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In a housing society or apartment, an individual flat may be in the name of a resident of that flat. This does not mean that land is also in their name. A separate process of land transfer is to be done by the developer. This is called a conveyance deed. Bus sometimes this conveyance deed is not done by a builder for any reason. In such cases, society can get a transfer of land in their name through – the Deputy Registrar Co-Operative Society Maharashtra State. This land transfer process without the help of its old owner is called Deemed conveyance.


 

What Is A Conveyance Deed?

 

Any construction consists of two most important factors: the built-up area and the land on which the building is constructed. After the construction is completed, the builder/developer is supposed to transfer the land in the name of the society (or association of apartments). This transfer process is called a conveyance deed. A survey shows that in almost 80% of societies, this process was not completed.

 

Hence, the land is still in the old owner's name in the government record. When society needs redevelopment or modification permission, the land must be in society's name.

 

Once a minimum of 60% of flats in the project are sold, as per mofa-1963, the builder is expected to form a housing society or association of apartments of these flat owners. And hand over the entire ownership of the land, amenities & other structures (if any) in the society's name. With this, the ownership record of the land or the 7/12 extract of the revenue department bears the name of the housing society and the name of the builder or previous owner is removed. This transfer of rights is called the execution of the conveyance deed, and with it, the role of the builder comes to an end.

 

Why Is Conveyance Deed Important?

 

A cooperative housing society is registered if It has a minimum of 10 flats. The conveyance deed is not issued in the name of an individual. A flat owner only takes a purchase agreement when buying a flat from a builder. He thinks that he owns the flat and the land on which the housing scheme stands, but that is not the case. The housing society should have a conveyance deed to the legal owners of the land; otherwise, the builder continues to be the legal owner of the land. Such transfer of rights is required for changes like construction, removal of some property, some space or infrastructure to be rented, reconstruction or redevelopment.  If the FSI of that area is increased, society can do additional construction only if the conveyance deed is in favour of society.

 

Deemed Conveyance

 

  • Conveyance transfers the rights, title, interest and ownership of the land and building from the land owner/ property developer to the co- operative housing society.
  • Nearly 80% of the cooperative housing societies had not received the conveyance of land and building in their favour from the builder. The president of India gave the assent on February 25, 2008, and it became the law of the land. in June 2008, the necessary notifications were issued by the government of Maharashtra
  • Deemed conveyance is an amendment under sub-section (3) of section 11 of the Maharashtra Ownership Flats Act, 1963. It applies to the societies that have not received conveyance from the land owners & property developers after their formation.
  • The aggrieved society shall make a deemed conveyance application to the competent authority designated by the government of Maharashtra.
  • The application shall include the documents notified by the Government of Maharashtra for deemed conveyance. The competent authority shall hear the sway of the land owners and property developers. Then, on satisfaction, it shall issue the deemed conveyance order and certificate in favour of the aggrieved society.
  • The competent authority shall execute the deemed conveyance deed on behalf of the defaulting land owners & property developers with the aggrieved society.

 

List of documents for deemed conveyance as under

 

  1. Resolution & Notice To Builder
  2. Development Agreement
  3. Power Of Attorney
  4. Layout Plan (Blueprint)
  5. Commencement Certificate
  6. Completion Certificate
  7. 7/12 Extract
  8. Title & Search Report
  9. N.A. Order
  10. ULC Order (If Any)
  11. Single Copy Of An Agreement (First Buyer)
  12. Index-II (Of All Flats/Shops)
  13. Architect's Area Certificate
  14. Society Registration Certificate

 

Non-Agricultural land has more valuation than other lands

Content Table:

  • What is NA?
  • NA from the terminology of Foot2Feet?
  • NA from common facts in feasibility report
  • Misconceptions of NA
  • Process to do NA in a Municipal corporation
  • Process of NA in a Non-municipal corporation
  • Conclusion

Lands or plots are broadly classified into three major types; Agricultural land, Non-agricultural land (NA) and Forest land.

What is NA?

Non-agricultural land or NA is a type of land on which residential or commercial buildings, factories, and industries can be constructed. Whereas, agricultural lands are typically lands devoted to agricultural activities. It is illegal to construct a residential or commercial estate upon agricultural lands.

A. NA from the terminology of Foot2Feet:

Non-agricultural land or NA can be from different zones like Urbanizable Zone, Industrial Zone, Recreational Zone & Residential Zone or R-Zone. For NA land, zone plays an important role. Any land is by default agriculture land in India, except the land in Gaothan area. NA land is not necessarily to be residential all the time, and similarly residential land is not necessarily NA land always.

B. NA from common facts in feasibility report:

Feasibility is one of the primary steps that owners, developers or builders conduct. The feasibility report states the possibilities and written statements that your land or piece of plot is possibly fit to withstand your planned project. It may contain graphs, statistics, statements, and an in-depth analysis of certain components.

After buying NA it is important to see if the land is feasible or not for construction. It assists in the growth and development of papers of execution and determines the required permissions and approvals needed for NA.

C. Misconceptions of NA:

There are few misconceptions regarding the non-agricultural land which need to be eradicated. Listed below are some of the myths that are often associated with NA:

  1. Tax benefits: It is a common assumption among people that there are no tax benefits in buying NA land as against buying pre-built houses. Yes, it is true that the interest payable on a loan taken to buy a plot of land is tax deductible only if that land is used for generating income, unlike a loan taken to acquire a property. However, the interest can be capitalized and added to the cost of acquisition of the plot, which can help in reducing the capital gain tax liability at the time of sale of the plot.
  2. Cost: Buying a piece of land does not need tonnes of cash, as it is in the case of buying pre-built houses. A good land deal can be locked at a moderate investment of Rs. 5-10 lakhs in a good location which is quite capable of yielding worthwhile returns in the long term, usually 5-7 years, but 10-15 years is always a better bet.
  3. Loans: It’s a misconception that banks do not provide loans for buying NA land. But, banks do provide financing for buying land from statutory bodies or reputed developers. However, the interest rates for buying land are about 1-2% higher when compared to regular home loans. Also, the tenure of such a loan is restricted to a maximum of 7-10 years.

D. Process to do NA in a municipal corporation:

Before carrying out any development on the agricultural land, the occupant of the land has to apply to the collector for permission to convert the use of agricultural land for any non-agricultural purpose.

After converting the agricultural land into NA land, it becomes easier to receive permission for construction from the local governing bodies.

Let’s take a look at various steps to be followed to do the NA process:

  1. Apply for building permission: In order to start any new building construction, the occupant or superior holder of land need to first furnish an application form along with the supporting documents to the District collector in whose jurisdiction the concerning agriculture land is situated.
  2. Verification: After receiving the application request, the concerning District collector will acknowledge the application within seven days and send a copy of the application to Tahsildar. If the proposed area is within the jurisdiction of a Municipal corporation, the collector consults them concerning acquiring the building permit.
  3. Get NA NOC from Tahsildar: TheTahsildar will check for revenue clearance and technical clearance. The tahsildar will also check certain parameters like if the applicant is the rightful occupant of land and is empowered to file for a change of land use if any dues are pending to any department by the occupant, and whether the local authority has any objections for land conversion.
  4. Issuing of NA conversion order: The District collector will issue an order of conversion within a month of the date of payment of premium and then authorize the Tahsildar to change the particulars of the land by making necessary entries in the revenue records.
  5. Pay NA Taxes: The land occupier or landholder has to pay NA land taxes from the date on which NA land use begins. If the occupier or holder fails to inform the Tahsildar within the period specified, he/she will be liable to pay in addition to the non-agricultural assessment fine of five hundred rupees to the District collector.

E. Process of NA in a non-municipal corporation:

If there is no Municipal Corporation or Municipal Council in the area for proposed conversion of agricultural land to non-agricultural land, the applicant needs to submit a No Objection Certificate (NOC) and clearance certificate.

F. Conclusion:

The process of land conversion from agricultural to non-agricultural might look tedious and lengthy, but it is quite simple if implemented properly. To know more about various factors involved in land deals, land reservations, and different types of land zones, keep in touch with Foot2Feet.

We provide various services, solutions and deep knowledge related to land, construction, Tax NOC, and much more.

Calculation of FSI Pline and its exemption 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 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. 6.6 CALCULATION OF BUILT-UP AREA FOR THE PURPOSES OF FSI

 

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 which is counted in FSI, then such construction shall also be measured in P-line in that respective floor.

 

Rule No. 6.8 EXCLUSION OF STRUCTURES / PROJECTIONS FOR FSI CALCULATION

 

i)  Exclusion of Structures/Projections for FSI Calculation Structures/Projections/features/ ornamental projection of glass façade permitted in marginal open spaces as mentioned in Regulation No.6.7

 

(a) Projections into Marginal Open Spaces :- Every open space provided, either interior or exterior, shall be kept free from any erection thereon and shall be open to the sky, and no cornice, chajja, roof, or weather shade more than 0.75 m. wide shall overhang or project over the said marginal open spaces so as to reduce the width to less than the minimum required. However, sloping / horizontal chajja provided over the balcony/gallery, etc., may be permitted up to balcony projections at a horizontal level.

 

(c) Ledge for Air conditioning unit as specified in Regulation No.9.5 - LEDGE OR TAND / LOFT

 

9.5.1 Location and Extent

 

Ledge or Tand may be provided at suitable places as per requirement. Lofts may be provided over kitchens, habitable rooms, bathrooms, water closets, and corridors within a tenement in residential buildings, over shops, and in an industrial buildings, as mentioned in below Table No.9-B subject to the following restrictions –

 

i)  The clear head room under the Loft shall not be less than 2.1 m.

 

ii)  Loft in commercial areas and industrial buildings shall be located 2.0 m. away from the entrance.

 

iii)  Loft shall not interfere with the ventilation of the room under any circumstances.

 

iv)  The maximum height of the loft shall be 1.5m.

 

Table No.9-B - Provision of Loft
Sr. No.Rooms over which PermittedMaximum Coverage (Percentage to area or room below)
(1)(2)(3)
1Kitchen/Habitable Room25
2Bathroom, Water Closet, Corridor100
3Shops with widths up to 3.0 m.33
4Shops with a width exceeding 3.0 m.50
5Industrial33

 

9.5.2 Location and extent of Ledge for Air Conditioning unit

 

Ledge for the Air Conditioning unit may be provided on the exterior of wall of the rooms of size not exceeding 0.5 m. x 1.0 m. at the suitable location.

 

(d) A canopy or porch not exceeding 5 m. in length and 2.5 m. in width in the form of a cantilever and unenclosed over the main and subsidiary entrances, providing a minimum clear height of 2.4 m. below the beam bottom of the canopy. The canopy shall not have access from the upper floors (above floors), for use as a sitting out place. There shall be a minimum clearance of 1.5 m. between the plot boundaries and canopy.

 

Provided that more than one canopy may be permitted in the case of special buildings as per requirement.

 

(e) A projection of a maximum of 30 cm. on the rooftop terrace level may be allowed throughout the periphery of the building. In the case of pitched roof projection, a maximum of 45 cm at rooftop level throughout the periphery of the building shall be allowed.

 

(f)(iii) Underground Suction tanks, soak pits, wet and dry garbage separately with collection chambers, space required for fire hydrants, electrical and water-fittings, underground water tanks, dustbins etc.

 

(g)  Ramp for basement in side and rear marginal distances subject to provisions under Regulation No.9.12.

 

(j) Architectural projections - Architectural projections as specified in Regulations No.9.30.

 

(k) Construction of ottas, railings, barricades, or supporting columns for canopy or porch shall not be permitted within the minimum required front marginal distances. However, steps or steps along with otta may be permitted to project upto 1.2 m. from the building line.

 

ii)  Stilt/Multi-storeyed floors/podium/basement, if used (2) exclusively for parking including passages (2) and staircase, Lift Duct/Lobby therein and basement used for users mentioned in Regulation No.9.11.1(i) to (iii).

 

iii)  Areas covered by Porches, Canopies, lofts, ledge or tand, shelves, Air Conditioning Plant Rooms, Lift Well, Lift-Machine Room, and Service Floor of height not exceeding 1.8 m. height or as permissible as per Regulation No.9.33 below the beam, for hospitals, shopping malls, plazas, and Star category hotels (rating with three stars and above) and like buildings, other buildings above 15.0 m. in height.

 

iv)  Area of structures for water, grey water, wet-waste or an effluent treatment plant, rainwater harvesting Pump rooms, electric cabin of sub-stations/of generator set area, electric meter rooms as per requirements, Refuge chutes/garbage chutes/garbage shafts for wet and dry garbage separately with collection chambers.

 

v)  Rockery, Well and well structures, Plant Nursery, Water Pool, platform around a tree, Fountain, bench, Chabutara with open top and unenclosed sides, Ramps, Compound wall, Gate, slide/swing, Steps outside the buildings, Domestic working place (open to sky), Overhead water tank on top of the building, Refuge area for high rise buildings as specified in Regulation No.9.29.6

 

vi)  Telecommunication tower, antenna, and allied activities.

 

vii)  Atrium may be allowed in any type of building. Such an atrium may be allowed to be enclosed on top by a transparent or opaque sheet.

 

viii)  Open to sky terraces, top of the podium, open to the sky swimming pool on the top terrace and top of the podium with plant room.

 

ix)  Structures permissible in recreational open space as per Regulation No.3.4.7 - Structures permitted in Open Space

 

If required, structure and uses that can be permitted without counting in FSI in the recreational open spaces shall be as under :-

 

i) There may be a maximum two-storeyed structure with a maximum 15% built-up area of recreational open space, out of which, the built-up area on the ground floor shall not exceed 10%. In case of stilt, additional floors may be allowed.

 

ii)  The structures used for the purpose of the pavilion, gymnasia, fitness center, clubhouse, vipashyana, and yoga center, crèche, kindergarten, library, or other structures for the purpose of sports and recreational activity (indoor or outdoor stadiums, etc., as per availability of area) may be permitted. Utilities such as water tanks (underground or elevated), electric substations, generator sets, pump houses, garbage treatment, and public health outposts/centers may be permitted only with the consent of the society of residents. Religious structure may be allowed with the permission of competent Authority as decided by the Government from time to time.

 

iii)  No detached toilet block shall be permitted.

 

iv)  A swimming pool may also be permitted in such a recreational open space. The ownership of such structures and other appurtenant users shall vest in all the owners on account of whose cumulative holdings the recreational open space is required to be kept in the land.

 

v)  The proposal for the construction of such structure should come as a proposal from the owner/s, owners’ society/societies, or federation of owners’ societies and shall be meant for the beneficial use of the owners/ members of such society/societies/federation of societies.

 

vi)  The remaining area of the recreational open space shall be kept open to the sky and properly accessible to all members as a place of recreation, garden, or a playground.

 

vii)  The owners’ society/societies, the federation of the owners’ societies shall submit to the Authority, a registered undertaking agreeing to the conditions in (v) & (vi) above while obtaining permission for the above said construction.

 

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 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

 

What are the Setback, Marginal, Distance, Height, and Permissible FSI in Gaothan or Congested Area in Maharashtra in UDCPR 2020

 

Terminology used in Building Bylaws

 

Whenever you see a town planning map or a blue print, you come across various terms like open space, amenity space. Here is details explanation in common man’s language for construction related building rules. 

 

FSI (Floor Space Index)

 

  1. In general language FSI means permissible built up area on any plot. It is calculated by dividing Built up area by Plot Area.
  2. FSI = built up area/Plot area.
  3. E.g. – If permissible FSI for a plot of 1000 Sqft. is 1.10, then we can construct 1100 Sqft. of built up area. (say 225 Sqft on 4 floors or 550SqFt on 2 floors)
  4. Ducts, Parking floor, basement, architectural treatment are not considered while calculating FSI.
  5. Depending upon planning authority by-laws, balcony, terrace, staircase, lift, lift machine room are deducted from FSI on payment of premium.

Check FSI in pune https://foot2feet.com/construction-calculator/pmc/fsi-in-pune/ 

 

Open Space

 

  1. Open space is the space left for recreational activities for the user of that plot. It remains part of the same land under ownership of society.
  2. Generally we have to leave 10% of total plot area for any building or layout permission.
  3. Depending upon by-laws smaller plots, gunthewari plots, N.A. plots do not require open space area.

 

Amenity space

 

  1. Generally for plot above 1 acre require 15% amenity space.
  2. Amenity space is a space to be left for government for planning various public amenities like school, hospital library, fire stations, police chowki etc.
  3. This space is to be handed over to govt. and owner gets FSI as compensation for land. (In short there is only loss of space but no loss of FSI)
  4. N.A. plots and smaller plots do not require amenity space.

 

Paid FSI (Fungible FSI)

 

  1. It is additional FSI on any plot after payment of premium amount to planning authority.
  2. This premium amount depends upon ready reckoner rate of same land.

 

TDR (Transferable development rights)

 

  1. Due to planning authority reservations FSI of one land cannot be utilized entirely on same plot. Hence Government allow plot holder to sell or transfer FSI of his plot. This is called Transferable Development Rights. Buying TDR is like buying virtual land.
  2. Buyer of TDR can do extra construction on his land.
  3. One cannot load more TDR than permissible on that land. Maximum Permissible TDR on any plot depends upon Access Road, Land Zone etc… 

Checkout The detail information about Transferable Development Rights (TDR) https://foot2feet.com/site/tdr_transferable_development_rights/ 

 

Road Widening

 

  1. Area of plot falling under proposed or existing road is called as road widening area.
  2. FSI of this area can be utilized on same plot or converted into TDR.

 

Carpet area

 

  1. Before RERA Carpet area was considered as tile able area in property. It includes room floor area, Balcony area, terrace area, tile area at door jams etc…
  2. But After RERA (Real Estate Regulatory Act 2016) have modified carpet area concept a bit.
  3. According to RERA, carpet area include following things
  4. Room Area
  5. Internal wall area (wall between 2 rooms of same apartment)
  6. Dry balcony area (separately mentioned)
  7. Enclosed Balcony area (separately shown if any)
  8. Terrace area (separately mentioned) the only difference between RERA carpet & old carpet is that internal wall area is added in RERA carpet.

 

Built up Area

 

  1. Built up area term is most commonly used term in constriction industry. & at same time it has various meaning at various situations. Hence it is necessary to clarify area included or excluded while discussing with built up area. eg –
  2. For government approvals it is the area covered by a building on all floors including cantilevered portion, mezzanine floors if any but excepting the areas excluded specifically from FSI.
  3. For buyer / user – It is usable construction area which includes parking, floor area, but excluding footing & foundation area.
  4. For contractor it is total construction area including parking, 50 % footing, water tank etc.., but excluding top terrace area.

 

Conveyance Deed

 

Any construction consists of 2 most important factors first is b.up area & 2nd is land on which building is constructed. After completion of construction builder/developer was supposed to transfer land in name of society (or association of apartment).  This transfer process is called as conveyance deed. A survey shows that in almost 80% society this process was not completed.

You can check the more information about conveyance deed here https://foot2feet.com/construction-services/legal-services/conveyance-deed/

 

 

Building Control Line

 

It is the line up to which we can build construction according to planning authority / or any government authority. 

 

Non Agriculture (NA)

 

  1. Any land (except land in Gaothan area) is by default agriculture land in India. It is assumed as non-agriculture land only and only after taking NA permission (Non Agricultural use permission) from collector.
  2. A copy of land conversion is called as NA order.
  3. For NA land zone plays important role. (Agriculture, industrial , residential)
  4. Depend upon zone NA can be done. Eg – Industrial NA, farmhouse NA, residential NA, commercial NA.
  5. NA and R-zone are commonly misunderstood.
  6. In simple words, NA is procedure to change tax on any land due to change in use of land.
  7. NA land not necessary to be residential land all time, and similarly residential land not necessarily to be NA land.
  8. A land which is in residential zone, but its use according to collector/revenue department is agriculture, then the land is not NA. (but this land can be converted into NA after completing NA procedure.)

You can Check more information about Non Agriculture here - https://foot2feet.com/site/na_order_land_conversion/

 

Side Margin

 

Side margin is distance to be kept from plot boundary to building line as per Regulations. Calculate how much side margin you need to keep for your building. 

https://foot2feet.com/construction-calculator/pmc/side-margin-calculator/ 

 

Ready Reckoner Rate

 

Government rates of land, property is called as ready reckoner rate. These rates are published and regulated by the respective state government. Find Out Ready Reckoner Rates in Pune here - http://www.igrmaharashtra.gov.in/eASR/frmMap.aspx 

 

R zone (Residential)

 

It is a zone demarcated as residential area in development plan mostly it shown in yellow color any agriculture land cannot converted in residential zone it agriculture/vanikaran land must pass certain criteria for zone conversion. you can use our site feasibility service to know  whether your land can be converted or not. 

 

You can check all Types of Land zone

 

Residential zones – R1 / R2

  1. Residential Zone R1 includes Residential plots abutting on roads below 9 m. in congested area and below 12 m. width in outside congested area
  2. Residential Zone R2 includes Residential plots abutting on road having existing or proposed width 9 m. and above in congested area and 12 m. and above in outside congested area.

 

Minimum Plot Area for Various Uses 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. 3.7 Minimum Plot Area for Various Uses in UDCPR 2020

 

The minimum plot area for various uses shall be as given in Table No.3D below:-

 

Table No.3D

Sr. NoUsesMin. Plot area (in Sq.m.)Min. Plot Width (in m.)Type of Development
1Residential and CommercialMin 30As per Table No. 6 D

Row / Semi-detached / detached development as specified / anticipated in earlier approved layout or layout to be approved in future.

In other cases, as per permissibility of the construction area taking into consideration the marginal distances.

2Plots in EWS Housing/High-Density Housing/Sites and Services/Slum Upgradation/Reconstruction Scheme by Public Authority. Row / Semi-detached / detached.
3Vehicle fuel Filling stations including LPG / CNG / Ethanol / Public Charging Stations for Electric Vehicles -
(a) Without service bayAs required by the concerned authority.As required by the concerned authority.Detached.
(b) With service bay--do ----do --Detached.
4Industrial (other than service industries)30010 m.Detached.
5Other uses (other than 1 to 4 above)Required plot size and development shall be governed by the permissibility of construction under these regulations.

 

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

 

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

 

Provision for Inclusive Housing in UDCPR 2020

 

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

 

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

 

Definitions in Administration in UDCPR 2020

UDCPR 2020 Chapter 1 is all about Administration as per mentioned in the UDCPR 

 

This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

 

Rule No. 1.3 Definitions

 

In these Regulations, unless the context otherwise requires, the definitions given hereunder, shall have meaning indicated against each of them.

 

Words and expressions which are not defined in these Regulations, shall have the same meaning or sense as in the :-

 

i)  Maharashtra Regional and Town Planning Act, 1966

 

ii)  Maharashtra Municipal Corporations Act, 1949

 

iii)  Nagpur Improvement Trust Act, 1936

 

iv)  Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965

 

v)  Maharashtra Metropolitan Region Development Authority Act, 2016

 

vi)  Maharashtra Land Revenue Code, 1966

 

vii)  Real Estate (Regulation and Development) Act, 2016

 

viii)  National Building Code of India, 2016

 

ix)  Maharashtra Housing and Area Development Act, 1976

 

x)  Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971

 

1. Act - means the Maharashtra Regional & Town Planning Act, 1966 as may be amended from time to time.

 

2. Addition/Alteration - means any change in existing authorized building or change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor, roof or other support or a change to or closing of any required means of ingress or egress or a change to the fixtures of equipment as provided under these regulations. However, modification in regards to gardening, whitewashing, painting, plastering, pointing, paving and retiling shall not be deemed to be alteration.

 

3. Advertising Sign - means any surface or structure with characters, letters or illustrations applied thereto and displayed outdoors in any manner whatsoever for purposes of advertising or to give information regarding or to attract the public to any place for public performance, article or merchandise whatsoever, or is attached to, or forms a part of the building, or is connected with any building or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body.

 

4. Air-conditioning - means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditioned space.

 

5. Accessory Building - means a building separate from the main building on a plot and containing one or more rooms for accessory use such as servant quarters, garages, store rooms etc.

 

6. Accessory/Ancillary Use - means any use of the premises subordinate to the principal use and incidental to the principal use.

 

7. Amenity Space - for the purpose of these regulations, amenity space means a statutory space kept in any layout to be used for any of the amenities such as open spaces, parks recreational grounds, playgrounds, sports complexes, gardens, convenience shopping, parking lots, primary and secondary schools, nursery, health club, Dispensary, Nursing Home, Hospital, sub-post-office, police station, electric substation, ATM of banks, electronic cyber library, open market, garbage bin, assisted living and hospice together, senior citizen housing and orphanage together, project affected persons' housing, auditorium, conventional centre, water supply, electricity supply and includes other utilities, services and conveniences.

 

8. Annual Statements of Rates - means the Annual Statements of Rates (ASR) published by the Inspector General of Registration, Maharashtra State, Pune.

 

9. Architectural Projection - means a chajja, cornice, etc. which is a protrusion from the building facade or line of the building only for aesthetic purposes and not used for any habitable purpose.

 

10. Access - means a clear approach to a plot or a building.

 

11. Architect - An Architect who is a member of the Indian Institute of Architects and duly registered with the Council of Architecture under the Architects Act, 1972.

 

12. Apartment - means whether called block, chamber, dwelling unit, flat, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified.

 

13. Applicant - means any person who is an owner or a person having an irrevocable registered Power of Attorney of an owner and any other document as acceptable to the Authority.

 

14. Authority means :

 

i) in the case of a Municipal Corporation, the Municipal Commissioner or such other officer as he may appoint on this behalf.

 

ii)  in the case of a Zilla Parishad, the Chief Executive Officer or such other officers as he may appoint on this behalf.

 

iii)  in the case of a Municipal Council, the Chief Officer of the Council; and

 

iv)  in the case of any other local authority, Special Planning Authority, New Town Development Authority or Area Development Authority, the Chief Executive Officer or person exercising such powers under Acts applicable to such authorities.

 

v)  in the area of a Regional Plan, the Collector of the District.

 

vi)  in the case of Development Authorities established under the Metropolitan Region Development Authorities Act, the Metropolitan Commissioner or such other officer as he may appoint on this behalf.

 

vii)  in case the land is situated in the gaothan, within the meaning of clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966, the village Panchayat concerned.

 

15. Atrium - means a skylighted and naturally/mechanically ventilated area in a building, with no intermediate floors and used as circulation space or entrance foyer.

 

 

16. Balcony - means a horizontal cantilever projection, including parapet, handrail or balustrade to serve as a passage or sitting out place with at least one side open, except for the railing or parapet wall for safety.

 

 

Also, the non-cantilever balcony shown in the illustration below shall be treated as a balcony.

 

 

17. Basic FSI - means floor Space Index permissible without levy of premium or loading of TDR on any parcel of land as per the provisions of these regulations.

 

18. Basement/Cellar - means the lower storey of a building below or partly below the ground level with one or more than one level.

 

19. Biotechnology Unit/Park - means a Unit or a Park which is certified as such by the Development Commissioner (Industries).

 

20. Building - means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, wells, doorsteps, fencing, plumbing and building services, fixed - platforms, verandahs, balcony; cornice or projection, part of a building or anything affixed thereto or any wall fence enclosing or intended to enclose any land or space and signs and outdoor display structures. However, tents, shamiyanas and the tarpaulin shelters erected for temporary and ceremonial occasions with the permission of the Authority shall not be considered as buildings.

 

21. Built-up Area - means the area covered by a building on all floors including cantilevered portion, and mezzanine floors, if any, but excluding the areas specifically exempted from the computation of Floor Space Index (F.S.I.) under these Regulations.

 

22. Building Line - means the line up to which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend. It includes the lines prescribed, if any, in any scheme and/or development plan/Regional Plan, or under any other law in force.

 

23. Building Height - means the vertical distance measured in the case of flat roofs, from the average level of the ground around and contiguous to the building or as decided by the Authority to the terrace of last floor of the building adjacent to the external walls; to the highest point of the building and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof; and in the case of gable facing road, the mid-point between the eaves level and the ridge. Architectural features serving no other function except that of decoration, terrace water tank, staircase roof and parapet wall shall be excluded for the purpose of measuring heights.

 

24. Cabin - means a non-residential enclosure constructed of non-load bearing, non-masonry partitions.

 

25. Carpet area - means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or veranda area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.

 

Explanation (1) - The expression "exclusive balcony or veranda area" means the area of the balcony or veranda, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee; and "exclusive open terrace area" means the area of open terrace which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee.

 

Explanation (2) - If in any regulation of these regulations, the carpet area is defined differently than what is mentioned here, then the carpet area as mentioned in that regulation, shall be applicable.

 

26. Chajja - means a sloping or horizontal structural overhang usually provided over openings on external walls to provide protection from sun and rain and for the purpose of architectural appearance.

 

27. Chief Fire Officer - means a Chief Fire Officer as specified in the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 and Rules there under as amended from time to time.

 

28. Chimney - means an upright shaft containing one or more flues provided for the conveyance to the outer air of any product of combustion resulting from the operation of heat-producing appliance or equipment employing solid, liquid or gaseous fuel.

 

29. Cluster - means any area of land so defined, under these regulations.

 

30. Combustible Material - means a material which when burnt adds heat to a fire when tested for combustibility in accordance with IS 3808-1979 : Method of test for non-combustibility of building materials (first revision) given in the National Building Code.

 

31. Congested Area - In the case of the Regional Plan area, a land included within the gaothan as determined under Maharashtra Land Revenue Code, 1966, and in the case of other areas as specifically earmarked in the Development Plan/Planning Proposal. (In the case of Nashik Municipal Corporation, a congested area is referred to as a Core area).

 

32. Control Line - means a line on either side of a highway or part of a highway beyond the building line fixed in respect of such highway by the Highway Authority from time to time.

 

33. Courtyard or Chowk - means a space permanently open to sky enclosed on sides fully or partially by buildings and may be at ground level or any other level within or adjacent to a building.

 

34. Canopy - means a cantilevered projection over any entrance to a building.

 

 

35. Convenience Shops - means shops for day-to-day domestic needs, as distinguished from wholesale trade or departmental stores.

 

36. Corridor - means a common passage or circulation space including a common entrance space.

 

 

37. Curb Cut - means a small solid (usually concrete) ramp that slopes down from the top surface of a sidewalk or footpath to the surface of an adjoining street. It is designated for ease of access for pedestrians, bicyclists and differently-abled people.

 

38. Detached Building - means a building whose walls and roofs are independent of any other building with marginal distances on all sides as may be specified.

 

39. Development - Development with its grammatical variations means the carrying out of buildings, engineering, mining or other operations in or over, or under land or the making of any material change, in any building or land or in the use of any building or land or any material or structural change in any Heritage building or its precinct and includes demolition of any existing building, structure or erection of part of such building, structure or erection and reclamation, redevelopment and layout or sub-division of any land and to develop shall be construed accordingly.

 

40. Development Rights - means right to carry out development or to develop the land or building or both and shall include the transferable development right in the form of the right to utilize the floor space index of land utilizable either on the remainder of the land partially reserved for a public purpose or elsewhere as the development control & promotion regulations in this behalf provide.

 

41. Dharmashala - means a building used as a place of religious assembly, a rest house, a place in which charity is exercised with religious or social motives, or a place where in a certain section of people have a right of residence or are granted residence without payment or on nominal payment.

 

42. Development Plan - means a plan for the development or re-development of the area within the jurisdiction of a Planning Authority and includes revision of a Development Plan and Planning Proposals of a Special Planning Authority for the development of land within its jurisdiction.

 

43. Drain - means a system or a line of pipes, with their fittings and accessories, such as manholes, inspection chambers, traps, gullies, floor traps used for the drainage of building, or the number of building or land appurtenant to the buildings within the same cartilage. A drain shall also include an open channel for conveying surface water or a system for the removal of any liquid.

 

44. Dwelling Unit/Tenement - means an independent housing unit with separate facilities for living, cooking and sanitary requirements.

 

45. Eating House - means any premises where any kind of food is prepared or supplied for consumption by the public for the profit or gain of any person owning or having an interest in or managing such premises.

 

46. Enclosed Staircase - means a staircase separated by fire-resistant walls and door(s) from the rest of the building.

 

47. Energy Efficient Building - means a building compliant with the provisions of the Energy Conservation Building Code (ECBC).

 

48. Existing Building or use - means a building, structure or premises or its use existing on the ground.

 

49. Exit - means a passage, channel or means of egress from any building, storeys or floor area to a street or other open space of safety.

 

i) “Horizontal Exit” means a protected opening through or around a firewall or a bridge connecting two or more buildings.

 

ii) “Outside Exit” means an exit from a building to a public way, or to an open area leading to a public way, or to an enclosed fire-resistant passage leading to a public way.

 

iii) “Vertical Exit” means an exit used for ascension or dissension between two or more levels including stairways, smoke-proof towers, ramps, escalators and fire escapes.

 

50. External Wall - means an outer wall of a building not being a party wall even though adjoining to a wall of another building and also means a wall abutting on an interior open space of any building.

 

51. Escalator - means a power-driven, inclined, continuous stairway used for ascending or descending between floors or bridges over a road/railway line.

 

52. Escape Route - means any well-ventilated corridor, staircase or other circulation space, or any combination of the same, by means of which a safe place in the open air at ground level can be reached.

 

53. Fire and/or Emergency Alarm System - means an arrangement of call points or detectors, sounders and other equipment for the transmission and indication of alarm signals, for testing of circuits and, whenever required, for the operation of auxiliary services. This device may be workable automatically or manually to alert the occupants in the event of fire or other emergency.

 

54. Fire Lift - means a special lift designed for the use of fire service personnel in the event of fire or other emergency.

 

55. Fire Proof Door - means a door or shutter fitted to a wall opening made of fire-resistant material to prevent the transmission and spread of heat, smoke and fire for a specified period.

 

56. Fire Pump - means a machine driven by external power of transmitting energy to fluids by coupling the pump to a suitable engine or motor, which may have varying outputs/capacity but shall be capable of having a pressure of 3.2 kg/cm2 at the topmost level of a multi-storied or high rise building.

 

57. Fire Resistance - means the time during which a material fulfils its function of contributing to the fire safety of a building when subjected to prescribed conditions of heat and load or restraint. The fire resistance test of structures shall be done in accordance with "IS 3809 (1979) : Fire resistance test for structures"

 

58. Fire Resisting Material - means a material which has a certain degree of fire resistance.

 

59. Fire Separation - means the distance in meters measured from any other building on the site, or from other sites, or from the opposite side of a street or other public space to the building.

 

60. Fire Service Inlet - means a connection provided at the base of a building for pumping up water through in-built fire-fighting arrangements by fire service pumps in accordance with the recommendations of the Chief Fire Officer.

 

61. Fire Tower - means an enclosed staircase that can only be approached from the various floors through landings or lobbies separated from both, the floor areas and the staircase by fire-resisting doors and open to the outer air.

 

62. Floor - means the lower surface in a storey on which one normally walks in a building. The general term floor, unless otherwise specifically mentioned, shall not refer to a mezzanine floor.

 

Note - The sequential numbering of floors shall be determined by its relation to the determining entrance level. Floors at or above ground level, with direct entrance from/to a road or street shall be termed as the ground floor. The other floors above the ground floor shall be numbered in sequence as Floor 1, Floor 2, etc., with the number increasing upwards. The stilt shall be termed as stilt floor or Stilt floor 1, Stilt floor 2, etc., and floors above shall be numbered as Floor 1, Floor 2, etc.

 

63. Floor space index (F.S.I.) - means the quotient obtained by dividing the area covered by the P line as mentioned in Regulation No.6.6 by the net area of the plot.

 

F.S.I. = Area covered by P line as mentioned in Regulation No.6.6 on all floors/Net Plot area

 

“Premium FSI” means the FSI that may be available on payment of premium as may be prescribed under these regulations.

 

64. Footing - means a foundation unit constructed in brickwork, masonry or concrete, steel or any other material permissible as per IS Code under the base of a wall or column for the purpose of distributing the load over a large area.

 

65. Foundation - means that part of the structure that is in direct contact with transmitting loads to the ground.

 

66. Front Open Space/Margin/Setback - means the distance between the boundary line of the plot abutting the means of access/road/street and the building line. In case of plots facing two or more means of accesses/roads/streets, the plot shall be deemed to front on all such means of accesses/roads/streets.

 

67. Gallery - means an intermediate floor or platform projecting from a wall of an auditorium or a hall providing extra floor area, additional seating accommodation, etc. These shall also include the structures provided for seating in stadia.

 

68. Garage - A) Private Garage - means a building or portion thereof having a roof and walls on three sides, designed and used for parking of privately owned motor driven or other vehicles within a project. A private garage is not operated for gain and not designed or used for repairing, servicing, hiring, selling, etc. of such vehicles. It does not include an unenclosed or uncovered parking space such as an open parking areas.

 

B) Public Garage - means a building or portion thereof designed as a garage operated for gain, and used for repairing, servicing, hiring, selling or storing or parking of motor-driven or other vehicles.

 

69. Grey Water - means wastewater from kitchen sinks, bathrooms, tubs, showers, wash basins, washing machines, and dishwashers excluding the waste water from water closets (W.C.).

 

70. Group Housing Scheme - means a building or a group of buildings constructed or to be constructed with one or more floors, consisting of more than one dwelling unit and having common service facilities. Common service facilities mean facilities like staircases, balconies, corridors and verandahs, lifts, etc.

 

71. Ground Level - means the average level of the ground in a plot.

 

72. Habitable Room - means a room constructed or intended for human habitation and uses incidental thereto, including kitchen if used as a living room but excluding a bathroom, water closet compartment, laundry, serving and storing pantry, corridor, cellar, attic and spaces not frequently used.

 

73. Hazardous Material means -

 

i) Radioactive substances

 

ii) Material that is highly combustible or explosive and/or which may produce poisonous fumes or explosive emanations or storage, handling, processing or manufacturing of which may involve highly corrosive, toxic, or noxious alkalis or acids or other liquids.

 

iii) Other liquids or chemicals producing flame, explosives, poisonous irritants, or corrosive gases or which may produce explosive mixtures of dust or fine particles capable of spontaneous ignition.

 

74. High-rise Building - means a building having a height of 24 m. or more above the average surrounding ground level. Excluding chimneys, cooling towers, boilers, rooms/lift machine rooms, cold storage and other non-working areas in case of industrial buildings, and water tanks, and architectural features in respect of other buildings.

 

75. Home Occupation - means customary home occupation other than the conduct of an eating or a drinking place offering services to the general public, customarily carried out by a member of the family residing on the premises without employing hired labor, and for which there is no display to indicate from the exterior of the building that it is being utilized in whole or in part for any purpose other than a residential or dwelling use, and in connection with which no article or service is sold or exhibited for sale except that which is produced therein, which shall be non-hazardous and not affecting the safety of the inhabitants of the building and the neighborhood, and provided that no mechanical equipment is used except that as is customarily used for purely domestic or household purposes and/or employing licensable goods. Home Occupation may also include similar occupations as specified by the Authority.

 

76. Layout Open Space/Recreational Open Space - means a statutory common open space kept in any layout, sub-division or group housing scheme or campus planning exclusive of margins and approaches.

 

77. Ledge or Tand - means a shelf like projection, supported in any manner whatsoever, except by vertical supports within a room.

 

78. Licensed Engineer/Structural Engineer/Supervisor - means a qualified Engineer/Structural Engineer/Town Planner/Supervisor licensed by the Authority.

 

79. Lift - means an appliance designed to transport persons or materials between two or more levels in vertical or substantially vertical directions, by means of a guided car platform.

 

80. Lift Lobby - means a space from which people directly enter lift car(s) and in to which people directly enter upon exiting lift car(s).

 

81. Lift Machine - means part of the lift equipment comprising the motor(s) and the control gear there with, reduction gear (if any), brakes, and winding drum or sheave, by which the lift car is raised or lowered.

 

82. Lift Well - means unobstructed space within an enclosure provided for the vertical movement of the lift car(s) and any counterweights, including the lift pit and the space for top clearance.

 

83. Loft - means an intermediate floor between two floors which is constructed for storage purpose and as defined in these regulations.

 

84. Mall - means a large enclosed area comprising of shopping, entertainment and eating facilities and facilities incidental thereto.

 

85. Side and Rear Marginal Open Space/Marginal Distance - means a minimum distance required to be left open to sky between the boundary of the building plot and the building line on respective sides.

 

86. Masonry - means an assemblage of masonry units properly bound together with mortar.

 

87. Mezzanine floor - means an intermediate floor between two floors of any story, forming an integral part of floor below, overhanging or overlooking a floor beneath, not being a loft between the floor and ceiling of any storey.

 

 

88. Means of Access - means the road/street/vehicular access way, pathway upto the plot and to the building within a plot.

 

89. Multiplex/Multiplex Theatre Complex (MTC) - means a place of public entertainment for the purpose of an exhibition of motion pictures with multiple screens and/or dramas and other social or cultural programs as described in Maharashtra Entertainment Duty Act, 1923.

 

90. Net Plot Area - means area of the plot as defined in these regulations.

 

91. Non-conforming User - means any lawful use/building existed on the site but which does not conform to the zoning shown on the Development Plan/Planning Proposal/Regional Plan in force.

 

92. Noise Barrier - means an exterior structure/part of structure designed to protect inhabitants of sensitive land use areas from noise pollution.

 

93. Occupancy or Use Group - means the principal occupancy or use for which a building or a part of a building is used, or intended to be used. Occupancy shall be deemed to include subsidiary occupancies which are contingent upon principal occupancy or use. Buildings with mixed occupancies are those in which, more than one, occupancy is present in different portions of the building. The occupancy classification shall have the meaning given in this regulation, unless otherwise spelled out in any plan under the Act.

 

i) Residential Building means any building in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or both facilities. It includes one or two or multi-family dwellings, lodging or rooming houses, residential hotels, hostels, dormitories, Dharmashala, apartment houses, flats, service apartments, studio apartments and private garages incidental thereto.

 

ii) Educational Building means a building exclusively used for a school or college recognized by the appropriate Board or University, or any other competent authority involving assembly for instruction, education, or recreation incidental to educational use, and including a building for such other uses incidental thereto such as a library, multi-purpose hall, auditorium or a research institution. It shall also include quarters for essential staff required to reside on the premises and a building used as a hostel attached or independent to an educational institution whether situated on or off its campus and also includes buildings used for day-care purposes for more than 8 hours per week.

 

iii) Institutional Building means a building constructed or used for research in education, health, and other activities, for medical or other treatment, hostel for working women/persons/students but not for lodging, an auditorium or complex for cultural and allied activities or for a hospice, care of persons suffering from physical or mental illness, handicap, disease or infirmity, care of orphans, abandoned women, children and infants, convalescents, destitute or aged persons and for penal or correctional detention with restricted liberty of the inmates ordinarily providing sleeping accommodation, and includes hospitals, sanatoria, custodial and penal institutions such as jails, prisons, mental hospitals, houses for correctional detention and reformatories.

 

iv) Assembly Building means any building or part of a building where groups of people congregate or gather for amusement, recreation, or social, religious, patriotic, civil, travel and similar purposes, e.g. theatres, motion picture houses, drive-in-theatres, multiplexes, assembly halls, city halls, town halls, auditoria, exhibition halls, museums, mangal-karyalayas, cultural centers, skating rinks, places of worship, dance theatres, clubs & gymkhanas, malls, passenger stations and terminals of air, surface and other public transportation services, recreation piers, and stadia;

 

v) Business Building means any building or part thereof which is used for transaction of business for the keeping of accounts and records for similar purposes; offices, banks, professional establishments, I.T. establishments, call centres, offices for private entrepreneurs etc. shall be classified in this group in so far as principal function of these is transaction of public business and the keeping of books and records.

 

vi) Office Building/Premises means the premises whose sole or principal use is to be used as an office or for office purposes; “office purposes” shall include the purpose of administration, clerical work, handling money, telephone/telegraph/computer operations; and ‘clerical work’ shall include writing, book-keeping, sorting papers, typing, filing, duplicating, drawing of matter for publication and the editorial preparation of matter for publication and such other activities.

 

vii) Mercantile (Commercial) Building means any building or part of a building that is used as shops, stores, market, or malls for the display and sale of merchandise, either wholesale or retail, including office, storage, and service facilities incidental to the sale of merchandise and located in the same building.

 

viii) Public/Semi-public Building means a building used or intended to be used, either ordinarily or occasionally by the public such as (a) offices of State or Central Government, any public sector undertaking or statutory or local Authority or Semi semi-government organization (b) a place for public worship, etc.

 

ix) Wholesale Establishment means an establishment, wholly or partly engaged in wholesale trade, manufacturers’ wholesale outlets including related storage facilities, A.P.M.C. establishments, warehouses, and establishments engaged in truck transport including truck transport booking agencies.

 

x) Industrial Buildings means any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed like assembling plants, laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories etc.

 

xi) Storage Buildings means any building or part of a building used primarily for the storage or sheltering of goods, wares or merchandise, like warehouses, cold storages, freight depots, transit sheds, godowns, store houses, public garages, hangars, truck terminals, grain elevators, barns and stables.

 

xii) Hazardous Building means any building or part of a building that is used for the storage, handling, manufacture, or processing of radioactive, highly combustible, or explosive materials or products that are liable to burn with extreme rapidity and/or which may produce poisonous fumes or explosive emanations during storage, handling, manufacturing or processing, which involve highly corrosive, toxic or noxious alkalis, acids or other liquids or chemicals producing flames, fumes and explosive mixtures of dust or which result in the division of matter into fine particles capable of spontaneous ignition.

 

xiii) Information Technology Building/Establishment (ITE) means an establishment which is in the business of developing either software or hardware relating to computers or computer technology as approved by Director of Industries.

 

xiv) Special Building means - i) any multi-storeyed building which is more than 24 m. in height measured from ground level, or

 

ii) buildings for educational, assembly, mercantile, institutional, industrial, storage, and hazardous occupancies having a built-up area of 500 Sq.m. or more on any floor irrespective of the height of such building , or

 

iii) Any building with mixed occupancies with any of the aforesaid occupancies in (ii) above with a built-up area of 500 sq.m. or more on any floor irrespective of the height of such building.

 

Note : Any building for residential or mix occupancy with height upto 24 m. but built up area upto 750 Sq.m. on any floor and sprinkler system is provided and travel distance is maintained as per these regulations, shall not be considered as special building, subject to fire NOC.

 

xv) Yatri Niwas means a building used for the accommodation of tourists, traveller, etc.

 

94. Owner - means a person who has legal title to land or building and includes any person for the time being receiving or entitled to receive, whether on his own account or as an agent, trustee, guardian, manager, or receiver for another person or for any religious or charitable purposes the rents or profits of the property in connection with which it is used.

 

95. Parapet - means low wall or railing built along the edge of a roof, terrace, balcony, verandah, etc.

 

96. Parking Space - means an enclosed or unenclosed, covered or open area or area provided by mechanical means sufficient in size to park vehicle. Parking spaces shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles.

 

 

97. Partition - means an interior non-load-bearing barrier, one storey or part-storey in height.

 

 

98. Permit/Permission - means permission or authorization in writing by the Authority to carry out the work regulated by these regulations.

 

99. Plinth - means the portion of a structure between the surface of the surrounding ground and the surface of the floor immediately above the ground.

 

100. Plot/Site - means a parcel or piece of land enclosed by definite boundaries.

 

101. Pandals/Shamiyanas - means a temporary structure with roof or walls made of canvas, cloth other similar material that is not adopted for permanent or continuous occupancy.

 

102. Porch - means a covered surface supported on pillars or otherwise, for the purpose of pedestrian or vehicular approach to an entrance in a building.

 

 

 

104. Podium - means a floor of a building extending beyond building line/s and used for parking, recreational open space, recreation, fire, and building services/utilities and incidental purposes, as specified in these regulations.

 

105. Refuge Area - means an unenclosed space in a multi-storied building specifically provided to serve as fire-proof space to gather easily for evacuation of the occupants.

 

 

106. Refuge chute - means a vertical pipe system passing from floor to floor provided with ventilation and inlet openings for receiving refuge from successive flats and ending at the ground floor on top of the collecting chamber.

 

107. Road/Street - means any highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square place or bridge, tunnel, underpass, elevated road, whether a thoroughfare or not, over which the public has a right of passage or access or have passed and had access uninterruptedly for a specified period, whether existing or proposed in any scheme, and includes all bunds, channels, ditches, storm-water drains, culverts, sidewalks, traffic islands, roadside trees, hedges, retaining walls, fences, barriers, and railings within the street lines.

 

108. Road/Street Line - means the line defining the side limit of a road/street.

 

109. Road width or Width of road/street - means the whole extent of space within the boundaries of a road when applied to a new road/street, as laid down in the city survey or development plan or prescribed road lines by any act or law and measured at right angles to the course or intended course or direction of such road.

 

110. Room Height - means the vertical distance measured from the finished floor surface to the finished slab surface of a room. In the case of pitched roofs, the room height shall be the average height between the bottom of the eaves and bottom of the ridge from the finished floor surface.

 

 

111. Roof Top Photovoltaic (RTPV) System - means any of the two Photovoltaic Systems installed on the roof of any building, i.e. (i) RTPV System with storage facility using battery, and (ii) Grid Connected RTPV System.

 

112. Row Housing - means a row of houses with only front and rear open spaces except for end houses which shall have side open spaces.

 

113. Semi-detached building - a building detached on three sides with marginal distances as specified, and on the fourth side, it is attached to a building in an adjoining plot.

 

114. Service Apartment - means premises other than a lodge or hotel, in which furnished rooms or a suite of rooms are let out on short/long term basis.

 

115. Service Floor - means a non-habitable floor with a height not more than 1.8 m. from floor level to soffit of beam, generally provided in special buildings, wherever required, wherefrom services like water supply, sewage disposal system, electricity etc. are coordinated/maintained.

 

116. Service Road - means a local road on a continuous alignment that normally runs adjacent and parallel to main roads like National or State Highways and provides access to properties bordering it.

 

117. Site corner - means the side at the junctions of and fronting on two or more intersecting streets.

 

118. Site, Depth of Site - means the mean horizontal distance between the front and rear side boundaries.

 

119. Solar Assisted Water Heating (SWH) System - means a device to heat water using solar energy as heat source.

 

120. Double Frontage - means a site, having a frontage on two streets other than a corner plot.

 

121. Site, Interior, or Tandem - means a site, access to which is by a passage from a street whether such passage forms part of the site or not.

 

122. Smoke Stop Door - means a door for preventing or checking the spread of smoke from one area to another.

 

123. Stair Cover/Staircase Room - means a structure with a covering roof over a staircase and its landing built to enclose only the stair and its landings for the purpose of providing protection from weather which should not be used for human habitation.

 

124. Stall - means a small shop, floor area of which does not exceed 5.0 sq.m.

 

125. Storage - means a place where goods are stored.

 

126. Store Room - means a room used as storage space.

 

127. Storey - means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

 

128. Stilts or Stilt Floor - means the portion of a building above ground level consisting of structural columns supporting the super-structure with at least two sides open and without any enclosures and used for the purpose of parking vehicles like cars, scooters, cycles, etc., and other services as may be permitted under these Regulations.

 

129. Sub-station (Electric) - means a station for transforming or converting electricity for the transmission or distribution thereof and includes transformers, converters, switchgears, capacitors, synchronous condensers, structures, cables and other appurtenant equipment and any buildings used for that purpose and the site thereof.

 

130. Supported Double Height Terraces - means open terraces, unenclosed on at-least one side with railing and lying wholly within building line with supports underneath and having minimum height of two floors.

 

131. Tenement - means an independent dwelling unit with a kitchen or cooking alcove.

 

132. Terrace - means an open-to-sky flat roof of a building or part of a building, provided with a parapet for safety and with or without any cantilevered portion.

 

133. Theatre - means a place of public entertainment for the purposes of exhibition of motion pictures and/or dramas and other social or cultural programs

 

134. Travel Distance - means the distance from the remotest point on a floor of a building to a place of safety, be it a vertical exit, horizontal exit, or an outside exit measured along the line of travel.

 

 

135. Tower-like structure - means a structure in which the height of the tower like portion is at least twice the width of the broader base.

 

136. Unsafe Building - means buildings which are structurally unsafe, unsanitary or not provided with adequate means of ingress or egress which constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation or abandonment.

 

137. Varandah - means a covered area with at least one side open to the outside with the exception of 1.0 m. high parapet on the upper floors to be provided on the open side.

 

138. Water Closet (WC) - means a privy with an arrangement for flushing the pan with water. It does not include a bathroom.

 

139. Water Course - means a natural channel meant for carrying stormwater and includes an artificial one formed by training or diversion of a natural channel;

 

i) “Major Water Course” means a river.

 

ii) “Minor Water Course” means a nallah.

 

140. Window - means an opening to the outside other than the door which provides all or part of the required natural light, ventilation or both, to the interior space.

 

141. Wing of a Building - means a part of a building with independent access, staircase, and lift connected to other parts with a common basement/stilt/podium/terrace/common wall and connecting passages.

 

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

 

Short Title, Extent & Commencement in UDCPR 2020

 

Applicability of Regulations in Administration in UDCPR 2020

 

Savings in Administration in UDCPR 2020