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as on April 02, 2025

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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

 

A 9 step Guide for Construction of any Building

Step by step from laying the first brick to taking possession of your dream building construction

  • Are you looking to build your home?
  • Are you a businessman planning to build your own office building?
  • Are you an industrialist thinking of expanding your factory unit?

Constructing a new home or any building is a tedious, can be a dream come true for most, but at the same time, it’s a tedious process that requires 360-degree involvement, hectic negotiations and close interaction with multiple vendors and service providers. But it better be good, otherwise months of effort and your heavy investment – sometimes a whole life’s savings – can go waste, or not give you the full outcome; complete satisfaction and peace of mind that you deserve. 

“Whatever we build today, ends up building our tomorrow”

Pradeep, a friend who was planning to have his home constructed once came to me for advice.  He asked me if I can help him understand the process. Since I’ve dabbled in the industry for over a decade, so that he does not end up wasting his precious time, money, resources and energy. The process that I outlined for my friend is the one I am going to share with you in this document – drawn-up entirely from the owner’s perspective. It’s a distillation of my 10 years of experience in the industry with 250 projects, ranging from 1500 sq.ft. to 8,50,000 sq.ft. in area. 

Armed with this nine-step roadmap, you can seize complete control of the contraction process –  – how to build a house; an office building; a hospital; an industrial shed; execute a big township project or get a school, college or a resort project executed, on-time and within budget, without a glitch. If you carefully follow all these nine steps, I can guarantee you will be able to have your construction project completed in a hassle-free manner, without any time or cost overruns.  

  1. Land Feasibility Check
  2. Appointment of Architect
  3. Budget Planning
  4. Plan Finalization
  5. Legal Clearances
  6. Appointment of a Contractor
  7. Site Supervision
  8. Selection of Quality Material
  9. Don’t Miss Little Things

1. Check Land Feasibility

“Feasibility study means a careful evaluation of the viability of a construction project to analyze various opportunities and restrictions beyond our set of assumptions.”

               In simple language, what it means is that before you start planning the construction of your house or office on a piece of land, always check the feasibility of the project. This includes following two steps: 

a. Zone analysis –  

A piece of land falls in a particular zone, and each zone has pre-specified uses. (E.g. you cannot build a commercial property in a residential zone.  Floor Space Index (FSI) or Floor Area Ratio (FAR) is another is another important consideration. FSI reveals how much construction you are allowed to do on your allotted land. You can use Foot2feet.com’s unique, free-to-use FSI calculator to find this out.  (Click here). Last but not the least; zone analysis would also cover a consideration of access road’s width, road widening areas, allowable building height etc.  

b. Site Analysis – 

This would include a study of the site topography; water course; trees; prevailing climate conditions; direction of the sun; existing structures; bore well/well locations; the presence or absence of any parks in the  vicinity etc. All these are crucial elements of a Vibrant Design that your architect will later use to develop a plan for your dream house/office/factory premises.

Foot2Feet can help you to connect with a professional, who excels at preparing this report for you. 

2. Appointment of an Architect(s)

“Architects are magicians who add life to a building.”

If your building is your dream, then the architect is the person who will bring this dream to reality oops, realty

He plays a crucial role in helping you decide major aspects, such as space utilization; material selection and optimization of its use; cost management; exterior look and feel; interior functionality; future expansion scope; electrical fittings and plumbing design etc.

An architect must be appointed right in the beginning of a project and his role ends with project completion. Hence be wise in the selection of an architect for your dream project. Use the following criteria in the selection of the right architect – 

  1. Experience – An experienced architect will be good at problem-solving and make your decision-making easier.
  2. Timely Service – Timely delivery of drawings will make a huge difference to the construction speed.
  3. Aesthetic Sense – A competent architect will ensure that the building looks good and is also technically-sound.
  4. Execution Teams – His contacts with contractors, masons and other consultants will ensure that you get help from the right person for the right tasks and at the right time.

On the flip side, if you are on a tight budget, you could also consider awarding your project to a talented, young architect as he will be more flexible in his approach and his services will cost you considerably less.   

Get free quotations from architects registered on Foot2feet. 

3. Budget Planning

How big is your building project likely to be?

Check out the cost of construction in your particular area. Contractor, architect and your experienced friends may help you estimate the trending cost in your area. For instance, in a smaller city like Latur or Nanded, it may cost only Rs 950 per square feet, while it may climb up to Rs 2500 per square feet in cities like Pune and Mumbai. Also factor into this estimate the cost of  

  1. Material used in the  construction
  2. Design details of your project
  3. Nature of soil, hard rock etc., which affects foundation cost
  4. The prevailing rates of material, such as steel, cement etc.
  5. Labor availability

After you arrive at an approximate cost of construction, multiply it by your proposed area of construction. Since building a home or undertaking any other construction project is a once-a-lifetime event in the life of an average Indian, determine how far you can go in terms of expanding your budget to match your dreams.

Remember the cost of basic structure (slab, brickwork, plaster) is quite  reasonable compared to the cost of finishing items, such as  doors, windows, hardware, sanitary items, electrical fittings, tiles, toilets, kitchen items, paint, furniture etc. 

One major mistake that I found most people make is that they start planning big thinking that big is better, even when it strains their budget. The truth of the matter however is that any construction is good if it fulfills your requirement in terms of space, stability, aesthetics, and comfort in days to come.  Sometimes the family size is small but they end up living in a palatial house, where they don’t get to see each other as often as they should.  Remember that a home project is capital-intensive; don’t make the mistake of locking up that capital in a construction that does not serve your real purpose. 

4. Planning Your Construction – Building Your Future

In the above section, we covered initial steps before starting your construction. Now it’s time to start planning the building.

  1. Draw up a detailed list of your requirement before meeting an architect. (Take help from your friends, family & architect on this)
  2. Be flexible with your list. It may change over time, as elements get added or subtracted from the list.

If required, make two lists of requirements. One for essentials such as kitchen, bed rooms, bathrooms etc., and the second for non-essential elements of your dream home. This will make it easier for your architect to find a perfect balance between your dream and your essential requirements.

When I sat down to pick up insights from my 20-completed project in 2019, I discovered that people who were clear with this kind of priority list received the best outcome from me and their homes closely matched their dream home concepts.

Secondly, when you seek layouts from your designer, insist on furniture layout. In their case, we could make optimum utilization of space, resources and the clients’ budgets. .

Third, after you freeze a plan, start with the exterior design (elevation design) of your building. A 3D view will give more clarity about what can be built. It also gives insights on what material to use. 

5. Legal Clearance 

One of my acquaintances built a two-storied building without getting any legal permission. Now that construction has become a major headache for him. After investing a huge amount of his saving in the project, he continues to fret and worry that the civic authority may come order to have it demolished, any day.  He can’t even mortgage his property, for loan purpose. 

I pray, this sould not be a case for any one again. Most people are misguided in their belief that they can start the construction process and have it regularized later by hook or crook. This is easier said than done. These days, under The Real Estate Regulatory Agency (RERA) norms & IGR Maharashtra rules (for property registration) enforcement is very prompt and effective and penalties severe. What may have appeared possible ten years ago is infeasible now.   

Here is easy guide for steps involved in obtaining legal clearance:

  1. Procure land ownership documents.
  2. Get approval from the building department in your area.
  3. Get Plinth checking done (when was the 1st slab or plinth constructed?)
  4. Obtain all No-Objection Certificates (NoCs) for drainage, water, fire etc.
  5. Obtain  Occupation Certificate (OC)

Remember, Occupation certificate (OC) is the only document which will prove that your construction is totally legal. No other certificate is as valid as the OC. I alway recommend to appoint liasoning architect to complete all thes tasks. 

 For more knowledge on building approvals, blue prints, refer foot2feet site. Here we have built many features for building rules, & getting building approvals.

6. Appointment of a Contractor (click Here)

A Contractor is key person in any construction. You can appoint one contractor or you can appoint multiple contractors and assign them various tasks.

Types of Contracts 

  1. Labour Contract: This would cover timely supply of labour for a reasonable cost. The contract will also bind the Owner/ site supervisor to provide all material required to the Labour Contractor for unobstructed construction work.
  2. Material Contract: Under this contractual obligation, the Contractor quotes a certain amount and himself deals with the labour and material cost. This can save huge time for the owner, provided he is willing to do regular quality checks.

Turnkey Contract: Under this arrangement, the Contractor deals with everything from labour, material to post-construction cleaning etc. The common adage is that after appointing a turnkey contractor, the owner has only one task left – turn in the key of the newly-constructed house! The common trend in cities like Pune, Mumbai, Nasik and Aurangabad is to have a material contract for basic construction structure (RCC, brickwork and plaster) and a separate labour contract; or  separate contracts for other items, such as  electrical, plumbing, window, doors, painting, water proofing, tile work etc.  This is to ensure that the owner saves time in basic structure and can procure  high quality input material in finishes.

7. Site Supervisor

A constant supervision of the construction work by an expert is a pre-requisite on the site. This person would be held responsible for various activities and on-site technical problem-solving.  You can appoint a supervisor for certain number of pre-mandated visits but if your project is big then appointing a full-time supervisor is always a better idea. 

Charges of site supervisor varies on the responsibilities, you assign to the incumbent. In Pune, it varies between Rs 10,000 to Rs 25,000 per month.  Responsibilities include routine checking of material quality; supervision of contractor’s  work; planning next-stage activities; making timely decisions based on  site situations; co-ordinating  drawings from various consultants; preparing bar charts; co-ordinating with vendors for material delivery etc. For bigger projects, project management consultants (PMC) are appointed. They often have bigger roles etched out for them.  Usually projects covering over 50,000 sq.ft. area are assigned to PMCs. Sometimes, smaller, quality and time-conscious project owners also seek the help of PMCs. 

8. Selection of Material 

In 2020, we renovated our home. It was built by my uncle in 1985. We altered windows, toilets, kitchen platform, tiles and introduced several, new trending elements to the basic structure. I was surprised to discover that even after 35 years of use, the basic material stood strong against the ravages of time. This is the kind of role material quality plays in construction work – it ensures the building’s longevity.

Society trends, user requirement, can all change with generations of use; but one thing that remains long time with building  is the material used in making of it.

While choosing construction materials bear in mind the following points: 

  • Material specification
  • Sustainability in terms of the local climate of your area
  • Aesthetic appeal
  • Durability
  • Can your contractor install it?
  • Warranty or guarantee & maintenance aspects

For footing, brickwork, RCC structure, electrical, plumbing and sanitary items, strength and durability must be double-checked. These are the aspects that cannot be changed, easily later, if the need arises. 

9. Don’t Miss Out on Little Things

All above steps is a outline of all important task a home owner , developer should do. Now here is a final one.  After completion, a few important aspects to be borne in mind: 

  • Spare material: Youmay need minor repair work in the long or short future. In such case materials, keep some spare material, such as bathroom tiles, other tiles, furniture laminates, exterior cladding etc., because you may not be able to get hold of the same batch later. At least stock two-to-five pieces in spare.
  • Tax clearance:  For use of land other than agriculture, a NA (Non Agriculture) tax is applicable, besides municipal tax. You need to pay both taxes to avoid legal action from authorities.
  • Completion letter: Obtain acompletion letter from your architect, contractor and from local municipal body, before moving in.
  • Record drawings: Get hold of a copy of ‘as built’ drawings of the architecture; structural drawings; electric layouts; plumbing layouts for future repair needs. These should be updated copies, reflecting all  on-site changes. This will help you in the execution of all -run expansion, maintenance or renovation plans. 

Discretionary Powers Interpretation in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate 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. 2.3 Discretionary Powers - Interpretation 

 

In conformity with the intent and spirit of these Regulations, the Authority may by order in writing -

 

i) Decide on matters where it is observed that there is an error in any order, requirement decision, and determination of interpretation made by him or by an Officer authorized by him in the application of these Regulations.

 

ii) Decide the extent of the proposal of Development Plan/Regional plan with respect to S.No./Gut No./CTS No./Block No./Barrack No./Unit No., where boundaries shown on Development Plan / Regional plan varies with the boundaries as per revenue record/measurement plan / City Survey sheets etc.

 

iii) Determine and establish the location of zonal boundaries in cases of doubt or controversy.

 

iv) Decide the alignment of the Development Plan road/Regional plan road where the street layout actually on the ground varies from the street layout as shown on the Development Plan/Regional plan.

 

v) Correct the alignment of Blue and Red flood lines on the Development Plan/Regional plan where it varies with the said lines given by the Irrigation Department or any other Govt. institutions dealing with the subject, from time to time.

 

vi) Modify the limit of a zone where the boundary line of the zone divides a plot. In such cases, the zone covering an area of more than 50% shall be considered.

 

vii) Authorize the erection of a building or use of premises for a public service undertaking for public utility propose only, where he finds such an authorization to be reasonably necessary for the public convenience and welfare even if it is not permitted in any Land Use Classification.

 

viii) Interpret the provisions of these Regulations where there are clerical, or grammatical mistakes, if any.

 

Related Regulations to Rule No. 2- 

 

You can visit our other blog on Regulation 2 through the below-mentioned links:

 

Commencement of Work in UDCPR 2020

 

Various Regulations in Chapter 2 in UDCPR 2020

 

Procedure During Construction in UDCPR 2020

 

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

 

Grant or Refusal of Permission in UDCPR 2020

 

Procedure for Obtaining Development Permission, Building Permission, Commencement Certificate in UDCPR 2020

 

Permission from the Planning Authority is Mandatory 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

 

Nashik Municipal Corporation in UDCPR 2020

UDCPR 2020 Chapter 9 is all about the City Specific Regulations 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. 10.5 Nashik Municipal Corporation 

 

10.5.1 Applicability of Regulations for some areas

 

i) The special Regulations framed by the Arbitrator for some final plots in T.P. Scheme No.1 (First Varied) shall remain in force.

 

10.5.2  Development of Cycle Track Along River and Nallah

 

A cycle track shall be developed in green belt areas earmarked in the Development Plan along the rivers. Also, the cycle track proposal is shown on canal land in the Development Plan.

 

A distance of 6.0 m. from the edge of the minor water course (nallah) is to be left as the marginal distance for the construction of any building. A 3.0 m. a strip of land from the edge of such water course out of this 6.0 m. distance to be left shall be available for use as a cycle track for the general public. The compound wall shall be constructed excluding this distance of 3.0 m. strip for a cycle track. The owner shall be entitled to FSI of this strip of land for the cycle track, in situ. This 3.0 m. wide strip shall be handed over to the Municipal Corporation for which, the owner shall be entitled to TDR or in-situ FSI equivalent to 35% of the area of 3.0 m. wide strip. This regulation shall be applicable for the development of land along Nallahs specified in Plan - A annexed with this UDCPR. Where development has already taken place and it is not possible to make provision for such 3.0 m. wide cycle track, then the Municipal Commissioner shall be empowered to decide not to apply this regulation for a particular stretch of nallah. In such cases, normal marginal distances under these regulations shall apply.

 

10.5.3  Set back and marginal distances for 36 m. wide D.P. road passing through village Gangapur and Ambad

 

Notwithstanding anything contained in Regulation No.6.2.1, the following setback and marginal distance shall be applicable for the road mentioned below.

 

Description of the roadMin. Plot Size in sq.m.Min. width of plot in m.Min. set back from the roadside in metersMin. side margins in m.

Min.

rear margins in m.

Remarks
36 m. wide D.P. road from Gangapur S.No.12 to Ambad S.No.199300123.00 (for commercial use also)2.002.00Margins for buildings G + 2 or stilt + 3 structure. Higher height is permissible subject to marginal distances in Regulation No.6.2.3.

 

Related Regulations to Rule No. 10

 

Special Rules for Pune City in UDCPR 2020

 

Thane Municipal Corporation Area in UDCPR 2020

 

Special Rules for Nagpur City and Nagpur Metropolitan Region Development Authority in UDCPR 2020

 

Vasai Virar City Municipal Corporation in UDCPR 2020

 

Kolhapur Municipal Corporation in UDCPR 2020

 

Navi Mumbai Municipal Corporation in UDCPR 2020

 

Bhiwandi Surrounding Notified Area in UDCPR 2020

 

CIDCO Area Excluding Naina Area in UDCPR 2020

 

Plotting, Land Subdivisions, and Access Road Rules 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.

 

Suppose the Authority considers that the site is insanitary, incapable of being well-drained, or dangerous to construct a building on. In that case, 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 appropriately drained in this case there, one cannot construct anything on the land without considering the regulations. This information about reservations and their use is essential 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. 3.2 Means Of Access

 

3.2.1

 

Every plot/land shall have means of access, like a street/road, irrespective of its width.

 

3.2.2

 

In case of the plot not abutting on a public means of access like street/roads, etc., the plot shall have access from spaces directly connected from the street by a hard surface approach as given below :-

 

(a) The width of such access ways in non-congested areas shall be as follows :-

 

Min width of access wayMax. Length of such access ways
6.0 m.75.0 m.
9.0 m.150.0 m.

 

(b) In congested areas, the width of such accessways shall not be less than 4.5 m.

 

3.2.3

 

Every person who intends to erect a building shall not at any time erect or cause or permit to erect or re-erect any building which in any way encroaches upon or diminishes the area set apart as a means of access.

 

Rule No. 3.3 Regulations For Land Sub-Division And Layout

 

Rule No. 3.3.1 Obligation to Prepare Layout

 

Building Layout or Sub-division proposal shall be submitted for the following :-

 

i)  When more than one building, except for accessory buildings in the case of residential buildings, is proposed on any land, the owner of the land shall submit a proposal for the proper layout of the building or sub-division of his entire contiguous holding.

 

ii)  When development and/or redevelopment of any tract of land, which includes division and sub-division or amalgamation of plots for various land uses, is proposed.

 

iii)  When a group housing scheme or campus/cluster planning of any use is proposed.

 

iv)  A two-stage approval process, as specified in Regulation No.2.6.1, will be followed for such proposals, wherever necessary.

 

Rule No. 3.3.2 Roads/streets in Land Sub-division or Layout


A) For Residential Development - The minimum width of the internal road in any layout or

subdivision of land shall be as given in Table No.3A.

 

Table No.3A - Internal Roads for Residential Development

Sr. No.Length of Internal Road in Layout/Subdivision (m.)Width of Internal Road in Layout/Sub Division (m.)length
iUpto 1509.00
iiAbove 150 and up to 30012.00
iiiAbove 30015.00

 

Note - For layout or part of the layout where plots of 100 Sq.m. or less are proposed for Economical weaker Sections (EWS), 4.5 m. wide road of length up to 60.0 m. and 6.0 m. wide road of length up to 100 m. may be permitted so that EWS plots can be found on both sides of such roads.

 

B) For Other than Residential Development : The minimum width of the internal road in any layout or subdivision of land shall be as given in Table No.3B

 

Table No.3B - Internal Roads for non-residential Development
Sr. No.Length of Internal Road in Layout/Subdivision (m.)Width of Internal Road in Layout/Sub Division (m.)Subdivision
iUpto 15012.0
iiAbove 150 and up to 30015.0
iiiAbove 30018.0 or more

 

C) Group Housing Scheme : In the case of group housing schemes, the minimum width of internal roads shall be as given in Table No.3C

 

Table No.3C - Internal Roads for Group Housing Scheme

Sr. No.Length of Internal Road (m.)Width of Internal Road (m.)
iUpto 1507.50
iiAbove 150 and up to 3009.00
iiiAbove 300 and up to 60012.00
ivAbove 60015.00

 

Note: It shall be necessary to provide through roads in the group housing scheme of an area of more than 2.0 Hectares so as to coordinate the adjoining major road links (15.0 m. and above) or give way to new road links for adjoining areas. The width required for such road link shall be as per Table No.3A. This shall not bar coordination of smaller width roads approaching from adjoining areas, if owners so desire. Further, the Authority may insist on the coordination of smaller-width roads from adjoining areas, if required, from the planning point of view.

 

D) Pathways

 

In the case of the Group Housing Scheme/Campus Planning/Layout of Buildings, a pedestrian approach to the buildings from road/street/internal means of access, wherever necessary, shall be through a paved pathway of a width not less than 2.0 m., 3.0 m. & 4.5 m. provided its length measured from the exit way of the building is not more than 40 m., 60 m., and 100 m. respectively from the main/internal means of access. If the length is more than 100 m., then the width of the road, as provided in Table No.3C, shall be necessary. The marginal distances shall not be required from such pathways. However, the distance between two buildings shall be maintained, which will include the width of such a pathway.

 

Rule No. 3.3.3  Length of Internal Roads, How to be Measured

 

The length of the Internal road shall be measured from the farthest plot (or building) to the public street. The length of the subsidiary accessway shall be measured from the point of its origin to the next wider road on which it meets.
Provided that in the interest of the general development of an area, the Authority may insist the means of access to be of larger width than that required under Regulation No.3.3.2.

 

Rule No. 3.4  Co-ordination of Roads in adjoining lands

 

While granting the development permission for land sub-division or group housing/campus planning, it shall be necessary to coordinate the roads in the adjoining lands subject to provisions mentioned in Regulation No.3.3.2.C - Note. Also, a proper hierarchy of roads shall be maintained while deciding the width of the road.

 

Rule No. 3.3.5  Narrow Roads in Congested Areas (Core area in case of Nashik Municipal Corporation) 

 

In congested areas, plots facing street/means of access less than 4.5 m. in width, the plot boundary shall be shifted to be away by 2.25 m. from the central line of the street/means of access way to give rise to a new street/means of access way of width of 4.5 m. clear from the structural projections. However, this will not be applicable for lanes of any length serving a single plot/property. In these cases, no separate setback from the revised plot boundary shall be required.

 

Rule No. 3.3.6  Development of Street

 

Means of access/internal road shall be leveled, metalled, flagged, paved, sewered, drained, channeled, lighted, laid with the water supply line, and provided with trees for shade (wherever necessary), free of encroachment and shall be maintained in proper condition.

 

Rule No. 3.3.7  Development of Private Street, if neglected

 

If any private street or any other means of access to a building is not constructed & maintained as specified above, the authority may, by written notice, require the owner or owners of the several premises fronting or adjoining the said street or other means of access or abutting thereon or to which access is obtained through such street or other means of access or which shall benefit by works executed to carry out any or more of the aforesaid requirements in such manner and within such time as the authority shall direct. If the owner or owners fail to comply with this direction, the authority may arrange for its execution and recover the expenses incurred by the owner/owners.

 

Rule No. 3.3.8  Access from the Highways/Classified Roads

 

(a) Generally, plots/buildings along Highways and classified roads shall derive access from service roads. However, highway amenities like a petrol pump, fuel station, hotel, etc., may have a direct access from Highways, which shall be subject to the provisions of the National Highway Act, 1956, and State Highways Act, 1955.

 

(b) The width of roads to be considered while granting development permissions, unless indicated otherwise in the Development Plan/Regional Plan/Planning Proposal/T.P. Scheme, shall be as mentioned in the table below :-

 

Sr. No.Category of RoadWidth of Right of Way of Road (m.)Remarks
1National Highway60.0Width inclusive of 12.0 m. service roads on both sides
2State Highway45.0Width inclusive of 9.0 m. service roads on both sides
3Major Dist. Road24.0No Service road is required.
4Other Dist. Road18.0No Service road is is required.
5Village Road15.0No Service road is required.

 

Notes:


1) If the width of any existing road is more than what is specified in the above table, then the greater width shall prevail.

 

2) If the service roads are provided beyond the right of way with permission granted earlier, then such service roads may be continued further in adjoining land.

 

3) The above widths of roads may vary according to guidelines or circulars issued by the respective department.

 

This provision shall be applicable to Area Development Authorities/Metropolitan Region Development Authorities/Special Planning Authorities/New Town Development Authorities and Regional Plan Areas.

 

Rule No. 3.3.9 Access Provisions for Special Buildings in Regulation No.1.3(93)(xiv)


For notable buildings, as mentioned in 93(xiv) under Regulation No.1.3, the following additional provisions of means of access shall be ensured;

 

(a)  The width of the main street on which the plot abuts shall not be less than 12.0 m. in a congested area and shall not be less than 9.0 m. in a congested area, and one end of this street shall join another street of width not less than at least 9.0 m. (1) in congested areas and 12.0 m. in non-congested areas.

 

(b)  The marginal distances on all its sides shall be a minimum of 6.0 m., and the layout for the same shall be approved taking into consideration the requirements of fire services, and the margins shall be of a hard surface capable of taking the weight of fire engine, weighing up to 45 tonnes. The said marginal distances shall be kept free of obstructions and shall be motorable.

 

(c)  Main entrances to the plot shall be of adequate width to allow easy access to the fire engine, and in no case shall it measure less than 6.0 m. The entrance gate shall fold back against the compound wall of the premises, thus leaving the exterior accessway within the plot free for movement of fire engine/fire service vehicles. If the main entrance at the boundary wall is built over, the minimum clearance (headroom) shall be 4.5 m.

 

Rule No. 3.3. 10 Cul-de-sacs

 

In addition to the provisions of Regulation No.3.3.2, Cul-de-sacs give access to plots and extend up to 150 m. normally and 275 m. maximum with an additional turning space at 150 m. may be allowed only in residential areas, provided that Cul-de-sacs would be permissible only on straight roads and provided further that cul-de-sac ends shall be higher in level than the level of starting point. The turning space, in any case, shall not be less than 81 sq.m. in an area with no dimension of less than 9.0 m.

 

Rule No. 3.3.11  Handing Over of Layout Roads

 

Whenever called upon by the Authority to do so, areas under internal layout roads shall be handed over to the Planning Authority by way of deed after development of the same, within such period as may be specified in commencement letter/development permission, for which no compensation shall be paid by the Planning Authority.

 

Rule No. 3.3.12  Intersection of Roads

 

At junctions of roads meeting at right angles, the rounding off at the intersection shall be done with the tangent length from the point of intersection to the curve being half the road width across the direction of tangent, as shown in Fig.3A. The building shall also set back at required marginal distance from this rounding off.

 

 

Fig.3A - Rounding off at junctions of right-angled intersections

 

 

Fig.3B - Rounding off at junctions at acute/obtuse intersections.

 

 

Rule No. 3.3.13  Acute Angled Junctions

 

For junctions of roads meeting at less than 60 degrees, the rounding off or cut-off or similar treatment shall have a tangent length of U and V from the intersection point, as shown in Fig.3B. The tangent length at obtuse angle junction shall be equal to half the width of the road from which the vehicle enters as shown in Fig.3B. Provided, however, that the radius for the junction rounding shall not be less than 6 m. for both types.

 

Rule No. 3.3.14  Land-locked Plot

 

In case of a plot surrounded on all sides by other plots or reservations, if any, i.e., a land-locked plot that has no access to any street or road, the Authority may require access through an adjoining plot or plots and shall, as far as possible be nearest to the street or road, to the landlocked plot, at the cost of the owner of the land-locked plot & such other conditions as the Authority may specify. If the Plot is landlocked by any reservation, then access may be made available by adjusting the reservation within owners’ land without reduction in area. Such land-locked plots, up to 100 m. shall be considered as fronting on the main road from which the access of a minimum of 9.0 m. width is made available.

 

Rule No. 3.3.15 Approach by underpass or Over Bridge for adjoining properties.

 

In case adjoining properties of an owner or different owner are separated by road, river, nallah etc., then the Authority may allow the owner to construct an underpass or over bridge or foot over a bridge of the required size at his cost so as to ease the movement of people/vehicle across the properties.

 

Rule No. 3.6 Provision for Electric Sub-Station

 

In case of development/re-development of any land, building, or premises mentioned below, provision for an electric sub-station shall be made as under, if the requirement for the same is considered necessary by the concerned power supply authority.

 

Sr. No.Plot AreaMaximum requirements
1Plot above 2000 Sq.m.Of 5.0 m. x 5.0 m. and height of not more than 5.0 m.
2Layout or sub-division of a plot measuring 2.0 ha. or more.A suitable site for an electric sub-station as required by the Power Supply Company

 

Provided that the sub-station is constructed in such a manner that it is away from the main building at a distance of at least 3.0 m. and in general does not affect the required side marginal distances or prescribed width of internal access or recreational open space.

 

Rule No. 3.9 Net Plot Area and Computation Of FSI


For the purpose of computing FSI/Built-up area, the net area of the plot shall be as follows:-

 

i)  In case of a plotted layout/sub-division/group housing scheme/any development, the net area shall be the balance plot area after deducting the area covered by amenity space under Regulation No.3.5 and Development/Regional Plan proposals, including new roads and road widening, if any, from the total area of the plot.

 

ii)  For the purpose of computation of FSI / built-up area, the net area of the plot shall only be considered.

 

iii)  In case of plotted layout, the basic FSI of such net area shall be distributed on all plots on a pro-rata basis or on specific plots as the land owner desires, subject to maximum receiving potential prescribed in these regulations. However, such entitlement of FSI on certain plots shall be clearly mentioned on the layout plan.

 

iv)  In the case of plots from already approved layouts, the plot area shall be treated as a net plot area.

 

v)  The above regulations in respect of net plot area and computation of FSI shall apply to proposals in all land use zones.

 

Rule No. 3.12 Amalgamation Of Plots

 

i)  Amalgamation of plots/lands shall be permissible if they form a sizable plot from a planning point of view and are contiguous. The amenities and layout plot shall also be entitled to amalgamation, provided the amenities are developed in a proportionate area.

 

ii)  The amalgamation of plots from the approved layout, which is not desirable from a planning point of view (e.g., as shown in below), shall not be permitted.

 

 

iii)  Land separated by a minor watercourse or nallah or road may be entitled to amalgamation provided connecting over a bridge or underpass of sufficient width, and strength is constructed by the owner with the approval of the Authority.

 

Rule No. 3.13 Development of Cycle Track Along River and Nallah

 

3.13.1 

 

A regulation with respect of the development of cycle track along the river and nallah for the Nashik Municipal Corporation area is given in Regulation No.10.5.2.

 

3.13.2

 

For other Municipal Corporations, the following regulations shall be applicable.

A cycle track shall be developed along the rivers in green belt areas earmarked in the Development Plan. Also, cycle tracks are developed along the major nallah.

 

A distance of 6.0 m. from the edge of the minor water course (nallah) is to be left as the marginal distance for the construction of any building. A 3.0 m. a strip of land from the edge of such water course out of this 6.0 m. distance to be left shall be available for use as a cycle track for the general public. The compound wall shall be constructed excluding this distance of 3 m. strip for a cycle track. The owner shall be entitled to FSI of this strip of land for the cycle track, in situ. This 3.0 m. wide strip shall be handed over to the Municipal Corporation, for which, the owner shall be entitled to TDR or in-situ FSI equivalent to 35% of the area of 3.0 m. wide strip. This regulation shall be applicable for the development of land along Nallahs and Green Belt areas as and when it is notified by the Municipal Commissioner after identifying such Green Belt and Nallahs. Where development has already taken place and it is impossible to make provision for such 3.0 m. wide cycle track, then the Municipal Commissioner shall not identify such green belts/Nallahs.

 

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

 

Provision for Inclusive Housing in UDCPR 2020

 

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

 

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