UDCPR 2020 Chapter 14 is all about the Special Schemes 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. 14.7 Slum Rehabilitation Scheme for Other Municipal Corporations

Slum rehabilitation scheme for other Municipal Corporations, excluding those covered in Regulation No.14.6, shall be as below.

14.7.1  Eligibility for Redevelopment Scheme

i) A person eligible for a redevelopment scheme shall mean a protected occupier as defined in Chapter-IB of Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971 as amended from time to time, (hereinafter referred to as the Slum Act) and orders issued there under.

ii) Subject to the foregoing provisions, only the actual occupants of the hutment shall be held eligible, and the so-called structure-owner other than the actual occupant if any, even if his name is shown in the electoral roll for the structure, shall have no right whatsoever to the reconstructed tenement against that structure.

14.7.2  Definition of Slum, Pavement, and Structure of Hut

i) Slums shall mean those censused, or declared and notified, in the past or hereinafter under the Slum Act. Slum shall also mean area/pavement stretches hereinafter notified or deemed to be and treated as Slum Rehabilitation Areas.

ii) If any area fulfills the condition laid down in section 4 of the Slum Act, to qualify as a slum area and has been censused or declared and notified shall be deemed to be and treated as a Slum Rehabilitation Area.

iii) Slum Rehabilitation area shall also mean any area declared as such by the SRA though preferably fulfilling conditions laid down in section 4 of the Slum Act, to qualify as a slum area and/or required for implementation of any slum rehabilitation project. Any area where a project under the Slum Rehabilitation Scheme (SRS) has been approved by the CEO, SRA shall be a deemed slum rehabilitation area.

iv) Any area required or proposed for the purpose of construction of temporary or permanent transit camps and so approved by the SRA shall also be deemed to be and treated as Slum Rehabilitation Areas, and projects approved in such areas by the SRA shall be deemed to be Slum Rehabilitation Projects.

v) A pavement shall mean any Municipal/Govt. /Semi-Govt. pavement, and shall include any viable stretch of the pavement as may be considered viable for the purpose of SRS.

vi)  A structure shall mean all the dwelling area of a protected occupier as defined in Chapter I-B of Slums Act, and orders issued thereunder.

vii) A composite building shall mean a building comprising both rehab and free-sale components and part thereof in the same building.

viii) Censused shall mean those slums located on lands belonging to Govt., any undertaking of Govt., or Corporation and incorporated in the records of the land-owning authority as having been censused in 1976, 1980, or 1985 or prior to 1st January, 1995, and 1st January, 2000

14.7.3 Joint ownership with spouse

The reconstructed tenement shall be of the ownership of the hutment dweller and spouse conjointly, and shall be so entered and be deemed to be so entered in the records of the co-operative housing society, including the share certificates or all other relevant documents.

14.7.4 De-notification as Slum Rehabilitation Area

SRA on being satisfied that it is necessary to do so, or when directed by the State Govt., shall de-notify the Slum Rehabilitation Area.

14.7.5 Applicability

The following provisions will apply for redevelopment/construction of accommodation for hutment/pavement-dwellers through owners/developers/co-operative housing societies of hutment/pavement-dwellers/public authorities such as MHADA, MIDC, MMRDA, etc./Non- Governmental Organizations anywhere within the limits of Municipal Corporation. However, NGOs should be registered under the Maharashtra Public Charitable Trusts Act, 1961, and the Societies Registration Act, 1960 at least for the last five years and should also be approved by SRA.

14.7.6 Right of the Hutment Dwellers

i) Hutment dwellers, in the slum or on the pavement, eligible in accordance with the provisions of this Regulation shall in exchange of the protected dwelling structure, be given free of cost a residential tenement having a carpet area of 27.88 Sq.m. including a balcony, bath, and water closet, but excluding common areas.

For this purpose, “carpet area” means the net usable floor area within a tenement excluding that covered by the walls or any other areas specifically exempted from floor space index computation as per prevailing Regulation.

ii) Even those protected dwelling structures having residential areas more than 27.88 Sq.m. shall be eligible only for 27.88 Sq.m. of carpet area where Carpet area means an area of tenements as mentioned in (i) above.

iii) All eligible hutment dwellers taking part in the SRS shall have to be rehabilitated in accordance with the provisions of these Regulations. It may be in situ and in the same scheme as far as possible.

iv) Pavement dwellers and hutment dwellers in the slum on land required for vital public purposes or such locations which are otherwise unsuitable for human habitation or non-suitable due to other statutory restrictions shall not be rehabilitated in-situ but in other available locations and in accordance with these Regulations. The competent Authority appointed by the State Government in the Housing Department shall on the basis of verification of documents, as may be prescribed, shall decide on the eligibility of hutment dwellers.

v) The eligibility of a person including a transferee, under a scheme of Slum redevelopment shall be established in accordance with Chapter-IB of the Slum Act, and orders issued thereunder.

vi) An individual agreement shall be entered into by the owner/developer/co-operative housing society/NGO with the eligible hutment-dwellers in the slum/pavement.

vii) An individual agreement entered into between the hutment-dweller and the owner/developer/co-operative society/NGO shall be in the joint names of pramukh hutment dweller and spouse for every protected dwelling structure

viii) Hutment dwellers in a category having a differently abled person or female-headed households shall be given first preference in allotment of tenements. Thereafter lots shall be drawn for allotment of tenements from the remaining tenements to the other eligible hutment-dwellers before grant of occupation certificate to the rehab Building.

ix) Transfer of Photo passes- Since, only the actual occupant at present will be eligible for redevelopment; there shall be no need to regularize the transfers of photo passes that have occurred so far. A photo pass will be given after the new tenement has been occupied.

x) Any person who owns a dwelling unit on an ownership basis in Municipal Corporation areas shall not be held eligible under the scheme. Any person, who can be held eligible under more than one SRS, shall be held eligible in only one scheme.

xi) Premium for ownership and terms of lease-That part of Government/Municipal Corporation/MHADA land on which the rehabilitation component of the SRS will be constructed, shall be leased to the Co-operative Housing Society of the slum-dwellers on 30 years lease period. Annual lease rent of Rs.1001/- for 4000 per Sq.m. of land or part thereof shall be payable and the lease shall be renewable for a further period of 30 years at a time. Simultaneously land under the free sale component shall be leased directly to the Society/Association of the purchasers of the tenement under the free sale component for 30 years with a provision for further renewal for a period of 30 years at a time. The lease rent for the free sale component shall be fixed by SRA.

Further, the Developer/Co-op. Housing Society shall pay a premium at the rate of 25% of ASR of the year of issue of LOI, in respect of SRS proposed to be undertaken on lands owned by the Government, Semi-Government undertakings, and Local Bodies and the premium shall go to land owing authority such as MHADA, Municipal Corporation, MMRDA, as the case may be. The premium installment so recovered shall be remitted to the concerned land-owing authority within 30 days from the date of recovery.

In the case of Government land, the premium shall be deposited in Nivara Nidhi.

The amount of the premium shall be recovered in installments as may be prescribed by Govt. from time to time. Land-owning authorities such as Municipal Corporation, MMRDA, and MHADA shall not recover land premiums in any other form. Proposals for SRS on land owned by the Central Government shall not be accepted unless NOC for the scheme is obtained from the Central Government.

xii) Automatic cancellation of Vacant Land Tenure and leases- If any land or part of any land on which the slum is located is under vacant land tenure, the said tenure/lease created by the Municipal Corporation or Authority shall stand automatically terminated as soon as the letter of Intent is issued by SRA for an SRS, which is a public purpose, on such land is prepared and submitted for approval to the SRA. Any arrears of dues to be collected by the Municipal Corporation shall not be linked to the issue of any certificate or NOC relating to the Slum Rehabilitation Scheme.

On sanction of SRS, the rights of Imlamalik, municipal tenants, or any other tenancy shall stand terminated in respect of the sanctioned SRS.

xiii) Recovery of pending dues such as assessment, compensation, occupational charges, non-agricultural tax/dues, etc. pending with public authorities such as State Govt., MHADA, and/or Municipal Corporation shall be dealt with separately and not be linked to the grant of approval or building permission to the slum rehabilitation projects.

xiv) A Slum Rehabilitation Project shall be considered preferably when submitted through a proposed or registered co-operative housing society of hutment dwellers on site. The said society shall include all the eligible hutments on site while submitting the S.R. Scheme and give an undertaking to that effect to SRA.

xv) Where 51% percent or more of the eligible hutment-dwellers in a slum and stretch of road or pavement contiguous to it at one place agree to join a rehabilitation scheme, it may be considered for approval, subject to submission of irrecoverable written agreements of eligible hutment-dwellers before LOI. Provided that nothing contained herein shall apply to Slum Rehabilitation Projects undertaken by the State Government or Public authority or as the case may be a Govt. Company as defined in Sec.617 of the Companies Act, 1956 and is owned & controlled by the State Government

xvi) In respect of those eligible hutment-dwellers on site who do not join the Project willingly the following steps shall be taken :

a) Provision for all of them shall be made in the rehabilitation component of the scheme.

b) The details of the tenement that would be given to them by way of allotment by drawing lots for them on the same basis as for those who have joined the Project will be communicated to them in writing by the Managing Committee of the Cooperative Housing Society if it is registered, or the developer. In case of dispute, the decision of the

CEO, SRA shall be final and binding on all the parties concerned.

c) The transit tenement that would be allotted to them or rent payable would also be indicated along with those who have joined the Project.

d) If they do not join the scheme within 15 days after the approval has been given to the Slum Rehabilitation Project on that site, then action under the relevant provision including Sections 33, 33(A) and 38 of the Slum Act, as amended from time to time, shall be taken and their hutments will be removed, and it shall be ensured that no obstruction is caused to the scheme of the majority of persons who have joined the scheme willingly.

e)  After this action under the foregoing clause is initiated, they will not be eligible for transit tenement along with the others, and they will not be eligible for the reconstructed tenement by lots, but they will still be entitled only to what is available after others have chosen which may be on the same or some other site.

f) If they do not join till the building permission for the Project is given, they will completely lose the right to any built-up tenement, and their tenement shall be taken over by the SRA, and used for the purpose of accommodating pavement-dwellers and other slum dwellers who cannot be accommodated in-situ, etc.

xvii) The Managing Committee of the proposed as well as registered Co-operative housing society of hutment dwellers shall have women to the extent of one-third of the total strength of actual members on the committee at any time.

xviii) Restriction on Transfer of Tenements; the tenement obtained under this scheme cannot be sold/leased/assigned or transferred (except to a legal heir) in any manner for a period of ten years from the date of allotment/possession of the tenement. In case of breach of conditions, except transfer to legal heir, the tenement will be taken over by SRA.

14.7.7 Building Permission for Slum Rehabilitation Project

i) The proposal for each Slum Rehabilitation Project shall be submitted to the SRA with all the necessary documents, no-objection certificates, and the plans as may be decided by the SRA from time to time.

ii) Approval to the Project shall be given by the SRA within a period of 60 days from the date of submission of all relevant documents. In the event of failure by SRA to do so, the said approval shall be deemed to have been given, provided the Project is in accordance with the provisions of these Regulations.

iii) The SRA while giving the approval may lay down terms and conditions as may be necessary.

iv) The SRA shall adopt the procedure laid down in the M.R. & T.P. Act, 1966 for giving building permission to any Slum Rehabilitation Project under this Scheme.

v) On compliance with the terms and conditions, the building permission shall be given, in accordance with the provisions under section 45 of the M.R. & T.P. Act, 1966 to the Project under the SRS, first to the Rehabilitation component and thereafter to the free-sale component subject to the provisions in clause below.

vi) Correlation between Rehabilitation and free-sale components: Building permission, for 10 percent of BUA of both the rehab and free-sale components may be given simultaneously and thereafter proportionately or as may be decided by the CEO, SRA.

vii) Where the Project is being implemented directly by an NGO approved by SRA, the CEO (SRA) may sanction 20 percent of the free-sale component without waiting for any expenditure on the rehabilitation component. The approval for the remaining part of the free-sale component will be given only after at least 30 percent of the rehabilitation component is completed on-site.

viii) As soon as the approval is given to the Project, the NOC for building permission of the landowning authority shall be given in respect of that slum located on lands belonging to any department, undertaking, or agency of the State Govt. including MHADA, or any local self-government such as the Municipal Corporation within 60 days after the intimation of such approval to the Project is communicated. In the event of its refusal to grant NOC, reasons thereof shall be stated and in the event of its not being given within the period, it shall be deemed to have been given.

ix) Occupation certificate shall not be held up only for want of lease documents to be executed, in all slum rehabilitation projects taken up on lands belonging to any department, undertaking, or agency of the State Govt., including MHADA, and any local self-government such as the Municipal Corporation.

14.7.8 Rehabilitation and Free-Sale Component

i)  FSI for rehabilitation of eligible slum/pavement-dwellers includes the FSI for the rehab component, and for the free-sale component. The ratio between the two components shall be as laid down herein below.

ii) Built-up area (BUA) for the rehabilitation component shall mean the total construction area of the rehabilitation component, excluding what is set down in Regulation 14.7.9(vi) of these Regulations, but including areas under staircases, passages, Anganwadi, health center/outpost, community hall/gymnasium/fitness center, skill development center, women entrepreneurship center, yuva Kendra / library, Balwadi/s society office, religious structures as permitted under Government Home Department Resolution dt.05/05/2011 and 18/11/2015, other social infrastructure like School, Dispensary, Gymnasium run by Public Authority or Charitable Trust, 5 percent incentive commercial areas for the Co-operative society, and the further 5 percent incentive commercial area for the NGO, Govt./Public Authority/Govt. Company wherever eligible.

iii) The incentive FSI/BUA shall depend on the size of the scheme and rate of developed land and rate of construction as per ASR of the year in which LOI is sanctioned.

RC is the rate of construction in respect of RCC Construction and LR is the Land Rate of open Land. FSI to be sanctioned on a Slum Rehabilitation scheme site may exceed 4.00.

Note - 1 : In Case of any Slum Redevelopment Scheme is in progress and any Slum redevelopment scheme where LOI has been issued, envisaging construction of rehabilitation tenements having individual carpet area of 25.0 sq.mt., if full occupation permission has not been granted and if it is structurally not feasible to provide rehabilitation tenements having individual carpet area as per these regulations, without having completely pull down and reconstructed the on-going rehabilitation building(s). Permissible sale component vis-à-vis rehab component shall be 1.25:1 subject to a maximum in-situ FSI of 4.0.

iv) Maximum FSI permissible that can be sanctioned on any slum site shall be 4.0 or the sum of the total of rehabilitation BUA plus incentive BUA, whichever is more, with a minimum tenement density of 650 per net hectare. Due to local planning constraints and the viability of the Slum Rehabilitation Project, the tenement density norms of 650 per net hectare may be reduced up to 25% by the Chief Executive Officer, SRA, subject to a minimum tenement density of 500 per net hectare. In such cases, the maximum permissible in-situ/total FSI shall be restricted to the sum of rehabilitation and incentive BUA which may be generated in the scheme after such relaxation of tenement density. The computation of FSI shall be done for both rehab and free-sale components in the normal manner, that is giving the benefit of what is set down in Regulation No.14.7.9(vi). The areas referred to in sub Regulations No.14.7.11(vi) and 14.7.13(ii) of this Regulation shall not be included for the computation of FSI, and the said areas shall be included for the computation of the rehab component. In all cases where permissible in situFSI cannot be utilized in situ the difference between permissible FSI and that can be constructed in situ, will be made available in the form of TDR in accordance with the provisions of Regulation 11.2.

v) Notwithstanding the provisions in (iv) above, the slum dweller society/NGO/Developer undertaking the scheme may opt to claim TDR in lieu of the sale component available for the scheme, on account of constraints such as height restrictions, uneconomical site conditions, etc.; if the full permissible FSI cannot be used on the same site, TDR may be allowed as may be necessary without consuming permissible FSI on the same site. However, TDR may be allowed only when the framework for one complete building in the rehab component is constructed or when 10% of the rehab component has been constructed on-site and the said TDR will not exceed 50 percent of the construction of the rehab component at any point of time till the total rehab component has been completed. On completion of the total rehab component balance TDR will be allowed.

vi) The rehabilitation component shall mean all residential tenements as well as non-residential built-up premises given free of cost in accordance with the provisions of the SRS outlined in this Regulation excluding what is set down in Regulation 14.7.9(vi) and including Anganwadi, health center/outpost, community hall/gymnasium/fitness center, skill development center, women entrepreneurship center, yuva kendra/library existing eligible religious structure, school, dispensary, gymnasium run by Public Authority or charitable trust etc. as per provision of 14.7.13(i) & (ii) but excluding built-up area given for buildable DP reservations.

vii) Notwithstanding anything contained in this regulation, if a rehabilitation project of a slum located on land belonging to a public authority and needed for a vital public purpose and where eligible slum dwellers which cannot be accommodated in the in-situ SRS of land under non-buildable reservations, is taken up on an unencumbered plot, TDR as per Regulation No.11.2 for the area of the land spared for this purpose shall be sanctioned to the owner of the said unencumbered plot and the TDR in lieu of cost of construction of BUA as per Regulation No.11.2 shall be permissible. For the purpose of this regulation, BUA shall be as per Regulation No.14.7.8(ii) of this Regulation. The following conditions shall be applicable for such scheme.

a) The Rehabilitation Project is approved by the SRA.

b) The tenements so constructed in the execution of the Project are offered to slum dwellers located on land belonging to Govt. or Public Authority and needed for vital public purposes and within 270 days from the date of issue of LOI the Agency shall identify the slum dwellers.

c) If the Agency fails to identify the slum dwellers needed to be shifted for a vital public purpose, as above, then the tenements so constructed shall be offered.

i) To the slum dwellers located on land belonging to the Government or Public Authority within a distance of 2 km. from the land on which the Project is undertaken, or

ii) To the slum dwellers located anywhere in the Corporation limit on lands belonging to Govt. or Public Authority.

d) Further provided that in all above cases, the relocation of slum dwellers, in any case, will be undertaken not with reference to individuals but with reference to the assembly of slum dwellers for the purpose of releasing the plot of land wholly from slums and not only the patches of land.

Provided further that, these provisions are also applicable to lands belonging to or leased out to or leased out by a Public Authority, a Statutory Authority, a Public Sector undertaking, or any Department of Government of India and a Joint Venture with any of them, subject to payment of premium for infrastructure development as applicable under Regulation No.14.7.14(ii) of this Regulation.

e)  No sale component shall be permissible.

f)  In the case of slums on municipal lands, there will be an option to exercise the powers of

CEO, SRA by the Municipal Commissioner with the prior approval of the Government.

viii) All non-residential built-up areas shall be included in the computation of minimum density but on the scale of 20.90 sq.m. of carpet area being one tenement.

Provided further that in case of slum redevelopment where there are no eligible commercial slum dwellers and where it is possible to provide commercial tenements on the ground floor, then in such cases commercial PAP tenements of the size of carpet area 20.90 Sq.m. (225 Sq.ft.) or of required size shall be provided as decided by CEO (SRA) and same shall be handed over free of cost to SRA.

Provided if SRS is undertaken by a Federation, Co-Op. The housing society consists of members who are serving or retired from State Govt. Employees/Employees of the State Govt. Undertakings/Employees of local bodies of State Government for providing housing to its members, such tenements which are generated over and above the tenements to be provided to the existing eligible hutment dwellers, shall be handed over back to the said Federation/Co.-operative Housing Society for providing housing to its above-mentioned members and subject to further additional terms and conditions as would be imposed by the CEO, SRA to ensure adequate membership of class III and class IV employees.

ix) Any land declared as a slum rehabilitation area or on which a slum rehabilitation project has been sanctioned, if it is spread on part or parts of C.S. Nos. or CTS Nos. or S.Nos.or F.P. Nos. shall be treated as natural amalgamation/subdivision/s of that C.S. or CTS or S.No. or F.P.No. for which no separate approval for amalgamation/subdivision of land would be necessary.

x) Boundaries and the Slum Rehabilitation Area shall be declared by the competent authority after actual measurement of plot area on site and the same shall be adopted for planning purposes for calculation of density and floor space index.

xi) The CEO, SRA may if required, adjust the boundary of the plot declared as a slum rehabilitation area so as to suit the building design and provide proper access to these schemes. Provided further that the encumbered area under D.P. Road/Sanctioned Regular line road abutting the SRS shall be included in the scheme to be developed.

xii) After approval is given to the Slum Rehabilitation scheme, the area may be further subdivided if necessary to earmark separate plots for the rehab component and the free sale component. The Plot area and the built-up area in terms of square meters on the said plot shall be separately mentioned in the lease agreements and Record of Rights.

xiii) The CTSO/SLR, of the district on payment of such fees as may be decided by the Govt. Ensure that the City Survey sheet and property cards are corrected accordingly and fresh property cards are opened for each of the plots giving details regarding the area of the plots and the total area of the floors of the built-up property and TDR given that is, the FSI used on that plot.

14.7.9 Temporary Transit Camps

i) The multi-storeyed temporary transit camp shall be provided on the site itself or outside the SRA project site on a portion of the plot that is not designated/reserved for public purpose or not affected by road widening and is preferably close to the site.

ii) The eligible slum dwellers shall be shifted to a temporary transit camp or on rent as may be mutually decided between the proposed society and developer.

ii) The area of temporary transit tenements shall be excluded from the computation of FSI, but the safety of the structure shall be ensured by a licensed structural consultant. The minimum area of individual transit tenement shall be 14.5 Sq.m.

iv) Such building permission shall be given within 15 days from the date of application and after approval of the project by the Slum Rehabilitation Authority, failing which it shall be deemed to be given.

v) On any nearby vacant site without any reservation in the DP construction of temporary transit tenements made of light material with the consent of the landowners, shall be allowed up to an FSI of 3.0 and this shall be applicable. Temporary shall mean made of detachable material such as tubular/prefabricated light structures.

vi) In all such cases where the temporary transit camp is erected, the condition shall be that the structures shall be demolished by the Developer/Society/NGO within 30 days of granting an Occupation Certificate to the rehab buildings and the site should be brought back to the original state. Till the transit camps are fully demolished, development rights for the free sale area shall not be permitted to be used beyond 75% of the total admissible free sale area permissible under this Regulation.

14.7.10 Commercial/Office/Shop/Economic Activity Free of Cost

i)  The eligible existing area under commercial/office/economic activity shall be computed on actual measurement/inspection, and/or on the basis of official documents such as a License under the Shops and Establishment Act, Electricity bills, Photo passes, etc.

ii)  In the rehabilitation component, the BUA for commercial/office/shop/economic activity that existed prior to the date as decided by the Government subject to the provisions in the sub-regulation below shall be given. Where a person has both residential and commercial premises without a common wall between residential and commercial premises, for commercial/office/shop/economic activity in the slum/pavement, he shall be considered eligible for a residential/Commercial unit including BUA for commercial/ office/ shop/ economic activity, both free of cost and carpet area of such unit shall not exceed 27.88 sq.m.

iii) BUA for commercial/office/shop/economic activity up to 20.90 sq.m. (225 sq.ft.) carpet area or actual area whichever is less, shall be provided to the eligible person free of cost as part of the rehabilitation project. Any area in excess of 20.90 sq.m. to the extent of the existing area may, if required, be sold on a preferential basis at the rate for the commercial area in the free-sale component.

For this purpose, “carpet area” as per (i) and (ii) above means the net usable floor area within a tenement excluding that covered by the walls or any other areas specifically exempted from floor space index computation as per prevailing Regulation.

iv) Such area may be allowed on any side of the plot abutting 3.0 m. wide pathway and deriving access from 3.0 m. wide pathway/open space. Back-to-back shopping on the ground floor shall also be allowed for the purpose of rehabilitation. After exhausting these provisions, it may be allowed on the first floor to the extent necessary.

v) All activities which were previously existed shall be allowed to be relocated regardless of the non-conforming nature of the activities, except those that are hazardous and highly polluting, and except in cases where the alternative accommodation has already been allotted elsewhere by the Municipal Corporation.

vi) Convenience shopping in the free-sale component shall be permitted along the layout roads. The CEO, SRA may add to alter, or amend the said list for convenience shopping.

vii) Incentive Commercial Areas for Society and NGO -

a) The scheme, when undertaken by a Co-operative Housing Society of slum dwellers, may provide an additional 5 percent built-up area on the rehabilitation area free of cost for commercial purposes. This area will be at the disposal of the Co-operative Housing Society of the hutment-dwellers. The corpus amount shall not be spent, but the income from the property/corpus alone shall be used by the Society for maintenance of the building and premises, and such other purposes as may be laid down by the SRA.

b) Where the scheme is undertaken by a Non-Government Organization Govt. or Public Authority or Govt. Company another additional 5 percent BUA on the rehabilitation area may be given free of cost for commercial purposes. This area shall be at the disposal of the Non-Governmental Organization Govt. or Public Authority or Govt. Company in consultation with the co-operative housing society.

14.7.11 Relaxation in Building and Other Requirements

i) A separate kitchen shall not be necessary. Cooking space (alcove) shall be allowed without any minimum size restrictions. Where a kitchen is provided, the minimum area shall be 5.0 Sq.m. provided the width shall be at least 1.5 m.

ii) There shall be no size restriction for bath or water closet units. Moreover, for the bathroom, water closet, or kitchen, there shall be no stipulation of one wall abutting open space, etc. as long as artificial light & ventilation through any means are provided.

iii)  In water closet flushing system shall be provided with a minimum seat size of 0.46 m. (18 inches).

iv) A septic tank filter bed shall be permitted with a capacity of 150 liters per capita, where the municipal services are likely to be available within 4-5 years.

v) In the rehabilitation component, a lift shall not be insisted upon, up to ground plus five floors.

vi) Notwithstanding anything contained in this regulation, areas of common passages not exceeding 2.0 m. in width provided in the rehabilitation component to give access shall not be counted towards FSI even while computing FSI on site.

vii) Where the location of the plot abuts a nallah, the marginal open space along the nallah shall not be insisted upon beyond 3.0 m. from the edge of the trained nallah, provided at least on one side of nallah, marginal open space of 6.0 m. is provided.

viii) The distance between any two rehabs./composite buildings shall be as follows - a) For buildings with height up to 40.0 m. – Min. 6.0 m.

b) For buildings with a height above 40.0 m. up to 50.0 m. – Min. 7.50 m.

c) For buildings with height above 50.0 m. up to 70.0 m. – Min. 9.0 m.

d) For a building with a height above 70.0 m. – Min. 12.0 m.

The marginal distances from the front side and rear boundaries of the plot shall be maintained as follows -

a) If the slum rehabilitation site fronts on one or more roads, every side abutting on such roads shall be treated as the front side & marginal distances prescribed below for such front side shall apply. The front marginal distance shall be measured from the proposed road widening line in the plot, if any.

b) In congested areas, the front marginal distance shall be a minimum of 1.5 m.

c)  In a non-congested area the front marginal distance shall be a minimum of 4.5 m. for purely residential buildings and 6.0 m. for mixed-use buildings.

d) The side and rear marginal distances from the side and rear boundaries of the plot shall be a minimum of 3.0 m. for heights up to 24.0 m. It shall be increased proportionately with an increase in height above 24.0 m., but shall not exceed 6.0 m. for heights up to 45.0 m. For building height more than 45.0 m. relaxation to the extent of 50% in all marginal distances may be given, subject to a minimum of 6.0 m.

e) Front marginal open spaces for buildings having height up to 24.0 m. in the rehab- -component or composite building shall be 4.5 m. & 6.0 m. for buildings having a height of more than 24.0 m.

ix) A composite building shall contain at least 50 percent of the built-up area as rehabilitation components.

x) Wherever more than the minimum front and marginal spaces have been provided, such additional area provided may be considered as part of the amenity open space in the project comprising both rehabilitation and free sale components, and without charging any premium.

xi) Even if the amenity space is reduced to make the project viable a minimum of at least 8% of amenity open space shall be maintained at ground level.

xii) Between the dimensions prescribed for the pathway and marginal distances, the larger of the two shall prevail. The pathway shall act as access wherever necessary. The building shall be permitted to touch pathways.

xiii) The means of access shall be normally governed by the provisions of Regulation No.3.2. However, in the project, wherever the design of the buildings in the same land requires relaxation, it may be given. Access through existing pathways including the roads maintained under the relevant section of the MMC Act, 1949 but not less than 3.6 m. in width, shall be considered adequate for any slum rehabilitation project, containing buildings having heights up to 24.0 m. including stilts.

xiv) Premium shall not be charged for exclusion of staircase and lift-well etc.

xv) All relaxations outlined hereinabove shall be given to the rehabilitation component, and also to the composite buildings in the project. Premium shall not be charged for all or any of the relaxations given hereinabove. Provided that if any further relaxation in open spaces is granted by the Chief Executive Officer then the same shall be subject to compliance of the CFO requirement and recovery of premium at the rate of 2.5% of ASR. In the case of Slum Rehabilitation Schemes under this regulation, the amount of premium shall be computed as per the ASR rate prevailing at the time of issue of IOA and the same shall be recovered at the time of grant of full occupation permission to the respective building. All other redevelopment schemes shall be governed by their respective regulations.

xvi) Relaxations for the free sale component - Relaxation contained in sub-Regulation No

(viii) above, as well as other necessary relaxations shall be given to the free sale components on payment of premium at the rate of 2.5% of Ready Reckoner Rate or 10% of normal premium whichever is more.

xvii) In order to make the SRS viable, the CEO of SRA shall be competent to make any relaxation wherever necessary for reasons to be recorded in writing.

xviii) For rehabilitation tenements, car parking at the rate mentioned in these regulations shall be provided or one parking space per tenement for two-wheelers shall be provided. The above parking spaces may be provided in any combination.

14.7.12 Slums and Development Plan Reservations :

Slums situated in lands falling under various reservations/zones in the D.P. shall be developed in accordance with the following provisions.

i) Slums in any zone shall be allowed to be redeveloped in situ without going through the process of change of zone. In the free-sale component in any zone, in addition to residential uses, all the uses permitted for the original zone shall be permitted. For industrial uses, the segregating distance shall be maintained from the existing industrial unit.

a) Any plot/layout having an area under non-buildable/open space reservations measuring up to 500 Sq.m. shall be cleared by shifting the slum-dwellers from that site.

b) Where the area of the site having non-buildable/open space reservation, is more than 500 Sq.m. such sites may be allowed to be developed for slum redevelopment subject to the condition that the ground area of the land so used shall not be more than 65% of the reservation and leaving 35% rendered clear thereafter for the reservation.

ii) Existing slum structures on lands reserved for Municipal Schools/Primary and secondary schools or a Higher Education may be developed subject to the following :-

a) In case of land reserved for Municipal School, Primary and secondary school in the D.P., a building for accommodating the such number of students as may be decided by the Municipal Commissioner, nor in any case for less than 500 students, shall be constructed by the owner or developer at his cost according to the size, design, specification, and conditions prescribed by the Municipal Commissioner. The built-up area occupied by the constructed building shall be excluded for the purpose of FSI computation, and where it is intended for a Municipal School, the building or part thereof intended for the school use shall be handed over free of cost and charge to the Corporation. Thereafter, the land may be allowed to be redeveloped with the full permissible FSI of the plot according to this Regulation.

b) In the case of lands affected by the designation or reservation of a Higher Education in the D.P., a building for accommodating such number of students as may be decided by the Municipal Commissioner, not in any case for less than 800 students, shall be constructed by the owner or developer at his cost according to the size, design, specification and conditions prescribed by the Municipal Commissioner, the built-up area occupied by the constructed building shall be excluded for the purpose of FSI computation. The constructed building shall be handed over to the Corporation free of cost and charge and the Authority may hand over the same or part thereof intended for the School use to a recognized and registered educational institution for operation and maintenance on terms decided by him. Thereafter the land may be allowed to be redeveloped with full permissible FSI of the plot according to this Regulation.

c) In case the area under reservation of Municipal School/Primary and secondary school or a Higher Education is spread on an adjoining plot and the plot under development, then in such cases Commissioner with special permission may insist upon the construction of a Municipal School or a Higher Education in proportion to the area under reservation affecting the plot under development. Requirements of Play Ground as per these regulations may not be insisted for (i) above.

iii) For other buildable reservations excluding Municipal Schools or a Higher Education on lands under a slum built-up area equal to 25 percent of the area under that reservation in that plot, shall be demanded free of cost by the Slum Rehabilitation Authority for the Municipal Corporation or for any other appropriate Authority.

iv) In case of the plot reserved for the Parking Lot 125% of the built-up area as per zonal basic permissible FSI of such reserved area shall be handed over to the Municipal Corporation.

The developer/owner shall be entitled to the Built-up Area (BUA) in lieu of the cost of construction against handing over of built-up amenity.

v) Existing slum structures on lands reserved for Rehabilitation & Resettlement shall be treated as sites for the development of slum structures and shall be allowed for redevelopment according to this Regulation.

vi) Slum Rehabilitation Permissible on Town Planning Scheme Plots :-

Slum Rehabilitation scheme can be taken up on the final plots of the Town Planning

Scheme, as per these regulations and further as per conditions given below.

a) Such slum should be notified slum.

b) If the owner of a final plot in the Town Planning Scheme has already accepted or accepts

the possession of the plot along with encroachments and has developed/develops the remaining vacant plot with full permissible FSI of the entire Final Plot retaining encroachments on his plot, then the slum rehabilitation scheme on the encroached plot shall be developed as follows :-

i) The Slum Rehabilitation Scheme shall be entitled to FSI as per these regulations.

ii) The owner of the Final plot can develop the slum rehabilitation scheme subject to the condition that the in-situ FSI of the scheme shall be reduced to the extent of the FSI of such encroached plot already utilized in the remaining vacant plot.

iii) The owner shall demarcate the area in his plot that is occupied by the slum encroachments and transfer such land in the name of the Authority. The Authority on its own or through the Co-Op Housing of Hutment dwellers may initiate a Slum Rehabilitation Scheme on the encroached area of the Final Plot. Further, the Authority shall record the number of tenements, names of occupiers, and area occupied of the time of granting permission.

14.7.13 Anganwadi, Health Centre / Outpost, Community Hall /Gymnasium / Fitness Centre, Skill Development Centre, Women Entrepreneurship Centre, Yuva Kendra / Library Society Office, and Religious Structures :

i) There shall be a Balwadi, a Welfare hall, and any of the two amenities mentioned above. There shall be a health Centre/outpost, Anganwadi, skill development center, women entrepreneurship center, yuva Kendra / library of size 27.88 sq.m. for every multiple or part of 250 hutment dwellers. In case of misuse, it shall be taken over by the SRA which will be competent to allot the same to some other organization /institution for public use. Balwadi shall also be provided for on a similar scale. An office for the Co-operative housing society shall be also constructed for every 100 rehab tenements in accordance with these Regulations. However, if the number of rehab tenements exceeds 100 then for every 100 rehab tenements such additional society office shall be constructed. There shall be a community hall for rehab bldg. of the Project as a part of the rehabilitation component. The area of such a hall shall be 2% of the rehab built-up area of all the buildings or 200 Sq.m. whichever is less.

Religious structures existing prior to redevelopment, if allowed in accordance with the guidelines issued by the Government from time to time as part of redevelopment shall not exceed the area that existed before redevelopment. Other social infrastructure like Schools, Dispensaries, and Gymnasiums run by Public Authority or Charitable Trusts that existed prior to the redevelopment shall be allowed without an increase in the existing area.

However, it is provided that in the slum rehabilitation project of less than 250 hutments, there shall be a Balwadi, a Welfare hall, and any of the two amenities mentioned above, as decided by the co-operative housing society of slum dwellers, of the size of 27.88 Sq.m. and office for the Co-operative housing society in accordance with these Regulations.CEO, SRA may permit the accumulation of the amenities mentioned above but ensure that it shall serve equitably to the rehab area.

ii) All the areas underlying Anganwadi, health center/outpost, community hall/gymnasium/fitness center, skill development center, women entrepreneurship center, yuva kendra/library community hall/s, society office, balwadi/s, religious structure/s, social infrastructure like School, Dispensary, Gymnasium run by Public Authority or Charitable Trust, the commercial areas given by way of incentives to the co-operative society and the non-government organization shall be free of cost and shall form part of rehabilitation component and it is on this basis the free-sale component will be computed.

iii) Anganwadi, health center/outpost, community hall/gymnasium/fitness center, skill development center, women entrepreneurship center, yuva kendra / library society office, Balwadi/s and religious structures, social infrastructure like School, Dispensary, and Gymnasium run by Public Authority or Charitable Trust in the rehab component shall not be counted towards the FSI even while computing permissible FSI on site.

14.7.14 Payments to be made to SRA and Instalments :

i)  An amount of Rs.40,000/- or such an amount as may be decided by the Planning Authority from time to time per tenement including the welfare hall and balwadi in the rehab component as well as in the case of permanent transit camp tenements will have to be deposited by the owner/developer/society with the Slum Rehabilitation Authority, in accordance with the time-schedule for such payment as may be laid down by the CEO, SRA. However, by the time of completion of construction for occupation of tenements by the hutment dwellers, the total amount at the rate of Rs.40,000/- per tenement completed should have been deposited in full. The building permission for the last 25 percent of the free-sale component would be given only after all the required amount is deposited in full with SRA.

ii)  An amount at the rate of 2% of ready reckoner rate as prevailing on the date of issue of LOI per Sq.m. such an amount as may be decided by GOM from time to time shall be paid by the Owner/Developer/Society/NGO for the BUA over and above the Zonal (basic) FSI, for the rehabilitation and free-sale components. This amount shall be paid to the SRA in accordance with the time schedule for such payment as may be laid down by the CEO, SRA provided the installments shall not exceed beyond the completion of construction. This amount shall be used for Schemes to be prepared for the improvement of infrastructure in slum or slum rehabilitation areas. These infrastructural charges shall be in addition to development charges levied as per section 124 of M.R. & T.P. Act, 1966.

Provided that out of the amount so recovered as Infrastructural charges, 90% amount will go to the Municipal Corporation and 10% amount will remain with SRA.

14.7.15 Conversion of Old Project into New Project :

i) Projects, where LOI has been granted, shall be treated as per the provisions existing on the date of LOI. In case such a project comes up for a revised LOI or change of developer or any other change, including recording and resubmission without change in slum boundary, these regulations shall apply. Provided further that for amalgamation of schemes being sought and for schemes that have been sanctioned under different regulations (earlier as well as current ones), FSI calculations shall apply as per these regulations.

ii) Exceptions

a)  Schemes approved prior to coming into force of these Regulations :-

The slum rehab schemes where LOI has been issued by SRA prior to the date of coming into force of these Regulations and which is valid may continue to be governed by the regulation applicable prior to these Regulations.

b)  Wherever the S.R. Scheme sanctioned by the CEO (SRA) is under progress on reservations shall be valid & continue.

iii) In case of conversion of old SRD Scheme to new S.R.Scheme on land owned by Govt. Semi-Govt. undertaking and local bodies, the developer shall pay the premium at the rate of Twenty-Five percent of land value as per the ASR in proportionate to the difference of FSI sanctioned in the old SRD Scheme and new S.R.Scheme. Payment of premium shall not be applicable to those schemes wherein the lease is already executed by concerned authorities.

14.7.16 Provision relating to Permanent Transit Camp Tenements for Slum Rehabilitation Scheme implemented on open plot / non-slum plot.

Total FSI on plot area may be allowed to be exceeded up to 4 for construction of Transit Camp tenements for SRA.

i) The FSI land distribution of additional FSI for the construction of Transit Camp Tenements shall be as shown below –

ii) Such schemes shall not be permissible on lands reserved in the Development Plan and Zone in which Residential development is not permissible.

iii) Transit tenements for SRA out of additional FSI could be used for construction of Transit Camp of tenements having carpet area of 27.88 Sq.m. Ground floor shall be used for commercial tenement having carpet area of 20.90 Sq.m. (225sq.ft.) for project affected commercial tenements and same shall be handed over free of cost to SRA. Alternatively, residential tenements can be used for Government Staff Quarters, etc.

iv) Provision of Anganwadi, Health Centre/Outpost, Community Hall/Gymnasium/Fitness Centre, Skill Development Centre, Women Entrepreneurship Centre, Yuva Kendra/Library, Society Office, Balwadi, shall be as per Regulation No.6.14.4 of this DCR to these transit camps 25% of basic FSI shall be exclusively used for the purpose of shops along layout road for use of residential occupants of the layout.

v) Additional FSI over and above basic FSI may be released in co-relation to the BUA of the tenements that are required to be handed over free of cost to SRA/Authority as the case may be. Alternatively, TDR in lieu of unconsumed sale component of additional FSI, as per this Regulation, may be permitted for Permanent Transit Camp (PTC) for which SRA will be the Planning Authority.

vi) Only after the Transit Camps are handed over free of cost to the SRA, the Occupation Certificate, water connection, power connection, etc. for the other portion shall be given by the Appropriate Authority.

vii) Clubbing - The entire rehabilitation components including base FSI may be categorised as rental housing and permanent transit components as applicable and the corresponding sale components from the additional FSI amongst two or more schemes under this regulation can be permitted to be interchanged. A developer/developer making an application under this regulation may club more than one plot belonging to a single or multiple owners and offer permanent transit component on a single plot while shifting sale component as well as base FSI of the plot to other plot agree and make a joint application. However, clubbing shall be allowed only if it leads to an independent plot/building/wing as the case may be with a permanent transit component being handed over to the Authority.

The developer shall have to pay a premium equal to 40% of unearned income calculated with the rates of construction as well as sales given in ASR of the year of payment. The unearned income shall be computed by calculating the valuation of the sale component awarded in lieu of the component for the Authority after deducting the cost of construction of the sale as well as the Authority's component and the cost incurred to various authorities towards statutory payments relating to the Authority as well as sale component. In case there is a shifting of base FSI within plots in the clubbing scheme, the difference of land valued in ASR shall be taken into account while finalizing unearned income, and this difference shall be calculated as 100% towards premium.

Such clubbing can be allowed for the schemes falling within a distance of 5 Km.

The premium shall be paid to the Authority in two stages 50% at the time of IOA and 50% at the time of issuing C.C. for the incentive FSI, or the developer has to surrender equivalent sale FSI in the form of constructed BUA to the extent of premium in the scheme to be valued at ASR rate of sale in the year of such surrender of built-up area.

Note - Out of the total premium amount so collected under the rehabilitation scheme under this these Regulations, 2/3rd shall be kept in a separate account to be utilized as a shelter fund for the State of Maharashtra and 1/3rd shall be deposited at the District Office of the Town Planning Department.

Related Regulations

You can visit our other blogs related to Regulations 14 through the below-mentioned links:

Integrated Logistic Park (ILP) in UDCPR 2020

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

Development of Tourism and Hospitality Services under Community Nature Conservancy around Wild Life Sanctuaries and National Park in UDCPR 2020

Slum Rehabilitation for Pune, PCMC, PCNTDA, and Nagpur in UDCPR 2020

Urban Renewal Scheme in UDCPR 2020

Conservation of Heritage Buildings, Precints, Natural Features in UDCPR 2020

Pradhan Mantri Awas Yojana in UDCPR 2020

Integrated Information Technology Township (IITP) in UDCPR 2020

Affordable Housing Scheme in UDCPR 2020

Integrated Township Project (ITP) in UDCPR 2020

Transit Oriented Development (TOD) 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. 1.0 Short Title, Extent & Commencement

These regulations shall be called as “Unified Development Control and Promotion Regulations for Maharashtra” (hereinafter called “These Regulations” or "Unified Development Control and Promotion Regulations" - ‘UDCPR’ )

1.1  Extent and Jurisdiction

i)  These regulations shall apply to the building activities and development works on lands within the jurisdiction of 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, Chikhaldara notified area (consisting Chikhaldara Hill Station M.C. & four villages) Eco-sensitive/Eco-fragile region notified by MoEF & CC, and Lonavala Municipal Council in Maharashtra.

ii)  These Regulations shall also be applicable to the Town Planning Scheme area. However this will not bar the Development Permission to be granted as per the Regulations of the Town Planning Scheme intoto.

1.2  Commencement of Regulations

These regulations shall come into force with effect from the date of publication of notification in the official Gazette. All the Development Control Regulations/special Regulations which are in operation shall cease to operate.

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

Savings in Administration in UDCPR 2020

There are general regulations about any construction permissible on land and no piece of land shall be used as a site for the construction of a building if the site is not eligible for it.

If the Authority considers that the site is insanitary, incapable of being well-drained, or is dangerous to construct a building on it then it is not permissible to use this land as a site for construction.

For Example, if the site is in Defense land, Railway region Hilly region, or not drained properly in this case there one cannot construct anything on the land without considering the regulations. This information about reservations and their use is very important when someone starts actual planning, whether they are land owners, builders, or construction owners. It is a must-know information before purchasing land or starting construction on the land.

This information about reservations and their use is very important when someone starts actual planning, whether they are land owners, builders, or construction owners. It is a must-know information before purchasing land or starting construction on the land.

UDCPR 2020 Chapter 3 is all about General Land Development Requirements.

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. 3.8 Provision for Inclusive Housing 

3.8.1

This regulation shall be applicable only to Municipal Corporations having a population of 10 lacs or more as per the latest Census, as mentioned in Regulation No.3.8.2.

3.8.2 Inclusive Housing –

Provision for inclusive housing shall be applicable in the following cases :-

(a) For the sub-division or layout of the land :-

For the sub-division or layout of the land admeasuring 4000 Sq.m. or more (after deducting area under D.P./R.P. Roads, D.P. Reservations including deemed reservations under these regulations, if any) for residential purposes, a minimum of 20% of the plot area shall have to be provided either :-

i)  in the form of developed plots of 30.0 to 50.0 sq.m. size for Economically Weaker Sections/Low-Income Groups (EWS/LIG), (hereinafter referred to as “affordable plots”) for allotment to the allottees as per the list provided by MHADA, OR

ii)  in the form of plot/plots equivalent to 20% of the plot area for constructing EWS/LIG tenements to be handed over to MHADA. Within this 20% area, proportionate road and recreational open space area of this 20% space, shall be included, OR

iii) The Landowner/Developer can exercise an option to construct EWS / LIG tenements on the said 20% plot area as per provisions specified in subsequent Regulation No. (b).

Provided that the affordable Housing Plots/tenements as mentioned in (i, ii, and iii) above can also be provided at some other location(s) within 1.0 km. from the original location or within the same ward, OR

iv)  The Landowner/Developer may hand over the affordable plots to MHADA at one place in lieu of FSI/DR as per TDR regulations to be utilized on the remaining plots.

Provided that in case the Landowner/Developer desires not to utilize such additional FSI/DR in the same land, fully or partly, then he shall be awarded TDR instead of such unutilized additional FSI. The utilization of this TDR shall be subject to the provisions of TDR regulations.

b)  For Group Housing Scheme :-

For a plot of land, admeasuring 4000 Sq.m. or more (after deducting area under D.P./R.P. Roads, D.P. Reservations including deemed reservations under these regulations, if any) to be developed for a Housing Scheme consisting of one or more buildings (hereinafter referred to as 'the said Scheme'), EWS/LIG Housing in the form of tenements of size ranging between 30.0 and 50.0 Sq.m. (1) carpet area (hereinafter referred to as 'affordable housing tenements) shall be constructed at least to the extent of 20% of the basic FSI subject to the following conditions :-

i)  The built-up area of the EWS/LIG tenements constructed under the Scheme shall not be counted towards FSI and such built-up area of EWS/LIG tenements (20%) shall be over and above the permissible FSI/TDR as per UDCPR.

ii)  The Landowner/Developer shall construct the stock of the affordable housing tenements in the same plot and the Authority shall ensure that the Occupation Certificate for the rest of the development under the said scheme is not issued till the occupation certificate is issued for the Affordable Housing tenements under the scheme.

Provided further that the Affordable Housing tenements can also be provided at some other location(s) within 1.0 km. from the original location or within the same ward to the extent of 40% of the basic permissible FSI over and above the permissible built-up area of the receiving\alternative plot and such area shall be free of FSI on such alternative plot.

However, Affordable Housing tenements to be constructed on such alternative plots shall be increased in proportion to the land rate of the respective lands for that year.

iii)  The Owner/Developer, after getting the commencement certificate of the Affordable Housing component as mentioned above shall immediately intimate to MHADA regarding the number of tenements to be disposed of by them to the allottees. Upon such intimation, MHADA within a period of six months, from the date of receipt of such intimation, after following procedure, shall send the list of allottees and forward it to the Owner / Developer. The Owner/Developer shall allot such tenements to the allottees at the construction cost mentioned in ASR applicable of the year of disposal (date of occupancy certificate) plus 25% additional cost. Out of this 25% additional cost, 1% shall be paid to MHADA towards administration charges by the Owner/Developer.

If the allottees fail to deposit the amount in the phased manner as specified in the agreement within the specified time limit, then the allotment shall stand canceled and in such case, the owner/developer shall dispose of such tenements in the market at the construction cost in ASR applicable to the land of the year of disposal plus 25% additional cost to the persons belonging to the EWS/LIG category as determined by Government in Housing Department. This shall also be applicable for plots mentioned in (a) above.

If MHADA fails to send the list within the period of six months as specified above, the concerned Planning Authority, after following the procedure as that of MHADA shall send the list of allottees within six months. If such Authority also fails to send the list as specified above, the Owner/Developer shall be at liberty to dispose of the tenements in the manner mentioned in the para above.

Provided that these regulations shall not be applicable :-

a) In the case of individual bungalows irrespective of plot area, redevelopment of existing buildings of Co-operative societies/development of buildings of Government/Semi-Government/Government controlled bodies including BOT/PPP projects or projects undertaken through agency development under Regulation No.7.3, development of MHADA colony under Regulation No.7.4, Development of housing for EWS/LIG under Regulation No.7.7, Development of PMAY under Regulation No.14.4, any development in agriculture (or equivalent) zone.

b)  in case of development of reservation for Public Housing, Housing the Dis-housed, Public Housing/High-Density Housing, and the EWS/LIG tenements constructed under the provisions of any other Act, land exempted and developed for weaker section housing scheme under section 20 of ULC Act and allowing Residential/Commercial user in Industrial zone.

c)  if the company/factory establishment proposes to construct staff quarters for their staff on their own land and such construction which is meant to be used for only staff quarters and not for the sale of tenements/flats.

d)  lands reserved in the Development Plan which are being developed under the Accommodation Reservation policy.

e)  For any Housing Scheme or residential development project wherein, owing to the relevant provisions of the Development Control Regulations/Laws, 20% or more of the basic FSI is required to be utilized towards the construction of residential tenements for the EWS / LIG.

iv)  The Landowner/Developer may also be permitted to utilize 1/4th of the total 20% FSI earmarked for Affordable Housing towards the construction of Affordable Housing Tenements in the form of service quarters in the same or separate building which shall have to be sold as service quarters only to the purchasers of free sale flats under the said scheme.

v)  Affordable Housing tenements are to be constructed to the extent of 20% of basic FSI only and shall not be required on additional FSI/TDR wherever permissible as per UDCPR.

vi)  Amalgamation of affordable plots/affordable tenements shall not be allowed.

vii) The Government may nominate any other Authority instead of MAHADA mentioned in the above Regulation, if required in the future.

(c) Prospective Applicability : These Provisions shall be applicable prospectively and shall not apply to revised permission of any Layout, Housing Scheme, or residential development project wherein a Commencement Certificate has been issued before the date of coming into force of these provisions and is valid on such date. However, this provision shall be applicable to revised permission where revised permission is sought including an additional area of more than 4000. In such case, this provision shall be applicable to additionally included areas.

Provided that, earlier permission wherein provision for affordable housing is made in accordance with the then prevailing regulations, shall also be entitled for revision under this regulation.

3.8.3 

If the owner/developer desires to construct inclusive housing, even though it is not mandatory, inclusive housing may be provided with prior NOC from MHADA with respect to the requirement of EWS/LIG housing, then in addition to basic entitlement he shall be entitled for, additional 25% FSI of the land covered under Inclusive Housing on his remaining land.

3.8.4 

Provision of Inclusive Housing shall not be applicable, if the plots are auctioned by public authorities without the condition of providing Inclusive Housing before coming into force of these regulations. However, it shall be mandatory on public authorities to stipulate the condition of providing Inclusive Housing as per the provision of this regulation, while auctioning the plots hereinafter, wherever applicable.

Related Regulations to Rule No. 3 - 

You can visit our other blogs related to Regulations 3 through the below-mentioned links:

Recreational Open Spaces in UDCPR 2020

Provision for Amenity Space in UDCPR 2020

Minimum Plot Area for Various Uses in UDCPR 2020

Relocation of D.P Reservations (Except Road) UDCPR 2020

Rules for Railway Line, River, Electric Line, Airport, Nallah in UDCPR 2020

Plotting, Land Subdivisions, and Access Road Rules in UDCPR 2020

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.

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.

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.

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.

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.

Related Regulations to Rule No.6 - 

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

What are the 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

What are the Setback, Marginal, Distance, Height in Non Congested Area in Maharashtra in UDCPR 2020

Rule No.7.12 Buildings of Smart Fin-Tech Centre

i) The Authority may permit additional FSI up to 200% over and above the basic permissible FSI to Smart Fin-Tech Centre located in Residential/Industrial/Commercial Zone, which have been approved by the Directorate of Information Technology, proposed to be set up (hereinafter referred to as the "said unit") by charging premium of 20% of the land rate for the said land as prescribed in Annual Statement of Rates for the relevant year of granting such additional FSI.

Provided that additional FSI shall be permissible only on plots having an access road of a minimum of 18.0 m. width and subject to approval by a committee chaired by the Principal Secretary, Information Technology, and comprising representatives of Industries, Finance and Urban Development Department (UD-1).

Provided further that, the premium so collected shall be shared between the Planning Authority and the Government in the proportion of 50: 50. The share of the Government shall be deposited in the Fin-Tech Corpus fund which is being set up by the Director of Information Technology.

(Explanation: Premium charges shall be calculated based on the value of lands under such zones, determined by considering the land rates of the said land as prescribed in the Annual Statement of Rates (ASR). These charges shall be paid at the time of permitting additional FSI by considering the ASR for the relevant year without applying the guidelines).

ii) The total maximum permissible FSI shall not exceed the limit of 3.00. In case of plot fronting on roads having a width of 24.0 m. or more, the FSI may be permitted to be exceeded upto 4.00.

iii) No amenity space is required to be left for the development of plot/land up to 2.00 hectares for the Smart Fin-Tech Centre.

iv) At least 85% of the total proposed Built-up area (excluding parking area) shall be permitted for the business of Fin-Tech (start-ups, incubators, and accelerators), banking and financial service including NBFC and insurance, and IT/ITES with focus on Fin-Tech.

v) The Directorate of Information Technology will develop a web portal on which the developer of every Smart Fin-Tech Centre will be bound to provide/update detailed information about the names of the units in the park, utilization of built-up area, and activities being carried out, manpower employed in the Smart Fin-Tech Centre on a yearly basis.

vi) If a Smart Fin-Tech Centre has availed additional FSI as per the provisions of this regulation and subsequently it is found that the built-up space in the Smart Fin-Tech Centre is being used for non-Fin-Tech / commercial activities / any other activity, not permitted as per the Smart Fin-Tech Centre policy under which the said Centre was approved, a penal action as below will be taken, the payment shall be shared between the Authority and the Government in the ratio of 3:1.

a) The misuse shall be ascertained by physical site verification of the said Smart Fin-Tech Centre policy by a team of officers from the Directorate of Information Technology and the Authority, which has approved the building plans of the said Smart Fin-Tech Centre.

b) A per day penalty equal to 0.3% of the prevailing ready reckoner value of the built-up area that has been found to be used for non-Fin-Tech activities, shall be imposed.

c) The penalty will be recovered from the date of commencement of unauthorized use till the day of non-Fin-Tech activities.

After payment of the penalty to the Authority, which has sanctioned the building plans of the concerned Smart Fin-Tech Centre, the said Smart Fin-Tech Centre will restore the use of premises to the original purpose for which LOI / Registration was granted. If the Smart Fin-Tech Centre fails to pay the penalty and/or restore the use to its original intended use, the Authority will take suitable action under the Maharashtra Regional and Town Planning Act, 1966, against the erring Smart Fin-Tech Centre under intimation to the Directorate of Information Technology. These provisions will be over and above the penal provisions of the M.R. & T.P. Act, 1966.

vii) In this regulation the terms and expression shall have the meaning specified in the Fin-Tech Policy declared by the Directorate of Information Technology vide Govt. Resolution No.DIT- 2018/CR-17/D-1/39, dated 16th February, 2018. Notwithstanding anything contained in the existing regulation, the above provisions shall be applicable to the Smart FinTech Centre.

Other provisions of existing regulations, which are not specifically mentioned in this regulation, shall be applicable.

Related Regulations to Rule No. 7

Rule No. 7.0 in UDCPR 2020

Entitlement of FSI for Road Widening or Construction of New Roads or Surrender of Reserved Land in UDCPR 2020

Development and Redevelopment Of Staff Quarters Of the State Government or Its Statuary Bodies or Planning Authority in UDCPR 2020

Development and Redevelopment of Housing Schemes of Maharashtra Housing Area Development Authority in UDCPR 2020

Redevelopment of Existing Buildings in UDCPR 2020

Development of Housing for EWS and LIG in UDCPR 2020

Regulations for Development of Information Technology Establishment, Data Centers in UDCPR 2020

Regulation for Development of Biotechnology Parks in UDCPR 2020

Incentive for Green Buildings in UDCPR 2020

Commercial Buildings in CBD, Commercial, Residential Zone in Planning Authorities Areas in UDCPR 2020