UDCPR 2020 Chapter 13 is all about the Special Provisions for Certain Buildings 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. 13.0 General

Special provisions shall be made with respect to certain buildings, as given below. However, this provision shall stand superseded if new directions are issued by the Government.

Rule No. 13.1 Provisions for Barrier-Free Access

Provisions for barrier-free access in buildings for differently-abled persons shall be as given

below.

13.1.1 Definitions

i) Non-ambulatory Disabilities :- Impairments that, regardless of cause or manifestation, for all practical purposes, confine individuals to wheelchairs.

ii) Semi-ambulatory Disabilities :- Impairments that cause individuals to walk with difficulty or insecurity, individuals using braces or crutches, amputees, arthritics, spastics, and those with pulmonary and cardiac ills may be semi-ambulatory.

iii) Hearing Disabilities :- Deafness or hearing handicaps that might make an individual insecure in public areas because he is unable to communicate or hear warning signals.

iv) Sight Disabilities :- Total blindness or impairments, which affect sight to the extent that the individual, functioning in public areas, is insecure or exposed to danger.

v) Wheel Chair :- Chair used by disabled people for mobility. The standard size of the wheelchair shall be taken as 1050 mm. x 750 mm.

13.1.2  Scope

These regulations are applicable to all buildings and facilities used by the public such as educational, institutional, assembly, commercial, business, and mercantile buildings constructed on plots having an area of more than 2000 sq.m. It does not apply to private and public residences.

13.1.3  Site development

The level of the roads, access paths, and parking areas shall be described in the plan, along with the specifications for the materials.

1. Access Path/Walkway: The access path from plot entry and surface parking to the building entrance shall be a minimum of 1800 mm. wide having an even surface without any steps. Slope, if any, shall not have a gradient greater than 5%. Selection of floor material shall be made suitably to attract or to guide visually impaired persons (limited to coloured floor material whose colour and brightness is conspicuously different from that of the surrounding floor material or the material that emits different sounds to guide visually impaired persons; hereinafter referred to as “guiding floor material”. Finishes shall have a non-slip surface with a texture traversable by a wheel chair. Curbs wherever provided should blend to a common level.

2. Parking :- For parking of vehicles of handicapped people, the following provisions shall be made :-

a) Surface parking for two car spaces shall be provided near the entrance for physically handicapped persons with a maximum travel distance of 30.0 m. from the building entrance.

b) The width of parking bay shall be minimum 3.6 meter.

c) The information stating that the space is reserved for wheelchair users shall be conspicuously displayed.

d) Guiding floor materials shall be provided or a device, which guides visually impaired persons with audible signals, or other devices, which serves the same purpose, shall be provided.

13.1.4 Building Requirements

The specified facilities for the buildings for differently-abled persons shall be as follows :-

i)  Approach to plinth level

ii)  Corridor connecting the entrance/exit for the differently abled.

iii)  Stair-ways

iv)  Lift

v)  Toilet

vi)  Drinking Water.

i) Approach to plinth level : Every building should have at least one entrance accessible to the differently abled, which shall be indicated by proper signage. This entrance shall be approached through a ramp together with the stepped entry.

ii) Ramped Approach: The ramp shall be finished with non-slip material to enter the building. The minimum width of the ramp shall be 1800mm. with a maximum gradient of 1: 12. The length of the ramp shall not exceed 9.0 m. It shall have an 800 mm. high handrail on both sides extending 300 mm beyond the top and bottom of the ramp. The minimum gap from the adjacent wall to the hand rail shall be 50 mm.

iii) Stepped Approach :- For the stepped approach, the size of the tread shall not be less than 300 mm. and the maximum riser shall be 150 mm. Provision of 800 mm. high hand rail on both sides of the stepped approach similar to the ramped approach.

iv) Exit/Entrance Door :- Minimum & clear opening of the entrance door shall be 900 mm. and it shall not be provided with a step that obstructs the passage of a wheel chair user. Threshold shall not be raised more than 12 mm.

v) Entrance Landing :- Entrance landing shall be provided adjacent to the ramp with a minimum dimension of 1800 mm. x 2000 mm. The entrance landing that adjoins the top end of a slope shall be provided with floor materials to attract the attention of visually impaired persons (limited to coloured floor material whose colour and brightness are conspicuously different from that of the surrounding floor material or the material that emits different sound to guide visually impaired persons hereinafter referred to as “guiding floor material”). Finishes shall have a non-slip surface with a texture traversable by a wheelchair. Curbs, wherever provided, should blend to a common level.

vi) Corridor connecting the entrance/exit for the differently abled :- The corridor connecting the entrance/exit for the differently abled, leading directly outdoors to a place where information concerning the overall use of the specified building can be provided to visually impaired persons either by a person or by signs, shall be provided as follows :-

a)  Guiding floor materials or devices that emit sound to guide visually impaired persons shall be provided.

b)  The minimum width shall be 1500 mm.

c) In case there is a difference of level, slope ways shall be provided with a slope of 1 : 12.

d) Handrails shall be provided for ramps/slope ways.

vii) Stair-ways - One of the stair-ways - near the entrance/exit for the differently abled shall have the following provisions :-

a)  The minimum width shall be 1350 mm.

b) The height of the riser shall not be more than 150 mm. and the width of the tread 300 mm. The steps shall not have abrupt (square) nosing.

c)  Maximum number of risers on a flight shall be limited to 12.

d) Handrails shall be provided on both sides and shall extend 300 mm. on the top and bottom of each flight of steps.

viii) Lifts - Wherever a lift is required as per regulations, provision of at least one lift shall be made for the wheelchair user with the following cage dimensions of lift recommended for a passenger lift of 13 person capacity of Bureau of Indian Standards.

a)  A handrail not less than 600 mm. long at 1000 mm. above floor level shall be fixed adjacent to the control panel.

b)  The lift lobby shall be of an inside measurement of 1800 mm. x 1800 mm. or more.

c)  The time of an automatically closing door should be a minimum of 5 seconds and the closing speed should not exceed 0.25 m./sec.

d)  The interior of the cage shall be provided with a device that audibly indicates the floor, the cage has reached indicates that the door of the cage of entrance/exit is either open or closed.

ix) Toilets :- One special W.C. in a set of toilets shall be provided for the use of differently abled with the essential provision of washbasin near the entrance for the handicapped.

a) The minimum size shall be 1500 mm. x 1750 mm.

b) Minimum clear opening of the door shall be 900 mm. and the door shall swing out.

c) A suitable arrangement of vertical/horizontal handrails with 50 mm. clearance from the wall shall be made in the toilet.

d)  The W.C. seat shall be 500 mm. from the floor.

x) Drinking Water :- Suitable provision of drinking water shall be made for the differently abled near the special toilet provided for them.

xi) Designing for Children :- In the buildings meant for the pre-dominant use of the children, it will be necessary to suitably alter the height of the handrail and other fittings & fixtures, etc.

Explanatory notes :-

1) Guiding / Warning Floor Material :

The floor material to guide or to warn the visually impaired persons with a change of colour or material with conspicuously different texture and easily distinguishable from the rest of the surrounding floor materials is called guiding or warning floor material. The material with different textures gives audible signals with sensory warnings when a person moves on this surface with a walking stick. The guiding/warning floor material is meant to give a directional effect or warn a person at critical places. This flooring material shall be provided in the following areas :-

a) The access path to the building and to the parking area.

b) The landing lobby towards the information board, reception, lifts, staircases and toilets.

c)  Immediately at the beginning/end of the walkway where there is a vehicular traffic.

d) At the location abruptly changing in level or beginning/end of a ramp.

e) Immediately in front of an entrance/exit and the landing.

2) Proper signage :-

Appropriate identification of specific facilities within a building for the differently abled persons should be done with proper signals. Visually impaired persons make use of other senses such as hearing and touch to compensate for the lack of vision, whereas visual signals benefit those with hearing disabilities.

Signs should be designed and located so that they are easily legible by using suitable letter sizes (not less than 20 mm. high). For visually impaired persons, an information board in brail should be installed on the wall at a suitable height and it should be possible to approach them closely. To ensure safe walking, there should not be any protruding sign which creates obstruction in walking. Public Address System may also be provided in busy public areas.

The symbols/information should be in contrasting colours and properly illuminated because people with limited vision may be able to differentiate between primary colours. International Symbol Mark for wheel chair be installed in a lift, toilet, staircase, parking areas, etc., that have been provided for the differently abled.

Any city in India is divided into various land use zones: Residential, Commercial, Agricultural, Industrial, etc. So, there is a restriction on the use of land under any zone. For example, You cannot build a Commercial building in an Agricultural Zone, or You cannot build hazardous or high-end Industries in a Residential Zone.

So here are the uses permissible in the Green Belt Zone/River Protection Belt as per UDCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

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

Rule No. 4.12 Green Belt Zone/River Protection Belt

4.12.1 The following uses shall be permissible

i) Agriculture

ii) Tree Plantation, Gardens, Public park, Landscaping, Recreational Open Space, Forestry and Nursery, etc.

iii) River front development by the Authority or any institution authorized on behalf of the Authority. 

iv) Development of pedestrian pathways, Jogging tracks, Cycle tracks, Boat clubs, etc.

v) Swimming pools, clubhouses, and recreational facilities after leaving 15.0 m. belt along the river bank and 9.0 m. from Nallahs, subject to other provisions in these regulations.

vi) Public toilets as per requirement.

vii) Recreational open space of any layout / sub-division / development proposals, if submitted along with the developable land adjoining such green belt, after leaving marginal distances of minimum 15.0 m. and 9.0 m. from rivers and Nallahs, respectively, or subject to restrictions mentioned in Regulation No.3.1.3.

a) The uses and their extent shall be permissible in such Recreational open space, as prescribed in this regulation.

b) If the land under the green belt zone, except open space therein, if any, is required by the Authority for the public purposes mentioned above, the owner shall hand over the possession of such land for the development and maintenance of public purposes.

Thereafter, such land shall remain open and accessible to the general public for recreational activities.

c) The side / rear marginal distances for a proposed building in a land adjoining a river /

nallah shall be the maximum of :-

(i) Side / rear marginal distance, to be measured from river/nallah, as required according to height of building or

(ii) 4.5 m. from the dividing line between the green belt zone and the other developable zone; or

(iii) Mandatory distance of 15.0 m. or 9.0 m to be observed from a river or nallah, respectively.

Related Regulations to Rule No. 4- 

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

Uses Permissible in Various Zones UDCPR 2020

Uses Permissible in Development Plan Reservations in UDCPR 2020

Uses Permissible in 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

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

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

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

Rule No. 6.6 CALCULATION OF BUILT-UP AREA FOR THE PURPOSES OF FSI

Outer periphery of the construction floor-wise (P-line), including everything but excluding ducts, voids, and items in Regulation No. 6.8, shall be calculated for the purpose of computation of FSI. The open balcony, double-height terraces, and cupboard shall also be included in the P-line of the respective floor, irrespective of its use/function. If part of the stilt, podium or basement is proposed for habitation purposes or for the construction which is counted in FSI, then such construction shall also be measured in P-line in that respective floor.

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

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

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

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

9.5.1 Location and Extent

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

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

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

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

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

9.5.2 Location and extent of Ledge for Air Conditioning unit

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

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

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

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

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

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

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

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

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

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

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

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

vi)  Telecommunication tower, antenna, and allied activities.

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

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

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

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

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

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

iii)  No detached toilet block shall be permitted.

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

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

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

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

Related Regulations to Rule No.6 - 

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

What are the Regulations for Height of Building in UDCPR 2020

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

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

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

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

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

UDCPR 2020 Chapter 11 is all about the Acquisition And Development Of Reserved Sites in Development Plans 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. 11.2 Regulations for Grant of Transferable Development Rights

11.2.1  Transferable Development Rights

Transferable Development Rights (TDR) is compensation in the form of Floor Space Index (FSI) or Development Rights which shall entitle the owner for construction of built-up area subject to provisions in this regulation. This FSI credit shall be issued in a certificate which shall be called as Development Right Certificate (DRC).

Development Rights Certificate (DRC) shall be issued by the Authority under his signature and endorsed thereon in writing in figures and in words, the FSI credit in square meters of the built-up area to which the owner or lessee is entitled, the place from where it is generated and the rate of that plot as prescribed in the Annual Statement of Rates issued by the Registration Department for the concerned year.TDR generated within the jurisdiction of a particular Authority, shall be utilized within the jurisdiction of the same Authority as per this regulation.

11.2.2 Cases Eligible for Transferable Development Rights (TDR)

Compensation in terms of Transferable Development Rights (TDR) shall be permissible for -

i) Lands under various reservations for public purposes, new roads, road widening, etc., which are subjected to acquisition, proposed in Draft or Final Development Plan, prepared under the provisions of the Maharashtra Regional and Town Planning Act, 1966.

ii) Lands under any deemed reservations according to any regulations prepared as per the provisions of the Maharashtra Regional & Town Planning Act, 1966.

iii) Lands under any new road or road widening proposed under the provisions of Maharashtra Municipal Corporation Act, Maharashtra Municipal Council, Nagar Panchayat, and Industrial Township Act.

iv) In the case where the layout is submitted along with the proposed Development Plan Road, in such cases TDR shall be permissible for the entire road width as per these regulations.

v) Development or construction of the amenity on the reserved or deemed reserved land.

vi) Unutilized FSI of any structure or precinct which is declared as a Heritage structure or precinct under the provisions of Unified Development Control and Promotion Regulations, due to

restrictions imposed in that regulation.

vii) In lieu of constructing housing for slum-dwellers according to regulations prepared under the Maharashtra Regional & Town Planning Act, 1966.

viii) For handing over land to the Authority for development of housing under PMAY by the Authority.

11.2.3 Cases not eligible for Transferable Development Rights (TDR)

It shall not be permissible to grant Transferable Development Rights (TDR) in the following circumstances :-

i) For earlier land acquisition or development for which compensation has been already paid partly or fully by any means.

ii) Where an award of land has already been declared and which is valid under the Acquisition Act or the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 unless lands are withdrawn from the award by the Appropriate Authority according to the provisions of the relevant Acts.

iii) In cases where the layout has already been sanctioned and layout roads are incorporated as Development Plan roads prior to these regulations.

iv) If the compensation in the form of FSI/or by any means has already been granted to the owner.

v) Where lawful possession including by mutual agreement/or contract has been taken and such agreement does not provide for TDR.

vi) For an existing user or retention user or any required compulsory open space or recreational open space or recreational ground, in any layout.

vii) For any designation, allocation of the use or zone which is not subjected to acquisition.

viii) Existing nallah, river, natural stream, natural pond, tank, water bodies, etc.

ix) Reservations that are not developable under the provisions of UDCPR.

x) For the lands owned by the State Government.

11.2.4 Generation of the Transferable Development Rights (TDR)

Transferable Development Rights (TDR) against surrender of land :-

a. For surrender of the gross area of the land which is subjected to acquisition, free of cost and free from all encumbrances, the owner shall be entitled to TDR or DR irrespective of the FSI permissible or development potential of such land to be surrendered and also that of land surrounding to such land at the rate given below :-

Note :-

i) The quantum of Transferable Development Rights (TDR) generated for reservation in the area having total legal impediment/constraint on construction or development like CRZ/Hazardous zone/Low-Density zone, shall be 50% of TDR generated as prescribed above.

ii) The quantum of Transferable Development Rights (TDR) generated for Bio Diversity Park reservation shall be 8% of the gross area.

(Explanation: The above entitlement may also apply to the compensation paid in the form of FSI to the owner to be utilized on the unaffected part of the same land parcel, and in such cases, the procedure of DRC shall not be insisted.)

Provided that, if leveling of land and construction/erection of the compound wall/fencing as per Clause (b) below to the land under surrender is not desirable considering the total area of reservation, the quantum of TDR shall be reduced to 1 : 1.85 and 1 : 2.85 in non- congested area and congested area respectively. In such cases, the owner shall also have an option of paying the cost of the construction of a compound wall (as decided by the Authority) without reducing the quantum of TDR.

Provided further that such construction/erection of compound wall/fencing shall not be necessary for area under development plan roads. In such cases TDR equivalent to entitlement as mentioned above shall be granted without any reduction.

Provided also that Additional/incentive Transferable Development Rights (TDR) or Development Rights (DR) to the extent of 5% of the surrendered land area shall also be allowed to the land owners who submit the proposal for grant of Transferable Development Rights (TDR) of land reserved in the development plan, within 2 years from the sanction of these regulations.

Provided that the quantum of generation of TDR as prescribed above, shall not be applicable for TDR generated from the construction of amenities or construction of reservation/deemed reservations/roads, Slum TDR, Heritage TDR.

b. DRC shall be issued only after the land is surrendered to the Authority, free of cost and free from encumbrances, after leveling the land to the surrounding ground level, and after constructing/ erecting a 1.5 m. high compound wall/fencing, i.e., brick/stone wall up to 0.60 m. above ground level and fencing above that up to the remaining height with a gate, at the cost of the owner and to the satisfaction of the Authority.

c. If any contiguous land of the same owner/developer, in addition to the land under surrender for which Transferable Development Rights (TDR) is to be granted, remains unbuildable, the Authority may grant Transferable Development Rights (TDR) for such remaining unbuildable land also if the owner/developer hands it over free of cost and free from all encumbrance and encroachment. If such land is from the proposed roads then such land shall be utilized for roadside parking, garden, open space, or roadside amenities including bus bays, public toilets, or any compatible user as the Authority may decide and if the such land is from the proposed reservation then same shall be included in such proposed reservation and shall be developed for the same purpose.

d) In the case of the lessee, the award of Transferable Development Rights (TDR) shall be subject to the lessee paying the lessor or depositing with the Authority for payment to the lessor, an amount equivalent to the value of the lessor's interest to be determined by the Authority on the basis of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against the area of land surrendered, free of cost and free from all encumbrances.

e) Where the authority has taken the possession of the reserved land in the development plan with the commitment of granting TDR / DRC in the past and DRC is not issued, in such cases, DRC shall be issued for the quantum as per this UDCPR.

11.2.5 Transferable Development Rights (TDR) against Construction of Amenity -

When an owner or lessee, with prior approval of the Authority, develops or constructs the amenity on the surrendered plot, at his own cost subject to such stipulations as may be prescribed and to the satisfaction of the Authority and hands over the said developed/constructed amenity free of cost to the Authority, then he may be granted a Transferable Development Rights (TDR) in the form of FSI as per the following formula :-

Construction Amenity TDR in Sq.m. = A / B * 2.00 Where,

A = cost of construction of amenity in rupees as per the rates of construction mentioned in Annual Statement of Rates (ASR) prepared by the Inspector General of Registration for the year in which construction of amenity is commenced. (In the case of the construction of a new D.P. road, the cost of construction as worked out on the basis of the District Schedule of Rates.)

B = land rate per Sq.m. as per the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration for the year in which construction of amenity is commenced.

In the case of buildings like auditoriums, assembly, etc. wherein the height of the building is higher, the cost of the building may be worked out from the Public Works Department as per applicable DSR. Also, expenses for ancillary requirements only of immovable items like acoustic, etc. may also be included in such cost. Such expenses for ancillary requirements may also be considered for hospital and educational buildings.

If any person, with the consent of the authority, constructs the D.P. road by obtaining development rights/consent of the other owners whose land is covered under the D.P. road, then such person may be entitled for construction amenity TDR subject to -

i) This provision shall only apply to the construction of a new road proposed in the Development Plan.

ii) One end of the road should meet other existing public roads.

iii) The specifications for the construction of the road shall be as decided by the Authority.

11.2.6 Utilisation of Transferable Development Rights (TDR)

i)  A holder of DRC who desires to use FSI credit therein on a particular plot of land shall attach valid DRCs to the extent required with his application for development permission. Proposal for Transferable Development Rights (TDR) utilisation shall be submitted along with the documents as may be prescribed by the Authority or by the Government from time to time.

ii)  With an application for development permission, where an owner seeks utilization of DRC, he shall submit the DRC to the Authority who shall endorse thereon in writing in figures and words, the quantum of the TDR proposed to be utilized, before granting development permission. Before issuance of the Occupation Certificate, the Authority shall endorse on the DRC, in writing in figures and words, the quantum of TDR/DRs actually used and the balance remaining, if any

iii)  The Transferable Development Rights (TDR) generated from any land use zone shall be utilized on any receiving plot irrespective of the land use zone including development plan reservations of a buildable nature and anywhere in the congested or non-congested area or town planning scheme area earmarked on Development Plan. The equivalent quantum of Transferable Development Rights (TDR) to be permitted on the receiving plot shall be governed by the formula given below :-

Formula: X = (Rg / Rr) x Y Where,

X= Permissible Utilisation of TDR/DR in sq.m. on receiving plot.

Rg = The Rate for land in Rs. per sq.m. as per the ASR of generating plots in the generating year. 

Rr=  Rate for land in Rs. per sq.m. as per ASR of receiving plot in generating year. 

Y= TDR debited from DRC in sq.m.

11.2.7  Utilisation of Transferable Development Rights (TDR) and Road Width Relation

i) The total maximum permissible built-up area and utilization of Transferable Development Rights (TDR) on the receiving plot shall be, as per Regulation No.6.1, 6.2, and 6.3.

ii) The quantum of maximum permissible TDR loading mentioned in Table 6-G of Regulation No.6.3 shall include a minimum 30% and a maximum of 50% slum TDR/URT/Amenity TDR (wherever applicable). If such TDR is not available, the other TDR may be used. Moreover, this shall not be applicable for TDR loading mentioned in Regulation No.6.1.1. Table 6-A.

iii) The utilization of Transferable Development Rights (TDR) shall be permissible by considering (1) the provision mentioned in Note (xiv) below Table No.6-G of Regulation No.6.3.

11.2.8  Areas Restricted from Utilisation of Transferable Development Rights (TDR)

Utilization of Transferable Development Rights (TDR) shall not be permitted in the following areas :-

a. Agricultural/No Development/Green Zone/Green Belt/Regional Park/HTHS Zone and Bio Diversity Park reservation in the Development Plan.

b. Area within the flood control line i.e. blue line (prohibitive zone) as specified by the Irrigation Department.

c. Coastal regulation zone.

d. Area having developmental prohibition or restrictions imposed by any notification issued under the provisions of any Central/State Act (like CRZ regulations, Defense restriction areas, etc.) or under these regulations.

c. Koregaon Park area in Pune Municipal Corporation area.

11.2.9 General stipulation

i) Development Rights (DRs) will be granted to an owner or lessee, only for reserved lands that are retainable and not vested or handed over to the Government/Urban Local Bodies and not exempted under section 20 or 21 of the then Urban Land (Ceiling and Regulations) Act, 1976 and undertaking to that effect shall be obtained, before a Development Right is granted. In the case of schemes sanctioned under section 20 or 21 of the said Act, the grant of Development Rights (DRs) shall be to such extent and subject to the conditions mentioned in section 20 or 21 scheme and such conditions as the Government may prescribe. In the case of non-retainable land (surplus land), the grant of Development Rights shall be to such extent and subject to such conditions as the Government may specify. The provisions of this Regulation shall be subject to the orders issued by the Government from time to time in this regard.

ii) In case of lands having tenure other than Class-I, i.e. Inam lands, tribal lands, etc., N.O.C. from the Competent Authority shall be produced by the landholder at the time of submission of application for grant of TDR.

iii) DRC shall be issued by the Authority as a certificate printed on bond paper in an appropriate form prescribed by him. Such a certificate shall be a “transferable and negotiable instrument” after the authentication by the Authority. The Authority shall maintain a register in a form considered appropriate by him of all transactions, etc. relating to the grant of, or utilization of DRC.

iv) The Authority shall issue DRC within 90 days from the date of application or reply from the applicant in respect of any requisition made by him, whichever is later.

v) The TDR shall be granted only for those reservations that are developable for the intended purpose under these regulations.

11.2.10 Transfer of DRC

The Authority shall allow the transfer of DRC in the following manner :-

i)  In case of death of the holder of DRC, the DRC shall be transferred only on production of the documents, as may be prescribed by him, from time to time, after due verification and satisfaction regarding title and legal successor.

ii) If a holder of DRC intends to transfer it to any other person, he shall submit the original DRC to the Authority with an application along with relevant documents as may be prescribed by the Authority and a registered agreement which is duly signed by the Transferor and Transferee, for seeking the endorsement of the new holder's name, i.e., the transferee, on the said certificate. The transfer shall not be valid without endorsement by the Authority and in such circumstances the Certificate shall be available for use only to the holder/transferor.

The utilization of TDR from such a certificate shall not be permissible during the transfer procedure.

iii) The Authority may refrain the DRC holder from utilizing the DRC in the following circumstances :-

a)  Under direction from a competent Court.

b)  Where the Authority has reason to believe that the DRC is obtained

a) by producing fraudulent documents  b) by misrepresentation,

iv) Any DRC may be utilized on one or more plots or lands whether vacant, or already developed fully or partly by the erection of an additional storey, or in any other manner consistent with the these Regulations.

v) DRC may be used on plots/land having Development Plan reservations of buildable nature, whether vacant or already developed for the same purpose, or on the lands under deemed reservations, if any, as per these Regulations or on amenity space.

vi) DRC may be used on plots/land available with the owner after surrendering the required land and construction to the Authority under the provisions of Accommodation Reservation. In such circumstances, for the purpose of deciding the receiving potential of the plot for the Transferable Development Rights (TDR), the total area of the reservation before surrender shall be considered.

11.2.11  Infrastructure Improvement Charges -

No infrastructure improvement charges shall be paid for the utilization of TDR.

11.2.12 Vesting of Land 

The Authority, before issuing DRC, shall verify and satisfy himself that the ownership and title of the land proposed for surrender is with the applicant, and get the Record of Right corrected in the name of Authority.

In case the Appropriate Authority for reservation is other than the Authority, it shall be permissible for the Authority, on the request of such authority to grant TDR under this regulation and hold such possession as a facilitator.

Provided that, the Authority shall hand over the possession of such land to the concerned Appropriate Authority, after receipt of the value of land, from such Appropriate Authority as per the Annual Statement of Rates prevailing at the time of handing over possession of land under reservation.

Provided also that, if such Appropriate Authority is the State Government or State Government Department, the Authority shall handover the possession of such land to the concerned Department, free of cost.

11.2.13 Effect of this Regulation

DRC issued under the old regulations as per TDR zone, shall be utilized as per these regulations considering the year of generation of TDR mentioned on the original DRC and accordingly land rate in the relevant ASR shall be considered.

Provided also that old TDR purchased as per TDR zones for utilization on a specific plot with registered documents of sale and/or specific proposal for utilization of such TDR pending in the ULBs, shall be allowed completely as per the old regulations.

Rule No. 11.3 Reservation Credit Certificate (RCC)

The reservation credit certificate is a certificate specifying the amount of compensation in lieu of handing over of reserved land to the Corporation and shall be issued by the Authority. The amount mentioned in this credit certificate may be used for payment of various charges like development charges, premiums, property tax, infrastructure charges, etc. to the authority from time to time in the future till exhausting the amount mentioned therein. Reservation Credit Certificate shall be issued subject to the following conditions.

i) The authority shall acquire the land under reservation in lieu of RCC only when it is immediately required for the development or creation of amenities or services or utilities.

ii) Such certificate shall not bear any interest on the amount mentioned therein and shall be transferable. However, payment being made to the authority through the amount from RCC after six months from the date of issue of RCC shall be discounted @ 10% for the payments to be made under provisions of these UDCPR.

iii) The amount of compensation to be paid to the owner shall be as per the provisions of the relevant Acts dealing with land acquisition as amended from time to time.

iv) The land to be handed over to the Corporation shall be free from all encumbrances and procedures laid down in TDR regulations shall be followed.

The Authority shall endorse the entries of payment on such certificate from time to time. It shall maintain a record in a form considered appropriate by it of all transactions relating to the grant of the utilization of reservation credit certificate.

Related Regulations to Rule No. 11- 

You can visit our other blog on Regulation 11 through the below-mentioned links:

Manner of Development of Reserved Site in Development Plan (Accommodation Reservation Principle) in UDCPR 2020

A higher Floor Space Index (FSI) means that developers can build bigger buildings on a piece of land. It allows for taller or denser structures, or more buildings on the same area of land.

The Permissible of higher FSI for the buildings can be differ according to the different building categories like educational, school, hospital, banks, etc

UDCPR Chapter 7 is all about the Higher FSI for Certain Uses for different buildings

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

Rule No. 7.0 General

A higher Floor Space Index may be allowed for certain uses in congested and non-congested areas except as otherwise specified and subject to the following conditions :
                    
i)  Permissible higher FSI for the buildings as mentioned in Table No.7-A shall be the maximum permissible building potential according to road width as mentioned in column 6, 9 of Table No.6-A or column 6, 9 of Table No.6-G under Regulation No.6.1 or 6.3 (whichever is applicable) minus Basic FSI. Instead of availing this higher FSI, the owner shall be entitled to avail of premium FSI/TDR or both to that extent.
                        
ii)  Such higherFSI shall only be available for use for which higher FSI is granted along with ancillary uses.
                        
iii)  Premium - Premium for higher F.S.I. shall be as per column 4 of Rule No.7-A below:- The rate of the premium is based on the land rate mentioned in ASR for respective S.No./CTS. No. The premium collected shall be shared 50:50 between the State Government & the Authority respectively. Premium to be paid to the Government shall be deposited in the concerned Account Head of Urban Development Department at the Government Treasury by the Authority. In the case of areas of Regional Plans, such entire premium shall be paid to the Government through the District office of the Town Planning and Valuation Department. The quantum/rates of premium shall be subject to the orders of the Government from time to time.
                        
iv)  In addition to the above, other ancillary area FSI, as mentioned in below in rule No.6-A and 6-G (whichever is applicable) shall also be applicable for these uses.
                        
vi) The higher FSI shall also be permissible to existing authorized uses subject to structural stability.
                    
f) If the owner/developer desires to avail such higher F.S.I. in the future for new buildings, then while seeking building permission at first instance, the building plan shall be submitted considering the marginal distances as required for the height of buildings for such higher F.S.I. No condonation in the required open spaces, parking, or other requirements in these regulations shall be allowed. However, for the proposals in respect of existing buildings, such conditions need not be insisted upon and the proposal shall be cleared only after strictly conforming to structural and fire safety norms.

g) No Amenity Spaces as per Regulation No.3.5 shall be required to be provided for the uses mentioned in Table No.7-A.
                    
h) In the agricultural zone, uses mentioned at sections A & B of 7-A, shall be entitled for 100% additional FSI over and above, permissible in said zone.

Rule No. 7.1 - Higher FSI 

Categories of the other buildings

A) Educational

i) Pre-primary School, nursery Kindergarten, and Special Educational Institute for Physically challenged/Mentally ill.      

       
Basic FSI     

As per Regulation No.6.1 or 6.3, whichever is relevant. 

Additional FSI

Maximum Building Potential limit as mentioned in Rule No. 6-A or 6-G (whichever is relevant minus basic FSI)

Rate of the Premium

5%

ii) Primary School

Rate of the Premium

5%

iii) Other educational buildings, including boys', girls', and youth hostels, are within 500 m. periphery from the recognized educational institutions.

                    
Rate of the Premium

For Charitable Institutions 10% and for private buildings 15%. 
                    

Conditions if any    

a) Provision of playground shall be complied with as specified in these regulations. Provided that, it shall not be necessary to increase the area of the existing playground, if any, when utilization of higher F.S.I. as otherwise permissible in these regulations, is proposed on an upper floor of the existing building.

Provided further that, in case of the existing building wherein utilization of higher F.S.I. is proposed on the vacant land, the area of the ground shall not be less than 40% or the existing area of the ground whichever is minimum.

Provided further that, in case of the existing building wherein utilization of higher F.S.I. on upper floors is not possible and it is necessary to expand the existing building to accommodate the number of students, then in such exceptional circumstances, the required area of the playground (and not existing) may be permitted to be reduced.

b) The maximum height of the Educational building shall be as per the Maharashtra Fire Protection and Life Safety Measures Act, 2006.
            

B) Medical institutions - Hospitals, maternity homes, buildings.

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI. However, the maximum building potential shall be 
Considered as 3.00 subject to Road width 18.0 m. and above.

Rate of the Premium

For Charitable Institutions 10% and for private buildings 15%.

Conditions if any

The maximum height of buildings for hospitals, sanatoriums, and nursing homes shall be as per the Maharashtra Fire Protection and Life Safety Measure, Act, 2006.

C) Institutional buildings/Banks

Additional FSI

Maximum Building Potential limit per road width as mentioned in Table 6-A or 6-G (whichever is relevant) minus basic FSI.

Rate of the Premium

For Charitable Institutions 10% and for private buildings 15%.
                               
D) Starred category hotels (two star and above) Mega-Ultra Mega and Large Tourism Project/Unit as per Maharashtra Tourism Policy - 2016 or as amended from time to time.

Rate of the Premium

20%

Conditions if any

i) Certificate from the Tourism Department, GOI shall be necessary for the type of category of hotels.

ii) The maximum building potential limit mentioned in Table No.6-A or 6-G shall be allowed considering the road width one step below. e.g. for the roads mentioned in Sr.No.3 in Rule 6-G, the maximum building potential shall be considered as given in Sr.No.4.

iii) Mega/Ultra Mega/Large Tourism Project/Unit may also include Tourism support activities to the extent of 20% of the additional FSI consumed.

Buildings of Government and Semi-Government Offices, Local Authorities, and Public Sector Undertakings/the Land in possession of Maharashtra State Road Transport Corporation/City Transport/Metro Stations and Depot including Govt, Guest Houses.

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI. However, the maximum building potential shall be
considered as 3.00 for Roads having a width of 18.0 m. and more.

Rate of the Premium

Government and Semi-Government Originations, Local Authorities – Nil.

For Public Sector Institutions – 15%.

Conditions if any

i) The Authority may allow exceeding the limit of higher FSI mentioned in column 3.

ii) For the land in possession of MSRTC, a maximum of 2/3 FSI out of maximum building potential shall be permitted to be utilized for commercial use. Provided that a minimum of 50% contiguous land shall be used for the principal purpose of MSRTC.

E) Buildings of Government and Semi-Government Offices, Local Authorities, and Public Sector Undertakings/the Land in possession of Maharashtra State Road Transport Corporation/City Transport/Metro Stations and Depot including Govt. Guest Houses.

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or Table 6-G (whichever is relevant) minus basic FSI. However maximum potential is considered as 3.00 for Roads having a width of 18.0 m. and more.

Rate of the Premium

Government and Semi-Government Originations, Local Authorities – Nil.

For Public Sector Institutions – 15%.

Conditions if any

i) The Authority may allow exceeding the limit of higher FSI mentioned in column 3.

ii) For the land in possession of MSRTC, a maximum of 2/3 FSI out of maximum building potential shall be permitted to be utilized for commercial use. Provided that a minimum of 50% contiguous land shall be used for the principal purpose of MSRTC.

F) Religious Building

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI.    

Rate of the Premium

15%        

Conditions if any    

i) It shall be necessary to obtain the No-Objection Certificate from the concerned Police Authority and Collector (District Magistrate), before granting permission.

ii) Other ancillary users like the administration office, Dharmashala, or Accommodation for devotees, eateries, convenience shops, etc. may be permitted. 

                   
G) Yatri Niwas

Rate of the Premium

15%

I) Basic shelter for the urban poor and Housing schemes developed for EWS/LIG

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI. or FSI up to 2.5, whichever is maximum.
                    

Rate of the Premium

No premium

Conditions if any                    
                
Any housing scheme for EWS/LIG undertaken by the authority, government/semi-government organization, under the basic shelter for urban poor, or similar program/scheme of the Central/State Government, shall be eligible for higher FSI.

J) Students' Hostel/Working Women - Men/Dormitories/Hostel for Labourers. (for whom Labour Laws are applicable.)        
        
Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI.                    
                        
Rate of the Premium                
            
10%        
                
Conditions if any    

i) Built-up area of the unit shall not exceed 17 Sq. m. with or without a toilet, excluding the common area.

ii) The unit shall not be sold and shall be on a rental basis. The condition to that effect shall be stamped on plans and incorporated in the permission letter.

iii) Ancillary facilities such as kitchen, dining hall, common hall, and common toilets may be permitted.

Note :            

i) The owner shall be at liberty to avail TDR instead of paying the premium mentioned in the above table to the extent specified above.

ii) The above premium shall not be applicable for development undertaken by Government, Semi-Government Departments, Local Authorities, and Public Sector Undertakings.
        

Related Regulations to Rule No. 7

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

Development and Redevelopment of Housing Schemes of Maharashtra Housing Area Development 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