Savings in Administration in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration 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. 1.5 Savings

Notwithstanding anything contained in these regulations, any development permission granted or any development proposal for which any action is taken under the erstwhile regulations shall be valid and continue to be so valid, unless otherwise specified in these regulations.

Provided that, the words 'action taken' in this regulation shall also include the issuance of the letter for payment of Development and other Charges issued after approval of the proposal in principle.

Provided further that if any development permission has been issued before the date of coming into force of these regulations and if work is not commenced within the validity period and such permission is not renewed (1) in time i.e. before the expiry of the validity period of one year, then the said development permission should be deemed to have been lapsed. (1) However, there is no bar to further renew the valid permission from year to year; but such an extended period shall in no case exceed three years.

Provided further that, it shall be permissible for the owner to -

a) Either continues to develop the project as approved under the erstwhile regulations in toto; and for that limited purpose, erstwhile regulation shall remain in force.

In case the commencement certificate is issued and the construction is in progress/part occupancy issued, and if plans for the additional built-up area as per erstwhile regulations are submitted to the Authority either before or after coming into force of these regulations by consuming/utilizing FSI/TDR as per the erstwhile regulations; but could not be sanctioned due to the pandemic situation arisen out of COVID-19, the same may be allowed to be permitted as per the erstwhile regulations in toto including the payment of premium/charges, if the applicant so desires. However, such cases shall be disposed of by the authority before 31st January, 2022; else such applicants will have to submit the

fresh proposal as per these regulations.

Provided further that, if any development proposal as per erstwhile regulations

is submitted before the date of coming into force of these regulations either up to maximum building potential or part of maximum building potential for which any action is not taken under the erstwhile regulations, due to the pandemic situation arising out of COVID-19, it shall be permissible for the owner to continue the project as per the erstwhile regulations in toto up to maximum building potential as per erstwhile regulations, if the applicant so desires (1) and for that limited purpose the erstwhile regulations shall remain in force. However, such cases shall be disposed of by the authority before 31st January, 2022 else such applicants will have to submit a fresh proposal as per these regulations.

b) Apply for a grant of revised permission under the new regulations, if the project is ongoing and the occupation certificate has not been granted fully. In such cases, charges/premiums etc. paid earlier against the FSI sanctioned/exemptions granted in side margins, allowing Residential/Commercial use on the Industrial Zone as per erstwhile regulations shall be deemed to have been paid against such earlier sanctioned FSI/exemptions/allowance of use. In such cases, the charges/premium under these regulations shall be leviable against the revised permission and the charges/premium paid earlier shall be adjusted against the revised charges/premium under these regulations. Provided that no refund is permissible in any case.

c) In case the development is started with due permission before these regulations have come into force, and if the owner/developer, at his option, thereafter seeks further development of plot/layout/buildings as per these regulations, then the provision of these regulations shall apply to the balanced development. The development potential of such an entire plot shall be computed as per these regulations from which the sanctioned FSI of buildings/part of buildings that are proposed to be retained as per the approved plan shall be deducted to arrive at the balanced development potential of such plot and ancillary FSI shall be permissible only on such balance potential. Such balance potential can be distributed on one or more existing, earlier/newly proposed building/s in a group housing scheme.

In case of approved layouts in group housing scheme with buildings having heights between 15.0 m. to 24.0 m., and complying with provisions mentioned in Regulation No.1.3(93)(xiv), NOC from Chief Fire Officer shall not be necessary, if the applicant is applying for revised permission under these regulations.

d) The existing marginal distances including front margin may be allowed for higher floor/floors subject to step margin as per these regulations. In the case of a building sanctioned under the erstwhile regulations as a non-special one with a height of 16 m. with 3.0 m. setbacks and the construction work is in progress, then while revising the plan under these regulations, for heights up to 16.0 m., the setbacks as per the erstwhile regulations shall be allowed to be continued and for the height above 16.0 m. (instead of 15.0 m.), setback as per H/5 requirement shall be insisted in the form of step-margin.

e) For the ongoing buildings for which passages, stairs, lifts, lift rooms etc. are allowed as free of FSI by charging premium, in such cases these free of FSI items are allowed to that extent only and for the remaining balance potential, provisions for free of FSI items of these regulations shall be applicable.

f) For the on-going buildings for which balconies are allowed to be enclosed as free of FSI by charging premium, these free of FSI items are allowed to that extent only and for the remaining balance potential balcony shall only be allowed as mentioned in these regulations.

g) For the cases where occupation certificate is fully granted, revised permission as per these regulations, may be granted subject to provisions of Real Estate (Regulations and Development) Act, 2016, as may be applicable.

Provisions mentioned in (b) to (f) shall be applicable mutatis-mutandis to the proposals to be sanctioned under this provision.

h) If the project proponent applies for occupation with minor amendments in plans approved prior to this UDCPR, then the amendment is permitted as per the erstwhile regulations in terms of internal/locational changes, the amendment to the extent of 5% in the built-up area/dimensions per floor within the permissible FSI as per the regulations may be considered.

Note - The State Government may issue guidelines occasionally, if necessary, for smooth implementation and removal of difficulties in transitional proposals.

1.5 

(i) Megacity Project approved under Regulation No.15.4.3 of Mumbai Metropolitan Regional Plan shall remain valid till completion of the said project as per said regulation.

Related Regulations to Rule No. 1 - 

You can visit our other blogs on regulations through the below-mentioned links:

Other Various Regulations of Administration in UDCPR 2020

Definitions in Administration in UDCPR 2020

Applicability of Regulations in Administration in UDCPR 2020

Short Title, Extent & Commencement in UDCPR 2020