Here Are different reasons for which a building proposal can be rejected by Planning Authority

1. Proposed use of land like residential, shopping mall, office, hotel etc must be allowed in zone of that land.
2. If plans submitted are not as per building rules of that area.
3. Applicant do not submit all required documents in its prescribed format.
4. If the site is not capable of being well drained.  it means If the level of the site is less than prescribed datum level depending on topography and drainage aspects.
5. If it is within blue line or flood line of any water body like river, Nala, dam back water etc.
6. If the use of the site is for the purpose, which will be a source of annoyance to the health and comfort of the inhabitants of the neighborhood.
7. If land is under proposed road by any authority (National Highway, State highway, Major district road, Ordinary district road, Development plan road, DP Road, Village Road etc). For land partially affected by any road, owner of that property have to surrender road area to respective authority of that road. On remaining land he can construct after leaving front margin as per rules.
8. If land is within 30 m from metro line or railway line. In this case owner will get FSI of affected area, but he will have to leave desired distance between building and railway track.
9. If land is within 100 m airport boundary (after 100 m it is permissible as per permissible height from aviation department)
10. If it is within 30 m from hill top hill slope or BDP zone.
11. If balance portion of land after leaving all reservation on that land is non buildable then land cannot be developed
12. If the property do not have access from an authorized road / street.
13. If the land is within a prohibited distance of various red zones.
14. If it is hilly and having slope more than 1:5.

Any land in India can only be developed under permissible land use, defined by planning authority (government body) in that region.

Have you ever been in a situation where you are dealing with the land related issues and you hear certain real estate jargons that you have never heard of? We are sure you are getting a lot of recalls from the past. Well, today we are going to discuss one such term, FSI. FSI stands for the floor space index.  

FSI is also renowned as Floor Area Ratio (FAR). The term FSI refers to the ratio of the complete floor area of a building or a house (termed as the built-up area) to the complete plot area (land). These numbers and its values dictate the complete land area that you can construct, upon a plot.

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Pune FSI Calculator

PMRDA FSI Calculator

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There are set and fixed formulas that are used to calculate the floor space index. Even if we have the formulas, it is not easy for someone out of the field to achieve the accuracy in calculating it. FSI is regulated by the department called the Development control regulation of a certain location and works as per the National Building Code of India.

The value of FSI is not same everywhere it is regulated according to the city zone, type of building and a lot of other amenities. It is possible to build up the construction only as imposed by the government.

The formula for the FSI calculation goes this way,

                                                  Floor Space covered in all floors

               FSI =                             ——————————————

                                                         Area of the plot

Let us see about the Premium F.S.I  

Well, these are some of the deviations allowed irrespective of locations and the building types.

If you ever wish or desire to stretch your Floor Space Index (F.S.I), you will have to pay some premium amount to the government. In order to avail this F.S.I, the joining road has to be 30 feet.

If the land you are planning to build on happens to be 30-40 abutting the roadway, the premium FSI will allow you to build on 20% more than actually allowed area. This increases with the increase in the width. Like, for the 40-60 road width you get 30% premium FSI, and for 60 feet road width it is 40% premium FSI.

F.S.I is not just the best option for us but it is also a great factor that helps to reduce the stress on the city. It is considered as the best concept since it limits and aligns the sources. With all the positive attributes it has, a lot of us tend to misunderstand its holistic approach. FSI helps the government to decide what % of the city area must be dedicated to the park, what percent for the road and how to divide the remaining into the different zones. This helps in a great way to keep the resources of the city on good terms with more greenery, lesser traffic, and a lot more other amenities.

Advantages  

Even though the FSI is considered as the restricted concept it carries its own benefits at the places where construction is taking place rapidly. Let’s see some of the basic advantages of F.S.I,

 It serves as a medium to maintain the ratio of open space and the built-up space.

 It is one of the many factors that maintain the city skyline.

 An average F.S.I illustration is the key for a better development

 F.S.I maintains the equality between sustainability, growth, and development.

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Pune FSI Calculator

PMRDA FSI Calculator

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Now that you have understood what Floor Space Index is and how important it is. You might also have gotten the idea about how much of efforts are required to get it done. Yes, there goes a lot of legal procedures that we need to follow and they can really get tiring. But to make it easy for you Foot2Feet offers all kind of services and calculators concerning Floor Space Index. To explore more you can feel free to call us and we will be more than glad to assist you with your queries.

Why professional’s love foot2feet automated FSI calculator  

Following are silent features of foot2feet calculator, which have made it very popular amongst builders, architects, contractors and other construction industry people.

• No special knowledge required, a common man can use it

• Select your location and find planning authority in your region

• Only land area & access road width required to find basic results.

• If you give more details, you will get more accurate calculations

• It finds FSI, TDR, paid FSI, fungible FSI etc….

• Required Open space, amenity space MHADA, FSI factor are accurately calculated.

• Free assistance by foot2feet team

• It takes few seconds only.

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 Public/Semi-Public Zone as per UDCPR 2020 (UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE).

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

Rule No. 4.10 Public/Semi-Public Zone

The following uses shall be permissible :-

(i)  Schools, Colleges, Educational Complexes, Training institutions, Hostels for students and essential staff quarters.

(ii)  Home for the aged, Hospitals, Sanatoria, Dispensaries, Maternity Homes, Health Centres, and related health facilities with ancillary structures like quarters, Dharmashala, veterinary hospitals, etc.

(iii)  Offices and essential staff quarters of the Government/Semi-Government and/or their authorities/Local Self-Government, Courts, etc., Public Housing by Government / Government Bodies.

(iv)  Public/semi-public sector utility and transport establishments/institutions of research, education, and health.

(v)  Libraries, Mangal karyalayas, Gymnasia, Gymkhanas, Stadia, Community halls, Civic and Cultural Centres, Religious Structures, auditoria etc.

(vi)  Commercial use up to 15%shall be permissible subject to the following conditions:-

a) Shop/permit rooms for liquor/wine/beer, pan, cigarette, tobacco, lottery tickets, and such other uses which do not serve a public purpose, similarly, storage of domestic gas cylinders, kerosene, etc., which are dangerous to public health, shall not be permitted.

b)  The plots in which there is an existing development; such commercial use shall be restricted to a maximum of 15% of the existing and proposed development taken together.

Provided that, in the case of lands owned by Zilla Parishad and Panchayat Samiti, which are earmarked as public and semi-public zones, the limit of such commercial use shall be up to 33%.

(vii)  Vehicle Fuel Filling Station, including LPG / CNG / Public Charging Stations for Electric Vehicles as per Regulation No.6.2.2, Sr.No.6 of Table 6E.

(viii)  Nursery, crèches, Spastic rehabilitation centers, orphanages, hostels for Autistic persons, and Mentally Retarded persons.

(ix)  Fire stations.

(x)  Traffic and Transport related facilities.

Related Regulations to Rule No. 4- 

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

Uses Permissible in Various Zones UDCPR 2020

Uses Permissible in Development Plan Reservations in UDCPR 2020

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

Uses Permissible in Agricultural Zone in UDCPR 2020

Uses Permissible in 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
 

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

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

Rule No. 1.5 Savings

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

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

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

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

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

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

fresh proposal as per these regulations.

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

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

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

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

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

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

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

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

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

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

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

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

1.5 

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

Related Regulations to Rule No. 1 - 

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

Other Various Regulations of Administration in UDCPR 2020

Definitions in Administration in UDCPR 2020

Applicability of Regulations in Administration in UDCPR 2020

Short Title, Extent & Commencement in UDCPR 2020

UDCPR 2020 Chapter 2 is all about Development Permission and Commencement Certificate as per mentioned in the UDCPR 

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

Rule No. 2.1 Permission from the Planning Authority 

2.1.1 Necessity of Obtaining Permission

No person shall carry out any development work including the development of land by laying out into suitable plots or amalgamation of plots or development of any land as a group housing scheme or to erect, re-erect or make alterations or demolish any building or cause the same to be done without first obtaining a separate building permit/development permission/commencement certificate for each such development work/building from the Authority. As stipulated in section 18/46 of the Maharashtra Regional and Town Planning Act, 1966, no such permission shall be in contravention of the Regional Plan, Development Plan proposals as the case may be.

2.1.2 Permission Not Necessary

No such permission shall be necessary for :-

i) Carrying out of works in compliance with any order or direction made by any Authority

under any law in force for the time being.

ii) Carrying out of works by any Authority in the exercise of its powers under any law for the time being in force.

iii) The excavation (including excavation of wells) was made during the ordinary course of agricultural operation.

iv) The construction of a road intended to give access to land solely for agricultural purposes.

v) Normal use of land which has been used temporarily for other purposes like marriage pandals or for festive occasions, etc. on private land.

vi) Provision of safety grills to window/ventilator.

vii)  Distribution/receiving substation of the electric supply company.

viii) Installation of solar panels having a base of the solar panel at a height of up to 1.8 m. from the terrace, ensuring structural stability from the Licensed Structural Engineer.

ix) Providing internal lightweight partitions/cabins in the commercial building/establishment with a certificate of structural stability from the Licensed Structural Engineer.

x) Temporary structures for godowns/storage of construction materials within the site.

xi)  temporary site offices, sample flats and watchman chowkys within the site only during the phase of construction of the main building.

xii) Temporary structures for the storage of machinery before installation for factories on industrial lands within the site.

xiii) Labour camps for construction sites, provided adequate water supply and sanitation facilities are provided and safety is ensured.

xiv) Construction of temporary sets for film/TV serial/advertisement shooting and like activities for a period not more than one year, subject to intimation to the authority.

xv) Building on plot area up to 150 sq. mt. (low-risk category) and on plot area more than 150 sq. mt. up to 300 sq. mt. (moderate risk category) subject to compliance as per APPENDIX - K.

2.1.3 Development Undertaken on behalf of Government

As per the provisions of Section 58 of the Maharashtra Regional and Town Planning Act, 1966 the office in charge of the Government Department shall inform in writing to the Authority of the intention to carry out its purpose along with details of such development or construction as specified below and as certified by the Government Architect/Architect/Technical personnel :-

i) An official letter by the authorized officer of the Government Department addressed to the Authority, giving full particulars of the development work or any operational construction.

ii) Ownership document and measurement plan issued by the Competent Authority of Land Records Department.

iii) Development/building plans conforming to the provisions of the Development Plan/Regional Plan and these Regulations for the proposed development work to the scale specified in these Regulations.

iv) The proposals of the Development Plan or Town Planning Scheme or Regional Plan affecting the land.

v) A Site Plan (of required copies) of the area proposed to be developed to the scale.

vi) Detailed plan (of required copies) showing the plan, sections and elevations of the proposed development work to the scale, including existing building specifying either to be retained or to be demolished.

2.1.4 Operational Constructions

No permission shall be necessary for the operational construction of the Government or Government undertaking, whether of a temporary or permanent nature, which is necessary for the operation, maintenance, development or execution of any of the following services:

a)  Railways

b)  National Highway

c)  National Waterway

d) Airways and Aerodromes and Major Ports

e)  Posts and Telegraphs, Telephones, Wireless, Broadcasting and other like forms of Communication excluding Mobile Towers.

f)  Regional grids, towers, gantries, switchyards, control rooms, and relay rooms for transmission, distribution, etc. of electricity.

g)  Defence Authorities

h)  Any other essential public service as may be notified by the State/Central Government.

i)  The following constructions for operational purposes of new railway lines or tracks by the Metro Rail Administration (MRA)/Project Implementing Agency designated by the Government for the Metro Rail and Monorail/Light Rail Transit (LRT) Project.

"Operation Control Centre, Playback Training Room. Administration Building, Stabling Yards, Maintenance Workshop and Training Centre, Auto Car Wash Plant and Auto Wash Plant, Auxiliary Rail Vehicle Building, Under Floor Wheel Lathe and Blow Down Plant, Cooling Tower, Generator Area, Auxiliary Sub-station, Traction Sub-station, Transformer Area, Water Treatment Plant, Waste Water Treatment Plant, Deport Control Centre, sump Area, Parking, Check Post, Loading and unloading areas, Fouling Points, DG set Rooms, Metro and Mono stations (underground and elevated), Viaduct and tunnel, Ventilation Shaft, Entry / Exit Blocks, Passages, Underground passage to Station box, Lifts, Staircases, Escalators, Transit accommodation / Guest rooms, Metro Stations / Depots on property owned by it in all Use Zones, Air Handling Unit, Fire staircase, Fire lift and fire passages, Refuge area, thereto."

j) Facilities & services such as Roads, Water Supply, Sewerage, Storm Water Disposal and any other essential public services carried out by the State/Central Government or its undertakings / Bodies or the Local Bodies including :-

(a) Maintenance or improvement of highway, road or public street, being works carried out on land within the boundaries of such highway, road or public street; or

(b) Inspecting, repairing or renewing any drains, sewer mains, pipes including gas pipes, telephone and electric cables, or other apparatus including the breaking open of any street, or other land for the purpose.

Provided that the concerned authority shall inform the Planning Authority in writing at the earliest and pay the necessary restoration charges to the Planning Authority within a month. The restoration charges shall not be more than the expenditure to be incurred by the Authority to restore the road etc. along with supervision charges, if any.

All such constructions shall, however, conform to the prescribed requirements for the provision of essential services, water supply connections, drains, etc. to the satisfaction of the Authority.

2.1.5  Constructions Not Covered under the Operational Constructions

The following constructions of the Government Departments do not come under the purview of operational construction for the purpose of exemption. In such cases, intimation to the authority as mentioned in above regulation shall be necessary.

a) New residential buildings (other than gate lodges, quarters for limited essential operational staff and the like), roads and drains in railway colonies, hospitals, clubs, institutes and schools in case of railways.

b) A new building, new construction or new installation or any extension thereof, in case of any other services other than those mentioned in these regulations.

2.1.6 Temporary Constructions

Permission shall be necessary for carrying out temporary construction. The Authority may grant permission for temporary construction for a period not exceeding six months at a time and in the aggregate not exceeding a period of one year. Such permission may be given by him for the construction of the following, viz. :-

(i)  Structures for protection from the rain or covering of the terraces during monsoon only.

(ii)  Pandals for fairs, ceremonies, religious functions, etc. on public land.

(iii)  Structures of exhibitions/circuses etc.

(iv)  Structures for ancillary works for quarrying operations in conforming zones.

(v)  Government milk booths, telephone booths, MAFFCO stalls and ATM Centres.

(vi)  Transit accommodation for persons to be rehabilitated in a new construction.

(vii)  Structures for educational and medical facilities within the site of the proposed building during the phase of planning and constructing the said permanent buildings.

(viii)  Ready mix concrete plant.

Provided that, necessary documents along with necessary scrutiny fees shall be submitted by the applicant along with the application for temporary construction.

Provided that, temporary constructions for structures etc. mentioned at (vi), (vii) and (viii) may be permitted to be continued temporarily by the Authority, but in any case not beyond completion of construction of the main structure or building and that, structure in (iv) and (v) may be continued on annual renewal basis by the Authority beyond a period of one year.

Provided further that approval of the Chief Fire Officer of the authority shall be obtained, wherever necessary.

2.1.7 Repairs to Building

The permission shall not be required for the following types of repairs to existing authorised buildings, which do not amount to additions or alternations. Only intimation to the Authority by the owner along with the certificate of licensed personnel shall be given.

i)  Changing of doors and windows in the same position.

ii)  Strengthening of existing walls, and existing roof in the same position.

iii)  Any other items similar to the above.

Related Regulations to Rule No. 2- 

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

Commencement of Work in UDCPR 2020

Various Regulations in Chapter 2 in UDCPR 2020

Procedure During Construction in UDCPR 2020

Discretionary Powers and Relaxations In Specific Cases in UDCPR 2020

Discretionary Powers Interpretation in UDCPR 2020

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

Grant or Refusal of Permission in UDCPR 2020