table 6-A or 6-G (whichever is relevant) minus basic FSI.

Rate of the Premium

For Charitable Institutions 10% and for private buildings 15%.

D) Starred category hotels (two star and above) Mega-Ultra Mega and Large Tourism Project/Unit as per Maharashtra Tourism Policy - 2016 or as amended from time to time.

Rate of the Premium

20%

Conditions if any

i) Certificate from the Tourism Department, GOI shall be necessary for the type of category of hotels.

ii) The maximum building potential limit mentioned in Table No.6-A or 6-G shall be allowed considering the road width one step below. e.g. for the roads mentioned in Sr.No.3 in Rule 6-G, the maximum building potential shall be considered as given in Sr.No.4.

iii) Mega/Ultra Mega/Large Tourism Project/Unit may also include Tourism support activities to the extent of 20% of the additional FSI consumed.

Buildings of Government and Semi-Government Offices, Local Authorities, and Public Sector Undertakings/the Land in possession of Maharashtra State Road Transport Corporation/City Transport/Metro Stations and Depot including Govt, Guest Houses.

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI. However, the maximum building potential shall be
considered as 3.00 for Roads having a width of 18.0 m. and more.

Rate of the Premium

Government and Semi-Government Originations, Local Authorities – Nil.

For Public Sector Institutions – 15%.

Conditions if any

i) The Authority may allow exceeding the limit of higher FSI mentioned in column 3.

ii) For the land in possession of MSRTC, a maximum of 2/3 FSI out of maximum building potential shall be permitted to be utilized for commercial use. Provided that a minimum of 50% contiguous land shall be used for the principal purpose of MSRTC.

E) Buildings of Government and Semi-Government Offices, Local Authorities, and Public Sector Undertakings/the Land in possession of Maharashtra State Road Transport Corporation/City Transport/Metro Stations and Depot including Govt. Guest Houses.

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or Table 6-G (whichever is relevant) minus basic FSI. However maximum potential is considered as 3.00 for Roads having a width of 18.0 m. and more.

Rate of the Premium

Government and Semi-Government Originations, Local Authorities – Nil.

For Public Sector Institutions – 15%.

Conditions if any

i) The Authority may allow exceeding the limit of higher FSI mentioned in column 3.

F) Religious Building

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI.

Rate of the Premium

15%

Conditions if any

i) It shall be necessary to obtain the No-Objection Certificate from the concerned Police Authority and Collector (District Magistrate), before granting permission.

ii) Other ancillary users like the administration office, Dharmashala, or Accommodation for devotees, eateries, convenience shops, etc. may be permitted.

G) Yatri Niwas

Rate of the Premium

15%

I) Basic shelter for the urban poor and Housing schemes developed for EWS/LIG

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI. or FSI up to 2.5, whichever is maximum.

Rate of the Premium

No premium

Conditions if any

Any housing scheme for EWS/LIG undertaken by the authority, government/semi-government organization, under the basic shelter for urban poor, or similar program/scheme of the Central/State Government, shall be eligible for higher FSI.

J) Students' Hostel/Working Women - Men/Dormitories/Hostel for Labourers. (for whom Labour Laws are applicable.)

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI.

Rate of the Premium

10%

Conditions if any

i) Built-up area of the unit shall not exceed 17 Sq. m. with or without a toilet, excluding the common area.

ii) The unit shall not be sold and shall be on a rental basis. The condition to that effect shall be stamped on plans and incorporated in the permission letter.

iii) Ancillary facilities such as kitchen, dining hall, common hall, and common toilets may be permitted.

Note :

i) The owner shall be at liberty to avail TDR instead of paying the premium mentioned in the above table to the extent specified above.

ii) The above premium shall not be applicable for development undertaken by Government, Semi-Government Departments, Local Authorities, and Public Sector Undertakings.