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Know More about RERA Registration

Under the Real Estate (Regulation and Development) Act, 201, the Parliament of India passed a regulation which made it mandatory for each state to have a Real Estate Regulatory Authority (RERA), which would benefit both buyers and sellers in the real estate sector.
RERA builder registration is essential since it has had a great impact on the real estate sector as liquidity has been tightened. Project costs have increased, and so has the Cost of Capital. Real estate has reached a new level of standardization with the introduction and application of RERA.

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Why registration is mandatory for builders, brokers & agents ? 

RERA was introduced to benefit both buyers and builders alike. As a builder, you must choose RERA project registration taking into consideration the following points:

  • Buyers will not hesitate in investing in your project since you shall be required to deliver the space on time
  • You can only advertise your project after your project is registered under RERA
  • Also you will receive all clearances making your project a suitable choice for buyers
  • You have the feasibility of complaining about any matter related to the project to RERA or the Appellate Tribunal.
  • RERA ensures quick dispute resolution with transparency.
  • The risk of insolvency is reduced since you shall be required to deposit 70% of the total amount of funds collected for the project into a separate bank account. However, this amount can only be withdrawn if the architect, engineer, and CA agrees to it.

Where can I get RERA registration?

Rera Consultancy Services and Rera registration is crucial for anyone involved in the Real Estate Industry. So, when you come to Foot2Feet.com looking for your RERA registration consultant, you shall find a team of professionals ready to work with you. We shall take care of the entire process, right from documentation to finally acquiring the RERA registration certificate.

In addition we will get approve your Rera application within 7 days of the application with our rera consultancy service. We work for RERA registration in pune or rera consultant in Mumbai as well as all major cities in Maharashtra like Nagpur, Aurangabad, Solapur, Nanded, Nasik, Kolhapur or all Talukas in Maharashtra.

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What is Rera registration process?

As a promoter (builder, developer, society, development authority), you shall have to follow the procedure necessary for RERA registration.

  1. Gather all necessary documents with the help of a well-prepared check-list
  2. Open a bank account according to the specifications mentioned in the RERA act under Section 4 (2) (I) (D)
  3. Fill and submit Form A for registration
  4. Fill and submit Form B as a declaration that you are a part of the real estate industry abiding by RERA regulations
  5. Prepare and submit a draft agreement for the sale and allotment of the particular project.
  6. Fee Payment for the state of Maharashtra is minimum of Rs. 10000/- and increase as per plot size.
  7. Every document related to sales shall include your unique RERA registration number
  8. Maintain proper books of accounts and transactions

Documents required for project registration

  • Builder’s PAN card, Aadhar Card & passport size photograph
  • Copy of the legal title report
  • Details of encumbrances
  • Copy of Layout Approval (In case of layout) and Building plan Approval (OD)
  • Signed Proforma of the allotment letter and agreement for sale
  • Declaration in FORM B
  • Certificate of Architect. (Form 1)
  • Certificate of CA(Form 3)
  • Certificate of Engineer (Form 2)
  • Commencement Certificate
  • Partnership deed if partnership firm
  • Self Regulatory Organizations RPM number

Documents required for Real Estate Agent Registration

A) Individual agent Rera Registration documents

  • Copy of the PAN card
  • Aadhaar card Number;
  • Copy of the address proof;
  • Copy of ITR for last 3 Years
  • Basic details of the real estate agent such as name, address, contact details, and photographs

B) Registration for LLP/Partnership Firm/ Company

  • Pan Card of Firm / LLP/ Company
  • Pan Card of All Partners / Directors
  • Partnership Deed Copy
  • Certificate of Incorporation (only for LLP / Company)
  • Address Proof for all Partners / Directors
  • Copy of ITR for last 3 Years
  • Business Address Proof if different from above
  • MOA & AOA of Copy (For Company)

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When Should I Get a RERA registration Number?

Under the act, all residential and commercial properties will have to register under RERA, especially those which:
● Have a land-use of 500 square meters or over
● Have eight apartments or more
If you have an ongoing project that has not yet received a Completion Certificate, then you will need to apply for RERA registration within three months.

What if I do not register under RERA?

RERA registration for builders is mandatory under the act.
According to the regulations given under RERA, Section 59 states that in case a project is not registered then a penalty of up to 10% will be charged based on the estimated cost of the said project. In case the promoter decides not to register in spite of this fine, an additional 10% of the penalty shall be borne by the promoter. This could also come with a three-year imprisonment sentence.
Let’s say you registered under RERA but gave false information about an aspect related to the project, then you shall be charged with a 5% penalty of the estimated cost of the project.

If you wish to avoid such hassles, then consider hiring an expert RERA consultant and get Rera consultancy services in Pune from Foot2Feet.

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Is there any validity for this registration? 

You, as a promoter, shall have the upper hand in deciding the validity of your RERA registration. This could either be until the completion of the project or a period as mentioned in the affidavit.
You will be granted extension under the following circumstances:
● A natural calamity or a situation like the war may hinder the development process
● If you have given a suitable reason that the authority finds acceptable, then a maximum of one-year extension shall be provided

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Definitions in Administration in UDCPR 2020

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

 

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

 

Rule No. 1.3 Definitions

 

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

 

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

 

i)  Maharashtra Regional and Town Planning Act, 1966

 

ii)  Maharashtra Municipal Corporations Act, 1949

 

iii)  Nagpur Improvement Trust Act, 1936

 

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

 

v)  Maharashtra Metropolitan Region Development Authority Act, 2016

 

vi)  Maharashtra Land Revenue Code, 1966

 

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

 

viii)  National Building Code of India, 2016

 

ix)  Maharashtra Housing and Area Development Act, 1976

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

14. Authority means :

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

73. Hazardous Material means -

 

i) Radioactive substances

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

 

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

 

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

 

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

 

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

 

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

 

 

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

i) “Major Water Course” means a river.

 

ii) “Minor Water Course” means a nallah.

 

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

 

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

 

Related Regulations to Rule No. 1 - 

 

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

 

Other Various Regulations of Administration in UDCPR 2020

 

Short Title, Extent & Commencement in UDCPR 2020

 

Applicability of Regulations in Administration in UDCPR 2020

 

Savings in Administration in UDCPR 2020

 

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

 

Bhiwandi Surrounding Notified Area 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. 10.13 Bhiwandi Surrounding Notified Area 

 

10.13.1 Regulations for Affordable Housing Scheme:

 

1. In order to promote the construction of affordable housing stock on private lands, the Planning Authority may permit the implementation of the Affordable Housing Scheme in accordance with the provisions of these Regulations. Affordable Housing Scheme (hereinafter referred to as 'the Scheme') shall be permissible only on the lands situated within the limits of the Bhiwandi Surrounding Notified Area in the Mumbai Metropolitan Region (MMR).

 

2. (i) Affordable Housing Scheme shall be permissible in the Residential Zone/Affordable Housing Zone shown on the Development Plan only and on plots having access from an existing or proposed Development Plan Road having width equal to or in excess of 18.0 m., or an existing road in respect of which Regular Line of Street has been declared under the relevant provisions of Maharashtra Municipal Corporation Act, Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 for a width of 18.0 m. or more, provided permissible FSI on such plots is 0.95 or more and TDR/additional FSI on payment of premium more than 0.6 is allowable. However, in the case of a proposed road, the land under the said proposed road shall be acquired before the approval of building plans for the Affordable Housing Scheme. Affordable Housing Schemes shall not be allowed in areas where FSI is less than 0.95 or where the use of TDR is not permissible.

 

(ii) Minimum plot area for the Affordable Housing Scheme shall be 4000 sq. mt. excluding area under D.P. Roads and D.P. Reservations, if any.

 

(iii) The plot under the Scheme shall be independent, unencumbered, and contiguous.

 

(iv) The Scheme shall not be permissible in congested areas, demarcated as such on the Development Plan.

 

3. The Special Planning Authority for Bhiwandi Surrounding Notified Area shall be competent to grant both location clearance and layout approval/building permission for an Affordable Housing Scheme.

 

4. (i) Maximum permissible FSI (including the base FSI of 1.00) under the Scheme shall be 3.00 on the gross plot area, including mandatory layout recreational open space and Amenity Space. The FSI to be utilized shall be in the proportion of 1:3 for the Affordable Housing Component and the Free Sale Housing Component on 1/4th and 3/4th part of the land respectively. Thus, affordable housing and free sale housing shall be proposed on the same plot of land but in two separate, independently buildable pockets. For lands in Affordable Housing Zones, the owner/developer may be allowed to develop the land as per the Rules of the Affordable Housing Policy with the proviso that the free sale to Affordable Housing FSI ratio will be 1.8:1 instead of 1.66:1 and the maximum FSI will be 2.5. Or

 

The owner/developer may be allowed to develop the land as permissible in the Residential Zone as per prevailing Development Control Regulation subject to the condition that the area of tenements to be constructed with the entire potential of the land, shall be of Affordable Housing Scheme. However, if the provisions of inclusive housing stipulated in UDCPR are applicable to this area then, it shall also be made applicable to such land.

 

(ii) Under the Affordable Housing Scheme, up to 15% of the total built-up area of the Affordable Housing Component may be used for the construction of shops/commercial use as per the direction of the Special Planning Authority for Bhiwandi Surrounding Notified Area and such commercial built-up area shall be handed over to the Special Planning Authority for Bhiwandi Surrounding Notified Area free of cost.

 

5. (i) An Affordable Housing Unit shall be a self-contained dwelling unit of 25 sq. mt, carpet area, However the carpet area of a Housing Unit shall be 160 sq.ft., where the construction under the Rental Housing Scheme has already commenced.

 

(ii) The amenity space for Affordable Housing shall be 10% of the gross plot area under the Scheme and it shall be proportionately provided in the area earmarked for the Affordable Housing Component and the Area kept for the Free Sale Housing Component.

 

Provided that where the Scheme is to be implemented on a plot in an Industrial Zone where the Planning Authority has duly permitted Residential users under the relevant provisions of the Development Control Regulations :-

 

No further area shall be required to be kept as amenity space under Regulation 5(ii) for the Scheme if the area prescribed to be kept as amenity space while permitting residential users in the Industrial zone is equal to or more than 10% of the gross plot area.

 

only the balance area shall be required to be kept as amenity space under Regulation 5(ii) for the Scheme if the area of amenity space prescribed by the Planning Authority, while permitting residential users in the Industrial zone, falls short of 10%.

 

(iii) Notwithstanding anything contained in the relevant provisions of the Development Control Regulations of Amenity Space in general, and also regarding permitting Residential User in Industrial Zone, it shall be obligatory on the Developer/Owner to develop the amenity space for users (hereinafter referred to as prescribed amenity users) such as School, Play Ground, Garden, Health Care Facilities, Multipurpose Hall, Auditorium, etc. with the approval of Chief Executive Officer of Special Planning Authority, as per the specifications prescribed by the said Authority, subject to the condition that at least 50% of such amenity space shall be kept for open users, before seeking Occupancy Certificate for the Free Sale Housing Component of the Scheme, failing which the land under such amenity space shall be handed over free of cost to the Planning Authority and such land shall be developed by the Chief Executive Officer of Special Planning Authority for the aforesaid prescribed amenity users only.

 

No compensation in the form of TDR shall be admissible to the Owner/Developer for

development of such prescribed amenities under this Regulation.


(iv) Irrespective of whether the Owner/Developer develops the prescribed amenity users as

per the provision of Clause (iii) above or fails to do so, the process of handing over the land under such amenity space, along with the developed prescribed amenities, where such prescribed amenities have been developed, shall be completed within one month from the date of application by the Developer / Owner for seeking Occupancy Certificate for the free sale Housing Component of the Scheme and if such handing over process is not completed within the said period, the occupancy Certificate for the free sale Housing Component of the Scheme shall be withheld by the Chief Executive Officer of Special Planning Authority, till such amenity space, along with developed prescribed amenities, where such prescribed amenities have been developed, is handed over to the Planning Authority.

 

(v) Under the Affordable Housing Scheme, there shall be a welfare hall and a Balwadi at the rate of 30 sq.m. for every multiple or part of 200 residential units and an office for Managers/Co-operative Housing Society at the rate of 30 sq.m. per every multiple or part of 500 residential units which shall be treated as a part of Affordable Housing Component and shall not be counted towards the FSI while computing 3.00 FSI on the site and shall be given along with layout / DP roads and shops, free of cost to the Special Planning Authority for Bhiwandi Surrounding Notified Area. These facilities shall be constructed at locations as suggested by the Special Planning Authority for Bhiwandi Surrounding Notified Area and shall be transferred free of cost to it.

 

6. Under the Affordable Housing Scheme, Off-Site Infrastructure Charges at the rate of 5% of the land rate as given in the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration, Maharashtra State, for the year in which Commencement Certificate is issued, subject to a minimum of Rs.2000 per sq.m., shall be paid by the Developer for the built-up area, over and above the normal permissible FSI. This amount shall be paid to the Special Planning Authority for Bhiwandi Surrounding Notified Area. Release of FSI under the Scheme shall be as follows :-

 

7. Release of FSI under the Scheme shall be as follows :-

 

FSI for Affordable Housing Component and the Free Sale Housing Component under the Scheme shall be released in accordance with the following Table :-

 

Sr. No.Stages of Release FSIcompleting

Affordable Housing

Component*

Free Sale Component*
1On Grant of Building Permission / Commencement Certificate up to plinth by 1.1-L- B Special Planning Authority for Bhiwandi Surrounding Notified Area / Planning Authority to the Affordable Housing Project.3.001.00
2On Completion of 50% BUA of Affordable Component-0.75
3On Completion of 100% BUA of Affordable Component-0.75
4On handing over of 25% of the land and completed Affordable Housing Component buildings with an Occupancy Certificate.-0.50
 Total3.003.00

 

Explanation - The FSI of 3.00 is to be calculated on one-fourth of the plot area for the Affordable Housing Component as well as three-fourths of the plot area for the Free-Sale Housing Component.

 

8. The Affordable Housing Component under the Scheme shall be handed over along with the 1/4th part of the total plot of land, free of cost to the Special Planning Authority for Bhiwandi Surrounding Notified Area.

 

9. (i) The affordable Housing stock created under the Scheme shall be allotted by the Special Planning Authority for Bhiwandi Surrounding Notified Area as follows :-

 

PercentageAllotment toCategory of stockRate of Allotment
25Special Planning Authority for Bhiwandi Surrounding Notified Area for use as PAP tenements or Staff Quarters or Transit Accommodation,OwnershipFree of Cost
25Outright sale to Govt. of Maharashtra and its statutory bodies/Govt. undertakings for use as PAP tenements or staff quarters or Transit Accommodation.OwnershipAs per the Construction rate of ASR
50Outright sale as affordable housing by MHADA is subject to the general or specific directions of the Government. An outrightOwnershipFree of Cost to MHADA which shall dispose of the same as per its pricing policy and by draw of lots

 

(ii) The Affordable Housing stock shall be disposed of as per the prevailing policy of MHADA regarding pricing and disposal of its housing stock meant for affordable housing. Each Project approved under the Scheme Shall be brought to the notice of the Government of Maharashtra and its statutory bodies/Government undertakings by means of Press Advertisement. If the Government of Maharashtra or any of its statutory bodies/Government Undertakings doesn't place a firm requirement for the housing stock earmarked for them in the Scheme before the Completion Certificate/Occupation Certificate for the said Scheme is issued, the same shall come to the share of MHADA for outright sale as per the Prevailing Policy of the MHADA.

 

10. (i) The other aspects of the Development of Affordable Housing Scheme, not specifically dealt with hereinabove, shall be as per the relevant provisions of the Development Control Regulations of the respective Planning Authority.

 

(ii) It shall also be permissible for the Developer/Owner to utilize the FSI available for Free Sale Housing Component, fully/partly for any other user otherwise permissible as per the Development Plan and Development Control Regulations.

 

(iii) In case, owing to genuine hardship and site conditions, relaxation in marginal open spaces is sought by the Developer/Owner, the Chief Executive Officer of the Special Planning Authority may consider such request, using his discretionary powers under the Development Control Regulations, subject to the condition that in no case shall the clear marginal open space reduced below 6.0 m. No premium shall be charged for granting such relaxation in marginal open space in respect of the Affordable Housing Component of the Scheme.

 

11. No project under the Rental Housing Scheme envisaged under the said directives issued by the Government vide orders dated 6th August, 2008, 25th August, 2009, 4th November, 2008 and August 2008 shall be permitted after the date on which the Notice No.TPS-1212/ 79/CR-60/12/ UD-12, Dated 30th November, 2013 regarding this Regulation Under section 37(1AA) of the Maharashtra Regional and Town Planning Act, 1066 was published in the official (hereinafter referred to as 'the cut cat date')

 

Provided that the Rental Housing Projects in respect of which Location Clearance had been granted by MMRDA, but Commencement Certificate has not been issued by the concerned planning Authority, shall be allowed to continue, as such, in case such project proposals are resubmitted to MMRDA within a period of 31 days from the date of this Notification in the Official Gazette. All such project proposals received by MMRDA within the prescribed time limit shall be scrutinized by MMRDA on merit and to be submitted for the prior approval of the State Government for their continuance under the Rental Housing Scheme.

 

Provided further that the Rental Housing Projects already approved may be allowed to be converted into Affordable Housing Projects under the provisions of this Regulation, with prior approval of the State Government.

 

Related Regulations to Rule No. 10

 

Special Rules for Pune City in UDCPR 2020

 

Thane Municipal Corporation Area in UDCPR 2020

 

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

 

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

 

CIDCO Area Excluding Naina Area in UDCPR 2020

 

Uses Permissible in Various Zones 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 some of the additional uses permissible in the Development Plan Reservations 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.

 

UDCPR 2020 Chapter 4  is all about Land Use Classification and Permissible Uses.

 

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. 4.5 LOW-DENSITY RESIDENTIAL ZONE

 

In this zone, all uses permissible in the Residential Zone shall be permitted subject to FSI restrictions mentioned in these regulations. (Chapter 10)

 

Rule No. 4.6 FUTURE URBANIZABLE ZONE

 

In this zone, all uses permissible in the Residential Zone shall be permitted subject to fulfillment of the following requirements.

 

i)  For extending offsite infrastructure like roads, water supply, sewage line, and electricity, to the land, the expenses shall be borne by the owner and shall be deposited with the Authority as per the expenses communicated by it. However, the owner shall have the liberty to construct such infrastructure at his own cost, as per the drawing, design, and specification approved by the Authority.

 

ii)  If the land is located on a Development Plan road of width more than 18.0 m., then the construction of a road of width 18.0 m. to his land, shall be the liability of the owner, else 12.0 m. wide road with asphalting shall be necessary.

 

Rule No. 4.9 Loom Industry cum Residential Zone

 

The following uses shall be permissible :-

 

i)  Uses permissible in R - 1, R - 2 Zone according to road width.

 

ii)  Power loom.

 

iii)  Power looms cum residential to any extent.

 

User (i) above shall be as per conditions of R - 1 and R - 2 zone. However, (ii) and (iii) shall be permissible with the following conditions.

 

a)  Power loom use shall be restricted up to a maximum permissible floor area of 250 sq.m. with a maximum of 20 H.P. and 20 laborers.

 

b)  Total FSI permissible shall be as that of a residential zone.

 

c)  Adequate safety measures shall be taken to reduce noise and air pollution etc. by providing a vibration absorbing platform and dust settler.

 

d)  Working hours for looms shall be 8 am to 8 pm.

 

Rule No. 4.13 TRAFFIC AND TRANSPORTATION ZONE

i) All uses / activities related to surface, water, and air traffic and transportation including Parking, and ancillary uses shall be permissible.

 

ii) Separable lands of Railways shall be allowed to be developed for uses permissible in the Commercial Zone.

 

Rule No. 4.14 REGIONAL PARK ZONE

The following uses shall be permissible :-

 

i)  All uses permissible in Green Belt Zone, Hill Top Hill Slope Zone and Afforestation Zone.

 

ii)  Uses at Regulation No.4.11 (iv, v, vi, viii, ix, x, xiii, xix, xx, xxii, xxv, xxviii, xxix, xxxvi, xxxix, xxxxii) permissible in Agriculture Zone.

 

iii)  Uses at Regulation No.4.11 (xv, xxxiii, xxxiv) permissible in Agriculture Zone with maximum FSI of 0.20 without premium and additional 0.30 i.e. up to 0.50 with payment of premium @ 20% of the land rate in ASR.

 

iv)  Gaothan expansion as specified in Regulation No.5.1.1 subject to 200 m. from the gaothan limit.

 

Rule No. 4.15 TOURISM DEVELOPMENT ZONE

The following uses shall be permissible :-

 

i) All uses permissible in the Agricultural Zone (except uses at Sr.No.xviii and xxxi of Regulation No.4.11).

 

ii) Gaothan expansion as specified in Regulation No.5.1.1.
 

Rule No. 4.16 AFFORESTATION ZONE

The following uses shall be permissible :-

 

i)  All uses are permissible in the Hill Top and Hill Slope Zone.

 

ii)  Forest houses, meant for forest tourists/servants/technicians/owners and for storing of fertilize, etc., may be permitted subject to the following :-

 

It shall have a built-up area not exceeding 150 sq.m., provided that, the forest plot area is not less than 0.4 hectares. Structures to be erected for these purposes should be of ground + 1 floor only and should not have a height more than 7.0 m. and should be of such material as would blend with the surroundings. The owner shall plant trees at the rate of 250 trees per hectare and shall maintain it properly.

 

Provided that, the layout of the forest houses may be permitted for areas more than 0.4 hectares.

 

iii) Uses mentioned in Regulation No.4.11 (iv, v, vi, xiii, xxviii, xxix) permissible in the Agriculture Zone.

 

iv) Uses mentioned in Regulation No.4.11 (2) (xv, xvi, xxxiii, xxxiv) permissible in Agriculture Zone with FSI of (1) 0.2, 0.2, 0.1, 0.15 respectively.

 

v) Development permissible adjacent to Gaothan as specified in Regulation No.5.1.1 subject to a maximum 200 m. periphery from gaothan limit.

 

vi) The above uses shall not be permitted on a hill slope steeper than 1:5, and such area shall not be considered for FSI.

 

Rule No. 4.17 HILL TOP - HILL SLOPE ZONE/HILLY AREA 

Kept in abeyance.

 

Rule No. 4.18 GREEN ZONE - 2

The following users shall be permissible in this zone.

 

i)  All uses are permissible in the Hill Top - Hill Slope Zone.

 

ii)  Gaothan expansion as specified in Regulation 5.1.1.

 

iii)  Primary and Nursery Schools, including student hostels.

 

iv)  Uses at Regulation No.4.11 (vi, ix, xiii, xx, xxii, xxv, xxviii) with maximum FSI of 0.20.

 

Rule No. 4.19 FOREST ZONE

The developments as may be required by the Ministry of Forest or its Authorities shall only be permissible on the lands owned and possessed by the Ministry / Department of Forest or its Authorities.

 

Rule No. 4.20 DEFENCE ZONE

i) The developments as may be required by the Ministry of Defence or its Authorities shall

only be permissible on the lands owned and possessed by the Ministry of Defence or its

Authorities.

 

ii) Restrictive Zone –

 

No development in contravention with the notification shall be permissible in the area affected by the notification under the Works of Defence Act - 1903, whether earmarked as such on the Development Plan/Regional Plan or not, or development shall be permissible with the No Objection Certificate from the concerned Defence Authority.

 

Provided that, it shall be permissible to treat the area under such restrictive zone as the marginal distance at the time of construction of any building proposed on the contiguous unaffected area.

 

Provided further that, it shall be permissible to utilize the FSI and also the receiving potential of the land under this zone, on the remaining contiguous unaffected land of the same land owner.

 

Rule No. 4.21 MINES AND QUARRY ZONE

In this zone, quarry, mining, stone crushing, or similar operations shall be permissible subject to provisions of Regulation No.15.1. In addition to this, the following uses shall be permissible.

 

Stone quarrying, soil excavation, stone crushing or other similar activities, mining activity, bricks kilns, caretaker's quarters or residential quarters for essential staff up to maximum built-up area of 20 sq.m. ancillary buildings like site offices, cafeteria with full built-up area up to 250 sq.m.

 

The existing uses within these zones, such as brick kilns, fly ash bricks, cremation ground, etc., shall be continued for the respective purposes. The mining and quarry operation shall not be permitted within the restrictive area as per their prevailing regulations. The development after the closing of existing mining areas/quarries shall be as per the closing policies of the respective department. However, the private lands that are included in the Mines and Quarry Zone shall deem to be included in the adjacent zone, and the Authority shall grant development permission accordingly.

 

Rule No. 4.22 PUBLIC UTILITY ZONE

The following users shall be permissible in this zone.

 

The water treatment plant, water reservoirs, pumping station, water storage tank, sewage / influent treatment plant, wastewater recycling plant, electric substation, cemeteries, burial ground, and cremation grounds, slaughter house, solid waste landfill/management site, fire station, post, telegram and communication office, telephone exchange, cattle pond, dairy farm, public urinals including all public utilities.

 

Rule No. 4.23 WOODLAND CORRIDOR

Following uses shall be permissible in this zone.

 

i) Garden, Nurseries, Horticulture, and Arboriculture.

 

Rule No. 4.24  SPECIAL ECONOMIC ZONE

Following uses shall be permissible in this zone.

 

i) Residential, Educational, Institutional, Assembly, Business, Mercantile, Industrial, Storage, Information Technology, Recreational.

 

ii) Any other land use as may be made permissible by the Government of India within SEZ.

 

Rule No. 4.25 AIRPORT AND ALLIED ACTIVITIES / SERVICE ZONE 

The following uses shall be permissible in this zone.


i) Airport and allied activities and services incidental thereto.
 

Rule No. 4.26 ADDITIONAL USES

The lists of uses mentioned under various land use zones herein above may be amended by the Authority from time to time with the consent of the Director of Town Planning, Maharashtra State, Pune.

 

 

Related Regulations to Rule No. 4- 

 

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

 

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

 

Uses Permissible in Commercial 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

 

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

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

 

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


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

 

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

 

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

 

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

 

Rule No. 3.1 Requirements of Site

 

Rule No. 3.1.1 Site Not Eligible for Construction of Building

 

No piece of land shall be used as a site for the construction of the building,

 

i)  If the Authority considers that the site is insanitary, incapable of being well-drained, or is dangerous to construct a building on it;

 

ii)  If the entire site is within a distance of 6.0 m. from the edge of the watermark of a minor watercourse (like nallah, canal) and 15.0 m. from the edge of the watermark of a major watercourse (like the river) shown on Development Plan/Regional Plan or village/city survey map or otherwise;

 

Provided that where a minor watercourse passes through a low-lying land without any well-defined banks, the owner of the property may be permitted by the Authority to canalize the watercourse within the same land without changing the overall alignment and the position of the inlet and outlet of the watercourse according to cross-section as determined by the Authority. In such case, marginal open space shall be stipulated under these regulations and shall be measured from the edge of the trained nallah;

 

iii)  If the site is hilly and has a gradient of more than 1:5;

 

iv)  If the site is not drained properly or is incapable of being well drained;

 

v)  If the owner of the building has not proposed appropriate measures required to safeguard the construction from constantly getting damp to the satisfaction of the Authority;

 

vi)  In case the building is proposed on any area filled up with carcasses, excreta, filth, and offensive matter, then a certificate from the Authority to the effect that it is safe from the health and sanitary point of view, to be built upon, is required;

 

vii)  If the use of the site is for the purpose, which in the opinion of the Authority will be a source of annoyance to the health and comfort of the inhabitants of the neighborhood;

 

viii)  If the proposed occupancy of the building on the site does not conform to the land use proposals in the development plans/Regional Plan or Zoning Regulations;

 

ix)  If the level of the site is less than the prescribed datum level depending on topography and drainage aspects;

 

x)  If it doesn’t derive access from an authorized street/means of access of adequate width as described in these Regulations;

 

xi)  If it is within the river and blue flood line of the river (prohibitive zone), unless otherwise specified in these regulations;

 

xii)  If the site is within the boundary of the Coastal Regulation Zone where CRZ Regulation does not allow development;

 

xiii)  If the site is not developable by virtue of restrictions imposed under any law or guidelines of any Government Department;

 

xiv)  If the entire site is within a distance of 50.0 m. from the mean high flood level of a wetland. The mean shall be calculated as per the provisions of Wetlands (Conservation and Management) Rules, 2017.

 

Rule No. 3.1.2  Distance of Site from Electric Lines

 

No structure, including verandah or balcony, shall be allowed to be erected or re-erected, or any additions or alterations made to a building on a site within the distance quoted in Table No.3 below in accordance with the prevailing Indian Electricity Rules and its amendments from time to time between the building and any overhead electric supply line.

 

Table No. 3 - Distance of site from Electric Lines

Electric LinesVertical (Meters)Horizontal (Meters)
Low and Medium-voltage Lines2.501.20
High voltage lines up to and including 33000 V.3.702.00
Extra High voltage lines beyond 33,000 V3.702.00
Note - The minimum clearance specified above shall be measured from maximum sag for vertical clearance and from maximum deflection due to wind pressure for horizontal clearance.

 

Rule No. 3.1.3  Construction within Blue and Red Flood Line

 

i) Where Blue and Red flood lines are marked on the Development Plan/Regional Plan or received from the Irrigation Department.

 

a) The Red Flood Line and Blue Flood Line shall be considered as per the plan prepared by the Irrigation Department. The area between the river bank and the blue flood line (Flood line near the river bank) shall be a prohibited zone for any construction except parking, open vegetable market, garden, lawns, open space, cremation and the burial ground, sewage treatment plant, water/gas /drainage pipelines, public toilet or like uses, provided the land is feasible for such utilization.

 

Provided that, redevelopment of the existing authorized properties, within the river bank and blue flood line, may be permitted at a plinth height of 0.45 m, above the red flood line level.

 

b) The area between the blue flood line and the red flood line shall be a restrictive zone for the purposes of construction. The construction within this area may be permitted at a height of 0.45 m, above the red flood line level.

 

c) If the area between the river bank and the blue flood line forms part of the entire plot in the Development Zone, then, FSI of such part of the land may be allowed to be utilized on the remaining land.

d) The red and blue flood line, if shown on the Development/Regional Plan/Planning Proposal, shall stand modified as and when it is modified by the Irrigation Department.

 

ii) Where the Blue and Red flood line is not marked on the Development Plan/Regional Plan or not received from the Irrigation Department.

 

Where the Blue and Red flood line is not marked on the Development Plan/Regional Plan or not received from the Irrigation Department, the tentative Blue line shall be earmarked taking into consideration the maximum observed flood level records available locally and also interacting with the residents in the area. The plan showing such a tentative Blue line shall be got approved by the Chief Engineer, Irrigation Department. The distance of 50.0 m. on the landward side from this tentative Blue line shall be treated as a No Construction Zone.

 

In such cases, provisions of Regulation No.3.1.3(i)(a,b,c,d) shall be applicable to that extent.

Till such a tentative Blue line is prepared and marked on the plan, the development permission shall be governed by the provisions of Regulation No.3.1.1(ii) (mentioned above).

 

Rule No. 3.1.4  Development within 30.0 m. Distance from Railway Boundary

 

For any construction within 30.0 m. from the railway boundary, a No Objection Certificate from the Railway Authority shall be necessary.

 

Rule No. 3.1.5  Environmental Clearance

 

An environmental clearance certificate shall be submitted for the project as may be prescribed by the Ministry of Environment from time to time.

 

Rule No. 3.1.6 Development along Highways/Classified Roads

 

The development along the highways shall be subject to the provisions of the State Highways Act, 1965 and National Highway Act, 1956, and orders issued by the Public Works Department, directives issued by the Urban Development Department vide Resolution No.TPS-1819/UOR-36/19/UD-13, dated 5.8.2019, in this regard, from time to time. (1) All the classified roads passing through the (1) ULBs, i.e., Municipal Corporations / Municipal Councils/Nagar Panchayats, shall be treated as city roads.

 

A service road specified in Regulation 3.3.8 shall be provided along State and National Highways on both sides. Where service road of 12.0 m. width is already provided in adjoining land, such service road of the same width may be continued in the development permission. Such service roads may not be insisted on if there is no continuity from junction to junction due to existing authorized development/construction.

 

Rule No. 3.1.7  Development within a certain distance from the Prison Premises

 

The development within 150 m., 100 m., 50 m. from the perimeter wall of Central Prison, District Prison, and any Sub Prison, respectively, shall be regulated and may be permitted with the prior consent of the committee constituted in this regard by the Home Department. This provision shall be subject to the orders issued by the Government from time to time.

 

Rule No. 3.1.8  Distances from Landfill Sites

 

For any residential development, segregating distance from the landfill site shall be observed as specified under Solid Waste Management Rules in force from time to time or as specified by competent authority.

 

Rule No. 3.1.9  Restrictions in the vicinity of Airport

 

For structures, installations, or buildings, including installations in the vicinity of airports,

i)  The height shall be restricted to permissible top elevation as mentioned on Colour Coded Zoning Maps (CCZM) prepared by the Airport Authority of India (AAI) and published on its website.

 

ii)  For any additional height beyond that mentioned in i) above, prior NOC from AAI shall be submitted.

 

iii) A prior NOC from AAI shall be submitted for the areas depicted in red on CCZM.

 

Note -

 

a)  The height permitted by CCZM is indicated Above the Mean Sea Level, i.e., AMSL.

 

b)  Building height permitted, i.e., Above Ground level (AGL), shall be calculated as CCZM height minus the site elevation of the plot.

 

Height of building (AGL) = CCZM height - site elevation.

 

c)  In the absence of aforesaid map, a no objection certificate of the Airport Authority of India shall be required.

 

Explanation

 

i)  Irrespective of their distance from the airport, even beyond the 20 km. Limit from the aerodrome reference point, no building, radio masts, or similar installation exceeding 150 m. in height shall be erected without prior permission of the Civil Aviation Authorities.

 

ii)  The location of a slaughterhouse/abattoir/butcher house or other areas for activities like depositing of garbage, which may encourage the collection of high-flying birds, like eagles and hawks, shall not be permitted within 10 km. from the aerodrome reference point.

 

Rule No. 3.1.10  Restrictions in the Vicinity of Ancient Monuments

 

1)  The Restrictions for Development in the vicinity of the protected monuments of national importance as prescribed under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, shall be observed.

 

2)  The Restrictions for Development in the vicinity of the protected monuments of state importance as prescribed under the Ancient Monuments and Archaeological Sites and Remains Act, 1960, shall be observed.

 

Rule No. 3.1.11  Restriction under the Works of Defence Act, 1903

 

The restrictions imposed under the Work of Defense Act, 1903 shall be applicable, and no development in contravention with the notification shall be permissible.

 

Whether the area affected by the notification under the Works of Defense Act - 1903, is earmarked in the Development Plan/Regional Plan or not, it shall be permissible to treat the area under such restrictive zone as marginal distance at the time of construction of any building proposed on contiguous unaffected area.

 

Provided that, it shall be permissible to utilize the FSI and also the receiving potential of the land under this zone, as otherwise permissible, on the remaining contiguous unaffected land of the same land owner.

 

Rule No. 3.1.12  Distance from Natural Lake and Dam.

 

In the Regional Plan area, no construction shall be allowed within 100 m. of the high flood line of the natural lake.

 

In the Development Plan area, development around the natural lake shall be governed by the provisions made in such plan. In the absence of the provisions in such a plan, the distance specified by the Irrigation Department shall be followed.

 

The regulation regarding clear distances from the High flood line while carrying out any development of any land around the dam and foothill areas as notified and the norms regarding distance as prescribed in Government of Maharashtra, Water Resources Department Marathi Circular No. dt.08/03/2018 and amendments therein, from

time to time, will be applicable henceforth, subject to the following condition.

 

Condition : The concerned land owners/users are prohibited from discharging any garbage/water sewage/waste generated from its premises in the reservoir. It will be compulsory and binding on the land owner/user to make necessary arrangements within the premises for water and sewage disposal management and maintain the zero discharge condition at his own cost.

 

Rule No. 3.1.13 Authorities to Supply Complete Information about Restrictions to the Authority

 

The concerned authority putting restrictions as per their respective legislations/regulations/rules as mentioned above shall make available to the Authority full details of restrictions (including graded restrictions, if any) along with the relevant map detailing restrictions. In the interest of increasing ease of doing business, no individual applicant should be required to approach the concerned departments for NOC. However it is the duty of the applicant to ensure that restrictions informed by the above said authorities are followed scrupulously. The Authority shall make a reference to this effect to the concerned authorities and ensure compliance with the restriction informed by them while sanctioning the development permission.

 

Such information shall be published by the Authority on its notice board/ website and also update it as and when it is updated by the concerned department.

 

Related Regulations to Rule No. 3 - 

 

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

 

Recreational Open Spaces in UDCPR 2020

 

Provision for Amenity Space in UDCPR 2020

 

Minimum Plot Area for Various Uses in UDCPR 2020

 

Provision for Inclusive Housing in UDCPR 2020

 

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

 

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