Setback, Marginal, Distance, Height, and Permissible FSI in Gaothan or 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 for 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. 6.0 General

The following regulations shall be applicable for the lands included in the congested areas (or core areas) as shown on the Development Plan. These regulations shall also be applicable for the gaothan areas in Regional Plans (including the areas of Local Bodies and Special Planning Authorities where a Development Plan or Planning Proposal is not sanctioned).

However, in congested areas, if the original land holding is more than 0.40 Hectares, then regulations of non-congested areas, except FSI, shall apply. FSI in such cases shall be as per the Regulation No.6.1.1

Rule No. 6.1 Regulations For Congested Area In Development Plans/Gaothans Of Village Settlements In Metropolitan Region Development Authorities And Regional Plans

(Note - In Nashik Municipal Corporation, the term ‘Core Area’ is synonymous to ‘Congested Area.’)

6.1.1 Residential Buildings/Residential Buildings with mixed-use

i) Floor Space Index :-

The maximum permissible basic floor space index, FSI on payment of premium, and permissible TDR loading shall be as per the following Table No.6-A.

Note for Table No.6-A :

1) In addition to what is mentioned in Table No.6-A, ancillary area FSI up to the extent of 60% of the proposed FSI in the development permission (including Basic FSI, Premium FSI, TDR but excluding the area covered in Regulation No.6.8) shall be allowed with the payment of premium at the rate as specified below on the land rate in Annual Statement of Rates of the said land without considering the guidelines therein. This shall be applicable to all buildings in all zones.

Sr.No	Authority/Area	Rate of Premium
1	Pune and Thane Municipal Corporation	15%
2	Nagpur, Nashik Municipal Corporation and Municipal Corporations in M.M.R (except Thane) and Metropolitan Development Authority are and CIDCO as Planning Authority by virtue of NTDA	10%
3	All other Municipal Corporations	10%
4	Municipal Councils, Nagar Panchayats and R.P. area	10%

Provided that in case of non-residential use, the extent of ancillary area FSI shall be upto 80%. No separate calculation shall be required to be done for this ancillary area FSI. 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, the above-mentioned rates shall not exceed the rate of premium mentioned in column 4 of Rule 7-A under Chapter - 7 where the development permission is sought for the uses mentioned in the said table.

Provided further that, this ancillary area FSI shall apply to all other schemes like TOD, PMAY, ITP, IT, MHADA, etc. except (1) the 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.

2) All notes mentioned below Table 6-G of Regulation No.6.3 shall be applicable, mutatis- mutandis.

3) Utilization of ancillary area FSI is optional. It can be used fully/partly.

4) In the case of the composite building of mixed users premium and ancillary area, FSI shall be on a prorated basis.

Table No. 6-A
Sr.No.	Road width in meter	Basic FSI	For all Municipal Corporations and (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	FSI on payment of premium	Maximum permissible TDR loading	Maximum building potential on plot
1	2	3	4	5	6	7	8	9
1	Below 9.0 m.	1.50	-	-	1.50	-	-	1.50
2	9.0 m. and below 18.0 m	2.00	0.30	0.30	2.60	0.30	0.10	2.40
3	18.0 m. and below 30.0 m.	2.00	0.30	0.50	2.80	0.30	0.20	2.50
4	30.0 m. and above	2.00	0.30	0.70	3.00	0.30	0.20	2.50

ii) Front Marginal Distances/Setback/Roadside Margin/s in Congested Area

The minimum front setback from the existing or proposed road/roads shall be as per the following Table No.6-B.

Table No.6-B
Sr. No.	Table No.6-B Road width	For Residential building	For Residential Buildings with mixed-use
(i)	For streets/lanes less than 4.5 m. width	2.25 m. from the center of the street/lane	2.25 m. + 1.50 m. from the center of the street/lane
(ii)	For streets 4.5 m. to less than 6.0 m. in width	NIL	1.50 m.
(iii)	For streets 6.0 m. to less than 12.0 m. in width	1.00 m.	2.00 m.
(iv)	For streets 12.0 m. in width and above	2.00 m.	2.50 m.

iii) Side and Rear Marginal Distances in Congested Areas

The minimum side and rear marginal distances shall be as per the following Table No.6-C.

Table No.6-C
Plot Area	Side	Rear
Up to 1000 sq.m	0.00	0.00
Above 1000 & up to 4000 sq.m	1.00 m	1.00 m
Above 4000 sq.m	As per Regulation for non-congested area

Note :-

1) For light and ventilation, provisions about interior & exterior chowks shall apply.

2) Irrespective of the area of a plot, if the width thereof is 7.0 m. or less, then the side margin
shall be nil.

iv) For the lanes having a width less than 4.5 m. abutting to any side of the plot, a setback of 2.25 m. from the center of the lane shall be provided to make such lane 4.5 m. wide. No projections shall be permissible on such a widened lane.

v) Excepting the FSI and its maximum loading limit & marginal distances as prescribed above, all other regulations shall be applicable for development permission in congested areas.

vi) Height : Above setback and marginal distances shall be applicable for buildings less than 15.0 m. in height. Marginal distances shall be increased by 1.0 m. for buildings having a height of 15.0 m. and more but less than 24.0 m. For buildings having a height of 24.0 m. and more, marginal distances shall be as per regulations of the non-congested area.

6.1.2 Other buildings like Public/Semi-Public, Educational, Medical, Institutional, Commercial, Mercantile, etc.

(a) Floor Space Index - The FSI permissible for these buildings shall be as per Regulation No.6.1.1.

(b) Marginal Distances - For these buildings marginal distances shall be 3.0 m. on all sides including front up to 24.0 m. height.

Provided that for building more than 24.0 m. height, regulations of non-congested areas shall apply.

Provided further that, for buildings like cinema theatres, multiplex, assembly buildings, shopping malls, etc., regulations for outside congested areas, except FSI, shall apply.

6.1.3

Pathway for access to the internal building or interior part of the building shall not be less than 3.6 m. in width.

6.1.4

Front setback (marginal distance) as prescribed under the highway or any other rules shall be applicable if they are over and above as prescribed in these regulations.

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

The 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 the 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 on that respective floor.