(UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE.)
The Unified Development Control and Promotion Regulations (UDCPR building rules) are sanctioned by the state Government across the Maharashtra State. They are expecting to bring uniformity and to boost real estate activity across the state. These Development Control and Promotion Regulations for Maharashtra is called Unified Development Control and Promotion Regulations” – UDCPR
Which Area is Covered By UDCPR Building Rules –
UDCPR Rule apply to the building activities and development works on lands within the jurisdiction of all Planning Authorities and Regional Plan areas (City) of Maharashtra State. Like, Thane, Navi Mumbai, Pune, Aurangabad, Solapur, Kolhapur, Nashik, And Nagpur. Subsequently, UDCPR Regulations shall also be applicable to the Town Planning Scheme area. However this will not bar the Development Permission to be granted as per the Regulations of the Town Planning Scheme in toto.
Which Areas are Exempted from UDCPR Building Rules –
Udcpr Rule Will be applicable all over Maharashtra state except the spaces such as 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. Also includes Ecosensitive, Eco-fragile region notified by MoEF & CC, and Lonavala Municipal Council in Maharashtra etc.
Necessity to Obtaining Building Permission in Mumbai, Thane & Pune
Obtaining a Building permission is burdensome work in Maharashtra. Therefore commencing a construction without the permission of required authorities is illegal. Moreover the constructed part is liable to be demolished. Most importantly obtaining building permission is as necessary as carrying out any development work including development of land by laying out into suitable plots, amalgamation of plots, development of any land as group housing scheme, to erect or re-erect or make alterations to the building, and demolish any building or cause the same to be done without first obtaining a separate building permission 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.
In Which Cases Permission is Not Necessary as per UDCPR Building Rules
As per new UDCPR Sanction Rule, 2020 there are many cases in which permission is not necessary, includes-
i) Carrying out of works in compliance with any order or direction made by any Authority under any law for the time being in force.
ii) Carrying out of works by any Authority in exercise of its powers under any law for the time being in force.
iii) The excavation (including excavation of wells) made in the ordinary course of agricultural Operation.
iv) The construction of a road intended to give access to land solely for agricultural purpose.
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 base of solar panel at height upto 1.8m. from terrace. However Ensuring structural stability from the Licensed Structural Engineer.
ix) Providing internal lightweight partitions/cabins in the commercial building/ establishment with 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 storage of machinery before installation for factories in 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.
xv) Building on plot area upto 150 sq.mt. (low risk category) and on plot area more than
150sq.mts. upto 300 sq.mt.(moderate risk category) subject to compliance as per
Is building permission Necessary for Temporary Constructions
Eventually, as per UDCPR Rule Permission is also necessary for carrying out temporary construction. The Authority may grant permission for a period of not exceeding six months at a time and in the aggregate not exceeding a period of one year for temporary construction. Such permission may be given by him for the construction of the following. Provided that, all the necessary documents, application for temporary structure along with necessary scrutiny fees shall be submitted by the applicant as per given cases, 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 stall 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.
Subsequently, as per mentioned at point numbers (vi), (vii) and (viii) temporary constructions for structures etc. maybe permitted to be continued temporarily by the Authority. However 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.
All these rules are applicable in various states of Maharashtra like Thane, Navi Mumbai, Pune, Aurangabad, Solapur, Kolhapur, Nashik, And Nagpur.
Required Building Permissions while Repairs to Building
The permission is not required for the following types of repairs to existing authorized building, 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, existing roof in the same position.
iii) Any other items similar to above.