Finally Urban development department of Maharashtra state has notified the UDCPR (Unified Development Control and Promotion Regulations. Its just a simple matter, to convert the old rules in new UDCPR. Likewise, Maharashtra government is all set to implement a unified development control rules policy.
A. Applicability of Regulations
Essentially its make an appearance to difference in existing regulations for all the planning authorities, like Nagar Panchayats / Municipal Corporations, Municipal Councils, Metropolitan Region Development Authorities etc. Let’s have a look of a many cases where the UDCPR regulations are applicable
1. Development and Construction
Except as hereinafter otherwise provided, these regulations shall apply to all development, redevelopment, erection and/ or re-erection of a building, change of user etc. as well as to the design, construction or reconstruction, additions and alterations to a building.
2. Part Construction
Here the whole or part of a building is demolished or altered or reconstructed or removed, except where otherwise specifically stipulated, these Regulations apply only to the extent of the work involved.
3. Change of Occupancy/ Use
Where the occupancy or the user of a building is changed, except where otherwise specifically stipulated, these regulations shall apply to all parts of the building affected by the change.
The reconstruction in whole or part of a building which has ceased to exist due to an accidental fire, natural collapse or demolition, having been declared unsafe, or which is likely to be demolished by or under an order of the Authority and for which the necessary certificate has been given by the Authority shall be allowed subject to the provisions in these regulations.
5. Development of sites or/and subdivision or amalgamation of land
Where land is to be developed, subdivided, or two or more plots are to be amalgamated, or a lay-out is to be prepared; these Regulations shall apply to the entire area under development, sub-division, amalgamation and layout. Provided that, where a developed land, an existing lay-out / subdivision plan is being altered, these Regulations shall apply only to that part which is be ingaltered.
6. Revised permission
Any development permission granted earlier may be revised provided that, third party interest established in pursuance of such permissions, if any, are not adversely affected. In such case, consent of the adversely affected persons shall be necessary, if required under RERA. While granting the revised permission, the approved plans and commencement certificate of the earlier permission with office, shall be stamped as ‘SUPERSEDED’ by the Authority.
Nothing in these regulations shall require the removal, alteration or
Abandonment or prevent the continuance of the lawfully established use or occupancy of an
Existing building or its use, unless in the opinion of the Authority, such a building is unsafe Or constitutes a hazard to the safety of adjacent property.
Notwithstanding anything contained in UDCPR 2020 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. Subsequently, if any development permission has been issued before the date of coming into force of these regulations and if work is not commenced within validity period and such permission is not renewed, then the said development permission shall be deemed to have been lapsed.
Let’s have a look of a many cases where the UDCPR regulations applicable to convert old building rules-
- Either continue to develop the project as approved under the erstwhile regulations in to and for that limited purpose erstwhile regulation shall remain in force.
- Apply for grant of revised permission under the new regulations, if the project is on-going and the occupation certificate has not been granted fully. In such cases, charges/ premium etc. paid earlier shall be adjusted against the revised charges/ premium under these regulations
- 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 balance development. The development potential of such entire plot shall be computed as per these regulations from which the sanctioned FSI of buildings/part of buildings which are proposed to be retained as per approved plan shall be deducted to arrive at the balance development potential of such plot.
- 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.
- The existing marginal distances including front margin may be allowed for higher floor / floors subject to step margin as per these regulations.
- For the on-going 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.
- 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.
- If the project proponent applies for occupation with minor amendment in plans approved prior to this UDCPR, then amendment to the extent of 5% built-up area / dimensions per floor within the permissible FSI as per then regulations may be considered.
The State Government will issue guidelines for implementation about a) to h) above separately.
Subsequently, 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.