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Savings 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. 1.5 Savings

 

Notwithstanding anything contained in these regulations, any development permission granted or any development proposal for which any action is taken under the erstwhile regulations shall be valid and continue to be so valid, unless otherwise specified in these regulations.

 

Provided that, the words 'action taken' in this regulation shall also include the issuance of the letter for payment of Development and other Charges issued after approval of the proposal in principle.

 

Provided further that if any development permission has been issued before the date of coming into force of these regulations and if work is not commenced within the validity period and such permission is not renewed (1) in time i.e. before the expiry of the validity period of one year, then the said development permission should be deemed to have been lapsed. (1) However, there is no bar to further renew the valid permission from year to year; but such an extended period shall in no case exceed three years.

 

Provided further that, it shall be permissible for the owner to -

 

a) Either continues to develop the project as approved under the erstwhile regulations in toto; and for that limited purpose, erstwhile regulation shall remain in force.


In case the commencement certificate is issued and the construction is in progress/part occupancy issued, and if plans for the additional built-up area as per erstwhile regulations are submitted to the Authority either before or after coming into force of these regulations by consuming/utilizing FSI/TDR as per the erstwhile regulations; but could not be sanctioned due to the pandemic situation arisen out of COVID-19, the same may be allowed to be permitted as per the erstwhile regulations in toto including the payment of premium/charges, if the applicant so desires. However, such cases shall be disposed of by the authority before 31st January, 2022; else such applicants will have to submit the

fresh proposal as per these regulations.


Provided further that, if any development proposal as per erstwhile regulations

is submitted before the date of coming into force of these regulations either up to maximum building potential or part of maximum building potential for which any action is not taken under the erstwhile regulations, due to the pandemic situation arising out of COVID-19, it shall be permissible for the owner to continue the project as per the erstwhile regulations in toto up to maximum building potential as per erstwhile regulations, if the applicant so desires (1) and for that limited purpose the erstwhile regulations shall remain in force. However, such cases shall be disposed of by the authority before 31st January, 2022 else such applicants will have to submit a fresh proposal as per these regulations.

 

b) Apply for a grant of revised permission under the new regulations, if the project is ongoing and the occupation certificate has not been granted fully. In such cases, charges/premiums etc. paid earlier against the FSI sanctioned/exemptions granted in side margins, allowing Residential/Commercial use on the Industrial Zone as per erstwhile regulations shall be deemed to have been paid against such earlier sanctioned FSI/exemptions/allowance of use. In such cases, the charges/premium under these regulations shall be leviable against the revised permission and the charges/premium paid earlier shall be adjusted against the revised charges/premium under these regulations. Provided that no refund is permissible in any case.

 

c) In case the development is started with due permission before these regulations have come into force, and if the owner/developer, at his option, thereafter seeks further development of plot/layout/buildings as per these regulations, then the provision of these regulations shall apply to the balanced development. The development potential of such an entire plot shall be computed as per these regulations from which the sanctioned FSI of buildings/part of buildings that are proposed to be retained as per the approved plan shall be deducted to arrive at the balanced development potential of such plot and ancillary FSI shall be permissible only on such balance potential. Such balance potential can be distributed on one or more existing, earlier/newly proposed building/s in a group housing scheme.

 

In case of approved layouts in group housing scheme with buildings having heights between 15.0 m. to 24.0 m., and complying with provisions mentioned in Regulation No.1.3(93)(xiv), NOC from Chief Fire Officer shall not be necessary, if the applicant is applying for revised permission under these regulations.

 

d) The existing marginal distances including front margin may be allowed for higher floor/floors subject to step margin as per these regulations. In the case of a building sanctioned under the erstwhile regulations as a non-special one with a height of 16 m. with 3.0 m. setbacks and the construction work is in progress, then while revising the plan under these regulations, for heights up to 16.0 m., the setbacks as per the erstwhile regulations shall be allowed to be continued and for the height above 16.0 m. (instead of 15.0 m.), setback as per H/5 requirement shall be insisted in the form of step-margin.

 

e) For the ongoing buildings for which passages, stairs, lifts, lift rooms etc. are allowed as free of FSI by charging premium, in such cases these free of FSI items are allowed to that extent only and for the remaining balance potential, provisions for free of FSI items of these regulations shall be applicable.

 

f) For the on-going buildings for which balconies are allowed to be enclosed as free of FSI by charging premium, these free of FSI items are allowed to that extent only and for the remaining balance potential balcony shall only be allowed as mentioned in these regulations.

 

g) For the cases where occupation certificate is fully granted, revised permission as per these regulations, may be granted subject to provisions of Real Estate (Regulations and Development) Act, 2016, as may be applicable.

 

Provisions mentioned in (b) to (f) shall be applicable mutatis-mutandis to the proposals to be sanctioned under this provision.


h) If the project proponent applies for occupation with minor amendments in plans approved prior to this UDCPR, then the amendment is permitted as per the erstwhile regulations in terms of internal/locational changes, the amendment to the extent of 5% in the built-up area/dimensions per floor within the permissible FSI as per the regulations may be considered.

 

Note - The State Government may issue guidelines occasionally, if necessary, for smooth implementation and removal of difficulties in transitional proposals.

 

1.5 

 

(i) Megacity Project approved under Regulation No.15.4.3 of Mumbai Metropolitan Regional Plan shall remain valid till completion of the said project as per said regulation.

 

Related Regulations to Rule No. 1 - 

 

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

 

Other Various Regulations of Administration in UDCPR 2020

 

Definitions in Administration in UDCPR 2020

 

Applicability of Regulations in Administration in UDCPR 2020

 

Short Title, Extent & Commencement in UDCPR 2020

 

Special Rules for Nagpur City and Nagpur Metropolitan Region Development Authority 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. 10.3 Nagpur Municipal Corporation 

 

The following regulations shall be applicable.

 

10.3.1  Buildings in Commercial Zone :

 

(a) In Non-congested areas:

 

FSI for buildings outside congested areas in the commercial zone - the basic FSI permissible shall be 2.00 for commercial cum residential use or purely residential use and 2.50 for purely commercial use.

 

(b) In Congested areas:

 

The permissible FSI for commercial use shall be 1.50 for the plots fronting on the road having a width less than 9.0 m. and 2.00 for the plots fronting on the road having a width of 9.0 m. or more.

 

10.3.2  Buildings in the Industrial Zone

 

a) In congested areas, the permissible FSI for industrial use shall be 1.00.


b) In non-congested areas, the permissible FSI for industrial use shall be 2.5.

 

10.3.3 I to R provisions - 

 

Allowing Residential/Commercial uses in the Industrial Zone.


The Regulation No.4.8.1 in these regulations shall be applicable to Nagpur Municipal.

Corporation area with the following modifications.

 

i)  Any open land or lands of closed Industrial unit/ units in the Industrial Zone (Excluding the leased out plots by NIT/NMC) may be permitted to be utilized for all the users permissible in the Residential zone with permissible FSI in the Residential Zone, subject to payment of premium to be paid equal to 15% of the rate of developed land as given in the Annual Statement of Rates published by IGR every year.

 

However, for the Industrial Plots leased out by the Planning Authority, (NIT/NMC) while granting I to R permission on these plots, FSI of 2.5 for purely commercial use and 2.00 for Mix use shall be permissible subject to payment of premium at the rate of 15% for Residential and 20% for Commercial use. Premium charges shall be as per the rate of developed lands as given in the Annual Statement of Rates published by IGR every year.

 

ii)  Provisions of Regulation No.4.8.1(b)(iv) shall not be applicable where the Industrial layout has already been approved, and where in amenity space has already been provided in the approved layout.

 

10.3.4

 

For Plots admeasuring 1000 sq.m. and above (including amalgamated plots) in Residential zones, basic FSI shall be 1.25, in congested and non-congested areas, irrespective of road width. In cases covered in Regulation No.10.3.1 and 10.3.4 maximum building potential on the plot including in-situ FSI shall remain the same, as in Tables 6-A and 6-G. However, the owner shall be at liberty to avail, the difference of potential if any, out of column 4 or/and 5.

 

Rule No. 10.15 Certail Regulations Cease to Operate in Future

 

The Regulation No. 10.3.1, 10.3.2, 10.3.4, shall cease to operate on 1st Jan, 2022 or as decided by the Government from time to time and thereafter provisions of these regulations shall apply.

 

However, in the case of redevelopment projects, the Regulation No.10.1.1 shall continue in effect until 01st Jan, 2026. 

 

Rule No. 10.4 Nagpur Metropolitan Region Development Authority

 

10.4.1 Development along Ring Road:

 

250 m. Residential Zone/Residential Belt proposed along the 60 m. wide Outer Ring Road as a corridor development is sanctioned, subject to payment of premium. The development in this 250 m. corridor is permitted on payment of premium as decided by the Government on the total area of land under development or building permission. Such premium shall be deposited with the concerned Authority.

 

10.4.2  Special Regulations for the Improvement Schemes:

 

The improvement schemes by Public participation which are sanctioned by the Government under the provisions of the Nagpur Improvement Act, 1936, and which come under the jurisdiction of the NMA area shall be valid and continue to be valid for the said purpose under the said Act. The Special Development Control Regulations for these schemes shall be as mentioned below :-

 

Any changes/Modifications/Amendments in the details layout or in the master plan shall be carried out by the Metropolitan Commissioner at his own level. However, the Public Amenity/Public Utility Areas and their percentage as per the original sanction shall not be changed while making Modifications/Amendments to the Schemes.

 

i)  Improvement Scheme - The scheme is prepared under the NIT Act, 1936 for the notified area and is duly approved by the State Government and which is now included in the NMRDA area.

 

ii)  Original Plot - A plot consisting of nearby khasras calculated as a single record in a village that is under the same ownership and has the same tenure status as defined in the respective 7/12 documents of the khasras.

 

iii) Final Plot - The plot that is reconstituted or reshaped from the Original Plot within a draft/sanctioned Improvement Scheme in a manner appropriate for development and given access from the public right of way. The Final Plots are reconstituted as per the relevant regulations/Acts as Final plots for Authorities share and owners share.

 

iv) Owner - An owner is a person who has legal title to land or building. The definition also includes :-

 

a) An agent or trustee who receives the rent on behalf of the owner.

 

b) An agent or trustee who receives the rent of a or is entrusted with or is concerned with any building devoted to religious or charitable purposes.

 

c) A receiver, executor or administrator, or a manager appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of the owner; and

 

d) A mortgage in possession.

 

v) Permissible FSI For Final Plot -

 

i) The Metropolitan Commissioner may allow the owner to develop the final plot in possession of the owner subject to handing over to the Planning Authorities share as an independent plot free of cost as per norms prescribed by the Metropolitan Commissioner.

 

ii)  The owner shall thereafter be entitled to develop his final plot for the uses permissible in the adjoining zone as per the DCPR with full permissible FSI of the entire Plot along with Additional FSI / TDR potential permissible for his Final plot share as per Chapter No.6 of this DCPR .

 

iii)  The Metropolitan Commissioner shall develop the Final Plot in his possession (Authorities Share) for the purpose for which the scheme is sanctioned. This plot shall be entitled to be developed as per potential permissible for Authorities' Final plot share as per Chapter No.6 of this UDCPR.

 

vi) Net Plot area for Computation of FSI - For the purpose of computing FSI/Built-up area, the net area of the plot shall be as defined in these regulations.

 

vii) Special Regulations For Inclusive Housing - The provision regarding inclusive housing in the development proposal shall be not made applicable in the Improvement scheme if the Final Plot in the possession of the Authority is to be designed and developed for the purpose of any affordable housing scheme.

 

viii) Height of Building - The maximum height of the building for all users shall be as per Chapter No.6 of this UDCPR.

 

ix) Amenities Space - If the Amenity space has already been provided in the scheme at the time of approval of scheme/layout, in such cases, the amenity space as required under this UDCPR shall not be insisted.

 

x) Land Use Permissible - All land uses mentioned in this UDCPR shall be permissible in the Improvement Schemes.

 

xi) Development Charges - The Development charges shall be recovered as mentioned in these regulations.

 

xii) Power to Authority - For the smooth implementation of the schemes, the Metropolitan Commissioner with the Approval of the Authority, makes/amends the rule in consistent with the relevant Act and Regulations assigned to it with prior approval of by the Government.

 

xiii) UDCPR - All regulations of UDCPR shall apply except the above special regulations.

 

10.4.3

 

The following regulation shall be applicable only for the reference of Regulation No.25.6 (xxxx) mentioned in the notification of sanctioning the Development Plan of Nagpur Metropolitan Region Development Authority.

 

In the Agriculture zone, Residential use shall be allowed subject to the following conditions -

 

a)  Minimum area of land shall be 15.0 hectares.

 

b)  Land shall front on a minimum of 12.0 m. wide existing road.

 

c)  Permissible FSI/TDR shall be as that of the Residential zone.

 

d)  The offsite infrastructure like road, water supply, and sewerage treatment plant having zero discharge shall be developed by the land owner at his own cost, unless this infrastructure is provided by the Authority.

 

e)  10% of the entire holding area shall be handed over to the Authority free of cost, without any FSI/TDR, and free of all encumbrances for sale by the Authority for residential, commercial, or industrial use depending upon the nature of development. This 10% area shall be over and above recreational open space and amenity space to be provided as per regulation. This 10% area shall front on a minimum of 12.0 m. wide road.

 

f)  Premium on the gross area at the rate of 5% of the land rate in the Annual Statement of Rates of the said land without considering the guidelines therein shall be paid to the Authority.

 

10.4.4

 

The following regulation shall be applicable only for the reference of Regulation No.25.6 (xxxxiii) mentioned in the notification of sanctioning the Development Plan of Nagpur Metropolitan Region Development Authority.

 

Development permission around the periphery of the Gaothan boundary -

 

Development permission around the periphery of the Gaothan boundary shall be allowed as per the Regulation mentioned as below. This regulation shall be applicable only to the Rural center and rural area. (excluding nine urban center areas) Regulation for residential zones and other regulations shall be applicable.

 

The peripheral residential area shown along the Gaothan village is deleted and land thereunder is included in the Agriculture Zone. The development along the periphery of the Gaothan shall be allowed subject to the following :

 

a) In the villages in Rural areas/Rural centers excluding the area under nine urban centers, Residential Development or development allowed in the Residential Zone, may be permitted within the periphery of the Gaothan boundary as per the criteria given below. The regulations in respect of residential zones specified in these UDCPR shall be applicable.

 

Sr. No.Category of Village (Populations as per latest census)Development allowed from the Gaothan boundary category
1Up to 5000750 m.
2Above 50001000 m.

 

Such development may be permitted on payment of a premium of the total area of land. Such premium shall be calculated considering the 15% rate of the said land as prescribed in the Annual Statement of Rates of the year granting such developments. Such premium shall be deposited in the concerned Authority.

 

Provided that, where more than 50% of the area of the Survey Number/Gat Number is covered within the above peripheral distance then the remaining whole of such Survey Number/Gat Number within one ownership shall be considered for development on payment of premium as above.

 

Provided further that, the premium charges shall be recovered at the time of tentative approval of the Development permission. Where tentative development permission is already granted before publication of this Development Plan and final approval is yet to be granted, then in such cases premium charges shall not be recovered at the time of final approval.

 

Provided further that, such payment of premium shall not be applicable in cases where development permission is already granted or layout is already approved by the authority before the publication of the Development Plan. Such premium shall also be not applicable for revision of such already approved permissions.

 

However, such development should not be permitted on lands that deserve preservation or protection from Environmental considerations viz. Hills and Hills tops, and within the required Buffer Zone/Prohibited Zone from rivers, lakes, and reservoirs of minor and major projects of the water resource department.

 

Related Regulations to Rule No. 10

 

Special Rules for Pune City in UDCPR 2020

 

Thane Municipal Corporation Area in UDCPR 2020

 

Nashik Municipal Corporation 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

 

Additional Regulations for Raigad in UDCPR 2020

UDCPR has a Unified rule, which means that instead of having numerous regulations for every city/region in the state, it is better to have a single rule for all cities in Maharashtra.

But due to some geological conditions or some other restrictions the regulations may vary a bit for some regions in Maharastra. 

 

For Example, the Coastal Region, Hilly Region, Densely Populated Region, and Gaothan can't have the same type of rules, and the rules differ according to it.

 

UDCPR 2020 Chapter 5 is all about Additional Provisions for Regional Plan Areas.

 

This is Applicable to all Planning Authorities and Regional Plan Areas except the 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. 5.7 For Raigad Regional Plan

 

5.7.1

 

The development in the Nagothane growth centre shall be governed by the following regulations.

 

The lands that fall within the periphery on the north/south direction of the IPCL project complex have been designated as low-density residential zones in which residential users may be permitted subject to the following conditions -

 

i) Maximum FSI shall be 0.25.
 

ii) Only ground floor structure shall be permissible.

 

5.7.2 

 

The development of wadi lands in the coastal belt, which are marked as such in the Regional Plan, development shall be subject to the following conditions, only along the existing roads.

i) Plot with frontage on the existing road.


ii) Ground + one-floor building within 33 m. from the existing road with permissible setback

from the road.


iii) FSI shall be limited to 0.04 maximum with a maximum built-up area of 150sq.m. 

 

Note - Coastal belt is the area within 1 km. from the sea for the purpose of this Regulation.

 

5.7.3 

 

The development in low-density Zones in Rajpuri and Usar growth centers shall be subject to 0.5 basic FSI.

 

Related Regulations to Rule No. 5 - 

 

You can visit our other blogs related to Regulations 5 through the below-mentioned links:

 

Additional Rules for Regional Plan Area than Basic UDCPR Rules in UDCPR 2020

 

Additional Regulations for Thane, Raigad, Palghar Regional Plan in UDCPR 2020

 

Additional Regulation for Ratnagiri in UDCPR 2020

 

Additional Regulations for Kolhapur in UDCPR 2020

 

Additional Regulations for Satara in UDCPR 2020

 

Additional Regulations for Hingoli, Buldhana, Washim, Yavatmal, Nanded Regional Plan in UDCPR 2020

 

Additional Regulations for Solapur in UDCPR in 2020

 

Additional Regulations for Pune in UDCPR 2020

 

Additional Regulations in Aurangabad in UDCPR 2020

 

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

For the construction of any building, there is a restriction of floor space to be used. It is called the FSI (Floor space Index). Also, we have to provide distance from the plot boundary which is called as marginal distance or setbacks.

 

UDCPR 2020 Chapter 6 is all about Regulations for FSI & Marginal distance.

 

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

 

Rule No. 6.2 Regulations For Outside Congested Area (Non-Congested Area)
 

6.2.1 Marginal Distances and Setbacks for Residential Buildings and Mixed Use with Height up to 15.0 m. or as mentioned in the Table No.6-D.

 

The provisions for minimum marginal distances, as given in Table No.6-D below, shall apply to the Residential buildings, Residential with mixed uses permissible in the Residential Zone, and Residential buildings permissible in other zones.

 

Table No. 6-D

Sr. NoDescription of the roadMin. Plot Size in sq.m.Min. width of the plot in metersMin. setback from the roadside in metersMin. side margins in metersMin. rear marg- ins in metersRemarks
12345678
1Roads of width 30.0 m. and above in local authority area.450156.0 in the case of A, B, and C class Municipal Corporations and 4.50 in the case of other areas.3.03.0Side and Rear Margins for building up to 15.0 m. height (excluding parking floor up to 6 m. height)
2In the case of the Regional Plan area. NH / SH450154.5 or as specified by Highway rules, whichever is more.3.03.0Side and Rear Margins for building up to 15.0 m. height (excluding parking floor up to 6.0 m. height)
3Roads of width 18.0 m. and above but below 30.0 m.250104.52.02.0Side and Rear Margins for building up to 10.0 m. height (excluding parking floor up to 6.0 m. height)
4Roads of width 15.0 m. and above but below 18.0 m200103.01.51.5Margins for buildings
G + 2 or stilt + 3 structure
5Roads of width less than 15.0 m.8063.0

1.5
(in the case of

semi-detached building, only one side marginal distance shall be permissible

1.5Margins for buildings
G + 2 or stilt + 3 structure
6

Row Housing

on roads of

12.0 m. and below

303.52.250.0
(In case of corner plot, 1.50 or building line of adjoining road, whichever is more)
1.5-- do --
7Row Housing for EWS / LIG / by public authority / private individual / Slum Upgradation, etc. by public authority203.00.9 from the pathway or 2.25 from the road boundary0.0
(In case of corner plot, 1.5 or building line of adjoining road, whichever is more)
0.9G + 1 or stilt + 2 structure only

 

Notes :-

 

(1)  The width of the road in the above table shall govern the requirements in columns 3 to 8.

 

(2)  In the case of Sr.No.1 to 6, structures having higher height may be permitted subject to marginal distance mentioned in Regulation No.6.2.3.

 

(3)  The minimum area of plots fronting on service roads along highways shall be with reference to the actual width of the service road.

 

(4)  For semi-detached buildings, the side margin shall be on one side only. Plots for semi-detached buildings shall be in pairs.

 

(5)  Row-housing plots at the junction of two roads shall be larger to maintain the setback from both roads. Not more than 12 and not less than 3 plots shall be allowed in each block of row housing. Each block shall be separated from the other by a 4.5 m. wide road/pathway or 4.5 m. side marginal distance within the plot or space, including side marginal distance of the plot.

 

(6)  No garage shall be permitted in a building having a stilt or basement provided for parking.

 

(7)  Construction of ottas, railings, barricades, or supporting columns for canopy or porch shall not be allowed in minimum front marginal distances. However, steps may be permitted within 1.2 m. from the building line. Also, supporting columns for the canopy or porch may be allowed within the building line.

 

(8)  In the case of Regional Plan areas, ribbon development rules shall not be relaxed without the consent of the Highway Authority.

 

(9)  In the case of special buildings, marginal distances shall be as per regulations for such buildings.

 

(10)  The plot width-to-depth ratio shall be 1 : 1.5 to 1 : 2.5, as far as possible in the plotted layout.

 

(11)  In Public Housing Schemes for E.W.S. undertaken by government or semi-government organizations, marginal distances shall be as per the respective schemes and rules.

 

(12)  The front setback set out in already approved and partially developed layouts/schemes, may be retained as per original approval, to maintain the building line.

 

(13)  The pattern of development, like semi-detached, row housing, etc., in the already approved layout shall be as per said approved layout.

 

(14)  Where commencement certificate is granted prior to publication of draft development plan or sanction of Development Plan and the plot gets affected by new road/road widening, proposed in the development plan, the front margin shall stand relaxed to that extent.

 

(15)  In case of redevelopment proposal affected by line of street up to 9.0 m. width under the Municipal Council or Municipal Corporation Act or development plan road of up to 9.0 m. width, the front margin shall stand relaxed to the extent of land affected by such proposal (1) subject to a minimum setback of 1.0 m. for roads having a width of 12.0 m. or less and 2.0 m. for roads having a width of more than 12.0 m., from the final line of the street.

 

(16)  Subsidiary structures such as garages (limited to one), outhouses, and independent sanitary blocks may be permitted only in plots having an area of 250 sq.m. or more.

 

(17)  Rear or side marginal distances for development along nallah or watercourses shall be subject to Regulation regarding “Sites Not Eligible for Construction of Building” and “Construction Within Flood Line”. (Chapter 3)

 

(18)  The plots which are substandard in area shall be developed as per marginal distances mentioned in the above table with reference to road width.

 

(19)  In case of plots having approach by dead-end road, (point access) front margin shall be limited to the width of point access.

 

(20) Building Line along classified roads, as mentioned in Regulation No.3.1.6, shall be applicable for residential buildings defined in Regulation No.1.3.93(i), and Control Line along classified roads shall be applicable for other uses or for commercial uses as mentioned in Regulation No.3.1.6 or for mixed-use buildings where non-residential uses are proposed at least 50% or more of total proposed built-up area.

 

Rule No. 6.2.2 Other Buildings

 

The Provision in respect of minimum road width, minimum marginal distances, etc., as given in Table No.6-E below, shall apply for different categories of other buildings.

 

Table No. 6. E

Sr. No

No

Type of building

Minimum road width requiredMinimum marginal distancesOther stipulations
12345
1.Medical buildings
 a) Hospital, Maternity Homes, Health Club, Clinics, etc., buildings not being special buildings9.0 m. in case of A, B, C class Municipal Corporation, Metropolitan Authority Area and 7.5 m. in case of other areas.Margins as per Table No.6-D subject to side marginal distance of the minimum 3.0 m.NIL
 b) Hospital, Maternity Homes, Health Clubs, etc. buildings under the category of special building.Road width as required for Special Buildings. (Regulation No.3.3.9)6.0 m. on all sidesHeight of the building is subject to provisions of the the Maharashtra Fire Prevention and Life Safety Measures Act 2006.
2.Educational buildings
 a) Pre-primary SchoolOn any road.Margins as per Table No.6-D

Other requirements shall be as mentioned in the Table No.7-A of Regulation No.7.1.

Height of the building is subject to provisions of the Maharashtra Fire Prevention and Life Safety Measures Act 2006.

 b) Primary School not being a special building.6.0 m.-- do --
 c) Other educational buildings are not special buildings.9.0 m.3.0 m. on all sides
 d) Any building of category a, b, c above being a special building.Road width as required for Special Buildings6.0 m. on all sides
3.Public-Semi Public Building
 a) The Public-Semi Public Building is not The heightThe height,a special building.9.0 m.Margins as per Table No.6-D subject to side marginal distance of a minimum of 3.0 m. 
 b) Public-Semi Public Building being a special buildingRoad width as required for Special Buildings6.0 m. on all sides 
4.Cinema Theatre
 Cinema Theatre / Drama Theatre / Assembly Hall / Multiplex / Shopping Malls12.0 m.Front - 12.0 m. (only on one major road). 6.0 m. on all remaining sides

i) In case of cities having a population more than 2.5 lakhs as per the latest census, redevelopment of existing cinema theatre on plots shall be allowed subject to the condition that at least 1/3rd of the existing seats shall be retained, which shall not be below 150 seats and may be developed in combination with user permissible in R-2 zone.

ii) For the redevelopment of the existing theatre, marginal distances, including the front margin as per these regulations shall not be insisted upon. Redevelopment shall be allowed as per existing setback distances. Parking areas required as per these regulations shall not be insisted on; however, existing parking areas shall be maintained.

iii) In cases where redevelopment of the existing Cinema Theatre is carried out on the same place with a capacity more than the existing capacity in the form of single or multiscreen cinemas, then the owner/developer shall be allowed FSI potential mentioned in columns 6 or 9, as the case may be, of Table No.6-G at the rate of 20% land rate mentioned in Annual Rates of Statement without considering guidelines therein, for the additional capacity.

iv) The existing Cinema Theatre shall be allowed to be relocated and constructed at some other place within a distance of 5 km. In such case, the original site shall be allowed to be developed as per uses permissible in the adjoining zone.

Construction of Cinema Theatre / Multiplex shall conform to the provisions of Maharashtra Cinema (Regulations) Rules, 1966, and as amended from time to time, except the provisions mentioned above.

v) For the redevelopment of a Cinema plot having an area less than 1000 Sq.m., and if redevelopment of existing cinema theatre on such plot is not possible considering the other requirements in these regulations, the condition of providing at least 1/3rdof the existing seats or minimum 150 seats for cinema theatre shall not be insisted. In such cases, users permissible in adjoining predominant zones shall be permissible with special permission of the sanctioning authority.

5. Mangal Karyalaya
 a) Mangal Karyalaya and like buildings not under the category of special buildings.Road width as required for R-2 zone.3.0 m. on all sides. 
 b) Mangal karyalaya and like buildings under the category of special buildings.

12.0 m.

 

6.0 m. on all sides. 
6. Fuel Stations
 Fuel Filling Stations / including Petrol / Ethanol / LPG / CNG etc., Public Charging Stations for Electric Vehicles with or without service bay9.0 m.4.5 m. on all sides

i) In case the plot is located on any Classified road in the Regional Plan area, the distance from the junction of roads as may be specified by the Indian Road Congress/ Ministry of Road, Transport and Highway, shall be followed. (IRC guideline 2009 and MORTH Letter No.RW/NH-33023/19/99-DOIII, Dated 25.09.2003 as amended from time to time)

ii) NOC from the Chief Controller of Explosives shall be necessary.

iii) In a plot of Fuel Filling Station, other buildings or composite buildings for sales offices, snack bars, restaurants, public conveniences, the or like activities may be permitted.

The FSI shall not exceed 0.25 and underground structures along with kiosks shall not be counted towards FSI.

7. Mercantile Buildings.
 a) Mercantile / Business / Hotel / Commercial building under the category of special buildings.Road width as required for Special Building.Front 6.0 m. Side & rear 6.0 m.

i) Shops may also face on side and rear of a plot.

ii) Minimum width and area of the Shop shall be as per the convenience of the owner/developer.

iii) In case of construction of shops/offices only on the ground floor (not being a special building) side and rear marginal distance shall be as per Table No.6-D.

 b) Mercantile / Business / Hotel / Commercial building not under the the category of special buildingsRoad width as required for R-2 zone.Margins as per Table No.6- D subject to side marginal distance of a minimum 3.0 m.
 c) Shopping is convenient in the R-1 zone.On any road.Margins as per Table No.6- D.-
8. Stadium   
 Stadium with Pavilion12.0 m.6.0 m. on all sidesThe covered portion of the spectator’s gallery shall not exceed 25% of the plot area, which shall not be counted towards FSI. Shops below the spectator’s gallery may be permitted which shall not be counted towards FSI. In addition to this, ancillary offices, sports person accommodations, and public convenience-like structures may also be permitted which shall not consume more than 0.10 FSI on the gross plot area.

 

Note :

 

i)  In case of plots fronting on National Highways, State Highways, and Major District Roads in the Regional Plan area, the building line shall be as per Ribbon Development Rules or as given in the accommodations above, whichever is more.

 

ii)  Side and rear marginal distances mentioned in the above Table shall be subject to Regulation No.6.2.3, whichever is more.

 

iii)  In the case of special buildings, marginal distances shall be as per regulations for special buildings.

 

iv)  A stadium should desirably accommodate 400 m. running track.

 

v)  For the above buildings, permissible FSI shall be as per Regulation No. 6.3, unless otherwise

specified above.

 

vi) Point access (approach by dead-end road) to a plot shall be considered for the minimum road

width requirement mentioned in the above table. In such a case, the front margin shall be applicable for

the width of the point access road.


vi) The provisions about Cinema Theatre in column 5 of Table No.6-E shall be applicable to

Cinema Theatres in congested areas also.

 

Rule No. 6.2.3 Marginal distances for buildings of heights more than mentioned in Table No.6-D of Regulation No.6.2.1

 

(a) Front Margin - The front margin shall be as given in Table No.6-D and shall be applicable to a building irrespective of its height.

 

Provided that, in the case of group housing schemes where the building abuts an internal road, the minimum is 3.0 m. set back from the internal road or distance between two buildings, whichever is more, shall be provided. For Development/Regional Plan roads or classified roads or through roads, passing through Group Housing Schemes, the setback as prescribed in these regulations shall be provided.

 

(b) Side or rear marginal distance - Side or rear marginal distance in relation to the height of the building for light and ventilation shall be as below :-

 

The marginal distance on all sides shall be as per Table No.6-D / Table No.6-E for building height or floors mentioned therein. For height, more than stipulated in Table No.6-D / Table No.6-E, the marginal distance on all sides, except the front side of a building, shall be a minimum H / 5 (Where H = Height of the building above ground level).

 

Provided that, such marginal distance shall be subject to a maximum of 12.0 m. from the plot boundary, and the distance between two buildings shall be (1) as per Regulation No.6.2.4.

 

Provided further that, in case of redevelopment of the building which has ceased to exist in consequence of accidental fire / natural collapse/demolition for the reason of the same having been declared dangerous or dilapidated or unsafe by or under a lawful order of the authority or building having an age of more than 30 years, such marginal distance may be allowed upto 6.0 m. for a height of building upto 45 m. For the redevelopment of smaller plots having an area less than 1000 sq.m., one of the side margins/rear margins of 6.0 m may be relaxed subject to Fire NOC in case of bonafide hardship.

 

Provided further that, such marginal distance from recreational open space shall be 3.0 m. in case of non-special buildings and 6.0 m. in case of special buildings, irrespective of its height.

 

Provided further that, the building height for the purposes of this regulation and for calculating the marginal distances shall be exclusive of the height of parking floors up to 6.0 m.

 

Provided further that, where rooms do not derive light and ventilation from the exterior open space, i.e., dead walls, such marginal distance may be reduced (1) to 6.0 m. in the case of a special buildings and 3.0 m. in the case of other buildings.

 

Provided further that the plot/land of the owner falls within the jurisdiction of more than one authority, then continuous building (without leaving a margin on the boundary of the authorities) may be allowed with the consent of the other Authorities.

 

(c) Provision for Step Margin :- Step margins may be allowed to be provided on upper floors to achieve required side or rear marginal distances as mentioned in these regulations subject to a minimum marginal distance of 6.0 m. on ground level in case of special building.

This provision shall also be applicable to congested areas.

 

Rule No. 6.2.4  In the cases of layouts of two or more buildings in a plot for any uses :-

 

Distance between two buildings :- The distance between two buildings shall be the side / rear marginal distance required for the taller building between the two adjoining buildings.

Provided that, the pathway / internal road may be allowed to be proposed in such marginal distance.

 

Rule No. 6.2.5

In the case of a group housing scheme where the building abuts on an internal road, the minimum is 3.0 m. set back from the internal road or distance between two buildings, whichever is more shall be provided. For Development plan road/Regional plan road or classified road or through road, passing through Group Housing Scheme, normal setback as prescribed in the regulations shall be provided.

 

Rule No. 6.2.6  Buildings Abutting Two or More Streets

When a Building abuts two or more streets, the setbacks from the streets shall be such as if the building is fronting on each of such streets.

 

 

Related Regulations to Rule No.6 - 

 

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

 

Regulations for Height of Building in UDCPR 2020?

 

What is the Calculation of FSI Pline and its exemption in UDCPR 2020?

 

What are the Projections allowed in Front and Side Margin as per UDCPR 2020?

 

Industrial Building Regulations of FSI, Marginal Distances and Plot Area in UDCPR 2020

 

Regulations for Permissible FSI in Non Congested Area In Maharashtra in UDCPR 2020

 

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

 

Pradhan Mantri Awas Yojana 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. 14.4 Pradhan Mantri Awas Yojana

 

14.4.1 For Development Plan area

 

i) For developable zone

 

In any developable zone such as Residential/Commercial/Public semi-public/Urbanisable Zone/Urbanisable Zone U - 1, U - 2/Industrial etc., Affordable Housing for the Economically Weaker Sections (EWS) & Low Income Group (LIG), undertaken by Government / any Institutions authorized by the Government or Owner / any Private Developer (hereinafter referred to “the Project Proponent”), shall be permitted, subject to the following conditions -

 

Conditions :-

 

1. These Regulations shall only apply to development undertaken under the Pradhan Mantri Awas Yojana, wherein all the tenements shall be constructed for EWS / LIG with the use of the latest technology, subject to condition no.3 herein below.

 

2. Such Development shall be permitted in the Industrial Zone only after leaving amenity space as per Regulation No.4.8.1. However, no premium shall be charged for allowing residential use in the form of PMAY in the Industrial Zone.

 

3. The permissible FSI for such projects shall be the maximum building potential on the plot mentioned in Regulation No.6.1 or 6.3 subject to a maximum of 2.5 which shall be treated as allowable basic FSI for such project. No premium FSI or TDR shall be required to be loaded for availing this FSI upto 2.5. However, where building potential as per Regulation No.6.1 or 6.3 exceeds 2.5, in such cases permissibility of availing building potential above 2.5 shall be in the form of premium FSI or TDR or both which may be utilized for the permissible uses under this UDCPR.

 

4. Out of the FSI allowed in PMAY, 10% of the basic FSI mentioned in Regulation No.6.1 or 6.3, shall be allowed for commercial use.

 

5. The Municipal Commissioner/Metropolitan Commissioner/Chief Executive Officer/Chief Officer, before granting development permission, shall verify and satisfy himself in respect of the feasibility of providing basic infrastructure facilities like electricity, water supply, sewerage etc. required for the project.

 

6. The project proponent shall plan a proper internal Road network including major linkage up to outside roads, wherever necessary.

 

7. The project proponent shall provide all the basic facilities and utilities and on-site infrastructure, such as a Road, Water Line, Drainage Line, Street Light, Waste Water Recycling Plant, etc., at his own cost to the satisfaction of the Authority. In no case shall the burden of providing infrastructure lie with the Authority.

 

Provided that the project proponent shall lay the water, drainage/sewage lines up to the

nearest existing lines which are laid by the concerned Planning Authority.

 

8. The carpet area of the tenement shall not be more than the carpet area as may be decided by the Government of Maharashtra from time to time in respect of EWS / LIG

Housing.

 

9. Amalgamation of two or more tenements shall not be permissible under any circumstances.

 

10. All other guidelines and norms shall be followed as may be decided by the Government of India or State Government, from time to time in respect of “Pradhan Mantri Awas Yojana”.

 

ii) For No Development Zone / Agricultural Zone / Green Zone - 1

 

All above Regulation No.14.4.1(i) with the following modification shall be applicable forPradhan Mantri Awas Yojana to be permitted in No Development Zone / Agricultural Zone / Green Zone - 1.

 

a)  The minimum width of the approach road shall be 9.0 m.

 

b)  The permissible FSI for such projects shall be 1.0 on gross plot area.

 

14.4.2 For Regional Plan Area

 

The Regulations No.14.4.1 shall be applicable for Pradhan Mantri Awas Yojana to be permitted

in following areas of the Regional Plan, inrespective zones.

 

i) In the Mumbai Metropolitan Regional Plan area

 

a) PMAY shall be permissible in urbanisable zone U - 1, U - 2 / Urbanisable Zone of the entire Mumbai Metropolitan Regional Plan, with FSI and other provisions mentioned in Regulation No.14.4.1(i).

 

b) PMAY shall be permissible in zones, other than urbanisable zone U-1, U-2 / Urbanisable Zone, within distances mentioned in the following table, with FSI and other provisions mentioned in Regulation No.14.4.1(ii).

 

ii) In other Regional Plan Area

PMAY shall be permissible in respective zones, within distances mentioned in the following table with FSI and other provisions mentioned in Regulation No.14.4.1(i) & (ii).

 

Sr.No.Within distance fromOuter peripheral distance from the Boundary of the Urban Local Bodies where PMAY is permissible
1Municipal Corporations2.0 k.m.
2Municipal Councils / Nagarpanchayats1.0 k.m

 

Related Regulations

 

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

 

Integrated Logistic Park (ILP) in UDCPR 2020

 

Industrial Township under Aerospace and Defense Manufacturing Policy in UDCPR 2020

 

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

 

Slum Rehabilitation Scheme for Other Municipal Corporations in UDCPR 2020

 

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

 

Urban Renewal Scheme in UDCPR 2020

 

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

 

Integrated Information Technology Township (IITP) in UDCPR 2020

 

Affordable Housing Scheme in UDCPR 2020

 

Integrated Township Project (ITP) in UDCPR 2020