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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

 

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

UDCPR 2020 Chapter 7 is all about Higher FSI for Certain Uses 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.7.4 Development and Redevelopment of Housing Schemes of Maharashtra Housing Area Development Authority

 

7.4.1

 

Development/re-development of housing schemes of Maharashtra Housing and Area Development Authority shall be subject to the following provisions:-

 

i) The FSI for a new scheme of Low Cost Housing, implemented by MHADA departmentally on vacant lands for Economically Weaker Sections (EWS), Low Income Group (LIG) and Middle Income Group (MIG) categories shall be (1) 3.00 or maximum building potential as per road width (Regulation No.6.1 or 6.2) whichever is maximum, on the (1) Gross Plot Area and at least 60% built-up area in such scheme shall be in the form of tenements under the EWS, LIG and MIG categories, as defined by the Government in Housing Department from time to time.

 

ii) For redevelopment of existing housing schemes of MHADA, containing (i) EWS / LIG and/or (ii) MIG and/or (iii) HIG houses with carpet area less than the maximum carpet area prescribed for MIG, the total permissible FSI shall be (1) 3.00 on the gross plot area.

 

7.4.2

 

Where redevelopment of buildings in existing housing schemes of MHADA is undertaken by the housing co-operative societies or the occupiers of such buildings or by the lessees of MHADA, the Rehabilitation Area Entitlement, Incentive FSI and sharing of balance FSI shall be as follows:-

 

i) Rehabilitation Area Entitlement:- Under the redevelopment of the building in the existing Housing scheme of MHADA, the entitlement of rehabilitation area for an existing residential tenement shall be equal to a sum total of -

 

a) A basic entitlement equivalent to the carpet area of the existing tenement plus 35% thereof, subject to a minimum carpet area of 35 sq.m.

 

b) An additional entitlement governed by the size of the plot under redevelopment, in accordance with Table 7-B below:-

 

Table 7-B

The area of the Plot under RedevelopmentAdditional Entitlement (As % of the Carpet Area of the Existing Tenement)
Up to 4000 sq.mNil
Above 4000 sq.m to 2.0 hect15%
Above 2.0 hectares to 5.0 hect25%
Above five hect to 10 hect35
Above ten hect45%

 

Provided that the entitlement of the rehabilitation area as admissible under this regulation shall be exclusive of the area of the balcony.

 

ii) Incentive FSI - Incentive FSI admissible against the FSI required for rehabilitation, as calculated in (A) above, shall be based on the ratio (hereinafter referred to as Basic Ratio) of Land Rate (LR) in Rs. / sq.m. of the plot under redevelopment as per the Annual Statements of Rates (ASR) and Rate of Construction (RC)* in Rs. / sq.m. applicable to the area as per the ASR and shall be as given in the Table 7-C below:-

 

Table No. 7-C

Basic Ratio (LR/RC)Incentive (As % of Admissible Rehabilitation Area)
Above 6.0040%
Above 4.00 and up to 6.0050%
Above 2.00 and up to 4.0060%
Up to 2.0070%

 

Explanation:-

 

* RC is the rate of construction in respect of R.C.C. Construction, as published by the Chief Controlling Revenue Authority & Inspector General of Registration, Maharashtra State in the Annual Statements of Rates.

 

Provided that the above incentive shall be subject to the availability of the FSI on the Plot under redevelopment and its distribution by MHADA.

 

Further, if there is more than one land rate applicable to different parts of the plot under redevelopment, a weighted average of all applicable rates shall be taken to calculate the average land rate and the basic ratio.

 

Provided further, the Land Rate (LR) and the Rate of Construction (RC) for calculation of the Basic Ratio shall be taken for the year in which the redevelopment project is approved by the authority competent to approve it.

 

iii) Sharing of the Balance FSI:- The FSI remaining in the balance after providing for the rehabilitation and the incentive components, calculated as per (i) and (ii) above respectively, shall be shared between the Co-operative Housing Society and MHADA in the form of built-up area, as given in Table No.7-D below and the share of MHADA shall be handed over to MHADA free of cost.

 

Table No.7-D

Basic Ratio (LR/CR)Sharing of balance FSI
Share of Co-operative SocietyShare of MHADA
Above 6.0030%70%
Above 4.00 and up to 6.0035%65%
Above 2.00 and up to 4.0040%60%
Up to 2.0045%55%

 

Provided that in case of plots up to 4000 sq.m., MHADA without insisting MHADA’s Share in the form of BUA, may allow additional BUA over and above existing BUA up to (1) 3.00 FSI by charging premium at the percentage rate of ASR defined in Table No.7-E below:-

 

Table No. 7-E

LR/RC RatioEWS / LIGMIGHIG
0 to 220%45%60%
2 to 423%49%64%
4 to 625%53%68%
Above 628%56%71%

 

7.4.3

 

Where redevelopment of buildings in the existing Housing Schemes of MHADA is undertaken by MHADA or jointly by the MHADA along with the housing societies or along with the occupiers of such building or along with the lessees of MHADA, the Rehabilitation Area Entitlement shall be as follows:-

 

i) Rehabilitation Area Entitlement:- The Rehabilitation Area Entitlement shall be increased by 15% of the existing carpet area, over and above the Rehabilitation Area Entitlement calculated as per Regulation No.7.4.2(i) above.

 

7.4.4 

 

For the purpose of calculating the FSI, the entire area of the layout including Development Plan roads / Regional Plan Roads and internal roads but excluding the land under the reservation of public amenities shall be considered. Sub-division of plots shall be permissible on the basis of the compulsory open spaces as in these Regulations. For low cost housing schemes of MHADA for EWS/LIG categories, the Regulations of the UDCPR shall apply.

 

The reservations in the MHADA layout may be developed as per the provisions of these Regulations.

 

Provided that there shall be no restriction on the utilization of the FSI permissible under this Regulation except for the restrictions under any law, rule, or regulation.

 

7.4.5 

 

For the purpose of this Regulation, the carpet areas for EWS, LIG or MIG tenements shall be as determined by the Government from time to time.

 

7.4.6

 

 i) For providing the requisite infrastructure for the increased population, an infrastructure charge at the rate of 7% of the Land Rate as per the ASR of the year of approval of the redevelopment project shall be chargeable for the extra FSI granted over and above the basic FSI admissible for the redevelopment schemes. 50% of the Infrastructure Charge levied and collected by MHADA shall be transferred to the Authority for developing necessary off-site infrastructure.

 

ii) No premium shall be charged for the FSI admissible as per the prevailing regulations.

 

a) Construction of EWS/LIG and MIG tenements by MHADA on a vacant plot, or

b) In a redevelopment project for the construction of EWS/LIG and MIG tenements towards the share of MHADA.

 

7.4.7 

 

Notwithstanding anything contained in these Regulations, the relaxation incorporated for the slum rehabilitation scheme shall apply to the Housing Schemes under this Regulation for tenements under EWS / LIG and MIG categories. However, the front open space shall not be less than 3.6 m.

 

7.4.8

 

 i) In any Redevelopment Scheme where the Co-operative Housing Society/Developer appointed by the Co-operative Housing Society has obtained No Objection Certificate from the MHADA, thereby sanctioning additional balance FSI with the consent of 51% of its members and where such NOC holder has made provision for alternative permanent accommodation in the proposed building (including transit accommodation), then it shall be obligatory for all the occupiers/members to participate in the Redevelopment Scheme and vacate the existing tenements for the purpose of redevelopment. In case of failure to vacate the existing tenements, the provisions of relevant sections of the MHADA Act mutatis mutandis shall apply for the purpose of getting the tenements vacated from the non-cooperative members.

 

ii) For the redevelopment of buildings in any existing Housing Scheme of MHADA under clause 7.4.8(i) hereinabove, by MHADA, the consent of the Co-operative Housing Society in the form of a valid Resolution as per the Co-operative Societies Act, 1960 will be sufficient. In respect of members not cooperating

 as per approval of the redevelopment project, action under relevant sections of the Maharashtra Housing and Area Development Act, 1976 may be taken by MHADA.

 

7.4.9 

 

A corpus fund, as may be decided by MHADA, shall be created by the Developer which shall remain with the Co-operative Housing Societies for the maintenance of the new buildings under the Rehabilitation Component.

 

7.4.10 

 

i) In case of the layout of MHADA where development is proposed under this Regulation and where such land is observed to be partially occupied by a slum, under section 4 of the Slum Act existing prior to 1.1.2000 or such other reference date notified by the Govt., then for integrated development of the entire layout area and in order to promote flexibility, MHADA may propose development, including area occupied by the slum, under this regulation.

 

ii) a) Each eligible residential or residential cum commercial slum dweller shall be entitled to a tenement of carpet area of 27.88 sq.m. (300 sq.ft.) and

    

     b) Existing or 20.90 sq.m. whichever is less in case of non-residential.

 

iii) If such land occupied by slum is observed to be affected by reservation then the development of reservation on land occupied by slum shall be regulated by the Slum Regulation.

 

iv) Corpus fund: An amount as may be decided by SRA as per Regulation shall be deposited with MHADA Authority for each eligible slum dweller.

 

 

Related Regulations to Rule No. 7

 

Rule No. 7.0 in UDCPR 2020

 

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

 

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

 

Redevelopment of Existing Buildings in UDCPR 2020

 

Development of Housing for EWS and LIG in UDCPR 2020

 

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

 

Regulation for Development of Biotechnology Parks in UDCPR 2020

 

Incentive for Green Buildings in UDCPR 2020

 

Buildings of Smart Fin Tech Centre in UDCPR 2020

 

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

 

Commencement of Work 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. 2.7 Commencement of Work

 

2.7.1 Commencement

 

The commencement certificate/development permission, as approved, shall remain valid for 4 years in the aggregate but shall have to be renewed every year from the date of its issue. The application for renewal shall be made before the expiry of one year if the work has not already commenced. Such renewal can be done for three consecutive terms of one year, after which proposals shall have to be submitted to obtain development permission. If application for renewal is made after the expiry of the stipulated period during which the commencement certificate is valid, then the Authority may condone the delay in submission of the application for renewal by charging fees at the rate of 1/3 of the amount as per Regulation No.2.2.12 per year, but in any case, commencement certificate shall not be renewed beyond 4 years from the date of commencement certificate/development permission.

 

Provided that, no such renewal shall be necessary if the work is commenced within the period of valid permission and such permission shall remain valid till the work is completed.
For the purpose of this regulation, "Commencement" shall mean as under :-

 

For the building work including additions and alterationsUpto plinth level or where there is no plinth up to the upper level of lower basement or stilt as the case may be.
For bridges and overhead tank constructionFoundation and work up to the base floor/underground floor
For underground works/Foundation and work up to the underground floor.
For layout, sub-division and amalgamationFinal demarcation and provision of water bound macadam roads complete.

 

2.7.2 Development of Land Sub-division/Group Housing Schemes

 

In the case of land subdivision/group housing schemes, it shall be the responsibility of the owner/developer to construct all infrastructure including roads with storm water drains, sewer lines, water supply lines, development of recreational open spaces, etc.

 

In case of land subdivision, these works shall generally be completed within two years and phase wise building permission shall be granted depending upon the percentage of infrastructure work completed. The layout plots should be released for construction in stages according to infrastructure work completed. The condition to that effect shall be incorporated in the development permission / commencement certificate.

 

In the case of a group housing scheme, these works shall be completed before the completion of the project, and an occupancy certificate shall be granted phase-wise as per the completion of infrastructure work.

 

After handing over roads and infrastructure to the Authority on completion of the scheme, the responsibility of maintenance of such roads and infrastructure shall lie with the Authority. However, internal roads and infrastructure in the group housing scheme shall be maintained by the owner/society.

 

Related Regulations to Rule No. 2- 

 

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

 

Grant or Refusal of Permission 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

 

Discretionary Powers Interpretation 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

 

Terminology used in Building bye laws

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

https://foot2feet.com/blog/types-of-land-zone-its-benefits/

 

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

Uses Permissible in Commercial Zone in UDCPR 2020

Any city in India is divided into various land use zones: Residential, Commercial, Agricultural, Industrial, etc. So, there is a restriction on the use of land under any zone. For example, You cannot build a Commercial building in an Agricultural Zone, or You cannot build hazardous or high-end Industries in a Residential Zone. So here are the uses permissible in the Commercial Zone as per UDCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

 

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. 4.7 COMMERCIAL ZONE

 

In commercial zones, buildings or premises shall be used for the uses and purposes given below :-

 

i)  Any use permitted in the residential R - 2 zone.

 

ii)  Any commercial use, wholesale establishments with or without storage area.

 

iii)  Uses permissible in a Public Semi-public Zone.

 

iv)  Public utility buildings.

 

v)  Activities permissible in Service Industries.

 

 

Related Regulations to Rule No. 4- 

 

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

 

Uses Permissible in Various Zones UDCPR 2020

 

Uses Permissible in Development Plan Reservations in UDCPR 2020

 

Uses Permissible in Green Belt Zone and River Protection Belt in UDCPR 2020

 

Uses Permissible in Agricultural Zone in UDCPR 2020

 

Uses Permissible in Public and Semi Public Zone in UDCPR 2020

 

Uses Permissible in Industrial Zone in UDCPR 2020

 

What are the Types of Zones in UDCPR 2020

 

Uses Permissible in Residential Zones R2 in UDCPR 2020

 

Uses Permissible in Residential Zones R1 in UDCPR 2020

 

Transit Oriented Development (TOD) in UDCPR 2020

UDCPR 2020 Chapter 14 is all about the Special Schemes as per mentioned in the UDCPR 

 

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

 

Rule No. 14.2 Transit-Oriented Development (TOD)

 

The following regulations in respect of Transit Oriented Development shall be applicable for the areas mentioned herein under. These provisions shall come into operation where Authorities either have or proposed RTS/Metro-rail/BRTS corridors in their Development Plans and have started implementing them.

 

14.2.1 For Pune Municipal Corporation Area

 

14.2.1 Transit-Oriented Development (TOD)

 

The planning authority shall ensure execution of complete street design for the success of TOD and enable construction of street oriented buildings while achieving optimum densities in residential, commercial and office buildings.

 

The Planning authority shall also ensure complete pedestrianisation in the TOD zones for easy movement of the pedestrians to & from station within a period of 1 year from sanction of this regulation.
 

14.2.1.1 Definition

 

(i) TOD zone :- It is the area 500 m. around the proposed Metrostation boundary, which will be delineated by the Planning Authority with the approval of the State Government. Wherever any reservation/amenity space within such distance is utilized for the purpose of transportation as prescribed in these regulations, and the distance of 500 m. shall stand relaxed up to 30%. The TOD zone shall be delineated on the ground by the Planning Authority in a bound manner i.e. within 2 months from this notification.

 

(ii) Base permissible FSI :- It is the FSI that is otherwise permissible on any land with respect to zone shown as per the sanctioned development plan and the relevant provision of the Principal DCPR excluding the TDR and the premium FSI, redevelopment incentive FSI that can be received.

 

(iii) Gross plot area :- Gross Plot Area means the total area of land after deducting area under reservation or deemed reservation like amenity space if any, area under D.P. Road and Road widening.

 

(iv) Principal DCPR :- Principal DCPR means the UDCPR sanctioned vide notification dt.02.12.2020 and as amended from time to time.

 

14.2.1.2 Maximum Permissible FSI

 

The maximum permissible total FSI in the TOD zone shall be 4.00 including the base permissible FSI, subject to the condition that, the additional FSI over and above the base permissible FSI shall be allowed within the overall limit of maximum permissible FSI, as given in the Table below -

 

Sr. No.Road width in m.Maximum Permissible FSI
123
19.0 m. and up to 12.0 m2.50
212.0 m. and up to 15.0 m.3.00
315.0 m. and up to 24.0 m3.50
424.0 m. and above4.00

 

Note : The Regulations as pertaining to Ancillary FSI as listed in the principle DCPR shall be applicable to the above-mentioned FSI. The Built-up Area Calculation shall be in accordance with Regulation 6.6 of UDCPR.

 

14.2.1.2.1 Premium to be Paid

 

Additional FSI Over and above the base permissible FSI of respective land use zones as per principal DCPR may be permitted on the payment of premium.

 

The rate of premium for the additional F.S.I. as mentioned in Column No.3 above shall be 30% for FSI to be used for tenements of size equal to or less than 60 sq.m. and 35% for the remaining FSI to be used for residential and/or commercial use, of the rate of the said land mentioned in Annual Statement of Rates without considering the guidelines therein.

 

In the area of the Planning Authority, 50% of the amount of premium collected should be paid to the Planning Authority in the area concerned with the Urban Transport Project and the remaining 50% to the Project Implementing Authority.

 

In the area of Regional Plans, 50% of the amount of premium collected should be paid to the Government through the District offices of the Town Planning and Valuation Department and the remaining 50% to the Project Implementing Authority.

 

14.2.1.2.2 Impact Assessment and Integrated Mobility Plan

 

Such additional FSI over and above the base permissible FSI, shall be granted by the Authority from where the Metro Rail is passing through, after taking into account the Impact Assessment of the implementation of these regulations, regarding the impact on the city and sector-level infrastructure and amenities as well as traffic and environment. Such Impact Assessment shall also contain measures to be undertaken to mitigate its likely impact and the Action Plan for implementation of such measures in a time-bound manner.

There shall be an Integrated Mobility Plan envisaging inter-linkages between different modes of mass transport, parking management, traffic management and pedestrianisation, non- motorized transport network, last mile connectivity, traffic calming, inter-connected street networking etc.

 

The impact assessment analysis shall be done by the Planning Authority within 4 months containing the remedial measures required regarding the upgradation of infrastructure, etc. taking into consideration the impact analysis and provisions of the sanctioned Development Plan and the need for such area falling in TOD Zone. Local Area Plans shall be prepared by the Planning Authority with the participation of local residents within a period of four (4) months. Such Local Area Plans shall contain complete street design to achieve optimum densities and also to ensure complete pedestrianisation.

 

14.2.1.2.3

 

The entire area of the plot may be considered for calculating the potential of the plot with respect to premium FSI + TDR, but not the basic FSI. Basic FSI shall be calculated on the area of the plot remaining with the owner after deducting the area under D.P. road/road widening/reservations and amenity space. This shall be applicable in cases where a reservation area or amenity space is handed over to the authority.

 

14.2.1.2.4

 

In case of plot/plots falling partly within the TOD zone, the FSI permissible shall be as follows, provided that the total area of the plot (plot falling within TOD zone plus plot falling outside TOD zone) shall be as prescribed in the table in regulation no.14.2.1.2 :-

 

(i) Where 50% or more area of such plot/plots falls within TOD zone, these regulations including FSI shall apply to the total area of such plot/plots.

 

(ii) Whereless than 50% area of such plot/plots falls within the TOD zone, these regulations including FSI shall be applicable to the part of plot/plots falling within the TOD zone, whereas for the part of plot/plots falling outside TOD zone, these regulations except provisions regarding FSI shall be applicable. The FSI permissible for the part falling outside the TOD zone shall be as per Principal DCPR.

 

Notwithstanding anything contained in any other provisions of these regulations, TDR shall be allowed to be received on the plots within the TOD zone, irrespective of its location in a congested area/non-congested area as per the Development Plan of Pune subject to the condition that it shall be utilised in 1/4th share with premium FSI at every stage of utilization. Such share shall be calculated on the potential remaining after utilizing the in-situ FSI towards the Development Plan road, reservation, and amenity space, if any, on such land.

 

However in case of non -availability/shortage of TDR, the Authority, after considering the local situation, may allow utilisation of the entire potential with premium FSI. The Planning Authority shall compensate for the same to the Metro Project Implementing Authority as per the sharing formula decided by the Government from time to time.

 

(iii) In the case of plots that marginally fall in the TOD Zone, i.e., less than 10% or 500 sq.m., whichever is less, the land owner/developer shall decide to follow these TOD Regulations or Principal DCPR.

 

14.2.1.3 Tenement Size

 

For any development or redevelopment within the TOD zone, the size of the tenement shall be a minimum of 25 sq.m. and a maximum of 120 sq.m. of carpet area and out of total proposed tenements, the tenements equivalent to at least 50% of total FSI shall be of a size equal to or less than 60 sq.m. carpet area except the projects in which rehabilitation of existing tenements is undertaken. In the case of a redevelopment scheme, the size of the tenement can be relaxed for the Rehab Component subject to other provisions of Principal DCPR. However, for the free sale component, 50% of residual FSI shall be utilised for tenements of size equal to or less than 60 sq.m. carpet area. These tenements shall not be allowed to be clubbed/amalgamated in any case. However, this restriction for the residual FSI shall not be necessary in the case of single-building redevelopment projects on plots below 1000 sq.m.

 

In the case of a building with mixed-use, 50% of FSI utilized for residential purposes shall be considered for calculating the requirement of tenements of a size equal to or less than 60 sq.m. carpet area.

 

If the holder/owner of the property needs to build this 50% component at some other location(s) within the same TOD zone/circle, the difference between the rate of sale of tenements as mentioned in the Annual Statement of Rates shall be paid by the developer to the Municipal Corporation as premium.

 

14.2.1.4 Permissible mixed use in TOD zone

 

Mixed-use in the form of residential and commercial may be permissible on the residential plot in the TOD zone fronting on the road width of 12 m., and above, and mixed-use on plot/plots in the commercial plot in the TOD zone shall be permissible as per the Principal DCPR and the maximum permissible FSI under this regulation shall be allowed on the payment of premium. Purely Mercantile building office buildings, schools, colleges, hospitals, hotels, and assembly buildings will be permissible on independent plots, & Information Technology buildings will be permissible on independent plots subject to payment of premium. For I.T. Buildings the rate of premium for additional FSI up to 200 % shall be as per regulation No.7.8 of Principal DCPR and for additional FSI over it shall be as required under this regulation.

 

14.2.1.5 Marginal Distances

 

Marginal Distances Shall be applicable as per provisions in principle DCPR.

 

14.2.1.6 Parking

 

Parking provisions in the TOD Zone shall be at 50% of those as mentioned in UDCPR.

 

Note : No on-street parking shall be permissible, unless specifically allowed in the integrated mobility plan report.

 

14.2.1.6.1 Incentive for providing Public Parking in the area falling within the radius of 200 m. from the Metro/ MRTS Station.

 

If the owner/developer of the plot falling within the radius of 200 mt. from the Metro Station is willing to provide Public Parking space over and above the parking spaces required as per

regulation No.14.2.1.6 of this regulation, the same shall be allowed without charging a premium for such additional area and in that case the overall premium shall be discounted on 50 % of such parking area while calculating premium for additional FSI allowed over and above the base FSI, subject to following conditions :-

 

a) Such parking area shall be in the built-form and shall be handed over to the Planning Authority free of cost before granting the Occupation Certificate to the project. The Planning Authority should enter into an agreement with the owner/developer for such parking space at the time of granting Commencement Certificate to the project. Such a Public Parking area shall be clearly shown on the proposed building plan/layout and a condition to the above effect shall be incorporated in the Commencement Certificate.

 

b) The parking area shall have independent access from the major road adjacent to the plot and with proper entry and exits.

 

c) The parking area to be made available at the individual site shall be at a minimum of 100 sq. mt. at one place either on the Ground floor/Stilt floor or the first floor.

 

d) The maximum parking area that can be provided shall be decided by the Authority, as the case may be, on considering the location of such site and the parking requirement.

 

e) A board showing the location of such public parking spaces should he displayed at suitable places by the Planning Authority.

 

f) The area covered under such parking shall not be counted towards FSI consumption.

 

g) Concerned land owner/developer/society / public company shall not be allowed to operate the public parking.

 

h) The proposed development shall be further subject to such conditions as may be decided by the Authority.
 

14.2.1.7

 

In case of development or redevelopment, proposed by the Authority/individual applicant/any other Planning Authority, from the edge of the Metro Rail, within 20 mt. distance on its either side, the concerned Planning Authority before granting such permission for development/redevelopment shall seek prior NOC from the concerned Metro Railway Authority as required under the Metro Railways (Construction of Works) Act, 1978 from the point of view of safety of the Metro Railway and such other related matters.

 

14.2.1.8

 

For the matters not provided in this regulation, the relevant provisions of Principal DCPR shall apply. However, in case of any conflict between this Regulation and any other Regulation/s of the Principal DCPR, this Regulation shall prevail for the TOD zone.

 

14.2.1.9

 

No Compound wall/fencing shall be permissible on the plot's boundary facing the road, and 50% of the front marginal distance (subject to a minimum of 3.0 mt.) shall be kept accessible to pedestrians to be used as footpaths. However, it shall be permissible for the applicant to construct / erect fencing on the receded boundary after leaving the space for pedestrians as specified above.

 

14.2.1.10

 

Large wholesale stores having built-up areas of more than 500 sq.mt., car dealer showrooms, warehouses/storages, auto service centres, Garages etc. shall not be permissible in the TOD zone.

 

14.2.1.11

 

The provision of Inclusive housing shall not be applicable in the TOD zone.

 

14.2.1.12

 

For Gunthewari development regularized under the provisions of Maharashtra Gunthewari Development Act, 2001 and falling in the TOD zone, seeking permission for development/redevelopment, these regulations shall apply.

 

14.2.1.13

 

In the case of an independent unit or bungalow for self-use, such Development or redevelopment may be allowed within base FSI subject to the Principal DCPR.

 

Notwithstanding anything contained in this regulation, if any development on a plot in the TOD zone is proposed within base permissible FSI (without TDR or Premium FSI) as per provisions of Principal DCPR, all other provisions of Principal DCPR shall be applicable.

 

14.2.1.14

 

The layout of building/group housing layout or standalone building on a plot/plots situated in TOD zone/Circle, over which any development permission is granted or any development proposal for which any action is taken and for which occupancy certificate is not granted, may be revised and balanced potential, as per this regulation, if any, may be allowed subject to structural stability criteria and provisions in Regulation 1.5 of Principle DCPRand subject to following -

 

a) Parking - For the ongoing buildings, the requirement of parking as per this regulation shall be applicable for the balance building potential.

 

b) Tenement size - For the ongoing buildings, the requirement of tenement size as per this regulation shall be applicable for the balance building potential.

 

14.2.1.15

 

The Amount received as scrutiny fee, hardship premium, and premium for additional FSI etc. in the TOD zone/circle shall be kept in separate head at Authority level and shall be utilizedfor development of metro project as per directives issued by Government from time to time.

 

14.2.1.16

 

These TOD provisions will also be made applicable to other MRTS projects such as BRTS. The scale of FSI availability will be notified later by the Government for such other projects. 

 

14.2.2 Pune Metropolitan Region Development Authority area

 

For this area, the regulations specified in Regulation No.14.2.1 are applicable mutatis – mutandis.

 

14.2.3 For Nagpur Municipal Corporation and Nagpur Metropolitan Region Development Authority

 

The following Regulations are applicable for the Development/Redevelopment of buildings falling within the Nagpur Metro Rail Corridor (NMRC)

 

i) Definitions


a) Nagpur Metro Rail Corridor (NMRC) - It is an area falling within 500 m. distance on

either side of the Nagpur Metro Rail measured from its Centre line and also includes the area falling within 500 m. distance from the longitudinal end of the last Metro Railway Station. This regulation is also applicable to all the Planning Authorities from where the Metro Rail is passing through.

 

b) Base permissible FSI— It is the FSI that is otherwise permissible on any land with respect to the zone shown as per the sanctioned development plan and the relevant provision of the Principal DCR, excluding the TDR and the premium FSI, redevelopment incentive FSI that can be received.

 

c) Gross plot area - Gross Plot Area means total area of land after deducting area under reservation or deemed reservation like amenity space if any, area under D.P. Road and Road widening.

 

ii) Maximum Permissible FSI

 

The maximum permissible total FSI in NMRC shall be 4.00 including the basic permissible FSI, subject to the condition that, the additional FSI over and above the basic permissible FSI shall be allowed within the overall limit of maximum permissible FSI, as given in the Table No.14-O below :-

 

Table No.14-O

Sr. No.Minimum Road WidthPlot AreaMaximum Permissible FSI
19.00 mBelow 1000 sq.m2.00
29.00 m1000 sq.m. or above3.00
312.00 m.2000 sq.m. or above3.50
415.00 m.2000 sq.m. or above4.00

 

Explanation:-

 

1) The maximum permissible FSI as per the above Table shall be determined by satisfaction of both the criterias viz. Minimum Road width as well as plot area, simultaneously. However in case, both these criteria are not satisfied simultaneously, the maximum permissible FSI shall be the minimum of that permissible against each of these two criteria, as illustrated below.

 

2) The land owner/Developer shall not have the option to use TDR in NMRC.

 

Illustrations:- 

 

Table No.14-P

Plot AreaRoad width
Less than 9.0 m.9.0 m. & above12.0 m. & above15.0 m. & above
below 1000 sq.m.As mentioned in Chapter 62.02.02.0
1000 sq.m up to 2000 sq.m. As mentioned in Chapter 63.03.53.5
Above 2000 sq.m.As mentioned in Chapter 63.03.54.0

 

a) Premium to be Paid

 

Additional FSI over and above basic permissible FSI of respective land use zones as mentioned in Chapter 6 may be permitted on the payment of premium as may be decided by the Govt. from time to time.

 

i) The additional FSI as prescribed in the Table under provision (ii) above, in case of development/redevelopment proposed in the NMRC with minimum tenement density per hectare of the gross plot area as given below.

 

Minimum Numbers of Tenements = Gross Plot Area x Maximum Proposed FSI for Residential use x 200 Tenement per Hector.

 

ii) However, subject to the provisions of regulation 14.2.3(iii) herein below, if the tenement density proposed is less than that stipulated under provision (ii)(a)(i), the premium to be paid in that event shall be the additional premium as may be decided by the Govt. from time to time and such premium shall be chargeable on the total additional FSI to be availed beyond the basic permissible FSI.

 

iii) For construction of buildings mentioned in Chapter 7, the rates of premium shall be as mentioned in the said Chapter.

 

b) Impact Assessment and Integrated Mobility Plan

 

Such additional FSI over and above the base permissible FSI, shall be granted by the Commissioner, Nagpur Municipal Corporation / Chairman, Nagpur Improvement Trust, and any Planning Authorities from where the Metro Rail is passing through after taking into account the Impact Assessment of the implementation of these regulations regarding the impact on the city and sector level infrastructure and amenities as well as traffic and environment on such NMRC.

 

Such Impact Assessment shall also contain measures to be undertaken to mitigate its likely impact and the Action Plan for implementation of such measures in a time-bound manner. It shall also contain an Integrated Mobility Plan envisaging therein inter-linkages between different modes of mass transport, parking management, traffic management, and pedestrianization.

 

c) The maximum permissible FSI as given in Table under Regulation No. (ii) above shall be calculated on the gross plot area.

 

d) In case of plot/plots falling partly within the NMRC, the FSI permissible shall be as follows, provided that the total area of the plot (plot falling within NMRC plus plot falling outside NMRC) shall be as prescribed in the table in Regulation No. (ii) above :-

 

(i) Where 50% or more area of such plot/plots falls within NMRC, these regulations including FSI shall apply to the total area of such plot/plots.

 

(ii) Where less than 50% area of such plot/plots falls within NMRC, these regulations including FSI shall be applicable to the part of plot/plots falling within NMRC, whereas for the part of plot / plots falling outside NMRC, these regulations except provisions regarding FSI shall be applicable. The FSI permissible for the part falling outside NMRC shall be as mentioned in Chapter 6.

 

Moreover, the owner shall have the option of either opting for UDCPR provisions in toto or opting for TOD regulations in toto. In case, the owner opts for development as per UDCPR provisions, then he may be allowed to utilize FSI as per TOD regulations over and above the maximum potential mentioned in Table 6-A or 6-G.

 

e) Notwithstanding anything contained in any other provisions of these regulations, TDR shall not be allowed to be received on the plots within NMRC, irrespective of its location in congested area/non-congested area as per the Sanction Development Plan of Nagpur.

 

iii) Permissible mixed use in NMRC :

 

Mixed use in the form of residential and commercial, fully commercial use may be permissible on the residential plot in NMRC fronting on the road width of 12.0 m. and above. Mix use on plot/plots in commercial zones of sanction Development Plan falling under NMRC shall be permissible as per these Development Control and Promotion Regulations and the FSI permissible as per his Regulation over and above as mentioned in Chapter 6 shall be allowed on the payment of premium, as per subject to Maximum building potential as mentioned in Regulation No.(ii) above.

 

iv) Other provisions regarding marginal open spaces shall be governed by the proposed height of the structure, as given in the provisions (v) below, and should conform to the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 (Maharashtra Act No.III of 2007), as amended from time to time. No building permission shall be issued without the NOC of the Fire Officer. Other regulations regarding room sizes, apertures for light, and ventilation shall be as per these Development Control and Promotion Regulations in force.

 

v) Marginal Spaces :

 

Table No.14-Q

Sr. NoBuilding HeightSide and Rear MarginsRemark
a15.0 m. and belowH/2-4Minimum 3.0 m. for Residential minimum of 4.5 m. for Commercial and Minimum 6.0 m. for Special Buildings.
bAbove 15.0 m. and up to 24.0 m.H/5Minimum 4.5 m. for Residential and Commercial Building and 6.0 m. for Special Building.
cAbove 24.0 m.Minimum 6.0 m.

 

Note - 1. Maximum Side/Rear/Front Margin shall be 12.0 m however, if the Developer/Owners provide more than 12.0 m. side and rear margins it may be allowed.

 

Note - 2. The Municipal Commissioner may relax the side and rear marginal distances as per Regulation No.2.4 of UDCPR, subject to the following provisions.

 

A) If clear minimum marginal distance is proposed from one side as per these Regulation then other side marginal distance may be relaxed up to 50%.

 

B) Front margin relaxation to allow additional FSI may be granted subject to the condition that the Minimum road width shall be 12.0 m. and above.

 

Note - 3. In case semi-detached construction as per these regulations, common wall constructed is allowed and marginal distance shall be provided for other side as per these regulations.

 

(v)(a) No projections shall be allowed in one side marginal spaces as mentioned in Note No.2(A) above so that this marginal spaces remain free from all encumbrances for the movement of fire tenders. However open balconies may be allowed in the marginal spaces where concession as mentioned in Note No.2(A) above is allowed, after leaving minimum 3.0 m. distance from the plot boundaries, subject to Fire NOC.

 

In case if the ramp is necessary for accessibility, such a ramp may be allowed after living 6.0 m. clear margin. However, such a Ramp may be allowed in the side margin where relaxation is to be granted as per the provision mentioned in Note No.2(A) above subject to NOC of the Fire Department.

 

(v)b) For calculation of marginal distances, the height of the parking floors (Maximum two floors above the Ground Level) shall not be taken into account, However, the height of such parking floors will be counted towards the total height of the building for deciding the building as high rise building and for civil Aviation purpose.

 

(v)(c) Car lift/mechanical parking shall be permissible, as per these regulations as amended from time to time.

 

vi) Parking :

 

Parking in the NMRC shall be provided as per the table given below :-

 

Table No. 14 - R

Sr. No.OccupancyOne parking space for everyTransit Oriented
CarScooter/MotorcycleCycle
1Residential(a) Tenements having carpet area -   
From 25 and up to 40 sq.m.012
For 2 units above 40 and up to 60 sq.m.112
For every unit above 60 and up to 80 sq.m.112
For every unit above 80 sq.m.121
2Govt. & Semi Govt. Private business buildings100 sq.m. carpet area or fraction thereof122

 

Note :-


1) Parking spaces for differently-abled persons shall be provided as stipulated in these

regulations in each new construction/development /re-development in the NMRC.

 

2) On street parking shall not be permissible, unless specifically allowed in the impact assessment and mobility report.

 

(vi)(a) Incentive for providing Public Parking in the area falling within a radius of 200 m. from the Metro Station.

 

If the owner/developer of the plot falling within the radius of 200 m. from the Metro Station, is willing to provide Public Parking space over and above the parking spaces required as per the table given in Regulation No. (vi) above of this regulation, the same shall be allowed and in that case, the premium to be paid by such developer/owner as per Regulation No.14.2.3(ii)

 

(a) shall be reduced by the amount equal to the premium worked out for 25% of the area earmarked for such additional Public Parking space, subject to the following conditions:-

 

i) Such parking area shall be in the built-up form and shall be handed over to the Planning Authority free of cost before granting the Occupation Certificate to the project. The Planning Authority should enter into an agreement with the owner/developer for such parking space at the time of granting a Commencement Certificate to the project. Such a Public Parking area shall be clearly shown on the proposed building plan/layout and a condition to the above effect shall be incorporated in the Commencement Certificate.

 

ii) The parking area shall have independent access from the major road adjacent to the plot and with proper entry and exits.

 

iii) The parking area to be made available at the individual sites shall be at a minimum of 100 sq.m. at one place either on the Ground floor/Stilt floor or first floor.

 

iv) The maximum parking area that can be provided shall be decided by the Commissioner, Nagpur Municipal Corporation/the Chairman, Nagpur Improvement Trust, as the case may be, on considering the location of such site and the parking requirement.

 

v) A board showing the location of such public parking space should be displayed at suitable places by the Planning Authority.

 

vi) Area covered under such parking shall not be counted towards FSI consumption.

 

vii)  Concerned land owner/developer/society/public company shall not be allowed to operate the public parking.

 

viii)  The proposed development shall be further subject to such conditions as may be decided by the Municipal Commissioner/Chairman, NIT, as the case may be.

 

vii) In case of development or redevelopment, proposed by the Authority / individual applicant/any other Planning Authority, from the edge of the Metro Rail, within 10.0 m. distance from the Metro Rail, on its either side, the concerned Planning Authority i.e. Nagpur Improvement Trust / Nagpur Municipal Corporation before granting such permission for development/redevelopment shall seek prior NOC from the Nagpur Metro Railway Corporation Ltd as required under the Metro Railways (Construction of Works) Act, 1978 from the point of view of safety of the Metro Railway and such other related matters.

 

viii) The provisions of these UDCPR shall be applicable except, express provisions of these TOD regulations. However in case of any conflict between TOD Regulations and any other Regulation/s of UDCPR, TOD Regulations shall prevail for the NMRC.

 

ix) No Compound wall/fencing shall be permissible on the boundary of plot facing the road and 50% front marginal distance (subject to minimum and maximum of 3.0 m.) shall be kept accessible and to be used as foot paths for pedestrians. However, it shall be permissible for the applicant to construct/erect fencing, on the boundary, after leaving the space for pedestrians as specified above.

 

However for the plots situated on 9.0 m., 12.0 m. & 15.0 m., wide Roads having 100% residential use therefore, the above rule shall not be made applicable.

 

a) Large wholesale stores, auto dealer showrooms, warehouses/storages, auto service centres, Garages etc. shall not be permissible in NMRC.

 

b) Provision of Inclusive housing shall not be applicable in NMRC.

 

c) For Gunthewari development regularized under the provisions of Maharashtra Gunthewari Development Act, 2001 and falling in NMRC, seeking provisions for Development/redevelopment, these regulations shall apply.

 

d) The width of the passage shall be a minimum of 1.2 m. for residential use & 2.0 m. for

commercial use.

 

e) The above regulation shall be applicable to all the buildings (i.e. newly proposed buildings as well as old buildings for utilization of FSI) in TOD.

 

f) In case of a redevelopment scheme, the size of the tenement can be relaxed for the Rehab Component subject to other provisions of the UDCPR. However, the TOD Regulation shall be made applicable for the free sale component.

 

g) In case of an independent unit/Bungalow for self-use, such Development/Redevelopment may be allowed within base FSI subject to UDCPR.

 

h) The layout of the building/group housing layout or standalone building on a plot/plots situated in NMRC over which construction is started and for which occupancy certificate is not granted may be revised and balance potential if any may be allowed as per the above provisions subject to following :-

 

Marginal Distance – The existing marginal distances including the front margin may be allowed for higher floor/floors and necessary relaxation to that extent may be granted by the Municipal Commissioner subject to compliance with all fire requirements and fire NOCs by charging hardship premium. The hardship premium is to be decided by the Municipal Commissioner. In any case sanctioned existing marginal/front margin distance shall not be reduced.

 

14.2.4 For other Municipal Corporations and other Metropolitan Region Development Authority (1) and CIDCO area

 

For these areas, the regulations specified in Regulation No.14.2.1 shall be applicable.

 

14.2.5 Regulations for BRT Corridor in Pimpri-Chinchwad Municipal Corporation.

 

The Regulations for development along the BRT corridor in the Pimpri-Chinchwad Municipal Corporation area sanctioned vide Government Notification No.TPS-1812/737/12/CR-506/ 13/Reconstruction No.110/UD-13, dated 03/03/2010 and amended from time to time, shall be applicable with the following modifications.

 

FSI receiving or development potential of the plot shall be as below

 

Sr. NoRoad width in metersBasic FSIFSI on payment of premiumMaximum permissible TDRMaximum building potential on plot including in-situ FSI
123456
1Below 9 m.1.00----1.00
29 m. and above but below 12 m.1.000.500.752.25
312 m. and above but below 15 m.1.000.501.002.50
415 m. and above but below 24 m.1.000.501.252.75
524 and above but below 30 m1.000.501.503.00
630 and above1.000.501.753.25

 

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