Setback, Marginal, Distance, Height 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 the 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. 6.2 Regulations For Outside Congested Area (Non-Congested Area)
6.2.1 Marginal Distances and Setbacks for Residential Buildings and Mixed Use with Height up to 15.0 m. or as mentioned in the Table No.6-D.
The provisions for minimum marginal distances, as given in Table No.6-D below, shall apply to the Residential buildings, Residential with mixed uses permissible in the Residential Zone, and Residential buildings permissible in other zones.
Table No. 6-D | |||||||
|---|---|---|---|---|---|---|---|
| Sr. No | Description of the road | Min. Plot Size in sq.m. | Min. width of the plot in meters | Min. setback from the roadside in meters | Min. side margins in meters | Min. rear marg- ins in meters | Remarks |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| 1 | Roads of width 30.0 m. and above in local authority area. | 450 | 15 | 6.0 in the case of A, B, and C class Municipal Corporations and 4.50 in the case of other areas. | 3.0 | 3.0 | Side and Rear Margins for building up to 15.0 m. height (excluding parking floor up to 6 m. height) |
| 2 | In the case of the Regional Plan area. NH / SH | 450 | 15 | 4.5 or as specified by Highway rules, whichever is more. | 3.0 | 3.0 | Side and Rear Margins for building up to 15.0 m. height (excluding parking floor up to 6.0 m. height) |
| 3 | Roads of width 18.0 m. and above but below 30.0 m. | 250 | 10 | 4.5 | 2.0 | 2.0 | Side and Rear Margins for building up to 10.0 m. height (excluding parking floor up to 6.0 m. height) |
| 4 | Roads of width 15.0 m. and above but below 18.0 m | 200 | 10 | 3.0 | 1.5 | 1.5 | Margins for buildings G + 2 or stilt + 3 structure |
| 5 | Roads of width less than 15.0 m. | 80 | 6 | 3.0 | 1.5 semi-detached building, only one side marginal distance shall be permissible | 1.5 | Margins for buildings G + 2 or stilt + 3 structure |
| 6 | Row Housing on roads of 12.0 m. and below | 30 | 3.5 | 2.25 | 0.0 (In case of corner plot, 1.50 or building line of adjoining road, whichever is more) | 1.5 | -- do -- |
| 7 | Row Housing for EWS / LIG / by public authority / private individual / Slum Upgradation, etc. by public authority | 20 | 3.0 | 0.9 from the pathway or 2.25 from the road boundary | 0.0 (In case of corner plot, 1.5 or building line of adjoining road, whichever is more) | 0.9 | G + 1 or stilt + 2 structure only |
Notes :-
(1) The width of the road in the above table shall govern the requirements in columns 3 to 8.
(2) In the case of Sr.No.1 to 6, structures having higher height may be permitted subject to marginal distance mentioned in Regulation No.6.2.3.
(3) The minimum area of plots fronting on service roads along highways shall be with reference to the actual width of the service road.
(4) For semi-detached buildings, the side margin shall be on one side only. Plots for semi-detached buildings shall be in pairs.
(5) Row-housing plots at the junction of two roads shall be larger to maintain the setback from both roads. Not more than 12 and not less than 3 plots shall be allowed in each block of row housing. Each block shall be separated from the other by a 4.5 m. wide road/pathway or 4.5 m. side marginal distance within the plot or space, including side marginal distance of the plot.
(6) No garage shall be permitted in a building having a stilt or basement provided for parking.
(7) Construction of ottas, railings, barricades, or supporting columns for canopy or porch shall not be allowed in minimum front marginal distances. However, steps may be permitted within 1.2 m. from the building line. Also, supporting columns for the canopy or porch may be allowed within the building line.
(8) In the case of Regional Plan areas, ribbon development rules shall not be relaxed without the consent of the Highway Authority.
(9) In the case of special buildings, marginal distances shall be as per regulations for such buildings.
(10) The plot width-to-depth ratio shall be 1 : 1.5 to 1 : 2.5, as far as possible in the plotted layout.
(11) In Public Housing Schemes for E.W.S. undertaken by government or semi-government organizations, marginal distances shall be as per the respective schemes and rules.
(12) The front setback set out in already approved and partially developed layouts/schemes, may be retained as per original approval, to maintain the building line.
(13) The pattern of development, like semi-detached, row housing, etc., in the already approved layout shall be as per said approved layout.
(14) Where commencement certificate is granted prior to publication of draft development plan or sanction of Development Plan and the plot gets affected by new road/road widening, proposed in the development plan, the front margin shall stand relaxed to that extent.
(15) In case of redevelopment proposal affected by line of street up to 9.0 m. width under the Municipal Council or Municipal Corporation Act or development plan road of up to 9.0 m. width, the front margin shall stand relaxed to the extent of land affected by such proposal (1) subject to a minimum setback of 1.0 m. for roads having a width of 12.0 m. or less and 2.0 m. for roads having a width of more than 12.0 m., from the final line of the street.
(16) Subsidiary structures such as garages (limited to one), outhouses, and independent sanitary blocks may be permitted only in plots having an area of 250 sq.m. or more.
(17) Rear or side marginal distances for development along nallah or watercourses shall be subject to Regulation regarding “Sites Not Eligible for Construction of Building” and “Construction Within Flood Line”. (Chapter 3)
(18) The plots which are substandard in area shall be developed as per marginal distances mentioned in the above table with reference to road width.
(19) In case of plots having approach by dead-end road, (point access) front margin shall be limited to the width of point access.
(20) Building Line along classified roads, as mentioned in Regulation No.3.1.6, shall be applicable for residential buildings defined in Regulation No.1.3.93(i), and Control Line along classified roads shall be applicable for other uses or for commercial uses as mentioned in Regulation No.3.1.6 or for mixed-use buildings where non-residential uses are proposed at least 50% or more of total proposed built-up area.
Rule No. 6.2.2 Other Buildings
The Provision in respect of minimum road width, minimum marginal distances, etc., as given in Table No.6-E below, shall apply for different categories of other buildings.
Table No. 6. E | ||||
|---|---|---|---|---|
| Sr. No | No Type of building | Minimum road width required | Minimum marginal distances | Other stipulations |
| 1 | 2 | 3 | 4 | 5 |
| 1. | Medical buildings | |||
| a) Hospital, Maternity Homes, Health Club, Clinics, etc., buildings not being special buildings | 9.0 m. in case of A, B, C class Municipal Corporation, Metropolitan Authority Area and 7.5 m. in case of other areas. | Margins as per Table No.6-D subject to side marginal distance of the minimum 3.0 m. | NIL | |
| b) Hospital, Maternity Homes, Health Clubs, etc. buildings under the category of special building. | Road width as required for Special Buildings. (Regulation No.3.3.9) | 6.0 m. on all sides | Height of the building is subject to provisions of the the Maharashtra Fire Prevention and Life Safety Measures Act 2006. | |
| 2. | Educational buildings | |||
| a) Pre-primary School | On any road. | Margins as per Table No.6-D | Other requirements shall be as mentioned in the Table No.7-A of Regulation No.7.1. Height of the building is subject to provisions of the Maharashtra Fire Prevention and Life Safety Measures Act 2006. | |
| b) Primary School not being a special building. | 6.0 m. | -- do -- | ||
| c) Other educational buildings are not special buildings. | 9.0 m. | 3.0 m. on all sides | ||
| d) Any building of category a, b, c above being a special building. | Road width as required for Special Buildings | 6.0 m. on all sides | ||
| 3. | Public-Semi Public Building | |||
| a) The Public-Semi Public Building is not The heightThe height,a special building. | 9.0 m. | Margins as per Table No.6-D subject to side marginal distance of a minimum of 3.0 m. | ||
| b) Public-Semi Public Building being a special building | Road width as required for Special Buildings | 6.0 m. on all sides | ||
| 4. | Cinema Theatre | |||
| Cinema Theatre / Drama Theatre / Assembly Hall / Multiplex / Shopping Malls | 12.0 m. | Front - 12.0 m. (only on one major road). 6.0 m. on all remaining sides | i) In case of cities having a population more than 2.5 lakhs as per the latest census, redevelopment of existing cinema theatre on plots shall be allowed subject to the condition that at least 1/3rd of the existing seats shall be retained, which shall not be below 150 seats and may be developed in combination with user permissible in R-2 zone. ii) For the redevelopment of the existing theatre, marginal distances, including the front margin as per these regulations shall not be insisted upon. Redevelopment shall be allowed as per existing setback distances. Parking areas required as per these regulations shall not be insisted on; however, existing parking areas shall be maintained. iii) In cases where redevelopment of the existing Cinema Theatre is carried out on the same place with a capacity more than the existing capacity in the form of single or multiscreen cinemas, then the owner/developer shall be allowed FSI potential mentioned in columns 6 or 9, as the case may be, of Table No.6-G at the rate of 20% land rate mentioned in Annual Rates of Statement without considering guidelines therein, for the additional capacity. iv) The existing Cinema Theatre shall be allowed to be relocated and constructed at some other place within a distance of 5 km. In such case, the original site shall be allowed to be developed as per uses permissible in the adjoining zone. Construction of Cinema Theatre / Multiplex shall conform to the provisions of Maharashtra Cinema (Regulations) Rules, 1966, and as amended from time to time, except the provisions mentioned above. v) For the redevelopment of a Cinema plot having an area less than 1000 Sq.m., and if redevelopment of existing cinema theatre on such plot is not possible considering the other requirements in these regulations, the condition of providing at least 1/3rdof the existing seats or minimum 150 seats for cinema theatre shall not be insisted. In such cases, users permissible in adjoining predominant zones shall be permissible with special permission of the sanctioning authority. | |
| 5. | Mangal Karyalaya | |||
| a) Mangal Karyalaya and like buildings not under the category of special buildings. | Road width as required for R-2 zone. | 3.0 m. on all sides. | ||
| b) Mangal karyalaya and like buildings under the category of special buildings. | 12.0 m.
| 6.0 m. on all sides. | ||
| 6. | Fuel Stations | |||
| Fuel Filling Stations / including Petrol / Ethanol / LPG / CNG etc., Public Charging Stations for Electric Vehicles with or without service bay | 9.0 m. | 4.5 m. on all sides | i) In case the plot is located on any Classified road in the Regional Plan area, the distance from the junction of roads as may be specified by the Indian Road Congress/ Ministry of Road, Transport and Highway, shall be followed. (IRC guideline 2009 and MORTH Letter No.RW/NH-33023/19/99-DOIII, Dated 25.09.2003 as amended from time to time) ii) NOC from the Chief Controller of Explosives shall be necessary. iii) In a plot of Fuel Filling Station, other buildings or composite buildings for sales offices, snack bars, restaurants, public conveniences, the or like activities may be permitted. The FSI shall not exceed 0.25 and underground structures along with kiosks shall not be counted towards FSI. | |
| 7. | Mercantile Buildings. | |||
| a) Mercantile / Business / Hotel / Commercial building under the category of special buildings. | Road width as required for Special Building. | Front 6.0 m. Side & rear 6.0 m. | i) Shops may also face on side and rear of a plot. ii) Minimum width and area of the Shop shall be as per the convenience of the owner/developer. iii) In case of construction of shops/offices only on the ground floor (not being a special building) side and rear marginal distance shall be as per Table No.6-D. | |
| b) Mercantile / Business / Hotel / Commercial building not under the the category of special buildings | Road width as required for R-2 zone. | Margins as per Table No.6- D subject to side marginal distance of a minimum 3.0 m. | ||
| c) Shopping is convenient in the R-1 zone. | On any road. | Margins as per Table No.6- D. | - | |
| 8. | Stadium | |||
| Stadium with Pavilion | 12.0 m. | 6.0 m. on all sides | The covered portion of the spectator’s gallery shall not exceed 25% of the plot area, which shall not be counted towards FSI. Shops below the spectator’s gallery may be permitted which shall not be counted towards FSI. In addition to this, ancillary offices, sports person accommodations, and public convenience-like structures may also be permitted which shall not consume more than 0.10 FSI on the gross plot area. | |
Note :
i) In case of plots fronting on National Highways, State Highways, and Major District Roads in the Regional Plan area, the building line shall be as per Ribbon Development Rules or as given in the accommodations above, whichever is more.
ii) Side and rear marginal distances mentioned in the above Table shall be subject to Regulation No.6.2.3, whichever is more.
iii) In the case of special buildings, marginal distances shall be as per regulations for special buildings.
iv) A stadium should desirably accommodate 400 m. running track.
v) For the above buildings, permissible FSI shall be as per Regulation No. 6.3, unless otherwise
specified above.
vi) Point access (approach by dead-end road) to a plot shall be considered for the minimum road
width requirement mentioned in the above table. In such a case, the front margin shall be applicable for
the width of the point access road.
vi) The provisions about Cinema Theatre in column 5 of Table No.6-E shall be applicable to
Cinema Theatres in congested areas also.
Rule No. 6.2.3 Marginal distances for buildings of heights more than mentioned in Table No.6-D of Regulation No.6.2.1
(a) Front Margin - The front margin shall be as given in Table No.6-D and shall be applicable to a building irrespective of its height.
Provided that, in the case of group housing schemes where the building abuts an internal road, the minimum is 3.0 m. set back from the internal road or distance between two buildings, whichever is more, shall be provided. For Development/Regional Plan roads or classified roads or through roads, passing through Group Housing Schemes, the setback as prescribed in these regulations shall be provided.
(b) Side or rear marginal distance - Side or rear marginal distance in relation to the height of the building for light and ventilation shall be as below :-
The marginal distance on all sides shall be as per Table No.6-D / Table No.6-E for building height or floors mentioned therein. For height, more than stipulated in Table No.6-D / Table No.6-E, the marginal distance on all sides, except the front side of a building, shall be a minimum H / 5 (Where H = Height of the building above ground level).
Provided that, such marginal distance shall be subject to a maximum of 12.0 m. from the plot boundary, and the distance between two buildings shall be (1) as per Regulation No.6.2.4.
Provided further that, in case of redevelopment of the building which has ceased to exist in consequence of accidental fire / natural collapse/demolition for the reason of the same having been declared dangerous or dilapidated or unsafe by or under a lawful order of the authority or building having an age of more than 30 years, such marginal distance may be allowed upto 6.0 m. for a height of building upto 45 m. For the redevelopment of smaller plots having an area less than 1000 sq.m., one of the side margins/rear margins of 6.0 m may be relaxed subject to Fire NOC in case of bonafide hardship.
Provided further that, such marginal distance from recreational open space shall be 3.0 m. in case of non-special buildings and 6.0 m. in case of special buildings, irrespective of its height.
Provided further that, the building height for the purposes of this regulation and for calculating the marginal distances shall be exclusive of the height of parking floors up to 6.0 m.
Provided further that, where rooms do not derive light and ventilation from the exterior open space, i.e., dead walls, such marginal distance may be reduced (1) to 6.0 m. in the case of a special buildings and 3.0 m. in the case of other buildings.
Provided further that the plot/land of the owner falls within the jurisdiction of more than one authority, then continuous building (without leaving a margin on the boundary of the authorities) may be allowed with the consent of the other Authorities.
(c) Provision for Step Margin :- Step margins may be allowed to be provided on upper floors to achieve required side or rear marginal distances as mentioned in these regulations subject to a minimum marginal distance of 6.0 m. on ground level in case of special building.
This provision shall also be applicable to congested areas.
Rule No. 6.2.4 In the cases of layouts of two or more buildings in a plot for any uses :-
Distance between two buildings :- The distance between two buildings shall be the side / rear marginal distance required for the taller building between the two adjoining buildings.
Provided that, the pathway / internal road may be allowed to be proposed in such marginal distance.
Rule No. 6.2.5
In the case of a group housing scheme where the building abuts on an internal road, the minimum is 3.0 m. set back from the internal road or distance between two buildings, whichever is more shall be provided. For Development plan road/Regional plan road or classified road or through road, passing through Group Housing Scheme, normal setback as prescribed in the regulations shall be provided.
Rule No. 6.2.6 Buildings Abutting Two or More Streets
When a Building abuts two or more streets, the setbacks from the streets shall be such as if the building is fronting on each of such streets.
Related Regulations to Rule No.6 -
You can visit our other blogs on regulations through the below-mentioned links:
Regulations for Height of Building in UDCPR 2020?
What is the Calculation of FSI Pline and its exemption in UDCPR 2020?
What are the Projections allowed in Front and Side Margin as per UDCPR 2020?
Industrial Building Regulations of FSI, Marginal Distances and Plot Area in UDCPR 2020
Regulations for Permissible FSI in Non Congested Area In Maharashtra in UDCPR 2020