UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE..

Regulation, 2020

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The English text is set out on this page, reproduced from the document India Code holds for it, and the original PDF is linked from here.

Q: When was the UNIFIED DEVELOPMENT CONTROL AND PROMOTION REGULATIONS FOR MAHARASHTRA STATE.. made?

It is recorded under the year 2020.

A regulation made under the The Maharashtra Regional and Town Planning Act, 1966.

Kind Regulation Year 2020 Jurisdiction Maharashtra Ministry Govt of Maharashtra Text 1,99,974 characters

Made under The Maharashtra Regional and Town Planning Act, 1966.

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Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority. This instrument is long and the text is cut off here — follow the source for the remainder.

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CCOONNTTRROOLL AANNDD
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RREEGGUULLAATTIIOONNSS FFOORR
MMAAHHAARRAASSHHTTRRAA
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II III 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.
GOVERNMENT OF MAHARASHTRA
URBAN DEVELOPMENT DEPARTMENT
V
INDEX
Regulation No.
Particulars Page No.
CHAPTER – 1
ADMINISTRATION
1.0 Short Title, Extent and Commencement 1 1.1 Extent and Jurisdiction 1 1.2 Commencement of Regulations 1 1.3 Definitions 1 1.4 Applicability of Regulations 17 1.5 Saving 18 1.6 Applicability of Other Regulations 19 1.7 Power to Prescribe the Proformas 19 1.8 Power to Decide Charges 19 1.9 Meanings as in Acts, Rules & Interpretations 19 1.10 Removal of Difficulties 20 CHAPTER – 2
DEVELOPMENT PERMISSION AND COMMENCEMENT
CERTIFICATE
2.1 Permission from the Planning Authority is Mandatory 21 2.1.1 Necessity of Obtaining Permission 21 2.1.2 Permission Not Necessary 21 2.1.3 Development Undertaken on Behalf of Government 22 2.1.4 Operational Constructions 22 2.1.5 Constructions Not Covered Under the Operational Constructions 23 2.1.6 Temporary Constructions 23 2.1.7 Repairs to Building 24 Procedure for Obtaining Development Permission / Building Permission / Commencement Certificate 2.2.1 Notice/ Application 24 2.2.2 Information Accompanying Notice / Application 24 2.2.3 Ownership Title and Area 24 2.2.4 Key Plan or Location Plan 25 2.2.5 (a) Sub-division Layout Plan 25 2.2.6 Site Plan 26 2.2.7 Building Plan 26 2.2.8 Building Plans for Special Buildings 27 2.2.9 Service Plan 28 VI 2.2.10 Supervision 28 2.2.11 Clearance From Other Departments 28 2.2.12 Building / Layout Permission Scrutiny Fee 29 2.2.13 Development Charges 29 2.2.14 Premium Charges and Fire Infrastructure Charges. 30 2.2.15 Structural Stability Certificate 31 2.2.16 Signing the Plan 31 2.2.17 Size of Drawing Sheets 31 2.2.18 Colouring Notations for Plans 32 Qualification and Competence of the Architect / Licensed Engineer / Structural Engineer / Town Planner / Supervisor 2.3 Discretionary Powers – Interpretation 33 2.4 Discretionary Powers - Relaxations in Specific Cases 33 2.5 Drafting Error 34 2.6 Grant or Refusal of Permission 34 2.6.1 General 34 2.6.2 Deemed Permission 34 2.6.3 Approval of building permission on Risk Based Classification 35 2.6.4 Display of Sanctioned Permissions on Authority's Web-Site. 35 2.7 Commencement of Work 35 2.7.1 Commencement 35 2.7.2 Development of Land Subdivision/ Group Housing Schemes 36 2.8 Procedure During Construction 36 Owner / Developer / Architect / Town Planner / Engineer / Structural Engineer / Supervisor or any licensed technical person's Responsibilities in Their Respective Domain.
2.8.2 Results of Test 36 2.8.3 Display Board 36 2.8.4 Plinth Checking 37 2.8.5 Deviation during Construction 37 2.9 Completion Certificate 37 2.10 Occupancy Certificate 37 2.11 Part Occupancy Certificate 38 2.12 Inspection 38 2.13 Unsafe Buildings 38 2.14 Offences and Penalties 38 2.15 Revocation of Permission 39 CHAPTER – 3
GENERAL LAND DEVELOPMENT REQUIREMENTS
3.1 Requirements of Site 41 VII 3.1.1 Site Not Eligible For Construction of Building 41 3.1.2 Distance of Site From Electric Lines 42 3.1.3 Construction Within Blue and Red Flood Line 42 3.1.4 Development Within 30 M. Distance From Railway Boundary 43 3.1.5 Environmental Clearance 43 3.1.6 Development Along Highways / Classified Roads 43 3.1.7 Development Within Certain Distance from the Prison Premises 43 3.1.8 Distances from Land Fill Sites 43 3.1.9 Restrictions in the Vicinity of Airport 43 3.1.10 Restrictions in the Vicinity of Ancient Monuments 44 3.1.11 Restriction under the Works of Defense Act, 1903 44 3.1.12 Distance from Natural Lake and Dam. 44 Authorities to Supply Complete Information about Restrictions to the Authority 3.2 Means of Access 45 3.3 Regulations for Land Sub-division and Layout 45 3.3.1 Obligation to Prepare Layout 45 3.3.2 Roads / Streets in Land Sub-division or Layout 46 3.3.3 Length of Internal Roads, How to be Measured 47 3.3.4 Co-ordination of Roads in Adjoining Lands 47 Narrow Roads in Congested Areas (Core area in case of Nashik Municipal Corporation) 3.3.6 Development of Street 47 3.3.7 Development of Private Street, if neglected 47 3.3.8 Access from the Highways/ Classified Roads 47 3.3.9 Access Provision for Special Buildings of Regulation No.1.3(93)(xiv) 48 3.3.10 Cul-de-sacs 48 3.3.11 Handing Over of Layout Roads 49 3.3.12 Intersection of Roads 49 3.3.13 Acute Angled Junctions 49 3.3.14 Land-locked Plot 50 3.3.15 Approach by Underpass or Over Bride for Adjoining Properties. 50 3.4 Recreational Open Spaces 50 3.4.1 Recreational Open Space 50 3.4.2 Recreational Open Space – Owner’s Undertaking 52 3.4.3 Recreational Open Space – Rearrangement 52 3.4.4 Recreational Open Space – Exclusive 52 3.4.5 Recreational Open Space in Green Belt 52 3.4.6 Minimum Dimensions 53 3.4.7 Structures Permitted in Open Space 53
VIII
3.4.8 Recreational Open Space and Means of Access 53 3.5 Provision for Amenity Space 53 In the areas of Local Authorities, Special Planning Authorities and Metropolitan Region Authorities 3.5.2 In case of Regional Plan Areas. 55 3.5.3 Development of Amenity Spaces in Earlier Sanctioned Layout 55 3.6 Provision for Electric Sub-station 55 3.7 Minimum Plot Area for Various Uses 56 3.8 Provision for Inclusive Housing 56 3.9 Net Plot Area and Computation of FSI 59 3.10 Transfer of DP Sites (other than DP road) in lieu of FSI 60 3.11 Relocation of DP-RP Sites/ Roads 60 3.12 Amalgamation of Plots 61 3.13 Development of Cycle Track Along River and Nallah 61 3.13.1 For Nashik Municipal Corporation. 61 3.13.2 For Other Municipal Corporations. 61
CHAPTER -4
LAND USE CLASSIFICATION AND PERMISSIBLE USES
4.1 General 63 4.2 Land Use Classification and Equivalency of Zones 63 4.5 Low Density Residential Zone 69 4.6 Future Urbanisable Zone 69 4.7 Commercial Zone 69 4.8 Industrial Zone 69 4.8.1 Allowing Residential / Commercial Uses in Industrial Zone 70 4.9 Loom Industry cum Residential Zone. 73 4.10 Public/ Semi Public Zone 73 4.11 Agricultural Zone 74 4.12 Green Belt Zone / River Protection Belt 80 4.13 Traffic and Transportation Zone 81 4.14 Regional Park Zone. 81 4.15 Tourism Development Zone 81 4.16 Afforestation Zone 81 4.17 Hill Top -Hill Slope Zone / Hilly Area 82 4.18 Green Zone-2 82 4.19 Forest Zone 82 4.20 Defense Zone 82 IX 4.21 Mines and Quarry Zone 82 4.22 Public Utility Zone 83 4.23 Woodland Corridor 83 4.24 Special Economic Zone. 83 4.25 Airport and Allied Activities / Service Zone. 83 4.26 Additional Uses. 83 4.27 Uses Permissible in Development Plan Reservations. 83
CHAPTER - 5
ADDITIONAL PROVISIONS FOR REGIONAL PLAN AREAS
5.0 General 87 5.1 For all Regional Plan Areas 87 5.1.1 Development Permissible Adjacent to Gaothan. 87 Regulations for Development of Tourist Resorts / Holiday Homes / Township in Hill Stations Type Areas under Hill Station Policy. 5.1.3 Committed Development 88 5.1.4 Rectification of Draftsman's Error. 88 5.1.5 Highways notified by State / Central Government. 89 5.1.6 Station Area Development. 89 5.1.7 Modification Proposals Already Sanctioned. 89 5.1.8 Provision of Amenity Space. 89 5.19 Residential Zone with Payment of Premium 90 5.2 For Thane-Raigad-Palghar Regional Plan. 90 5.2.1 Development in Tarapur-Boisar Area. 90 5.3 For Ratnagiri – Sindhudurg Regional Plan 90 5.3.1 Area within Ratnagiri District 90 5.3.2 Area within Sindhudurg District 90 5.4 For Kolhapur Regional Plan 93 5.5 For Satara Regional Plan 94 5.6 For Hingoli, Buldhana, Washim, Yawatmal, Nanded Regional Plan 95 5.7 For Raigad Regional Plan 96 5.8 For Solapur Regional Plan 96 5.9 For Pune Regional Plan 96 5.10 Certain Regulations cease to operate in future. 98 CHAPTER – 6 GENERAL BUILDING REQUIREMENTS – SETBACK, MARGINAL
DISTANCE, HEIGHT AND PERMISSIBLE FSI
6.0 General 99 Regulations for Congested Area in Development Plans / Gaothan of Village Settlements in Metropolitan Region Development Authorities and Regional Plans X 6.1.1 Residential Buildings / Residential Buildings with mixed-use 99 Other buildings like Public / Semi-Public, Educational, Medical, Institutional, Commercial, Mercantile, etc.
6.2 Regulations for Outside Congested Area (Non-Congested Area). 103 6.2.1 Marginal Distances and Set-back for Residential Buildings and Mixed Use 103 6.2.2 Other Building. 105 6.2.3 Marginal Distances for Buildings of Higher Heights 110 6.2.4 In the cases of layouts of two or more buildings in a plot for any uses 110 6.2.5 In case of group housing scheme….. 111 6.2.6 Building Abutting Two or More Streets 111 6.3 Permissible FSI 111 6.4 Industrial Buildings 115 6.5 FSI of Green Belt 115 6.6 Calculation of Built-up area for the Purposes of FSI 116 6.7 Permissible Projections in Marginal Open Spaces / Distances 116 6.8 Exclusion of Structures/ Projections for FSI Calculation 117 6.9 Interior and Exterior chowk 118 6.10 Height of Building 118 6.11 Height Exemptions 119 6.12 Requirements in case of Building more than 70 M. Height 119 6.13 FSI of Lands Affected by HEMRL or Other Restrictions 119 6.14 Provision of Recreational Floor 119 CHAPTER – 7
HIGHER FSI FOR CERTAIN USES
7.0 General 121 7.1 Higher F.S.I. 122 Entitlement of FSI for Road Widening or Construction of New Roads / Surrender of Reserved Land Development / Redevelopment of Staff Quarters of the State Government or its Statutory Bodies or Planning Authority Development/ Redevelopment of Housing Schemes of Maharashtra Housing and Area Development Authority 7.5 Protection of FSI in Redevelopment of Existing Buildings 131 7.6 Redevelopment of Old Dilapidated / Dangerous Buildings 131 7.6.1 Redevelopment of Multi-dwelling Buildings of Owner / Owners 131 7.6.2 Redevelopment of Tenanted Buildings 131 7.7 Development of Housing for EWS/ LIG 132 7.8 Regulations for Development of Information Technology Establishment 133 For Municipal Corporation, Area Development Authority and Special Planning Authority area.
For Municipal Council, Nagar Panchayat and Non-Municipal Town Development Plan Area XI 7.8.3 For Regional Plan Area 135 7.9 Regulation for Development of Biotechnology Parks 135 7.10 Incentive for Green Buildings 136 7.11 Development of Public Toilet 137 7.12 Buildings of Smart FinTech Centre 137 CHAPTER – 8
PARKING, LOADING AND UNLOADING SPACES
8.1 Parking Spaces 139 8.2 Off Street Parking Requirement 140 8.2.1 Off Street Parking Requirement 140 8.2.2 Off Street Parking Requirement for Various Planning Authorities / Areas. 145 CHAPTER – 9
REQUIREMENTS OF PART OF BUILDING
9.0 Standard Requirement of Various Parts of Buildings 147 9.1 Plinth 147 9.2 Habitable Rooms 147 9.3 Kitchen 148 9.4 Bath Rooms, Water Closets, Combined Bath Room and Water Closet 148 9.5 Ledge or Tand/Loft 148 9.6 Cupboard 149 9.7 Mezzanine Floor 149 9.8 Store Room 150 9.9 Garage 150 9.10 Roofs 151 9.11 Basements 151 9.12 Ramp 152 9.13 Podium 153 9.14 Balcony 153 9.15 Supported Double Height Terraces 154 9.16 Stilt 154 9.17 Chimneys 154 9.18 Letter Box 154 9.19 Meter Room 154 9.20 Lighting and Ventilation of Room 154 9.21 Overhead Tanks 155 9.22 Parapet 155 9.23 Cabin 155 9.24 Wells 155 9.25 Septic Tanks 156 XII 9.26 Boundary / Compound Wall 156 9.27 Provision of Lift 156 9.28 Exit Requirements 157 9.29 Other Requirements of Individual Exit at Each Floor 160 9.30 Architectural Projections. 163 9.31 Additional Requirements in case of Housing Schemes 164 9.32 Fire Protection Requirement 164 9.33 Service Floor 164 CHAPTER – 10
CITY SPECIFIC REGULATIONS
10.0 General 165 10.1 Pune City Municipal Corporation. 165 10.2 Thane Municipal Corporation area. 168 10.3 Nagpur Municipal Corporation 173 10.4 Nagpur Metropolitan Region Development Authority 173 10.5 Nashik Municipal Corporation 176 10.6 Vasai-Virar City Municipal Corporation 177 10.8 Ulhasnagar City Municipal Corporation 177 10.9 Kolhapur Municipal Corporation 178 10.10 Navi Mumbai Municipal Corporation 184 10.11 National Park and Tungareshwar Eco Sensitive Zone. 190 10.12 Maharashtra Airport Development Company Notified Area. 190 10.13 Bhiwandi Surrounding Notified Area 190 10.14 CIDCO Area Excluding NAINA Area 195 10.14 A CIDCO Area within Panvel Municipal Corporation 196 10.15 Certain Regulations Cease to Operate in Future. 196 CHAPTER – 11
ACQUISITION AND DEVELOPMENT OF RESEVED SITES IN
DEVELOPMENTPLANS
11.0 General 197 Manner of Development of Reserved Site in Development Plan (Accommodation Reservation Principle) 11.2 Regulations for Grant of Transferable Development Rights 212 11.2.1 Transferable Development Rights 212 11.2.2 Cases Eligible for Transferable Development Rights (TDR) 212 11.2.3 Cases not Eligible for Transferable Development Rights (TDR) 213 11.2.4 Generation of the Transferable Development Rights (TDR) 213 11.2.5 Transferable Development Rights (TDR) against Construction of Amenity 215
XIII
11.2.6 Utilisation of Transferable Development Rights (TDR) 215 Utilisation of Transferable Development Rights (TDR) and Road Width Relation 11.2.8 Areas Restricted from Utilisation of Transferable Development Rights (TDR) 216 11.2.9 General Stipulation 217 11.2.10 Transfer of DRC 217 11.2.11 Infrastructure Improvement Charges 218 11.2.12 Vesting of Land 218 11.2.13 Effect of this Regulation 218 11.3 Reservation Credit Certificate (RCC) 218 CHAPTER – 12
STRUCTURAL SAFETY, WATER SUPPLY, DRAINAGE AND
SANITARY REQUIREMENTS, OUTDOOR DISPLAY AND OTHER
SERVICES.
12.1 Structural Design 221 12.2 Quality of Materials and Workmanship 221 12.3 Alternative Materials, Methods of Design & Construction and Tests 221 12.4 Building Services 222 12.5 Water Supply, Drainage and Sanitary Requirements 222 12.6 Drainage and Sanitation Requirements 224 12.6.1 General 224 12.6.2 For Residences 224 12.6.3 For Buildings other than Residences 225 12.7 Signs and Outdoor Display Structures 225 CHAPTER – 13
SPECIAL PROVISIONS FOR CERTAIN BUILDINGS
13.0 General 233 13.1 Provisions for Barrier Free Access 233 13.1.1 Definitions 233 13.1.2 Scope 233 13.1.3 Site Development 233 13.1.4 Building Requirements 234 Installation of Solar Assisted Water Heating (SWH) System/ Roof Top Photovoltaic (RTPV) System 13.3 Rain Water Harvesting 237 13.4 Grey Water Recycling and Reuse 238 13.5 Solid Waste Management 240 CHAPTER – 14
SPECIAL SCHEMES
XIV 14.1.1 For Regional Plan Area 241 14.1.2 For Development Plan Area 259 14.2 Transit Oriented Development (TOD) 261 14.2.1 For Pune Municipal Corporation Area 261 14.2.2 Pune Metropolitan Region Development Authority area. 261 For Nagpur Municipal Corporation and Nagpur Metropolitan Region Development Authority.
For Other Municipal Corporations and Other Metropolitan Region Development Authority Area 14.2.5 Regulations for BRT Corridor in Pimpri-Chinchwad Municipal Corporation. 268 14.3 Affordable Housing Scheme 268 14.4 Pradhan Mantri Awas Yojana 272 14.4.1 For Development Plan Area. 272 14.4.2 For Regional Plan Area. 273 14.5 Conservation of Heritage Buildings / Precincts / Natural Features 274 14.6 Slum Rehabilitation Scheme for Pune, PCMC, PCNTDA and Nagpur. 280 14.7 Slum Rehabilitation Scheme for Other Municipal Corporations. 280 14.8 Urban Renewal Scheme 296 Development of Tourism and Hospitality Services under Community Nature Conservancy Around Wild Life Sanctuaries and National Parks. 14.10 Integrated Information Technology Township (IITP) 313 14.11 Integrated Logistic Park (ILP) 317 14.12 Industrial Township Under Aerospace and Defense Manufacturing Policy 320 14.13 Development of Integrated Industrial Area 321 CHAPTER – 15
REGULATIONS FOR SPECIAL ACTIVITIES / PLANS
15.1 Quarrying Operations 323 15.2 Erection of Mobile Towers 324 15.3 Preparation of Local Area Plan 324 15.4 Guidelines for Street Design in City / Town. 325
APPENDICES
Appendix A-1 Form for Construction of Building or Layout of Buildings / Group Housing 327 Appendix A-2 Form for Sub-Division of Land as Plotted Layout 336 Appendix B Form for Supervision 342 Appendix C Qualification, Competence, Duties and Responsibilities etc. of Licensed Technical Personnel or Architect for Development Permission and Supervision. Appendix D-1 Form for Sanction of Building Permission and Commencement Certificate 350 Appendix D-2 Form for Tentative Approval for Demarcation of Land / Sub-Division Layout 351 Appendix D-3 Form for Final Approval to the Land Sub-Division / Layout 352 Appendix E-1 Form for Refusal of Building Permit/ Commencement Certificate 353 XV Appendix E-2 Form for Refusal of Land Sub-Division/ Layout 354 Appendix F Form for Intimation of Completion of Work up to Plinth Level 355 Appendix G Form for Completion Certificate 356 Appendix H Form for Full / Part Occupancy Certificate 357 Appendix I Form for Refusal of Occupancy Certificate 358 Appendix J Form of Indemnity for Part Occupancy Certificate 359 Appendix K Approvals of Building Permission Based on Risk Based Categorization 360 Appendix K-1 Form for Permission of Construction of Building on a plot upto 150 sq.m. 363 Appendix L Heritage List Card (Town & Region) 364 Appendix M Typical Plans & Cross-section of the Road. 369
PLANS
Plan - A Nallahs Identified for Cycle Track in Nashik Municipal Corporation Area. 381 XVI CHAPTER – 1
ADMINISTRATION
1.0 SHORT TITLE, EXTENT & COMMENCEMENT These regulations shall be called as “Unified Development Control and Promotion Regulations for Maharashtra” (hereinafter called “These Regulations” or "Unified Development Control and Promotion Regulations" - UDCPR ) 1.1 Extent and Jurisdiction i) These regulations shall apply to the building activities and development works on lands within the jurisdiction of 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.
ii) These 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.
1.2 Commencement of Regulations These regulations shall come into force with effect from the date of publication of notification in the official Gazette. All the Development Control Regulations / special Regulations which are in operation shall cease to operate.
1.3 DEFINITIONS In these Regulations, unless the context otherwise requires, the definitions given hereunder, shall have meaning indicated against each of them.
Words and expressions which are not defined in these Regulations, shall have the same meaning or sense as in the :- i) Maharashtra Regional and Town Planning Act, 1966;
ii) Maharashtra Municipal Corporations Act, 1949;
iii) Nagpur Improvement Trust Act, 1936;
iv) Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965; v) Maharashtra Metropolitan Region Development Authority Act, 2016; vi) Maharashtra Land Revenue Code, 1966;
vii) Real Estate (Regulation and Development) Act, 2016;
viii) National Building Code of India, 2016;
ix) Maharashtra Housing and Area Development Act, 1976;
x) Maharashtra Slum Areas (Improvement, Clearance And Redevelopment) Act, 1971.
1. Act – means the Maharashtra Regional & Town Planning Act, 1966 as may be amended from time to time.
2. Addition / Alteration– means any change in existing authorized building or change from one occupancy to another, or a structural change, such as an addition to the area or height, or the removal of part of a building, or any change to the structure, such as the construction of, cutting into or removal of any wall, partition, column, beam, joist, floor, roof or other support or a change to or closing of any required means of ingress or egress or a change to the fixtures of equipment as provided under these regulations. However, modification in regards to gardening, white washing, painting, plastering, pointing, paving and retiling shall not be deemed to be alteration.
3. Advertising Sign– means any surface or structure with characters, letters or illustrations applied thereto and displayed outdoor in any manner whatsoever for purposes of advertising or to give information regarding or to attract the public to any place for public performance, article or merchandise whatsoever, or is attached to, or forms a part of building, or is connected with any building or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body.
4. Air-conditioning – means the process of treating air so as to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of conditioned space.
5. Accessory Building – means a building separate from the main building on a plot and containing one or more rooms for accessory use such as servant quarters, garage, store rooms etc.
6. Accessory / Ancillary Use – means any use of the premises subordinate to the principal use and incidental to the principal use.
Amenity Space - for the purpose of these regulations, amenity space means a statutory space kept in any layout to be used for any of the amenity such as open spaces, parks recreational grounds, playgrounds, sports complex, gardens, convenience shopping, parking lots, primary and secondary schools, nursery, health club, Dispensary, Nursing Home, Hospital, sub post-office, police station, electric substation, ATM of banks, electronic cyber library, open market, garbage bin, assisted living and hospice together, senior citizen housing and orphanage together, project affected persons' housing, auditorium, conventional centre, water supply, electricity supply and includes other utilities, services and conveniences.
8. Annual Statements of Rates – means the Annual Statements of Rates (ASR) published by the Inspector General of Registration, Maharashtra State, Pune.
9. Architectural projection –means a chajja, cornice etc. which is a protrusion from the building facade or line of the building only for aesthetic purpose and not used for any habitable purpose.
10. Access – means a clear approach to a plot or a building.
11. Architect - An Architect who is a member of the Indian Institute of Architects and duly registered with the Council of Architecture under the Architects Act, 1972.
12. Apartment - means whether called block, chamber, dwelling unit, flat, office, showroom, shop, godown, premises, suit, tenement, unit or by any other name, means a separate and self-contained part of any immovable property, including one or more rooms or enclosed spaces, located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for any residential or commercial use such as residence, office, shop, showroom or godown or for carrying on any business, occupation, profession or trade, or for any other type of use ancillary to the purpose specified.
13. Applicant–means any person who is an owner or a person having an irrevocable registered Power of Attorney of an owner and any other document as acceptable to the Authority.
14. Authority – means :
i) in the case of a Municipal Corporation, the Municipal Commissioner or such other officer as he may appoint in this behalf;
ii) in the case of a Zilla Parishad, the Chief Executive Officer or such other officers as he may appoint in this behalf;
iii) in the case of a Municipal Council, the Chief Officer of the Council; and iv) in the case of any other local authority, Special Planning Authority, New Town Development Authority or Area Development Authority, the Chief Executive Officer or person exercising such powers under Acts applicable to such authorities; v) in the area of a Regional Plan, the Collector of the District; vi) in case of Development Authorities established under the Metropolitan Region Development Authorities Act, Metropolitan Commissioner or such other officer as he may appoint in this behalf;
vii) in case the land is situated in the gaothan, within the meaning of clause (10) of section 2 of the Maharashtra Land Revenue Code, 1966, the village Panchayat concerned.
15. Atrium – means a sky lighted and naturally/mechanically ventilated area in a building, with no intermediate floors and used as circulation space or entrance foyer.
16. Balcony – means a horizontal cantilever projection, including parapet, handrail or balustrade to serve as a passage or sitting out place with at least one side open, except for the railing or parapet wall for safety.
Also, non-cantilever balcony shown in the illustration below shall be treated as balcony.
17. Basic FSI – means floor Space Index permissible without levy of premium or loading of TDR on any parcel of land as per the provisions of these regulations.
18. Basement/Cellar – means the lower storey of a building below or partly below the ground level with one or more than one levels.
19. Biotechnology Unit / Park – means a Unit or a Park which is certified as such by the Development Commissioner (Industries).
20. Building – means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, wells, door steps, fencing, plumbing and building services, fixed - platforms, varandahs, balcony; cornice or projection, part of a building or anything affixed thereto or any wall fence enclosing or intended to enclose any land or space and signs and outdoor display structures. However, tents, shamiyanas and the tarpaulin shelters erected for temporary and ceremonial occasions with the permission of the Authority shall not be considered as building.
21. Built up Area – means the area covered by a building on all floors including cantilevered portion, mezzanine floors, if any, but excluding the areas specifically exempted from computation of Floor Space Index (F.S.I.) under these Regulations.
22. Building Line – means the line up to which the plinth of a building adjoining a street or an extension of a street or on a future street may lawfully extend. It includes the lines prescribed, if any, in any scheme and / or development plan / Regional Plan, or under any other law in force.
23. Building Height – means the vertical distance measured in the case of flat roofs, from the average level of the ground around and contiguous to the building or as decided by the Authority to the terrace of last floor of the building adjacent to the external walls; to the highest point of the building and in the case of pitched roofs, up to the point where the external surface of the outer wall intersects the finished surface of the sloping roof; and in the case of gable facing road, the mid-point between the eaves level and the ridge. Architectural features serving no other function except that of decoration, terrace water tank, staircase roof and parapet wall shall be excluded for the purpose of measuring heights.
24. Cabin – means a non-residential enclosure constructed of non-load bearing, non-masonry partitions.
25. Carpet area – means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or veranda area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment. Explanation (1) -The expression "exclusive balcony or veranda area" means the area of the balcony or veranda, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee; and "exclusive open terrace area" means the area of open terrace which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee.
Explanation (2) - If in any regulation of these regulations, carpet area is defined different than what is mentioned here, then carpet area as mentioned in that regulation, shall be applicable
26. Chajja – means a sloping or horizontal structural overhang usually provided over openings on external walls to provide protection from sun and rain and for purpose of architectural appearance.
27. Chief Fire Officer – means a Chief Fire Officer as specified in the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 and Rules there under as amended from time to time.
28. Chimney – means an upright shaft containing one or more flues provided for the conveyance to the outer air of any product of combustion resulting from the operation of heat producing appliance or equipment employing solid, liquid or gaseous fuel.
29. Cluster – means any area of land so defined, under these regulations.
30. Combustible Material – means a material which when burnt adds heat to a fire when tested for combustibility in accordance with IS 3808-1979: Method of test for non-combustibility of building materials (first revision) given in the National Building Code.
31. Congested Area – In case of Regional Plan area, a land included within the gaothan as determined under Maharashtra Land Revenue Code, 1966, and in case of other areas as specifically earmarked in the Development Plan/ Planning Proposal. (In case of Nashik Municipal Corporation, congested area is referred to as Core area).
32. Control Line – means a line on either side of a highway or part of highway beyond the building line fixed in respect of such highway by the Highway Authority from time to time.
33. Courtyard or Chowk – means a space permanently open to sky enclosed on sides fully or partially by buildings and may be at ground level or any other level within or adjacent to a building.
Canopy – means a cantilevered projection over any entrance to a building.
35. Convenience Shops – means shops for day-to-day domestic needs, as distinguished from wholesale trade or departmental store.
36. Corridor – means a common passage or circulation space including a common entrance space.
37. Curb Cut – means a small solid (usually concrete) ramp that slopes down from the top surface of a sidewalk or footpath to the surface of an adjoining street. It is designated for ease of access for pedestrians, bicyclists and differently abled people.
38. Detached Building – means a building whose walls and roofs are independent of any other building with marginal distances on all sides as may be specified.
39. Development – Development with its grammatical variations means the carrying out of buildings, engineering, mining or other operations in or over, or under land or the making of any material change, in any building or land or in the use of any building or land or any material or structural change in any Heritage building or its precinct and includes demolition of any existing building, structure or erection of part of such building, structure or erection and reclamation, redevelopment and layout or sub-division of any land and to develop shall be construed accordingly.
40. Development Rights – means right to carryout development or to develop the land or building or both and shall include the transferable development right in the form of right to utilize the floor space index of land utilizable either on the reminder of the land partially reserved for public purpose or elsewhere as the development control& promotion regulations in this behalf provide.
41. Dharmashala – means a building used as a place of religious assembly, rest house, a place in which charity is exercised with religious or social motives, or a place where in a certain section of people have a right of residence or are granted residence without payment or on nominal payment.
42. Development Plan – means a plan for the development or re-development of the area within the jurisdiction of a Planning Authority and includes revision of a Development Plan and Planning Proposals of a Special Planning Authority for development of land within its jurisdiction.
43. Drain – means a system or a line of pipes, with their fittings and accessories, such as manholes, inspection chambers, traps, gullies, floor traps used for the drainage of building, or number of building or land appurtenant to the buildings within the same cartilage. A drain shall also include open channel for conveying surface water or a system for the removal of any liquid.
44. Dwelling Unit / Tenement – means an independent housing unit with separate facilities for living, cooking and sanitary requirements.
45. Eating House – means any premises where any kind of food is prepared or supplied for consumption by public for a profit or gain of any person owning or having an interest in or managing such premises.
46. Enclosed Stair case – means a stair case separated by fire resistant walls and door(s) from the rest of the building.
47. Energy Efficient Building – means a building compliant with the provisions of Energy Conservation Building Code (ECBC).
48. Existing Building or use – means a building, structure or premises or its use existing on ground.
49. Exit – means a passage, channel or means of egress from any building, storeys or floor area to a street or other open space of safety.
i) “Horizontal Exit” means a protected opening through or around a firewall or a bridge connecting two or more buildings;
ii) “Outside Exit” means an exit from a building to a public way, or to an open area leading to a public way, or to an enclosed fire resistant passage leading to a public way; iii) “Vertical Exit” means an exit used for ascension or dissension between two or more levels including stairways, smoke-proof towers, ramps, escalators and fire escapes;
50. External Wall – means an outer wall of a building not being a party wall even though adjoining to a wall of another building and also means a wall abutting on an interior open space of any building.
51. Escalator – means a power-driven, inclined, continuous stairway used for ascending or descending between floors or bridge over a road/ railway line.
52. Escape Route – means any well-ventilated corridor, staircase or other circulation space, or any combination of the same, by means of which a safe place in the open air at ground level can be reached.
53. Fire and/ or Emergency Alarm System – means an arrangement of call points or detectors, sounders and other equipment's for the transmission and indication of alarm signals, for testing of circuits and, whenever required, for the operation of auxiliary services. This device may be workable automatically or manually to alert the occupants in the event of fire or other emergency.
54. Fire Lift – means a special lift designed for a use of fire service personnel in the event of fire or other emergency.
55. Fire Proof Door – means a door or shutter fitted to a wall opening made of fire resistant material to prevent the transmission and spread of heat, smoke and fire for a specified period.
56. Fire Pump – means a machine driven by external power of transmitting energy to fluids by coupling the pump to a suitable engine or motor, which may have varying outputs/capacity but shall be capable of having a pressure of 3.2 kg/cm2 at the topmost level of a multi-storied or high rise building.
57. Fire Resistance – means the time during which a material fulfils its function of contributing to the fire safety of a building when subjected to prescribed conditions of heat and load or restraint. The fire resistance test of structures shall be done in accordance with "IS 3809 (1979): Fire resistance test for structures"
58. Fire Resisting Material – means a material which has certain degree of fire resistance.
59. Fire Separation – means the distance in meters measured from any other building on the site, or from other site, or from the opposite side of a street or other public space to the building.
60. Fire Service Inlet – means a connection provided at the base of a building for pumping up water through in-built fire-fighting arrangements by fire service pumps in accordance with the recommendations of the Chief Fire Officer.
61. Fire Tower – means an enclosed staircase which can only be approached from the various floors through landings or lobbies separated from both, the floor areas and the staircase by fire resisting doors and open to the outer air.
62. Floor – means the lower surface in a storey on which one normally walks in a building. The general term floor, unless otherwise specifically mentioned, shall not refer to a mezzanine floor. Note - The sequential numbering of floors shall be determined by its relation to the determining entrance level. For floor at or above ground level, with direct entrance from / to road or street shall be termed as ground floor. The other floors above ground floor shall be numbered in sequence as Floor 1, Floor 2, etc., with the number increasing upwards. The stilt shall be termed as stilt floor or Stilt floor 1, Stilt floor 2 etc. and floors above shall be numbered as Floor 1, Floor 2, etc.
63. Floor space index (F. S. I) – means the quotient obtained by dividing the area covered by P line as mentioned in Regulation No. 6.6 by the net area of the plot. F.S.I. = Area covered by P line as mentioned in Regulation No. 6.6on all floors /Net Plot area “Premium FSI” means the FSI that may be available on payment of premium as may be prescribed under these regulations.
64. Footing – means a foundation unit constructed in brick work, masonry or concrete, steel or any other material permissible as per IS Code under the base of a wall or column for the purpose of distributing the load over a large area.
66. Foundation – means that part of the structure which is in direct contact with transmitting loads to the ground.
66. Front Open Space/Margin / Setback – means the distance between the boundary line of plot abutting the means of access/ road/ street and the building line. In case of plots facing two or more means of accesses / roads / streets, the plot shall be deemed to front on all such means of accesses / roads / streets.
67. Gallery – means an intermediate floor or platform projecting from a wall of an auditorium of a hall providing extra floor area, additional seating accommodation etc. These shall also include the structures provided for seating in stadia.
68. Garage -A) Private Garage – means a building or portion thereof having a roof and walls on three sides, designed and used for parking of privately owned motor driven or other vehicles within a project. A private garage is not operated for gain and not designed or used for repairing, servicing, hiring, selling etc. of such vehicles. It does not include an unenclosed or uncovered parking space such as open parking areas.
B) Public Garage – means a building or portion thereof designed as a garage operated for gain, and used for repairing, servicing, hiring, selling or storing or parking of motor driven or other vehicles.
69. Grey Water – means waste water from kitchen sink, bathrooms, tubs, showers, wash basins, washing machines and dish washers excluding the waste water from water closets (W.C.).
70. Group Housing Scheme – means a building or a group of buildings constructed or to be constructed with one or more floors, consisting of more than one dwelling units and having common service facilities. Common service facilities means facilities like stair case, balcony, corridor and varandahs, lift, etc.
71. Ground Level –means the average level of the ground in a plot.
72. Habitable Room – means a room constructed or intended for human habitation and uses incidental thereto, including kitchen if used as a living room but excluding a bathroom, water closet compartment, laundry, serving and storing pantry, corridor, cellar, attic and spaces not frequently used.
73. Hazardous Material means - i) Radioactive substances;
ii) Material which is highly combustible or explosive and/or which may produce poisonous fumes or explosive emanations or storage, handling, processing or manufacturing of which may involve highly corrosive, toxic or noxious alkalis or acids or other liquids; iii) Other liquids or chemicals producing flame, explosives, poisonous irritant or corrosive gases or which may produce explosive mixtures of dust or fine particles capable of spontaneous ignition.
74. High-rise Building – means a building having a height of 24 m. or more above the average surrounding ground level. Excluding chimneys, cooling towers, boiler, rooms / lift machine rooms, cold storage and other non-working areas in case of industrial buildings, and water tanks, and architectural features in respect of other buildings.
75. Home Occupation – means customary home occupation other than the conduct of an eating or a drinking place offering services to the general public, customarily carried out by a member of the family residing on the premises without employing hired labour, and for which there is no display to indicate from the exterior of the building that it is being utilised in whole or in part for any purpose other than a residential or dwelling use, and in connection with which no article or service is sold or exhibited for sale except that which is produced therein, which shall be non-hazardous and not affecting the safety of the inhabitants of the building and the neighbourhood, and provided that no mechanical equipment is used except that as is customarily used for purely domestic or household purposes and/or employing licensable goods. Home Occupation may also include such similar occupations as may be specified by the Authority.
76. Layout Open Space / Recreational Open Space – means a statutory common open space kept in any layout, sub-division or group housing scheme or campus planning exclusive of margins and approaches.
77. Ledge or Tand – means a shelf like projection, supported in any manner whatsoever, except by vertical supports within a room.
78. Licensed Engineer / Structural Engineer / Supervisor – means a qualified Engineer / Structural Engineer / Town Planner / Supervisor licensed by the Authority.
79. Lift – means an appliance designed to transport persons or materials between two or more levels in vertical or substantially vertical directions, by means of a guided car platform.
80. Lift Lobby – means a space from which people directly enter lift car(s) and in to which people directly enter upon exiting lift car(s).
81. Lift Machine – means part of the lift equipment comprising the motor(s) and the control gear there with, reduction gear (if any), brakes and winding drum or sheave, by which the lift car is raised or lowered.
82. Lift Well – means unobstructed space within an enclosure provided for the vertical movement of the lift car(s) and any counter weights, including the lift pit and the space for top clearance.
83. Loft – means an intermediate floor between two floors which is constructed for storage purpose and as defined in these regulations.
84. Mall – means a large enclosed area comprising of shopping, entertainment and eating facilities and facilities incidental thereto.
85. Side and Rear Marginal Open Space / Marginal Distance – means a minimum distance required to be left open to sky between the boundary of the building plot and the building line on respective sides.
86. Masonry – means an assemblage of masonry units properly bound together with mortar.
87. Mezzanine floor – means an intermediate floor between two floors of any story, forming an integral part of floor below, overhanging or overlooking a floor beneath, not being a loft between the floor and ceiling of any storey.
88. Means of Access – means the road/ street/ vehicular access way, pathway upto the plot and to the building within a plot.
89. Multiplex/Multiplex Theatre Complex (MTC) – means a place of public entertainment for the purpose of exhibition of motion pictures with multiple screens and/or dramas and other social or cultural programmes as described in Maharashtra Entertainment Duty Act, 1923.
90. Net Plot Area – means area of the plot as defined in these regulations.
91. Non-conforming User – means any lawful use/building existed on the site but which does not conform to the zoning shown on the Development Plan/Planning Proposal/Regional Plan in force.
92. Noise Barrier – means an exterior structure/part of structure designed to protect inhabitants of sensitive land use areas from noise pollution.
93. Occupancy or Use Group – means the principal occupancy or use for which a building or a part of a building is used, or intended to be used. Occupancy shall be deemed to include subsidiary occupancies which are contingent upon principal occupancy or use. Buildings with mixed occupancies are those in which, more than one, occupancy is present in different portions of the building. The occupancy classification shall have the meaning given in this regulation, unless otherwise spelt out in any plan under the Act.
i) Residential Building means any building in which sleeping accommodation is provided for normal residential purposes with or without cooking or dining or both facilities. It includes one or two or multi-family dwellings, lodging or rooming houses, residential hotels, hostels, dormitories, Dharmashala, apartment houses, flats, service apartments, studio apartments and private garages incidental thereto;
ii) Educational Building means a building exclusively used for a school or college recognized by the appropriate Board or University, or any other competent authority involving assembly for instruction, education or recreation incidental to educational use, and including a building for such other uses incidental thereto such as library, multi-purpose hall, auditorium or a research institution. It shall also include quarters for essential staff required to reside on the premises and a building used as a hostel attached or independent to an educational institution whether situated on or off its campus and also includes buildings used for day- care purposes for more than 8 hours per week;
iii) Institutional Building means a building constructed or used for research in education, health and other activities, for medical or other treatment, hostel for working women/ persons/ students but not for lodging, an auditorium or complex for cultural and allied activities or for an hospice, care of persons suffering from physical or mental illness, handicap, disease or infirmity, care of orphans, abandoned women, children and infants, convalescents, destitute or aged persons and for penal or correctional detention with restricted liberty of the inmates ordinarily providing sleeping accommodation, and includes hospitals, sanatoria, custodial and penal institutions such as jails, prisons, mental hospitals, houses for correctional detention and reformatories;
iv) Assembly Building means any building or part of a building where groups of people congregate or gather for amusement, recreation or social, religious, patriotic, civil, travel and similar purposes, e.g. theatres, motion picture houses, drive-in-theatres, multiplexes, assembly halls, city halls, town halls, auditoria, exhibition halls, museums, mangal- karyalayas, cultural centres, skating rinks, places of worship, dance theatres, clubs & gymkhanas, malls, passenger stations and terminals of air, surface and other public transportation services, recreation piers and stadia;
v) Business Building means any building or part thereof which is used for transaction of business for the keeping of accounts and records for similar purposes; offices, banks, professional establishments, I.T. establishments, call centres, offices for private entrepreneurs etc. shall be classified in this group in so far as principal function of these is transaction of public business and the keeping of books and records;
vi) Office Building / Premises means the premises whose sole or principal use is to be used as an office or for office purpose; “office purposes” shall include the purpose of administration, clerical work, handling money, telephone/telegraph/ computer operations; and ‘clerical work’ shall include writing, book-keeping, sorting papers, typing, filing, duplicating, drawing of matter for publication and the editorial preparation of matter for publication and such other activities;
vii) Mercantile (Commercial) Building means any building or part of a building which is used as shops, stores, market, malls for display and sale of merchandise, either wholesale or retail, including office, storage and service facilities incidental to the sale of merchandise and located in the same building;
viii) Public/ Semi-public Building means a building used or intended to be used, either ordinarily or occasionally by the public such as (a) offices of State or Central Government, any public sector undertaking or statutory or local Authority or Semi Government Organization (b) a place for public worship, etc.;
ix) Wholesale Establishment means an establishment, wholly or partly engaged in wholesale trade, manufacturers’ wholesale outlets including related storage facilities, A.P.M.C. establishments, warehouses and establishments engaged in truck transport including truck transport booking agencies;
x) Industrial Buildings means any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed like assembling plants, laboratories, power plants, smoke houses, refineries, gas plants, mills, dairies, factories etc.;
xi) Storage Buildings means any building or part of a building used primarily for the storage or sheltering of goods, wares or merchandise, like warehouses, cold storages, freight depots, transit sheds, godowns, store houses, public garages, hangars, truck terminals, grain elevators, barns and stables;
xii) Hazardous Building means any building or part of a building which is used for the storage, handling, manufacture or processing of radioactive, highly combustible or explosive materials or products which are liable to burn with extreme rapidity and / or which may produce poisonous fumes or explosive emanations during storage, handling, manufacturing or processing, which involve highly corrosive, toxic or noxious alkalis, acids or other liquids or chemicals producing flames, fumes and explosive mixtures of dust or which result in the division of matter into fine particles capable of spontaneous ignition; xiii) Information Technology Building / Establishment (ITE) means an establishment which is in the business of developing either software or hardware relating to computers or computer technology as approved by Director of Industries.
xiv) Special Building means- i)any multi-storeyed building which is more than 24 m. in height measured from ground level, or ii) buildings for educational, assembly, mercantile, institutional, industrial, storage and hazardous occupancies having built-up area 500 sq.m. or more on any floor irrespective of height of such building , or iii) any building with mixed occupancies with any of the aforesaid occupancies in (ii) above with built-up area 500sq.m.or more on any floor irrespective of height of such building. xv) Yatri Niwas means a building used for accommodation of tourist, traveller etc.
94. Owner – means a person who has legal title to land or building and includes any person for the time being receiving or entitled to receive, whether on his own account or as agent, trustee, guardian, manager or receiver for another person or for any religious or charitable purposes the rents or profits of the property in connection with which it is used;
95. Parapet – means low wall or railing built along the edge of a roof, terraces, balcony, varandah etc.
96. Parking Space – means an enclosed or unenclosed, covered or open area or area provided by mechanical means sufficient in size to park vehicle. Parking spaces shall be served by a driveway connecting them with a street or alley and permitting ingress or egress of vehicles.
97. Partition–means an interior non-load-bearing barrier, one storey or part-storey in height.
98. Permit / Permission – means permission or authorization in writing by the Authority to carry out the work regulated by these regulations.
99. Plinth – means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground.
100. Plot / Site – means a parcel or piece of land enclosed by definite boundaries.
101. Pandals / Shamiyanas – means a temporary structure with roof or walls made of canvas, cloth other like material which is not adopted for permanent or continuous occupancy.
102. Porch – means a covered surface supported on pillars or otherwise, for the purpose of pedestrian or vehicular approach to an entrance in a building.
103. Podium – means a floor of a building extending beyond building line/s and used for parking, recreational open space, recreation, fire and building services/ utilities and incidental purposes, as specified in these regulations.
104. Reconstruction – means a reconstruction in whole or part of a building which has ceased to exist due to an accidental fire, natural collapse or demolition after having been declared unsafe by the Authority, or which is likely to be demolished by or under the order of the Authority/ Other Competent Municipal Officer.
105. Refuge Area – means an unenclosed space in a multi-storied building specifically provided to serve as fire-proof space to gather easily for evacuation of the occupants.
106. Refuse Chute – means a vertical pipe system passing from floor to floor provided with ventilation and inlet openings for receiving refuge from successive flats and ending at ground floor on top of the collecting chamber.
107. Road / Street – means any highway, street, lane, pathway, alley, stairway, passageway, carriageway, footway, square place or bridge, tunnel, underpass, elevated road, whether a thoroughfare or not, over which the public have a right of passage or access or have passed and had access uninterruptedly for a specified period, whether existing or proposed in any scheme, and includes all bunds, channels, ditches, storm-water drains, culverts, sidewalks, traffic islands, roadside trees, hedges, retaining walls, fences, barriers and railings within the street lines.
108. Road / Street Line – means the line defining the side limit of a road / street.
109. Road width or Width of road/street – means the whole extent of space within the boundaries of a road when applied to a new road/street, as laid down in the city survey or development plan or prescribed road lines by any act or law and measured at right angles to the course or intended course or direction of such road.
110. Room Height – means the vertical distance measured from the finished floor surface to the finished slab surface of a room. In case of pitched roofs, the room height shall be the average height between bottom of the eaves and bottom of the ridge from the finished floor surface.
111. Roof Top Photovoltaic (RTPV) System – means any of the two Photovoltaic Systems installed on the roof of any building, i.e. (i) RTPV System with storage facility using battery, and (ii) Grid
112. Row Housing – means a row of houses with only front and rear open spaces except end houses which shall be with side open spaces.
113. Semi Detached Building – means a building detached on three sides with marginal distances as specified and on the fourth side attached to a building in an adjoining plot.
114. Service Apartment – means premises other than a lodge or hotel, in which furnished rooms or a suite of rooms are let out on short/long term basis.
115. Service Floor – means a non-habitable floor with a height not more than 1.8m. from floor level to soffit of beam, generally provided in special buildings, wherever required, wherefrom services like water supply, sewage disposal system, electricity etc. are co-coordinated/ maintained.
116. Service Road – means a local road on a continuous alignment that normally runs adjacent and parallel to main roads like National or State Highways and provides access to properties bordering it.
117. Site corner – means the side at the junctions of and fronting on two or more intersecting streets.
118. Site, Depth of Site – means the mean horizontal distance between the front and rear side boundaries.
119. Solar Assisted Water Heating (SWH) System – means a device to heat water using solar energy as heat source.
120. Double Frontage – means a site, having a frontage on two streets other than a corner plot.
121. Site, Interior or Tandem – means a site, access to which is by a passage from a street whether such passage forms part of the site or not.
122. Smoke Stop Door – means a door for preventing or checking the spread of smoke from one area to another.
123. Stair Cover/Staircase Room – means a structure with a covering roof over a staircase and its landing built to enclose only the stair and its landings for the purpose of providing protection from weather which should not be used for human habitation.
124. Stall – means a small shop, floor area of which does not exceed 5.0 sq.m.
125. Storage – means a place where goods are stored.
126. Store Room – means a room used as storage space.
127. Storey – means the portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
128. Stilts or Stilt Floor – means the portion of a building above ground level consisting of structural columns supporting the super-structure with at least two sides open and without any enclosures and used for the purpose of parking vehicles like cars, scooters, cycles, etc. and other services as may be permitted under these Regulations.
129. Sub-station (Electric) – means a station for transforming or converting electricity for the transmission or distribution thereof and includes transformers, converters, switchgears, capacitors, synchronous condensers, structures, cables and other appurtenant equipment and any buildings used for that purpose and the site thereof.
130. Supported Double Height Terraces – means open terraces, unenclosed on at-least one side with railing and lying wholly within building line with supports underneath and having minimum height of two floors.
131. Tenement – means an independent dwelling unit with a kitchen or cooking alcove.
132. Terrace – means an open-to-sky flat roof of a building or part of a building, provided with a parapet for safety and with or without any cantilevered portion.
133. Theatre – means a place of public entertainment for the purposes of exhibition of motion picture and/or dramas and other social or cultural programs
134. Travel Distance – means the distance from the remotest point on a floor of a building to a place of safety, be it a vertical exit, horizontal exit or an outside exit measured along the line of travel.
135. Tower like structure – means a structure in which the height of the tower like portion is at least twice the width of the broader base.
136. Unsafe Building – means buildings which are structurally unsafe, unsanitary or not provided with adequate means of ingress or egress which constitute a fire hazard or are otherwise dangerous to human life or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation or abandonment.
137. Varandah – means a covered area with at least one side open to the outside with the exception of 1 m. high parapet on the upper floors to be provided on the open side.
138. Water Closet (WC) – means a privy with arrangement for flushing the pan with water. It does not include a bathroom.
139. Water Course – means a natural channel meant for carrying storm water and includes an artificial one formed by training or diversion of a natural channel;
i) “Major Water Course” means a river.
ii) “Minor Water Course” means a nallah.
140. Window – means an opening to the outside other than the door which provides all or part of the required natural light, ventilation or both, to the interior space.
141. Wing of a Building – means a part of a building with independent access, staircase and lift connected to other parts with common basement/ stilt/ podium/ terrace/ common wall and connecting passages.
1.4 APPLICABILITY OF REGULATIONS i) 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.
ii) Part Construction: Where 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.
iii) 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.
iv) Reconstruction: 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.
v) 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 / sub- division plan is being altered, these Regulations shall apply only to that part which is being altered.
vi) 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.
vii) Exclusions: 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.
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 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 validity period and such permission is not renewed, then the said development permission shall be deemed to have been lapsed.
Provided further that, it shall be permissible for the owner to - a) Either continue to develop the project as approved under the erstwhile regulations in toto; and for that limited purpose erstwhile regulation shall remain in force, or b) 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.
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 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.
d) The existing marginal distances including front margin may be allowed for higher floor / floors subject to step margin as per these regulations.
e) 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.
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.
h) 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. 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. 1.6 APPLICABILITY OF OTHER REGULATIONS i) CRZ Regulations - Any development within CRZ areas shall be governed by the Coastal Regulation Zone Notification No.
S.O.19(E) dt. 6th January, 2011and No.
G.S.R. 37(E), dated 18th January, 2019 as amended or replaced from time to time, wherever applicable. ii) Restriction in Western Ghat Eco Sensitive Area - The restrictions in the Western Ghat Eco Sensitive Area imposed by the notification issued from time to time by Ministry of Environment, Forest and Climate Change, Government of India, shall be followed. ii) Other Regulations - Any other Restrictions imposed under the relevant regulations/ Rules / Acts shall also be applicable, wherever applicable.
1.7 POWER TO PRESCRIBE THE PROFORMAS The Authority, with the approval of Government, shall have the powers to prescribe proformas/ appendices and/ or make amendments in the contents of such proformas/appendices A to M attached with these regulations.
1.8 POWER TO DECIDE CHARGES The charges mentioned in these regulations for additional FSI, premium FSI, rate of interest or for any other matter shall be subject to amendment by the Government from time to time. Wherever the rate of premium is to be decided based on rates mentioned in ASR, rate in the ASR shall be of the year of granting the permission.
1.9 MEANINGS AS IN ACTS, RULES & INTERPRETATIONS i) Terms and expressions not defined in these regulations shall have the same meaning or sense as in the Maharashtra Regional and Town Planning Act, 1966 (Maharashtra Act No. XXXVII of 1966) or the Maharashtra Municipal Corporations Act, 1949 or National Building Code2005 as amended from time to time and the rules or bye-laws framed there under, as the case may be, unless the context otherwise requires. ii) The Maharashtra General Clauses Act, as amended from time to time shall be applicable in case of standard terms and phrases as defined and interpreted therein, iii) In these regulations, the use of the present tense includes the future tense, the masculine gender includes the feminine and neutral genders, the singular includes the plural and plural includes singular. The word "person" includes a corporation as well as an individual; "writing" includes printing, typing, e-communication and "signature" includes e-signature, digital signature and thumb impression of a person unable to sign, provided that his name is written below such impression.
iv) Whenever sizes and dimensions of rooms and spaces within buildings are specified, they shall mean clear dimensions unless otherwise specified in these regulations. However, sizes and dimensions may not be disputed with reference to finished/unfinished surfaces unless they affect overall dimensions of the building.
v) If any question or dispute arises with regard to interpretation of any of these regulations the matter shall be referred to the State Government, who, after considering the matter and, if necessary, after giving hearing to the parties, shall give a decision on the interpretation of the provisions of these regulations. The decision of the Government on the interpretation of these regulations shall be final and binding on the concerned party or parties. vi) In the case of provisions of other Acts/ Rules/ Regulations which are incorporated in these regulations, the amendments made subsequently in parent Acts/Rules/Regulations, will automatically be applicable, wherever applicable, to these regulations. vii) If a Marathi version of these Regulations exists and if there is a conflict in interpretation of any clause between English & Marathi versions of these Regulations, then the interpretation of English version shall prevail.
1.10 REMOVAL OF DIFFICULTIES.
If any difficulty arises in giving effect to the provisions of this Unified Development Control and Promotion Regulations, the State Government may, by order published in the official Gazette, give such directions, as may appear to it to be necessary or expedient for the purpose of removing the difficulty.
Provided that, no such order shall be made after the expiry of a period of 1 years from the date of coming in to force of this Unified Development Control and Promotion Regulations. CHAPTER – 2
DEVELOPMENT PERMISSIONAND COMMENCEMENT
CERTIFICATE
2.1 PERMISSION FROM THE PLANNING AUTHORITY IS MANDATORY 2.1.1 Necessity of Obtaining Permission: No person shall carry out any development work including development of land by laying out into suitable plots or amalgamation of plots or development of any land as 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 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, 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, subject to intimation to the authority. 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
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 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 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 operational construction of the Government or Government undertaking, whether of temporary or permanent nature, which is necessary for the operation, maintenance, development or execution of any of the following services : a) Railways;
d) Airway 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 room, relay room for transmission, distribution, etc. of electricity;
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 Mono rail / 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 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, sewers 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 building (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 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.
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 building, which do not amount to additions or alternations. Only intimation to the Authority by the owner alongwith 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.
2.2 PROCEDURE FOR OBTAINING DEVELOPMENT PERMISSION/BUILDING
PERMISSION/COMMENCEMENT CERTIFICATE
2.2.1 Notice/ Application Every person who intends to carry out development or redevelopment, erect or re-erect or make alterations in any place in a building or demolish any building, shall give notice/ application in writing, through registered Architect, Town Planner or Licensed Engineer / Supervisor, to the Authority of his said intention in the prescribed form (See Appendix A1 or A2). It will be mandatory to submit complete information in the form accompanied with Appendix A-1 and A-
2. Such notice shall be accompanied by the payment receipt of required scrutiny fee and any other fee/ charges prescribed by the Authority from time to time and the plans and statements in sufficient copies (See Regulation No. 2.2.2), and as per the requirements under Regulation No.2.2.2 to 2.2.One set of plans shall be retained in the office of the Authority for record after the issue of permission or refusal. The plans may be submitted in electronic form as may be specified by the Authority from time to time. The Authority may set a date after which all submissions, approvals and communication in regard to development permission shall be online. 2.2.2 Information Accompanying Notice/ Application The Notice/Application shall be accompanied with the ownership title, key (location) plan, site plan, sub-division layout plan/ building plan, plans for services, specifications and certificate of supervision etc., as prescribed in these regulations. Ordinarily four copies of plans and statements shall be made available along with the notice; however, the number of such copies required shall be as decided by the Authority.
2.2.3 Ownership title and area Every application for development permission and commencement certificate shall be accompanied by the following documents for verifying the ownership and area etc. of the land - i) Latest7/12 extracts or property register card of a date not earlier than six months prior to the date of submission of development proposal, power of attorney, wherever applicable or attested copy of lease deed of the concerned lessor authority, enabling ownership of the document. In case of Ulhasnagar, conveyance deed and/ or sanad issued by the Revenue Authority may also be considered.
ii) Original measurement plan/city survey sheet of the land or lands under development proposal issued by Land Record Department.
iii) Statement of area of the holding by triangulation method/ CADD (Computer Aided Design and Drafting Software) from the qualified licensed technical personnel or architect with an affidavit from the owner in regard to the area in the form prescribed by the Authority. iv) Any other document prescribed by the Authority.
v) In case of revised permission, wherever third party interest is created by way of registered agreement to sale or lease etc. of the apartment, consent of such interested party/persons as specified under RERA Act shall be submitted.
vi) A self-attested copy of sub-division/ amalgamation/ layout of land approved by the concerned authority, if any.
vii) In the case of land leased by the Government or local authorities, no objection certificate of Government or such authorities shall be obtained if there is deviation from lease conditions and shall be attached to the application for development permission in respect of such land. Such no objection certificate shall also be necessary, where, development proposal proposes to utilise FSI more than mentioned in the lease deed. 2.2.4 Key Plan or location plan The key plan drawn to a scale of not less than 1:4000 shall be submitted along with the application for a building permit and Commencement Certificate showing the boundary locations of the site with respect to neighbourhood landmarks or features within the radius of 200 meters from the site whichever is more.
2.2.5 (a) Sub-division /layout plan In the case of development of land, the notice shall be accompanied by the sub-division/ layout plan which shall be drawn to a scale of not less than 1:500, however, for layout having areas 4.0 ha. and above, the plan shall be drawn at a scale of not less than 1:1000, containing the following:- i) Scale including a graphical scale used and north point;
ii) The location within the land of all proposed and existing roads with their existing/ proposed widths and all the proposals of the Development Plan/ Town Planning Scheme, if any;
iii) Dimension of plots;
iv) The location of drains, sewers, public facilities and services, electrical lines, Natural water courses, water bodies and streams etc.;
v) Table indicating size, area and use of all plots in the sub-division / layout plan; vi) The statement indicating the total area of the site, area utilized under roads, recreational open spaces, playground, amenity space, and development plan reservation/ roads, schools, shopping and other public places along with their percentage with reference to the total area of the site proposed to be sub-divided/ laid out;
vii) In case of plots which are sub-divided in built-up areas in addition to the above, the means of access to each sub divided plot from existing streets. viii) Contour plan of site, wherever necessary.
Where two or more plots/ holdings of same or different owners are to be amalgamated, an amalgamation plan showing such amalgamation drawn to a scale of not less than 1:500 shall accompany the application. Instead of submitting a separate plan, such amalgamation may be allowed to be shown on building / layout-plan itself. 2.2.6 Site Plan The site plan shall be submitted with an application for building permission drawn to a scale of 1:500 or more as may be decided by the Authority. This plan shall be based on the measurement plan duly authenticated by the appropriate officer of the Department of Land Records. This plan shall have the following details:- i) Boundaries of the site and of any contiguous land belonging to the neighbouring owners; ii) Position of the site in relation to neighbouring streets; iii) Name of the street, if any, from which the building is proposed to derive access; iv) All existing buildings contained in the site with their names (where the buildings are given names) and their property numbers;
v) Position of the building and of other buildings, if any, which the applicant intends to erect, upon his contiguous land referred to in (i) above;
vi) Boundaries of the site and, in a case where the site has been partitioned, boundaries of the portions owned by others;
vii) All adjacent streets, buildings (with number of storey and height) and premises within a distance of 12 m. of the work site and of the contiguous land (if any) referred to in (i). If there is no street within a distance of 12 m. of the site, the nearest existing street with its name;
viii) Means of access from the street to the building and to all other buildings (if any) which the applicant intends to erect upon;
ix) Space to be left around the building to secure free circulation of air, admission of light and access;
x) The width of the street (if any) in front and the street (if any) at the side or near of the building, including proposed roads;
xi) The direction of north line relative to the plan of the building; xii) Any existing physical features, such as wells, tanks, drains, pipe lines, high tension line, railway line, trees, etc.;
xiii) Overhead electric supply lines, if any, including space for electrical transformer / substation according to these Regulations or as per the requirements of the electric distribution company;
xiv) Any water course existing on site or adjacent to site;
xv) Existing alignments of water supply and drainage lines;
xvi) Such other particulars as may be prescribed by the Authority. 2.2.7 Building plan The plans of the buildings and elevation and section to be sent with the application accompanying the notice shall be drawn to a scale of 1:100. The building plan shall: i) Include floor plans of all floors together with the built up area clearly indicating the sizes of rooms and the position and width of staircase, ramps and other exit ways, lift wells, lift machine room and lift pit details, meter room and electric sub-station and also include ground floor plan as well as basement plan and shall indicate the details of parking space and loading and unloading spaces provided around and within the building as also the access ways and the appurtenant open spaces with projections in dotted lines, distance from any building existing on the plot in figured dimensions along with accessory building. These plans will also contain the details of FSI calculations; ii) Show the statement of carpet area of every apartment or any unit along with areas of balconies and double height terraces, if any, attached to the said unit; iii) Show the use or occupancy of all parts of the buildings; iv) Show exact location of essential services, such as water closet (W.C.), bath, sink and the like;
v) Include sectional drawings showing clearly the thickness of basement wall, wall construction, size and spacing of framing members, floors, slabs, roof slabs with the materials. The section shall indicate the height of the building, rooms and parapet, drainage and slope of the roof. At least one section should be taken through the staircase. vi) Show relative levels of street.
vii) Give dimensions of the projected portion beyond the permissible building line viii) Include terrace plan indicating the drainage and the slope of the roof. ix) Give indication of the north line relative to the plan.
x) Details of parking spaces provided.
xi) Give dimensions and details of doors, windows and ventilators. xii) Give the area statement with detailed calculation chart of each floor of the building or area as per periphery line of construction (P-line) excluding ducts and voids. xiii) Show the pump rooms, rain water harvesting system, sewage treatment plant, if any; xiv) Certificate of Structural Engineer about structural and earthquake safety in case of building above G+2 or stilt +2structure.
xv) Give such other particulars as may be required to explain the proposal clearly as prescribed by the Authority.
2.2.8 Building plans for Special Buildings The following additional information shall be furnished / indicated in the Building Plans in addition to the items (i) to (xv) of Regulation No. 2.2.7;
a) Access to fire appliances/vehicles with details of vehicular turning circle and clear motorable access way around the building of minimum 6 m. width; b) Size(width) of main and alternate staircases, wherever necessary, along with balcony approach, corridor, ventilated lobby approach;
c) Location and details of lift enclosures;
d) Location and size of fire lift;
f) Refuse chutes, refuse chamber, service duct, etc.;
g) Vehicular parking spaces;
h) Refuse area, if any;
i) Details of Building Services:-Air-conditioning system with position of fire dampers, mechanical ventilation system, electrical services, boilers, gas pipes etc., j) Details of exits including provision of ramps, etc. for hospitals and buildings requiring special fire protection measures;
k) Location of generator, transformer and switch gear room;
l) Smoke exhauster system, if any;
m) Details of fire alarm system network;
n) Location of centralized control, connecting all fire alarm systems, built in fire protection arrangements and public address system etc.;
o) Location and dimensions of static water storage tank and pump room along with fire service inlets for mobile pump and water storage tank;
p) Location and details of fixed fire protection installations such as sprinklers, wet risers, hose reels, drenchers, C02 installation etc.;
q) Location and details of first aid, fire-fighting equipment’s /installations; r) Certificate of structural engineer about structural and earthquake safety; s) Clearance certificate from the Chief Fire Officer of the Authority or Director of Fire services, as the case may be.
2.2.9 Service plan - Plans, elevations and sections of water / grey-water supply, sewage disposal system and details of building services, where required by the Authority, shall be made available on a scale not less than 1:100 and for layouts 1:1000.
2.2.10 Supervision The notice shall be further accompanied by a certificate of supervision in the prescribed form as given in Appendix B, by Architect / Licensed Engineer / Supervisor /Town Planner, as the case may be. In the event of the said licensed technical personnel ceasing to be employed for the development work, further development work shall stand suspended till a new licensed technical person is appointed.
2.2.11 Clearance from other Departments In case of development / construction of buildings requiring clearance from the authorities like Civil Aviation Authority, Railways, Directorate of Industries, Maharashtra Pollution Control Board, District Magistrate, Inspectorate of Boilers and Smoke Nuisance, Defence Department, Maharashtra Coastal Zone Management Authority, Archaeological Department etc., the relevant no objection certificates from these authorities, whichever applicable, shall also accompany the application, where such information is not received by the authority as mentioned in Regulation No. 3.1.13.
In case of building identified in Regulation No.1.3 (93) (xiv), the building scheme shall also be cleared by the Fire Officer of the authority or in absence of such officer, by Director of Maharashtra Fire Services or an officer authorised by him.
Building / Layout Permission Scrutiny Fee The notice shall be accompanied by a self-attested copy of receipt of payment of building/ layout permission Scrutiny Fee. These fees shall be as mentioned below and shall be subject to Government orders, if any. Provided that, such fees shall not be applicable for the development proposals implemented by Government / Government Departments or Public Authorities of State or Central Government.
Sr. No. Type of Authority Scrutiny fee for plotted Layout Scrutiny fee for Building Constructions.
1 For Pune, Pimpri-Chinchwad, Nagpur, Nashik, Municipal Corporations in MMR and Metropolitan Authorities area.
Rs. 2,000/- per 0.4 hector or part thereof .
Rs. 5/- Per sq.m. of built-up area.
2 Remaining all Municipal Corporations area, A Class Municipal Councils and Mumbai Metropolitan Regional Plan area.
Rs. 1,500/- per 0.4 hector or part thereof.
Rs. 4/- Per sq.m. of built-up area.
3 B and C Class Municipal Councils, Nagar Panchayats, Non Municipal Council D.P. and Regional Plan areas.
Rs. 500/- per 0.4 hector or part thereof.
Rs. 2/- Per sq.m. of built-up area.
Note - i) No scrutiny fee shall be levied if the proposal is received after compliance of the objections raised by the authority.
ii) In case of revised permission, the scrutiny fee shall be applicable. iii) In case of revised permission, where additional development work is proposed without disturbing the already approved development work, then the scrutiny fee shall be levied for additional development work.
iv) The charges mentioned above may be revised by the Authority with prior approval of the Government.
v) The charges mentioned above shall also be subject to Government orders from time to time.
2.2.13 Development Charges Development charges as required under Section 124 A of the Maharashtra Regional and Town Planning Act, 1966 shall be deposited with the Authority before issue of development permission/commencement certificate. Such charges shall be calculated for area of each land parcel included in the development permission considering the rates in ASR and provisions mentioned in the said Act.
Provided that, i) in case of revised permission, where no development is carried out in pursuance of the earlier permission and permission is lapsed, amount of difference of development charges, if any, shall be levied and recovered.
ii) in case of revised permission, where development is commenced in pursuance of earlier permission, development charges shall be levied on the land and built-up area, over and above the area covered in the earlier permission.
iii) no such charges shall be levied for renewal of permission. iv) in case where minor amendment to the plotted layout approved prior to 10/8/1992 are proposed or where development charge for land development has already been collected in past, no development charge should be levied for such amendment of plotted layout provided no construction was proposed in the said layout i.e. only plotted layout was approved.
v) construction of compound wall is meant for protection of property and as such no development charge shall be levied for construction of compound wall or for repairs of compound wall.
vi) no development charge shall be recovered in respect of maintenance work, internal repairs of buildings, or for strengthening the existing building provided such works do not involve consumption of additional floor space.
vii) for any reconstruction work, development charge shall be levied in full which involves demolition of existing building and reconstruction of new building. viii) in case a cooperative housing society is authorised by Maharashtra Housing and Area Development Authority or Bombay Housing and Area Development Board to undertake reconstruction of old/ dilapidated building (which work would otherwise, have been undertaken by MHADA), no development charge shall be recovered from that co-operative housing society, provided the FSI does not exceed the existing or permissible FSI whichever is lower. Provided further that it accommodates existing tenants only. Further in reconstruction involving consumption of additional FSI and accommodation of additional members other than existing tenants, proportionate development charges shall be recovered.
ix) In case no development work is carried out in pursuance of permission and permission is lapsed or permission is cancelled on the request of the owner, the development charges paid, shall be adjusted in permission that may be granted in future. Premium Charges and Fire Infrastructure Charges.
i) Premium Charges - Premium charges as may be required to be recovered under these regulations shall be paid to the Authority before issue of development permission/ commencement certificate. The 50% Premium share of the Government shall be deposited by the Authority in a specified head of account of the Government. The amount of premium collected by the Authority shall be kept in a separate account and it shall be utilized for development of civic amenities and infrastructure. In case of Regional Plan area, 100% premium charges shall be paid to Government through the District offices of Town Planning and Valuation Department. The aforesaid premium charges except the premium leviable under Chapter 5 of these regulations shall be allowed to be paid in the instalments with interest @ 8.5% per annum in the following manner and subject to following conditions. A) Option - 1 a) Building below 70 m. height.
Initial Payment At the end of Month with interest b) Building having height of 70m. and above.
Initial Payment At the end of Month with interest 1st Instalment 2nd Instalment 3rd Instalment 4th Instalment 5th Instalment 6th Instalment B) Option - 2 The instalment of 20% shall be paid at the time of granting development permission / commencement certificate and remaining 80% amount at the time of occupation certificate. The remaining amount shall be liable for interest @ 8.5% per annum. Notes :
i) The instalment shall be granted with the interest at the rate of 8.5% p.a. on reducing outstanding balance premium.
ii) The owner / developer shall deposit post-dated cheques for instalment amount with an interest due drawn on scheduled bank, as per the scheduled date of payment. iii) Occupation Certificate shall be granted in proportion to the payments made. iv) The first instalment shall not be less than 50 lakhs in case of A, B C, Class Municipal Corporations and 25 lakhs in case of other areas. In such case, the remaining amount shall be apportioned in remaining instalments.
v) The aforesaid option 1 & option 2 shall be applicable for the period of 2 years. ii) Fire Infrastructure Charges - These charges shall be decided by the Government from time to time.
2.2.15 Structural Stability Certificate In case of special buildings, the application shall be accompanied by structural stability certificate signed by the licensed Structural Engineer to the effect that the building is safe against various loads, forces and effects including due to natural disasters, such as, earthquake, landslides, cyclones, floods, etc. as per Part 11 ‘Structural Design’ and other relevant Codes. 2.2.16 Signing the Plan All the plans shall be duly signed by the owner, co-owner, if any, and the Architect or Town Planner or Licensed Engineer / Supervisor and shall indicate his name, address and Registration / license number (allotted by the Authority).
2.2.17 Size of Drawing sheets The size of drawing sheets shall be any of those specified in Table 2A. Table 2A - Drawing Sheet Sizes Sr. No. Designation Trimmed Size, mm
1. A0 841 X 1189
2. A1 594 X 841
3. A2 420 X 594
4. A3 297 X 420
5. A4 210 X 297 Note: If necessary, submission of plans on sheets bigger than A0 size is also permissible. All dimensions shall be indicated only in metric units.
2.2.18 Colouring Notations for Plans The plan shall be coloured as specified in Table No.2Bgiven below and prints of plan shall be on one side of the paper only.
Table No.2B - Colouring Notations for Plans Sr.
No.
Item Site Plan Building Plan White Plan Blue Print Ammonia Print White Plan Blue Print Ammonia Print 1 Plot lines Thick Black Thick Black Thick Black Thick Black Thick Black Thick Black 2 Existing street Green Green Green ..... ..... .....
3 Future street, if any Green dotted Green dotted Green dotted 4 Permissible building lines Thick dotted black Thick dotted black Thick dotted black 6 Existing work Black (Outline) White Blue Black White Blue 7 Work proposed to be demolished Yellow Hatched Yellow Hatched Yellow Hatched Yellow Hatched Yellow Hatched Yellow Hatched 8 Proposed work Red filled in Red Red Red Red Red 9 Drainage work Red dotted Red dotted Red dotted Red dotted Red dotted Red dotted 10 Water supply work Black dotted thin Black dotted thin Black dotted thin Black dotted thin Black dotted thin Black dotted thin 11 Deviations Red hatched Red hatched Red hatched Red hatched Red hatched Red hatched Note: For land development/Sub-Division/layout/building plan, suitable colouring notations shall be used which shall be indexed.
2.2.19 Qualification and Competence of the Architect/Licensed Engineer/Structural Architect/Engineer/ Town Planner/Supervisor referred to in Regulation No. 2.2.16 shall be registered/licensed by the Authority as competent to plan and carry out various works as given in Appendix “C”. The qualification and procedure for registration and licensing of the Engineer / Structural Engineer/Town Planner/Supervisor shall be as given in Appendix- “C”. An Architect registered with the Council of Architecture shall not be required to register with the Authority. 2.3 DISCRETIONARY POWERS - INTERPRETATION In conformity with the intent and spirit of these Regulations, the Authority may by order in writing- i) Decide on matters where it is observed that there is an error in any order, requirement decision, and determination of interpretation made by him or by an Officer authorized by him in the application of these Regulations.
ii) Decide the extent of the proposal of Development Plan / Regional plan with respect to S.No. / Gut No. / CTS No. / Block No. /Barrack No. / Unit No., where boundaries shown on Development Plan / Regional plan varies with the boundaries as per revenue record / measurement plan / City Survey sheets etc.
iii) Determine and establish the location of zonal boundaries in cases of doubt or controversy; iv) Decide the alignment of Development Plan road / Regional plan road where the street layout actually on the ground varies from the street layout as shown on the Development Plan / Regional plan;
v) Correct the alignment of Blue and Red flood line on Development Plan / Regional plan where it varies with the said lines given by the Irrigation Department or any other Govt. institutions dealing with the subject, from time to time;
vi) Modify the limit of a zone where the boundary line of the zone divides a plot. In such cases, the zone covering area more than 50% shall be considered;
vii) Authorize the erection of a building or use of premises for a public service undertaking for public utility propose only, where he finds such an authorization to be reasonably necessary for the public convenience and welfare even if it is not permitted in any Land Use Classification.
viii) Interpret the provisions of these Regulations where there is clerical, grammatical mistake, if any.
2.4 DISCRETIONARY POWERS - RELAXATIONS IN SPECIFIC CASES:
In specific cases where clearly demonstrable hardship is caused, the Authority may permit any of the dimensions/provisions prescribed by these regulations to be modified provided the relaxation sought does not violate the health safety, fire safety, structural safety, and public safety of the inhabitants of the buildings and the neighbourhood. No relaxation in the setback required from the road boundary or FSI or parking requirements shall be granted under any circumstances, unless otherwise specified in these Regulations.
While granting permission under these regulations, conditions/restrictions/ limitations may be imposed on size, cost or duration of the structure, abrogation of claim of compensation, payment of deposit and its forfeiture for non-compliance and payment of premium, as may be prescribed by the Authority, if required.
In areas of Municipal Councils and Regional plan, such relaxation shall be granted in consultation with concerned Divisional Joint Director of Town Planning. Notwithstanding anything contained in any Government Order, Government Resolution, Government Notification, etc. issued from time to time regarding powers of relaxation in Development Control and Promotional regulations, the above provision shall prevail. 2.5 DRAFTING ERROR Drafting errors in Development/Regional Plan which are required to be corrected as per actual situation on site or as per the city survey record or sanctioned layout etc. may be corrected by the Authority, after due verification, in case of Municipal Councils Regional Plan areas, this shall be done after consultation with the Divisional Joint Director of Town Planning. 2.6 GRANT OR REFUSAL OF PERMISSION 2.6.1 General i) After receipt of the notice/application as mentioned in Regulation No.2.2.1 above, the Authority may either sanction or refuse the plans or may sanction them with such modifications or directions as it may deem necessary after having recovered the necessary charges/fees and there upon shall communicate its decision to the person giving the notice in the prescribed form given in Appendix D1/D2/D3 and E1/E2, as the case may be. ii) In the case of special buildings, the building scheme shall also be subject to the scrutiny of the Chief Fire Officer of the Local/ Planning Authority or Director of Fire Services, as the case may be, and the sanction development permission shall be issued by the Authority after the clearance from him.
iii) In the case of land subdivision or plotted layout, tentative layout shall be recommended for demarcation at first instance. After having demarcated the layout, the owner shall submit the layout as measured by the Land Records Department for final approval to the Authority. The Authority shall examine and grant final approval to the measured layout if it conforms to the regulations and is broadly in accordance with the tentative layout without any departures of substantial nature. This shall also be mandatory for Group Housing Schemes where roads in the adjoining layouts/ Development Plan roads / Regional Plan roads are to be coordinated and/or amenity space/s are to be earmarked.
iv) After the plan has been scrutinized and objections have been pointed out, the owner giving notice shall modify the plan, comply with the objections raised and resubmit it. The prints of plans submitted for final approval, shall not contain superimposed corrections. The authority shall grant or refuse the commencement certificate/ building permit within 60 days from the date of resubmission. No new objections may generally be raised when they are resubmitted after compliance of earlier objections, except in circumstances to be quoted for additional compliances.
v) After the development permission is granted by the Authority, it shall be displayed alongwith the plans on the website of the Authority, wherever such website is available. 2.6.2 Deemed Permission If within sixty (60) days of receipt of the notice, along with necessary permission fees under the regulations, the Authority fails to intimate in writing to the person, who has given the notice; of its refusal or sanction or sanction with such modifications or directions, the notice with its plan and statements shall be deemed to have been sanctioned, provided nothing shall be construed to authorize any person to do anything on the site of the work in contravention or against the terms of lease or titles of the land.
Provided that, the development proposal, for which the permission was applied, is strictly in conformity with the requirements of these regulations or regulations framed in this behalf under any law for the time being in force and the same in no way violates either provisions of any draft or final Development/ Regional Plan / Planning Proposal or proposals published by means of notice, submitted for sanction under the Act. Provided further that any development carried out in pursuance of such deemed permission which is in contravention of the above provisions, shall be deemed to be an unauthorized development for purposes of Section 52 to 57 of the Maharashtra Regional and Town Planning Act, 1966 and other relevant Acts. Provided further that, upon receipt of intimation of any claim for deemed permission the Authority shall within fifteen days from the date of receipt of such claim, communicate its remarks, if any, regarding deemed permission to the applicant, failing which, the proposal shall be approved and commencement certificate along with one set of duly approved plans for proposed development shall be issued to the applicant within fifteen days thereafter. Provided further that, necessary explanation shall be called from the concerned officers of the Planning Authority for not processing and disposing of the proposal within 60 days and necessary action as per relevant provisions of Act / Rules shall be initiated against the defaulter officer.
2.6.3 Approval of Building Permission on Risk Based Classification Notwithstanding Anything contained in this UDCPR, the approval to the Low or Moderate Risk category of constructions shall be governed as per the procedure given in Appendix-K. 2.6.4 Display of Sanctioned Permissions on Authority's Web-Site. After sanction of development permission, the authority shall make available all plans relating to such permission on its web-site, if available. Such documents shall be kept on web-site till one month from the date of issuance of last occupation certificate. 2.7 COMMENCEMENT OF WORK 2.7.1 Commencement The commencement certificate/development permission, as approved, shall remain valid for 4 years in the aggregate but shall have to be renewed every year from the date of its issue. The application for renewal shall be made before expiry of one year if the work is not already commenced. Such renewal can be done for three consecutive terms of one year after which proposals shall have to be submitted to obtain development permission afresh. If application for renewal is made after expiry of the stipulated period during which commencement certificate is valid, then the Authority may condone the delay for submission of application for renewal by charging necessary fees; but in any case, commencement certificate shall not be renewed beyond 4 years from the date of commencement certificate/ development permission. Provided that, no such renewal shall be necessary if the work is commenced within the period of valid permission and such permission shall remain valid till the work is completed. For the purpose of this regulation, "Commencement" shall mean as under :- For a building work including additions and alterations Upto plinth level or where there is no plinth upto upper level of lower basement or stilt as the case may be.
For bridges and overhead tanks construction Foundation and work up to the base floor/ underground floor For underground works/ Foundation and work upto floor of underground floor. For layout, sub-division and amalgamation Final demarcation and provision of water bound macadam roads complete.
2.7.2 Development of Land Subdivision/ Group Housing Schemes In case of land subdivision / group housing schemes, it shall be the responsibility of the owner / developer to construct all infrastructure including roads with storm water drains, sewer lines, water supply lines, development of recreational open spaces etc. In case of land subdivision, these works shall generally be completed within two years and phase wise building permission shall be granted depending upon the percentage of infrastructure work completed. The layout plots should be released for construction in stages according to infrastructure work completed. The condition to that effect shall be incorporated in the development permission / commencement certificate.
In case of group housing scheme, these works shall be completed before completion of the project and occupancy certificate shall be granted phase wise as per completion of infrastructure work.
After handing over roads and infrastructure to the Authority on completion of scheme, the responsibility of maintenance of such roads and infrastructure shall lie with the Authority. However, internal roads and infrastructure in the group housing scheme shall be maintained by the owner / society.
2.8 PROCEDURE DURING CONSTRUCTION 2.8.1 Owner / Developer / Architect / Town Planner / Engineer / Structural Engineer / Supervisor or any licensed technical person's Responsibilities in their respective domain. i) Neither granting of the development permission nor the approval of the drawings and specifications, nor the inspections, made by the Authority during erection of the building shall, in any way relieve the Owner / Developer /Architect / Town Planner / Engineer / Structural Engineer / Supervisor or any licensed technical person, of such building/ development from full responsibility for carrying out the work in accordance with the requirements of these regulations and safety norms as prescribed by the bureau of Indian Standards.
ii) Every owner / developer shall:
a) permit the Authority or his representative to enter the building or premises for which the permission has been granted at any reasonable time for the purpose of enforcing these Regulations.
b) submit the certificate for execution of work as per structural safety requirements and give written notice to the Authority regarding completion of work. c) give written notice to the Authority in case of termination of services of a Technical professional engaged by him.
2.8.2 Results of Test Where tests of any materials are made to ensure conformity with the requirements of these regulations, records of the test data shall be kept available for inspection during the construction of the building and for such period thereafter as may be required by the Authority. 2.8.3 Display Board As soon as the development / building permission is obtained, the owner / developer shall install "Display Board" on conspicuous place on site indicating following details:- i) Name and address of owner, developer, all concerned licensed persons. ii) Survey number / city survey number of land under reference. iii) Order number and date of grant of development / building permission / redevelopment permission issued by the Authority.
iv) Built up area permitted.
v) RERA registration no.
Such Display Board shall not be required for individual plot holder's individual building. 2.8.4 Plinth Checking The owner shall give intimation in the prescribed form in Appendix- F to the Authority after the completion of work upto plinth level. This shall be certified by Architect / licensed Engineer / Supervisor with a view to ensure that the work is being carried out in accordance with the sanctioned plans. After such intimation, the construction work shall be carried out further. The officers of the Authority, who are empowered to grant development permission and subordinate officers to him, shall each, inspect about 10% of such plinth certified cases. 2.8.5 Deviation During Construction If during construction of a building, any deviation of a substantial nature from the sanctioned plans is intended by way of internal or external additions, sanction of the Authority shall be necessary. A revised plan showing the deviation shall be submitted and the procedure laid down for the original plans shall apply to all such amended plans. Any work done in contravention of the sanctioned plans, without prior approval of the Authority, shall be deemed as un-authorised. However, any changes made within the internal layout of a residential or commercial unit, which do not violate FSI or other regulations, shall not be treated as unauthorised. Such changes shall be incorporated in plan along with completion certificate.
Provided that revised permission may also be granted after completion of work before obtaining full occupancy certificate.
2.9 COMPLETION CERTIFICATE The owner through his Architect / licensed engineer / town planner / supervisor, as the case may be, who has supervised the construction, shall furnish a building completion certificate to the Authority in the form in Appendix-G. This certificate shall be accompanied by three sets of plans of the completed development, the certificate about the operation of the lift from consultant and certificate of structural stability, wherever necessary.
In case of special buildings, the Completion Certificate shall also be accompanied with the NOC from Chief Fire Officer of respective Authority or Director of Fire services, as the case may be. 2.10 OCCUPANCY CERTIFICATE The Authority after inspection of the work and after satisfying himself that there is no deviation from the sanctioned plans as mentioned in Regulation No. 2.8.5, issue an occupancy certificate in the form in Appendix-H or refuse to sanction the occupancy certificate in Appendix-I within 21 days from the date of receipt of the said completion certificate, failing which the work shall be deemed to have been approved for occupation, provided the construction conforms to the sanctioned plans. One set of plans, certified by the Authority, shall be returned to the owner along with the occupancy certificate. Where the occupancy certificate is refused or rejected, the reasons for refusal or rejection shall be given in intimation of the rejection or the refusal The applicant may request for Deemed Occupancy Certificate, if eligible, as above. The Authority shall issue the Deemed Occupancy Certificate within 15 (fifteen) days of the application. In case of Special buildings, the occupancy certificate shall be issued by the Authority only after the clearance from the Chief Fire Officer regarding the completion of work from fire protection point of view.
2.11 PART OCCUPANCY CERTIFICATE When requested by the holder of the development permission, the Authority may issue a part occupancy certificate for a building, or part thereof, before completion of the entire work as per development permission, provided sufficient precautionary measures are taken by the holder of the development permission to ensure public safety and health of the occupants and users of the said portion of the building. The part occupancy certificate shall be subject to the owners indemnifying the Authority in the form in Appendix 'J'.
2.12 INSPECTION The Authority shall have the power to carry out inspection of the work under the provisions of the Act, at various stages to ascertain whether the work is proceeding as per the provisions of regulations and sanctioned plan.
2.13 UNSAFE BUILDINGS All unsafe buildings shall be considered to constitute danger to public safety and hygiene and sanitation and shall be restored by repairs or demolished or dealt with as otherwise directed by the Authority. The relevant provisions of the regulations / Act shall apply for procedure of actions to be taken by the Authority for unsafe buildings.
2.14 OFFENCES AND PENALTIES i) Any person who contravenes any of the provisions of these regulations, any requirements or obligations imposed on him by virtue of the Act or these regulations, shall: -
(a) be guilty of an offence and upon conviction, shall be punished as stipulated in
Section 52 of the Act;
(b) be subject to further suitable actions including demolition of unauthorised works, as stipulated under Section 53and 54of the Act;
(c) where such person is a Licensed Engineer / Structural Engineer / Town Planner / Supervisor, be subject to suitable action against him which may include cancellation of license and debarring him from further practice/ business for a period as may be decided by the Authority;
(d) where such person is a registered Architect, be subject to action of the Council of Architecture as per the provisions of the Architects Act, 1972 based on the report of the Authority and debarring him from further practice/ business for a period as may be decided by the Authority.
ii) Any person who neglects any requirements or obligations imposed on him including the maintenance of fire protection services, appliances and lifts in working order or who interferes with or obstructs any person in the discharge of his duties shall be guilty of an offence as specified in Section 36 of the Maharashtra Fire Prevention and Life Safety Measures Act, 2006 and, upon conviction, shall be subject to penalties and other consequences spelt out in said Act.
2.15 REVOCATION OF PERMISSION i) Without prejudice to the powers of revocation conferred by Section 51 of the Act the Authority may, after giving the opportunity of being heard, revoke any development permission issued under these regulations where it is noticed by it that there had been any false statement or any misrepresentation of material fact in the application on the basis of which the development permission was issued and thereupon the whole work carried out in pursuance of such permission shall be treated as unauthorised. ii) In the case of revocation of the permission under sub-regulation (i), no compensation shall be paid.
GENERAL LAND DEVELOPMENT REQUIREMENTS.
3.1 REQUIREMENTS OF SITE 3.1.1 Site not Eligible for Construction of Building No piece of land shall be used as a site for the construction of building, i) If the Authority considers that the site is insanitary, incapable of being well drained or is dangerous to construct a building on it;
ii) If the entire site is within a distance of 6 m. from the edge of water mark of a minor water course (like nallah, canal) and 15 m. from the edge of water mark of a major water course (like river) shown on Development Plan/Regional Plan or village/city survey map or otherwise.
Provided that where a minor water course passes through a low lying land without any well- defined banks, the owner of the property may be permitted by the Authority to canalise water course within the same land without changing the overall alignment and the position of the inlet and outlet of the water course according to cross section as determined by the Authority. In such case, marginal open space shall be as stipulated under these regulation and shall be measured from edge of the trained nallah.
iii) If the site is hilly and having gradient more than 1:5; iv) If the site is not drained properly or is incapable of being well drained; v) If the owner of the building has not proposed appropriate measures required to safeguard the construction from constantly getting damp to the satisfaction of the Authority; vi) In case the building is proposed on any area filled up with carcasses, excreta, filth and offensive matter, then certificate from the Authority to the effect that it is safe from the health and sanitary point of view, to be built upon, is required; vii) If the use of the site is for the purpose, which in the opinion of the Authority will be a source of annoyance to the health and comfort of the inhabitants of the neighbourhood; viii) If the proposed occupancy of the building on the site does not conform to the land use proposals in the development plans/ Regional Plan or Zoning Regulations; ix) If the level of the site is less than prescribed datum level depending on topography and drainage aspects;
x) If it doesn’t derive access from an authorized street/means of access of adequate width as described in these Regulations;
xi) If it is within the river and blue flood line of the river (prohibitive zone), unless otherwise specified in these regulations;
xii) If the site is within the boundary of Coastal Regulation Zone where CRZ Regulation does not allow development;
xiii) If the site is not developable by virtue of restrictions imposed under any law or guidelines of any Government Department;
xiv) If the entire site is within a distance of 50 m. from the mean high flood level of a wetland. The mean shall be calculated as per the provisions of Wetlands (Conservation and Management) Rules, 2017.
3.1.2 Distance of Site from Electric Lines No structure including varandah or balcony shall be allowed to be erected or re-erected or any additions or alterations made to a building on a site within the distance quoted in Table No. 3A below in accordance with the prevailing Indian Electricity Rules and its amendments from time to time between the building and any overhead electric supply line. Table No.3A - Distance of site from Electric Lines Electric Lines Vertical (Meters) Horizontal (Meters) Low and medium voltage Lines 2.50 1.20 High voltage lines up to and including 33000 V, Extra High voltage lines beyond 33,000 V 3.70 2.00 (Plus 0.3 m. for every additional 33,000 V or part thereof) Note-The minimum clearance specified above shall be measured from maximum sag for vertical clearance and from maximum deflection due to wind pressure for horizontal clearance.
3.1.3 Construction within Blue and Red Flood Line i) Where Blue and Red flood line are marked on the Development Plan / Regional Plan or received from the Irrigation Department.
a) The Red Flood Line and Blue Flood Line shall be considered as per the plan prepared by the Irrigation Department. The area between the river bank and blue flood line (Flood line near the river bank) shall be prohibited zone for any construction except parking, open vegetable market, garden, lawns, open space, cremation and burial ground, sewage treatment plant, water / gas / drainage pipe lines, public toilet or like uses, provided the land is feasible for such utilization.
Provided that, redevelopment of the existing authorised properties, within river bank and blue flood line, may be permitted at a plinth height of 0.45 m. above red flood line level.
b) Area between blue flood line and red flood line shall be restrictive zone for the purposes of construction. The construction within this area may be permitted at a height of 0.45 m. above the red flood line level.
c) If the area between the river bank and blue flood line forms part of the entire plot in Development Zone, then, FSI of such part of land may be allowed to be utilised on the remaining land.
d) The red and blue flood line, if shown on the Development/Regional Plan / Planning Proposal shall stand modified as and when it is modified by the Irrigation Department. ii) Where Blue and Red flood line is not marked on the Development Plan / Regional Plan or not received from the Irrigation Department.
Where Blue and Red flood line is not marked on the Development Plan / Regional Plan or not received from the Irrigation Department, the tentative Blue line shall be earmarked taking into consideration maximum observed flood level records available locally and also interacting with the residence in the area. The plan showing such tentative Blue line shall be got approved from Chief Engineer, Irrigation Department. The distance of 50 m. on landward side from this tentative Blue line shall be treated as No Construction Zone. In such cases, provisions of Regulation No. 3.1.3 (i) (a,b,c,d) shall be applicable to that extent.
Till such tentative Blue line is prepared and marked on the plan, the development permission shall be governed by the provisions of Regulation No. 3.1.1 (ii). 3.1.4 Development within 30 M. Distance from Railway Boundary For any construction within 30 m. from railway boundary, No Objection Certificate from Railway Authority shall be necessary.
3.1.5 Environmental Clearance Environmental clearance certificate shall be submitted for the project as may be prescribed by the Ministry of Environment from time to time.
3.1.6 Development along Highways / Classified Roads The development along the highways shall be subject to the provisions of State Highways Act, 1965 and National Highway Act, 1956 and orders issued by Public Works Department, directives issued by Urban Development Department vide Resolution No.TPS-1819/UOR-36/19/UD-13, dated5.8.2019in this regard, from time to time. The highways passing through the cities shall be treated as city roads.
A service road as specified in Regulation No. 3.3.8 shall be provided along State and National Highways on both sides. Where service road of 12m width is already provided in adjoining land, such service road of the same width may be continued in the development permission. Such service roads may not be insisted if it has no continuity from junction to junction due to existing authorised development / construction.
3.1.7 Development within certain distance from the Prison Premises The development within 150 m., 100 m., 50 m., from the perimeter wall of Central Prison, District Prison and any Sub Prison respectively shall be regulated and may be permitted with prior consent of the committee constituted in this regard by the Home Department. This provision shall be subject to the orders issued by the Government from time to time. 3.1.8 Distances from land fill sites For any residential development, segregating distance from the land fill site shall be observed as specified under Solid Waste Management Rules in force from time to time or as specified by competent authority.
3.1.9 Restrictions in the vicinity of Airport For structure, installations or buildings including installations in the vicinity of aerodromes, i) The height shall be restricted to permissible top elevation as mentioned on Colour Coded Zoning Maps(CCZM) prepared by the Airport Authority of India (AAI) published on its web site.
ii) For any additional height beyond that mentioned in i) above, prior NOC from AAI shall be submitted.
iii) For the areas depicted in red colour on CCZM, prior NOC from AAI shall be submitted. Note- a) The height permitted by CCZM is indicated Above Mean Sea Level i.e. AMSL. b) Building height permitted i.e. Above Ground level (AGL) shall be calculated as CCZM height minus the site elevation of the plot.
Height of building (AGL)=CCZM height – site elevation.
c) In absence of aforesaid map, no objection certificate of Airport Authority of India, shall be required.
Explanation i) Irrespective of their distance from the aerodrome, even beyond the 20km. limit from the aerodrome reference point, no building, radio masts or similar installation exceeding 150 m. in height shall be erected without prior permission of the Civil Aviation Authorities. ii) The location of a slaughter house/abattoir/butcher house or other areas for activities like depositing of garbage which may encourage the collection of high flying birds, like eagles and hawks, shall not be permitted within 10 km. from the aerodrome reference point. 3.1.10 Restrictions in the Vicinity of Ancient Monuments
1) The Restrictions for Development in the vicinity of the protected monuments of national importance as prescribed under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 shall be observed.
2) The Restrictions for Development in the vicinity of the protected monuments of state importance as prescribed under Ancient Monuments and Archaeological Sites and Remains Act, 1960 shall be observed.
3.1.11 Restriction under the Works of Defence Act, 1903 The restrictions imposed under the Work of Defense Act, 1903 shall be applicable and no development in contravention with the notification shall be permissible. Whether the area affected by the notification under Works of Defense Act- 1903, is earmarked in Development Plan / Regional Plan or not, it shall be permissible to treat the area under such restrictive zone as marginal distance at the time of construction of any building proposed on contiguous unaffected area.
Provided that, it shall be permissible to utilise the FSI and also the receiving potential of the land under this zone, as otherwise permissible, on the remaining contiguous unaffected land of the same land owner.
3.1.12 Distance from Natural Lake and Dam.
In Regional Plan area, no construction shall be allowed within 100 m. from the high flood line of natural lake.
In Development Plan area, development around natural lake shall be governed by the provisions made in such plan. In absence of the provisions in such plan the distance as may be specified by Irrigation Department shall be followed.
The regulation regarding clear distances from the High flood line while carrying out any development of any land around dam and foothill areas as notified and the norms regarding distance as prescribed in Government of Maharashtra, Water Resources Department Marathi time to time, will be applicable henceforth, subject to following condition. Condition: - The concerned land owners/users are prohibited to discharge any Garbage/Water Sewage/ Wastage in the reservoir, generating from its premises. It will be compulsory and binding on the land owner/user to make necessary arrangements within the premises for Water and sewage disposal management and to maintain the Zero Discharge condition at his own cost. 3.1.13 Authorities to Supply Complete Information about Restrictions to the Authority The concerned authority putting restrictions as per their respective legislations/ regulations/ rules as mentioned above shall make available to the Authority full details of restrictions (including graded restrictions, if any) along with the relevant map detailing restrictions. In the interest of increasing ease of doing business, no individual applicant should be required to approach the concerned departments for NOC. However it is the duty of the applicant to ensure that restrictions informed by the above said authorities are followed scrupulously. The Authority shall make a reference to this effect to the concerned authorities and ensure compliance with the restriction informed by them while sanctioning the development permission. Such information shall be published by the Authority on its notice board/ website and also update it as and when it is updated by the concerned department.
3.2 MEANS OF ACCESS 3.2.1 Every plot / land shall have means of access like street / road irrespective of its width. 3.2.2 In case of plot not abutting on a public means of access like street/roads etc., the plot shall have access from spaces directly connected from the street by a hard surface approach as given below:- (a)The width of such access ways in non-congested areas shall be as follows: - Min width of access ways Max. Length of such access ways 6m. 75m.
9m. 150m.
(b)In congested areas, the width of such access ways shall not be less than 4.5m. 3.2.3 Every person who intends to erects a building shall not at any time erect or cause or permit to erect or re-erect any building which in any way encroaches upon or diminishes the area set apart as means of access.
3.3 REGULATIONS FOR LAND SUB-DIVISION AND LAYOUT 3.3.1 Obligation to Prepare Layout Building Layout or Sub-division proposal shall be submitted for the following:- i) When more than one building, except for accessory buildings in case of residential building is proposed on any land, the owner of the land shall submit proposal for proper layout of building or sub-division of his entire contiguous holding.
ii) When development and/or redevelopment of any tract of land which includes division and sub-division or amalgamation of plots for various land uses is proposed. iii) When group housing scheme or campus /cluster planning of any use is proposed. iv) A two-stage approval process as specified in Regulation No. 2.6.1 will be followed for such proposals, wherever necessary.
3.3.2 Roads / streets in Land Sub-division or Layout A) For Residential Development- The minimum width of internal road in any layout or subdivision of land shall be as given in Table No.3A.
Table No.3A - Internal Roads for Residential Development Sr.
No.
Length of Internal Road in Layout / Sub division (m) Width of Internal Road in Layout / i Upto 150 9.00 ii Above 150 and upto300 12.00 iii Above 300 15.00 Note - For layout or part of layout where plots of 100 sq.m. or less are proposed for Economical weaker Sections (EWS), 4.5 m. wide road of length upto 60 m. and 6 m. wide road of length upto 100 m. may be permitted so that EWS plots shall abut on both sides of such roads. B) For Other than Residential Development :The minimum width of internal road in any layout or subdivision of land shall be as given in Table No. 3B Table No.3B - Internal Roads for non-residential Development Sr.
No.
Length of Internal Road in Layout / Width of Internal Road in Layout / Sub Division (m) i Upto 150 12 ii Above 150 and upto300 15 iii Above 300 18 or more C) Group Housing Scheme :In case of group housing schemes, minimum width of internal roads shall be as given in Table No. 3C Table No. 3C - Internal Roads for Group Housing Scheme Sr. No. Length of Internal Road (m) Width of Internal Road (m) i Upto 150 7.50 ii Above 150 and upto300 9.00 iii Above 300and upto 600 12.00 iv Above 600 15.00 Note : It shall be necessary to provide through roads in group housing scheme of area more than 2 Hectares, so as to coordinate the adjoining major road links (15 m. and above) or give way to new road link for adjoining area. The width required for such road link shall be as per Table No. 3A. This shall not bar coordination of smaller width roads approaching from adjoining area, if owners so desire. Further the Authority may insist on coordination of smaller width roads from adjoining area, if required from planning point of view.
D) Pathways In case of Group Housing Scheme / Campus planning / Layout of Buildings, a pedestrian approach to the buildings from road / street / internal means of access, wherever necessary, shall be through paved pathway of width not less than 2.0 m., 3.0 & 4.5m. provided its length measured from exit way of the building is not more than 40 m., 60 m. and 100 m. respectively from the main / internal means of access. If the length is more than 100m., then width of the road as provided in Table No.3C shall be necessary. The marginal distances shall not be required from such pathways. However, distance between two buildings shall be maintained which will include width of such pathway.
3.3.3 Length of Internal Roads, How to be Measured The length of Internal road shall be measured from the farthest plot (or building) to the public street. The length of the subsidiary access way shall be measured from the point of its origin to the next wider road on which it meets.
Provided that in the interest of general development of an area, the Authority may insist the means of access to be of larger width than that required under Regulation No. 3.3.2. 3.3.4 Co-ordination of Roads in adjoining lands While granting the development permission for land sub-division or group housing/ campus planning, it shall be necessary to co-ordinate the roads in the adjoining lands subject to provisions mentioned in Regulation No.3.3.2.C – Note. Also, proper hierarchy of roads shall be maintained while deciding width of road.
3.3.5 Narrow Roads in Congested Areas(Core area in case of Nashik Municipal Corporation) : In congested areas, plots facing street/ means of access less than 4.5m. in width, the plot boundary shall be shifted to be away by 2.25 m. from the central line of the street/ means of access way to give rise to a new street / means of access way of width of 4.5 m. clear from the structural projections. However, this will not be applicable for lane of any length serving single plot / property. In these cases, no separate setback from revised plot boundary shall be required. 3.3.6 Development of Street Means of access / internal road shall be levelled, metalled, flagged, paved, sewered, drained, channelled, lighted, laid with water supply line and provided with trees for shade (wherever necessary), free of encroachment and shall be maintained in proper condition. 3.3.7 Development of Private Street, if neglected If any private street or any other means of access to a building is not constructed & maintained as specified above, the authority may by written notice require the owner or owners of the several premises fronting or adjoining the said street or other means of access or abutting thereon or to which access is obtained through such street or other means of access or which shall benefit by works executed to carry out any or more of the aforesaid requirements in such manner and within such time as the authority shall direct. If the owner or owners fail to comply with this direction, the authority may arrange for its execution and recover the expenses incurred from the owner/ owners.
3.3.8 Access from the Highways/ Classified Roads
(a) Generally, plots/ buildings along Highways and classified roads shall derive access from service roads. However, highway amenities like petrol pump, fuel station, hotel, etc. may have a direct access from Highways and this shall be subject to the provisions of National Highway Act, 1956 and State Highways Act, 1955.
(b) Width of roads to be considered while granting development permissions, unless indicated otherwise in Development Plan/ Regional Plan/ Planning Proposal / T.P. Scheme shall be as mentioned in table below:- Sr.
No.
Category of Road Width of Right of Way of Road (m) Remarks 1 National Highway 60 Width inclusive of 12m. service roads on both sides 2 State Highway 45 Width inclusive of 9m. service roads on both sides 4 Major Dist. Road 24 No Service road required.
5 Other Dist. Road 18 No Service road required.
6 Village Road 15 No Service road required.
Notes :
1) If the width of any existing road is more than what is specified in above table then the greater width shall prevail.
2) If the service roads are provided beyond the right of way in permission granted earlier then such service roads may be continued further in adjoining land.
3) The above widths of roads may vary according to guidelines or circulars issued by the respective department.
3.3.9 Access Provisions for Special buildings in Regulation No.1.3 (93)(xiv) For special buildings as mentioned in 93 (xiv) under Regulation No. 1.3, the following additional provisions of means of access shall be ensured;
(a) The width of the main street on which the plot abuts shall not be less than 12m. in non- congested area and shall not be less than 9m. in congested area, and one end of this street shall join another street of width not less than at least 9 m.
(b) The marginal distances on all its sides shall be minimum 6m. and the layout for the same shall be approved taking into consideration the requirements of fire services, and the margins shall be of hard surface capable of taking the weight of fire engine, weighing up to 45 tonnes. The said marginal distances shall be kept free of obstructions and shall be motorable.
(c) Main entrances to the plot shall be of adequate width to allow easy access to the fire engine and in no case it shall measure less than 6 m. The entrance gate shall fold back against the compound wall of the premises, thus leaving the exterior access way within the plot free for movement of fire engine / fire service vehicles. If main entrance at boundary wall is built over, the minimum clearance (headroom) shall be 4.5 m.
3.3.10 Cul-de-sacs In addition to the provisions of Regulation No.3.3.2, Cul-de-sacs giving access to plots and extending up to 150m. normally and 275m. maximum with an additional turning space at 150m. may be allowed only in residential area, provided that Cul-de-sacs would be permissible only on straight roads and provided further that cul-de-sac ends shall be higher in level than the level of starting point. The turning space, in any case shall be not less than 81sq.m.in area with no dimension being less than 9m.
3.3.11 Handing Over of Layout Roads Whenever called upon by the Authority to do so, areas under internal layout roads shall be handed over to the Planning Authority by way of deed after development of the same, within such period as may be specified in commencement letter / development permission, for which no compensation shall be paid by the Planning Authority.
3.3.12 Intersection of Roads At junctions of roads meeting at right angles, the rounding off at the intersection shall be done with the tangent length from the point of intersection to the curve being half the road width across the direction of tangent as shown in Fig. 3A. The building shall also set back at required marginal distance from this rounding off.
Fig. 3A - Rounding off at junctions of right angled intersections Fig. 3B - Rounding off at junctions at acute/ obtuse intersections. 3.3.13 Acute Angled Junctions For junctions of roads meeting at less than 60 degree, the rounding off or cut-off or similar treatment shall have tangent length of U and V from the intersection point as shown in Fig.3B. The tangent length at obtuse angle junction shall be equal to half the width of the road from which the vehicle enters as shown in Fig. 3B. Provided, however, that the radius for the junction rounding shall not be less than 6m. for both types.
3.3.14 Land-locked Plot In case of a plot surrounded on all sides by other plots or reservation, if any, i.e. a land locked plot which has no access to any street or road, the Authority may require access through an adjoining plot or plots and shall, as far as possible be nearest to the street or road, to the land locked plot, at the cost of owner of the land-locked plot & such other conditions as the Authority may specify. If the Plot is land locked by any reservation, then access may be made available by adjusting reservation within owners land without reduction in area. Such land locked plot, upto 100 mt. shall be considered as fronting on the main road from which the access of minimum 9 mt. width is made available.
3.3.15 Approach by underpass or Over Bridge for adjoining properties. In case adjoining properties of an owner or different owner are separated by road, river, nallah etc. then the Authority may allow the owner to construct underpass or over bridge or foot over bridge of required size at his cost so as to ease the movement of people/vehicle across the properties. 3.4 RECREATIONAL OPEN SPACES 3.4.1 Recreational Open Space In any layout or subdivision or any development of land for any land use/ zone admeasuring 0.4ha. or more (after deducting area under D.P/ R.P. road, D.P. Reservation including deemed reservation under these regulations, if any, from the total area under development), 10%of the area under layout shall be earmarked as recreational open space which shall, as far as possible, be provided in one place. In case of land admeasuring more than 0.8ha, such recreational open space may be allowed to be earmarked at different locations in the same layout, provided that the size and other dimensions conform to the provisions herein below. However, the owner shall be at liberty to provide recreational open space more than 10%.
i) The above-mentioned area of 0.4ha., shall be measured with reference to original holding as on 11thJanuary; 1967 and not with reference to sub-divided holding in revenue/ city survey record thereafter without the permission under the Maharashtra Regional & Town Planning Act, 1966. However, this provision shall not be applicable to plots compulsorily got subdivided below 0.4ha, due to the DP/ RP Roads/ Road widening/ reservations/ deemed reservations or any other proposal of the Authority.
For the lands which are sub-divided after 11th January, 1967 without taking prior permission from the Authority and having plot area below 0.4ha., the applicant may opt for any of the options from: - a) providing 10% open space subject to a minimum of 200sq.m., or b) availing the reduced FSI of 75% of the basic FSI as otherwise permissible on such land. In such cases, loading of TDR shall be permissible to the extent of 50% mentioned in Chapter -6.
c) avail full basic FSI and other permissible FSI / TDR by paying 10% value of the land under proposal as per Annual Statement of Rates for that year, without considering guidelines therein.
(ii) For the plots having area upto 0.4 ha. regularised under the Maharashtra Gunthewari Development (Regularisation, Upgradation and Control) Act, 2001, no such open space shall be required for the development permission.
(iii) Not more than 50% of such recreational open space may be provided on the terrace of a podium in congested/non congested area subject to Regulation No.9.13. Notwithstanding anything contained in the definition of “Recreational Open Space” in these regulations, such recreational open space to the extent of 100% may be allowed to be provided on the terrace of a podium if owner/developer provides 1.5 m. strip of land along plot boundary, exclusive of marginal distances, for plantation of trees.
(iv) In case of lands declared surplus or retainable under Urban Land (C & R) Act, 1976, if the entire retainable holding or entire surplus holding independently admeasures 0.4 ha or more, then 10% recreational open space shall be necessary in respective holding.
(v) Such recreational open space shall also be necessary for group housing scheme or campus/ cluster planning for any use/ zone.
(vi) Such open space shall not be necessary :- a) in cases of layout or subdivision of plots from a layout already sanctioned by the Authority irrespective of percentage of open space left therein. b) for development of the reservations in the Development Plans designated for the purpose other than residential.
c) for the uses other than Residential, Industrial and Educational permissible in Agricultural zone.
(vii) In the case of development of land for educational purpose, in lieu of 10% recreational open space, following percentage of the gross area (or as decided by the Government from time to time), excluding the area under Development/ Regional Plan road and Development Plan reservations, shall be earmarked for playground. Notwithstanding anything contained in this regulation, the shape and location of such open space shall be such that it can be properly used as a playground. The area of such playground shall not be deducted for computation of FSI. The independent playground of the institution attached with the school building shall also be entitled for computation of FSI.
Provided that, in case of area more than 1ha. such area to be earmarked for playground shall be as under :- Sr. No. Gross Area of Land Percentage of Playground 1 Upto 1 ha. 40% 2 Above 1 ha. and upto 2 ha. area as per 1 + 35% of remaining area 3 Above 2 ha. and upto 3 ha. area as per 2 + 30% of remaining area 4 Above 3 ha. and upto 4 ha. area as per 3 + 25% of remaining area 5 Above 4 ha. area as per 4 + 20% of remaining area Provided further that, in cases where space for such playground is not available because of development permissions already granted by the Authority for education purpose and work is completed, such space for playground may not be insisted. viii) Such recreational open space shall not be entirely proposed in marginal distances / set back or major part of it shall not be proposed in marginal distances / set back. However, such recreational open space, bigger than marginal distances and confirming to the Regulation No.3.4.6, may include part of marginal distances/ set back area, if such recreational open space is proposed adjoining to plot boundary.
3.4.2 Recreational Open Space – Owner’s Undertaking The owner shall give an undertaking that the recreational open space shall be for the common use of all the residents or occupants of the layout/ building unit. i) On sanction of the development permission, the recreational open space shall be deemed to have been vested in the society / association of the residents / occupants of the layout/ building unit except as specified otherwise. In case such society or association is yet to be formed, the owner shall give undertaking to the Authority at the time of occupation certificate in case of Group Housing Scheme and at the time of final approval in case of plotted layout, that he will transfer the recreational open space at a nominal cost of Re.1/- to the society/ association whenever it is formed. The recreational open space shall not be sold/ leased out / allotted/ transferred for any purpose, to any other person and it shall not be put to any other use except for the common use of society / association of the residents/ occupants as mentioned in Regulation No.3.4.7.
ii) If the Authority is convinced that, either the owner has failed to abide by the undertaking or such open space is being used in violation of the provisions as prescribed in these regulations, then the Authority shall take over possession of such land of recreational open space for maintaining it for the uses permissible in these regulations, subject to condition that it shall not be further handed over or allotted to any person/ institute/ authority other than the society/ association of the residents/ occupants.
Provided that, it shall not bar the return of the possession of such open space to the original society/ association of plot owners, after taking due undertaking to that effect. Provided further that the cost incurred by the Planning Authority on maintenance of such Recreational Open Space shall be recovered as arrears of dues to the Authority from the owner/ society / association of the residents / occupants till reversion of the possession. 3.4.3 Recreational Open Space – Rearrangement No permission shall be granted to delete / reduce open spaces of the existing sanctioned layout/ subdivision. However, while revising the layout, such recreational open space may be rearranged without decrease in area subject to minimum prescribed area under these Regulations with the consent of plot/ tenement holders/ co-owners, but such revision of recreational open space shall ordinarily not be allowed after a period of 4 years from 1st final sanction. However, such revision of open spaces may be allowed after 4 year also, where plots in the layout are not sold or transferred.
3.4.4 Recreational Open Space – Exclusive The open spaces shall be exclusive of means of accesses / internal roads / designations or reservations, roads and areas for road widening in development plan / Regional Plan. 3.4.5 Recreational Open Space in Green Belt Such recreational open space may be allowed to be earmarked, partly or fully, in green belt area shown on the development plan after leaving distance of 15m. from river and 9m. from nallah, provided, such recreational space is sizable as required under these regulations. Provided that, the only use and structures permissible under the Regulation No.4.11 in respect of Green belt, may be permitted in such open space.
3.4.6 Minimum Dimensions The minimum dimension of such recreational open space shall not be less than 10m. and if the average width of such recreational open space is less than 20m., the length thereof shall not exceed 2 ½ times the average width.
3.4.7 Structures permitted in Open Space If required, structure and uses which can be permitted without counting in FSI in the recreational open spaces shall be as under:- i) There may be maximum two storeyed structure with maximum 15% built up area of recreational open space, out of which, built up area on ground floor shall not exceed 10%. In case of stilt, additional floor may be allowed.
ii) The structures used for the purpose of pavilion, gymnasia, fitness centre, club house, vipashyana and yoga centre, 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 tank (underground or elevated), electric substation, generator set, pump houses, garbage treatment, public health out post/ centre 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 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 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.
3.4.8 Recreational Open Space and Means of Access Every plot meant for a recreational open space shall have an independent means of access. In case of group housing scheme, if such recreational open space is surrounded by or located along buildings and is meant for use by the occupants of those buildings, then independent means of access may not be insisted upon.
3.5 PROVISION FOR AMENITY SPACE 3.5.1 In the areas of Local Authorities, Special Planning Authorities and Metropolitan Region Development Authorities, Amenity Space as mentioned below on gross area after deducting area under reservations/roads in Development Plan including proposals of road widening therein, shall have to be provided in any layout or sub division of land or proposal for development. Area of Land Minimum Amenity Space to be provided.
a) upto 4000 sq.m. Nil.
b) more than 4000 sq.m. and upto 10000 sq.m. (a) + 5% of remaining area. c) more than 10000sq.m. (b) + 10% of remaining area.
These amenity spaces shall be developed by the owner for the uses mentioned in the definition of amenity. However, the Authority may insist for handing over the amenity space to the Authority, if it is required for the following five purposes only. If it is not required for the following purposes and required for other purposes, it may be taken over by the Authority with the consent of the owner.
i) Garden.
ii) Playground.
iii) Municipal School.
vi) Housing for Project affected Persons.
In such circumstances, amenity space shall deem to be reservations/ proposals in Development Plan and Floor Space Index (FSI) in lieu thereof may be made available in-situ on remaining land. The calculation of this in-situ FSI shall be shown on the layout / building plan. If the owner desires to have TDR against it, instead of in-situ FSI, then he may be awarded TDR. The in-situ FSI or TDR shall be granted only after transfer of the amenity space to the Authority. The generation of TDR or in-situ FSI shall be equivalent to the quantum mentioned in Regulation No.11.2of Transferable Development Rights.
Provided that: - i) this regulation shall not be applicable where separate amenity space is mandated by the Government, while sanctioning modification proposal under section 37 or 20 of the Act. In such cases, development of the amenity shall be governed by the conditions mentioned in the said notification.
ii) amenity space shall be approachable by minimum 12m. wide road except the cases where 12m. approach road to the site is not available. If in case of B & C Class Municipal Councils, Nagarpanchayats and R.P. areas, such amenity space may be located on 9 m. road, however, in such case, special building on amenity plot shall not be allowed. iii) this regulation shall not be applicable to Regulation No.4.8.1, (i.e., Regulation for allowing Residential /Commercial user in Industrial Zone),wherein separate provision of land for public amenities/ utilities is made.
iv) this regulation shall not be applicable where entire development permission is for amenities specified in definition of amenity space in these Regulations and also for uses other than residential permissible in agricultural zone. This regulation shall also not be applicable, if construction on entire plot is for hotel building or IT establishment / building. v) this regulation shall not be applicable to the Town Planning Scheme area under MRTP Act, 1966 or similar scheme permitted in agricultural zone.
vi) this regulation shall not be applicable for revision of earlier sanctioned development permissions granted under the regulations in force prior to these regulations and work is commenced, where no such amenity space has been provided in development permission sanctioned earlier.
viii) if some amenity space is provided in the earlier permission, then the quantum of such amenity space in the revised permission :- a) shall be limited to the area provided in earlier permission. b) shall not be reduced even though area of such amenity space is more than what is specified in this regulation.
ix) if owner agrees to construct the amenity and hands it over to the Authority with consent of the Authority, then he shall be entitled for amenity TDR / in-situ FSI as per Regulation No.11.2.
x) the development in amenity space shall be allowed upto building potential mentioned in Regulation No. 6.1 or 6.3.
xi) any other use, not mentioned in these regulations, may be allowed to be developed by the Authority similar to the uses defined as amenity.
3.5.2 In case of Regional Plan areas, the percentage of amenity space to be provided shall be as mentioned in Regulation No. 5.1.8.
3.5.3 Development of Amenity Spaces in Earlier Sanctioned Layout Amenity spaces, which are earmarked in the layout sanctioned tentatively or finally earlier and not so far developed, may also be allowed to be developed for any of the uses mentioned in this regulation. Such amenity building may be allowed to be developed on the road on which such amenity space is located in the sanctioned layout. However, special building shall require a front road as specified in Regulation No. 3.3.9.
3.6 PROVISION FOR ELECTRIC SUB-STATION In case of development/re-development of any land, building or premises mentioned below, provision for electric sub-station shall be made as under, if the requirement for the same is considered necessary by the concerned power supply authority. Sr. No. Plot Area Maximum requirements 1 Plot above 2000 sq.m. One single transformer sub-station of the size of 5m.x 5m. and height of not more than 5m.
2 Layout or sub-division of a plot measuring 2 .0 ha. or more.
A suitable site for an electric sub-station as required by the Power Supply Company.
Provided that the sub-station is constructed in such a manner that it is away from main building at a distance of at least 3 m. and in general does not affect the required side marginal distances or prescribed width of internal access or recreational open space. 3.7 MINIMUM PLOT AREA FOR VARIOUS USES Minimum plot area for various uses shall be as given in Table No.3D below :- Table No.3D Sr.
No.
Uses Min. Plot area (in sq.m.) Min. Plot Width (in m.) Type of Development 1 Residential and Commercial Min 30 As per Table No. 6 D Row / Semi-detached / detached development as specified / anticipated in earlier approved layout or layout to be approved in future.
In other cases, as per permissibility of the construction area taking into consideration the marginal distances.
2 Plots in EWS Housing / High Density Housing / Sites and Services / Slum Upgradation / Reconstruction Scheme by Public Authority.
Min 20 sq.m. or as specified in the respective scheme.
Row / Semi-detached / detached.
3 Vehicle fuel Filling station including LPG / CNG / Ethanol /Public Charging Stations for Electric Vehicles-
(a) Without service bay As required by the concerned authority.
As required by the concerned authority.
Detached.
(b) With service bay --do -- -- do -- Detached.
4. Industrial (other than service industries) 300 10 m. Detached.
5 Other uses (other than 1 to 4 above) Required plot size and development shall be governed by permissibility of construction under these regulations.
Note- i) In case of plotted layout, the plot width to depth ratio shall be 1:1.5 to 1:2.5;as far as possible. ii) In case of Ulhasnagar, plot sizes and development shall be considered as per the lease or sanad or patta granted by Government / Authority.
iii) In case of Sr.No. 1 above, pattern of development permissible within a plot shall be shown in dotted line while approving the layout. However, change in pattern may be permitted in future, if it fits into above pattern of development and does not disturb the overall pattern of development already approved.
3.8 PROVISION FOR INCLUSIVE HOUSING 3.8.1 This regulation shall be applicable only to Municipal Corporations having population 10 lacs or more as per the latest Census, as mentioned in Regulation No.3.8.2. 3.8.2 Inclusive Housing – Provision for inclusive housing shall be applicable in following cases :-
(a) For the sub-division or layout of the land :- For the sub-division or layout of the land admeasuring 4000 sq.m. or more (after deducting area under D.P. / R.P. Roads, D.P. Reservations including deemed reservations under these regulations, if any) for residential purpose, minimum 20% of the plot area shall have to be provided either :- i) in the form of developed plots of 30 to 50 sq.m. size for Economically Weaker Sections/Low Income Groups (EWS/LIG), (hereinafter referred to as “affordable plots”) for allotment to the allottees as per the list provided by MHADA OR ii) in the form of plot / plots equivalent to 20% plot area for constructing EWS/ LIG tenements to be handed over to MHADA. Within this 20% area, proportionate road and recreational open space area of this 20% space, shall be included, OR iii) Land owner/ Developer can exercise an option to construct EWS/ LIG tenements on the said 20% plot area as per provisions specified in subsequent regulation No (b). Provided that the affordable Housing Plots / tenements as mentioned in (i, ii and iii) above can also be provided at some other location(s) within 1 km. from original location or within same ward, OR iv) The Landowner/Developer may handover the affordable plots to MHADA at one place in lieu of FSI / DR as per TDR regulations to be utilised on the remaining plots. Provided that in case the Landowner / Developer desires not to utilize such additional FSI / DR in the same land, fully or partly, then he shall be awarded TDR in lieu of such unutilized additional FSI. The utilization of this TDR shall be subject to the provisions of TDR regulations.
(b) For Group Housing Scheme:
For a plot of land, admeasuring 4000 sq.m. or more (after deducting area under D.P. / R.P. Roads, D.P. Reservations including deemed reservations under these regulations, if any) to be developed for a Housing Scheme consisting of one or more buildings (hereinafter referred to as 'the said Scheme'), EWS/ LIG Housing in the form of tenements of size ranging between 30 and 50 sq.m. built-up area (hereinafter referred to as 'affordable housing tenements) shall be constructed at least to the extent of 20% of the basic FSI subject to the following conditions:- i) The built up area of the EWS/ LIG tenements constructed under the Scheme shall not be counted towards FSI and such built-up area of EWS/LIG tenements (20%) shall be over and above the permissible FSI/ TDR as per UDCPR.
ii) The Landowner/ Developer shall construct the stock of the affordable housing tenements in the same plot and the Authority shall ensure that the Occupation Certificate for the rest of the development under the said scheme is not issued till the occupation certificate is issued for the Affordable Housing tenements under the scheme.
Provided further that the Affordable Housing tenements can also be provided at some other location(s) within 1 km. from the original location or within same ward to the extent of 40% of basic permissible FSI over and above permissible built up area of the receiving\ alternative plot and such area shall be free of FSI on such alternative plot. However, Affordable Housing tenements to be constructed on such alternative plot shall be increased in proportion to the land rate of the respective lands for that year. iii) The Owner / Developer, after getting commencement certificate of Affordable Housing component as mentioned above shall immediately intimate to MHADA regarding the numbers of tenement to be disposed by them to the allottees. Upon such intimation, MHADA within a period of six months, from the date of receipt of such intimation, after following procedure, shall send the list of allottees and forward it to the Owner / Developer. The Owner / Developer shall allot such tenements to the allottees at the construction cost mentioned in ASR applicable of the year of disposal (date of occupancy certificate) plus 25% additional cost. Out of this 25% additional cost, 1% shall be paid to MHADA towards administration charges by the Owner / Developer.
If the allottees fails to deposit the amount in the phased manner as specified in the agreement within specified time limit, then the allotment shall stand cancelled and in such case the owner / developer shall dispose of such tenements in the market at the construction cost in ASR applicable to the land of the year of disposal plus 25% additional cost. This shall also be applicable for plots mentioned in (a) above. If MHADA fails to send the list within the period of six months as specified above, any other Authority as decided by the Government shall send the list of allottees within six months. If such Authority also fails to send the list as specified above, the Owner / Developer shall be at liberty to dispose of the tenements in the manner mentioned in the para above.
Provided that these regulations shall not be applicable :- a) in case of individual bungalow irrespective of plot area, redevelopment of existing buildings of Co-operative societies / development of buildings of Government / Semi- Government / Government controlled bodies including BOT / PPP projects or projects under taken through agency development under Regulation No.7.3, development of MHADA colony under Regulation No.7.4, Development of housing for EWS / LIG under Regulation No.7.7, Development of PMAY under Regulation No.14.4,any development in agriculture (or equivalent) zone.
b) in case of development of reservation for Public Housing, Housing the Dis-housed, Public Housing / High Density Housing and the EWS/ LIG tenements constructed under the provisions of any other Act, land exempted and developed for weaker section housing scheme under section 20 of ULC Act and allowing Residential / Commercial user in Industrial zone.
c) if company/ factory establishment proposes to construct staff quarters for their staff on their own land and such construction which is meant to be used for only staff quarters and not for sale of tenements/ flats.
d) lands reserved in Development Plan which are being developed under Accommodation Reservation policy.
e) For any Housing Scheme or residential development project wherein, owing to the relevant provisions of the Development Control Regulations / Laws, 20% or more of the basic FSI is required to be utilized towards construction of residential tenements for the EWS/ LIG.
iv) The Landowner/ Developer may also be permitted to utilise 1/4th of the total 20% FSI earmarked for Affordable Housing towards construction of Affordable Housing Tenements in the form of service quarters in the same or separate building which shall have to be sold as service quarters only to the purchasers of free sale flats under the said scheme.
v) Affordable Housing tenements to be constructed to the extent of 20% of basic FSI only and shall not be required on additional FSI/ TDR wherever permissible as per
UDCPR.
vi) Amalgamation of affordable plots/ affordable tenements shall not be allowed. vii) The Government may nominate any other Authority instead of MAHADA mentioned in the above Regulation, if required in future.
(c) Prospective Applicability: These Provisions shall be applicable prospectively and shall not be applicable to revised permission of any Layout, Housing Scheme or residential development project wherein Commencement Certificate has been issued prior to the date of coming into force of these provisions and is valid on such date. However, this provision shall be applicable to revised permission where revised permission is sought including additional area more than 4000. In such case, this provision shall be applicable to additionally included area.
Provided that, earlier permission wherein provision for affordable housing is made in accordance with the then prevailing regulations, shall also be entitled for revision under this regulation.
3.8.3 If owner/developer desires to construct inclusive housing, even though it is not mandatory, inclusive housing may be provided with prior NOC from MHADA with respect to requirement of EWS / LIG housing, then in addition to basic entitlement he shall be entitled for, additional 25% FSI of the land covered under Inclusive Housing on his remaining land. 3.8.4 Provision of Inclusive Housing shall not be applicable, if the plots are auctioned by public authorities without the condition of providing Inclusive Housing before coming into force of these regulations. However, it shall be mandatory on public authorities to stipulate the condition of providing Inclusive Housing as per provision of this regulation, while auctioning the plots hereinafter, wherever applicable.
3.9 NET PLOT AREA AND COMPUTATION OF FSI For the purpose of computing FSI/ Built-up area, the net area of the plot shall be as under :- i) In case of a plotted layout/ sub-division/ group housing scheme/ any development, net area shall be the balance plot area after deducting the area covered by amenity space under Regulation No.3.5 and Development/ Regional Plan proposals including new roads and road widening, if any, from the total area of plot.
ii) For the purpose of computation of FSI/ built-up area, the net area of the plot shall only be considered.
iii) In case of plotted layout, the basic FSI of such net area shall be distributed on all plots on pro-rata basis or on certain plots as land owner desires, subject to maximum receiving potential prescribed in these regulations. However, such entitlement of FSI on certain plots shall be clearly mentioned on the layout plan.
iv) In case of plots from already approved layouts, the plot area shall be treated as net plot area. v) The above regulations in respect of net plot area and computation of FSI shall apply to proposals in all land use zones.
3.10 TRANSFER OFLAND UNDER DP SITES (OTHER THAN DP ROAD) IN LIEU OF FSI If in any development proposal, owner desires to hand over the reserved site / area free of cost to the Authority, then FSI of such reserved site / area equivalent to the TDR may be allowed to be utilized on the remaining land. Transfer deed to that effect shall be executed and FSI calculation shall be mentioned on the plans of development proposal. In case of plotted layout, distribution of FSI on plots in pursuance of such transfer shall be as desired by the owner and upto maximum building potential according to road width as mentioned in regulation no.6.3. It may differ from plot to plot, however the receiving plot shall front on road having minimum 9 m. width. If some FSI remains unutilized, the owner shall be entitled for TDR against the remaining FSI. In such cases where in-situ FSI is proposed to be used, the procedure of DRC shall not be insisted. 3.11 RELOCATION OF DP-RP SITES / ROADS If the land proposed to be laid out for any development is affected by any reservations of public purposes, the Authority may allow adjusting the location of such reservation to suit development without altering the area of such reservation. Provided that such shifting of the reservations shall not be permitted:- a) If the reservation proposed to be relocated is in parts;
b) If the reservation proposed to be relocated is beyond 500 m. from the original location in the Development Plan;
c) If the reservation proposed to be relocated is beyond the holding of the same owner; d) Unless the alternative location and size is at least similar to the location and size of the Development Plan as regards access, levels, etc.;
e) If the reservation is already relocated under these regulations; f) If the land is reserved considering its geographical location like Bio-Diversity Proposal, Nallah training reservation etc. and;
g) Unless the relocation is within area covered by the layout or development permission under sanction.
All such relocation of the reservations shall be carried out by the Authority and shall be reported to the Government and Director of Town Planning, Maharashtra State at the time of sanctioning the development permission. The Development Plan is deemed to be modified to that extent. Notwithstanding anything contained in this regulation, the relocation of the reservation from a land may also be permitted on any land within 300 meters belonging to other owner’s land if the said other owner consents (by way of registered deed) to such relocation of reservation on his land and consents to hand over his land to the Planning Authority where reservation is proposed to be relocated in lieu of TDR and also subject to restrictions mentioned in above sub regulation No. (d), (e), and (f). In such case, the other owner may not be insisted to submit the layout or development proposal for his land.
In case of shifting of road alignment, the same shall be allowed without change in the inlet & outlet points and also, without affecting smooth flow of traffic. Provided that such shifting shall be carried out by the Authority in consultation with Divisional Joint Director of Town Planning in case of D class Municipal Corporations, Municipal Councils, Nagar Panchyats and Regional Plan areas.
In such case of shifting, the Development Plan / Regional Plan shall be deemed to be modified to that extent.
3.12 AMALGAMATION OF PLOTS i) Amalgamation of plots / lands shall be permissible if they form a sizable plot from planning point of view and are contiguous. Amenity and layout plot shall also be entitled for amalgamation provided amenity is developed on proportionate area. ii) The amalgamation of plots from approved layout which is not desirable from planning point of view (e.g. as shown in below) shall not be permitted.
iii) Land separated by minor water course or nallah or road may be entitled for amalgamation provided connecting over bridge or under pass of sufficient width and strength is constructed by the owner with the approval of the Authority.
DEVELOPMENT OF CYCLE TRACK ALONG RIVER AND NALLAH
A regulation in respect of development of cycle track along river and nallah for Nashik Municipal Corporation area is given at Regulation No. 10.5.2.
For other Municipal Corporations, following regulations shall be applicable. A cycle track shall be developed in green belt areas earmarked on Development Plan along the rivers. Also, cycle track be developed along the major nallah. A distance of 6 m. from the edge of minor water course (nallah) is to be left as marginal distance for construction of any building. A 3 m. strip of land from the edge of such water course out of this 6 m. distance to be left, shall be available for use as cycle track for general public. The compound wall shall be constructed excluding this distance of 3 m. strip for cycle track. The owner shall be entitled for FSI of this strip of land for cycle track, in-situ. This 3m. wide strip shall be handed over to Municipal Corporation for which, owner shall be entitled for TDR or in- situ FSI equivalent to 35% of the area of 3 m. wide strip. This regulation shall be applicable for development of land along nallahs and Green Belt areas as and when it is notified by the Municipal Commissioner after identifying such green belt and nallahs. Where development is already taken place and it is not possible to make provision for such 3 m. wide cycle track, then Municipal Commissioner shall not identify such green belt / nallahs.
CHAPTER -4
LAND USE CLASSIFICATION AND PERMISSIBLE USES
4.1 GENERAL i) In case of development / re-development of any land, building or premises, the intended use shall conform to the land use or, as the case may be, purpose of designation, allocation or reservation assigned to it in the Development Plan / Regional Plan/ Planning Proposal, unless specified otherwise.
ii) Non-Conforming Uses Existing Lawfully - Any lawful non-conforming use of premises existing prior to the date of coming in to force of the Development Plan / Regional Plan/ Planning Proposal shall continue and may be allowed to be expanded within the holding in the original sanctioned permission and that when a building containing non-conforming use is pulled down or has fallen down, the use of the new building shall be in conformity with these regulations or with lawful existing use.
iii) Existing features shown on the plan – The existing features shown on Development/ Regional Plan are indicative and shall stand modified on Development/ Regional Plan/Planning Proposal as per actual situation. Mention of particular use on Development/ Regional Plan shall not bar the owner from permission to develop land as allowed in the zone shown for such land. Also, boundaries of S.No., alignment of existing road/ nallah and other physical features of land shall be as per measurement plan of Land Records Department and the land unaffected by such physical features shall be allowed to be developed for the uses permissible under the adjoining predominant land use zone. iv) Development of Parking – The Authority may develop any land, owned by or in possession of the Authority, for public parking in any of the forms - single or multi-storeyed, underground or above ground, irrespective of its existing use or proposed use in Development / Regional Plan/Planning Proposal.
Provided that the Authority may allow Basement Parking below existing or proposed Play Ground, in the plan at one or two levels below the ground level subject to conditions, as may be prescribed by the Authority.
v) Discontinuance of Zoning in pursuance of existing use– If any land is shown in Public Semi–Public zone or Public Utility Zone because of the activity that existed there or otherwise, such lands shall be deemed to have been shown in the adjacent predominant Zone after such activity ceases to exist, unless otherwise prohibited. 4.2 LAND USE CLASSIFICATION AND EQUIVALENCY OF ZONES The different land use classifications in Development / Regional Plan / Planning Proposal & different uses permissible in that land use zone and equivalency of zone in various Authorities' areas shall be as given below:- I) Residential Zone -Following other zones shall be treated as equivalent to Residential zone. i) Residential Zone – (R1) ii) Residential Zone with Shop line. (R-2) iii) General Residential Zone.
v) Residential Zone -R-4 with payment of premium.
vii) Special Residential Zone.
viii) Pre-dominantly Residential Zone.
ix) Slum Improvement Zone.
x) Low Density Residential Zone in Development Plan of Jalgaon. xi) Mix use Zone.
II) Low Density Residential Zone.
III) Future Urbanisable Zone.
IV) Commercial Zone -Following other zones shall be treated as equivalent to Commercial Zone.
i) Local Commercial - (C-1) ii) Commercial Zone – (C-1)/ Special Commercial Zone/ Business Hub Area/ Central Business District Zone iii) Commercial Zone - (C-2) V) Industrial Zone - Following other zones shall be treated as equivalent to Industrial Zone. i) Service Industries - (I-1) iii) Special Industries (I-3) iv) Wholesale Market and Warehousing.
v) Transport Hub and Logistic Park.
VI) Loom Industry cum Residential Zone.
VII) Public Semi-public Zone - following zone shall be treated ad equivalent to Public Semi- public Zone.
i) Institutional.
VIII) Agricultural Zone – Following other zones shall be treated as equivalent to Agricultural Zone.
i) Horticultural Zone.
iii) No Development Zone.
iv) Green Zone - 1. / Green Zone.
v) Cattle Shed Zone.
IX) Green Belt / Green Belt Zone. (Other than Reservation of Green Belt.) / River Protection Belt. (other than reservation) - Following zone shall be treated as equivalent to Green Belt / Green Belt Zone.
i) Recreational land use.
X) Traffic and Transportation Zone - Following zone shall be treated as equivalent to Traffic and Transportation Zone i) Marshalling yard.
XI) Regional Park Zone.
XII) Tourism Development Zone- Following zone shall be treated as equivalent to Tourism Development Zone.
i) Tourist Centre ii) Hill Station Zone.
XIII) Afforestation Zone.
XIV) Hill Top-Hill Slope Zone (HTHS) (Slope having gradient more than 1:5 irrespective of whether shown on plan or not.) / Hilly area.
XVI) Forest Zone.
XVII) Defence Zone.
XVIII) Mines and Quarry Zone - Following zone shall be treated as equivalent to Mining and Quarry Zone.
i) Quarry to Park Zone, XIX) Public Utility Zone.
XXI) Special Economic Zone.
XXII) Airport and Allied Activities / Service Zone.
Note : In case, any land use zone is not listed above, the equivalency of such zone shall be decided by the Director of Town Planning, Maharashtra State, Pune. (Residential Zone R1 includes Residential plots abutting on roads below 9m. in width in congested area shown on the Development Plan and on roads below 12m. in width in outside congested area (i.e. in non-congested area)).
(In case of C Class MCs, Nagarpanchayats and R.P. areas, the above road width of 12 m. shall be 9 m. in non-congested area).
The following uses and accessory uses to the principal use shall be permitted in buildings or premises in purely Residential Zone, subject to other regulations:- i) Any residences, Slum Improvement / Rehabilitation.
ii) Hostels for students / working men/ women, lodging with or without boarding facilities. iii) Old age home, sanatorium, orphanage, night shelter dormitories. iv) Customary Home occupation i.e. occupations customarily carried out by the members of the household without employing hired labourer and shall include stitching, embroidery, beauty parlour, button making etc. with or without motive power. If motive power is used, the total electricity load should not exceed 1 HP (0.75kw).
v) Medical and Dental Practitioner's Dispensaries including pathological laboratory, diagnostic clinics, polyclinics, counselling centres, clinics, to be permitted on any floor. Maternity homes, clinics, nursing homes with indoor patients with bed not exceeding 20 on any floor with separate means of access of staircase from within the building or outside may be permitted but not in any case within the prescribed marginal open spaces. Where doctor's residence is located on upper floor, then such separate means of access of staircase may not be necessary.
vi) Professional Offices in residential tenement for own purpose not exceeding carpet area of 50 sq.m. each vii) Community halls, welfare centre, gymnasia (each not exceeding 100sq.m.) viii) Primary and nursery schools including students' hostels except trade schools ix) Crèche, Day-care centre upto 100sq.m.in an independent building or part of building. x) Private coaching classes, student’s mess in an independent building or part of building upto100 sq.m. Subject to separate parking facility in the same premises. xii) Public/ City Libraries and Museums in independent building or on ground or first floor of the composite building.
xiii) Club Houses or gymkhanas in residential complexes.
xiv) Public or Private Park (except an amusement park), garden and play field in independent plot not used for business purpose.
xv) Bus shelters, Taxi-Rickshaw stands, trolley bus shelters, Railway Station, Metro station, BRT stand, cycle stand and like uses.
xvi) Convenience shops only on ground floor.
xvii) Police Station, Police chowky, Government and Municipal sub-offices, Post and Telegraph Offices, Branch offices of Banks with safe Deposit Vaults, Electric substations, Fire Aid posts, Home Guards and Civil Defence Centres, essential Public utilities, Pumping stations, water installations and ancillary structures thereof required to cater to the local area. xviii) Electronic Industry of the Assembly type (not of the manufacturing type) with the following restrictions :- a) Motive Power shall not exceed 1 H.P.
xix) Information technology establishment (ITE) (pertaining to software only) on the plots/ premises fronting on roads having width 9m. and above xx) Flour mill and wet / dry masala grinding / subject to following conditions: - a) Power requirement shall not exceed 10HP.
xxi) Burial grounds, cremation grounds and essential public utilities, on a road having width of 9m. and above xxii) Agricultural, horticultural and allied uses (except agro-based industries). xxiii) Raisin production, book binding.
xxiv) Public conveniences.
xxv) Research, experimental and testing laboratories not involving any danger of fire or explosion or of any obnoxious nature (Residential Zone R2 includes Residential plots abutting on roads having existing or proposed width of 9 m. and above in congested area and 12 m. and above in non-congested area). (In case of C Class MCs, Nagarpanchayats and R.P. areas, the above road width of 12 m. shall be 9 m. in non-congested area).
4.4.1 In this zone, the following uses, mixed uses may be permitted i) All uses permissible in R-1 shall be permitted in R-2 zone, without any restriction of area, ii) All uses or mix uses may be permitted irrespective of restriction on floor or area, except uses mentioned at Regulation No. 4.8 (ii), 4.11(viii, xviii, xxi, xxii, xxxi, xxxvii), 4.21 and like. iii) All Uses permissible in Public Semi-public Zone.
4.4.2 Uses Permitted in Independent Premises/ Buildings i) Vehicle Fuel filling Station including LPG / CNG / Ethanol with or without service stations subject to provisions of Regulation No.4.11(vi) (c, d and e) and subject to provisions in Regulation No. 6.2.2. Sr. No. 6 of Table 6E. (This station may include Electric Vehicle Charging Stations) ii) Trade or other similar schools.
iii) LPG godown, Bulk storage and sale of kerosene subject to NOC of Chief Controller of Explosives, Government of India.
iv) Service Industries:- The Service Industries may be permitted in independent building / Plot as given below :- a) Following Industries may be permitted with power requirement not more than 10 h.p., employment not more than 9 persons and floor area not exceeding 100 sq.m. (I) FOOD PRODUCT i) Manufacture of milk and dairy products such as butter, ghee, etc. ii) (a) Rice huller
(c) Grain Mill for production of flour
(d) Manufacture of supari and Masala grindings.
(e) Baby oil expellers iii) Manufacture of bakery products with no Floor above.
iv) Coffee, curing roasting and grinding v) Manufacture of Ice vi) Sugarcane crushing & Fruit Juice i)Manufacture of bidi ( May be permitted in R-1 Zone also) (III) TEXTILE & TEXTILEPRODUCTS i) Handloom / power-loom of yarn for a maximum of 4 looms.
ii) Embroidery & making of crape laces & fringes iii) Manufacture of all types of textile garments including wearing apparel. iv) Manufacture of made up textiles goods such as curtains, mosquito net, mattresses, bedding material pillow cases, textile bags. etc. (IV) WOOD PRODUCTS AND FURNITURE Manufacture of wooden furniture and fixtures.
(V) PAPER PRODUCTS AND PRINTING PUBLISHING i) Manufacture of cartons and boxes from papers and paper board, paper pulp, ii) Printing & Publishing newspaper.
iii) Engraving etching block making etc.
iv) Book binding(May be permitted in R-1 Zone also) Repair of footwear and other leather.
(VII) RUBBER AND PLASTIC i) Re-treading and vulcanizing works ii) Manufacture of rubber balloons, hand gloves and allied products (VIII) METAL PRODUCTS i) Manufacture of metal building components such as grills, gates. Doors and window frames, water tanks, wire nets, etc.
ii) Tool sharpening and razor sharpening works Repairs of household electrical appliances such as radio set. Television set, tape recorders, heaters, irons, shavers, vacuum cleaners, refrigerators, air- conditioners, washing machines, electric cooking ranges, motor rewinding works etc.
i) Manufacturing of push cart, hand cart, etc.
ii) (a) Servicing and repairing of bicycle, rickshaws, motor cycle and motor Vehicles
(b) Battery charging and repairs.
(XI) OTHER MANUFACATURING AND REPAIR INDUSTRIES AND
SERVICES
i) Manufacture of jewellery and related articles ii) Repair of watch, clock and jewellery iii) Manufacture of Musical instruments and its repair.
iv) (a) Repairs of locks, stoves, umbrellas, sewing machines, gas burners, buckets & other sundry household equipment.
(b) Optical glass grinding and repairs v) Petrol/CNG/Ethanol/All fuel filling/Electric Vehicle Charging Stations) subject to provisions in Regulation No. 6.2.2. Sr. No. 6 of Table 6E. vi) Laundries, Laundry service and cleaning, dyeing, bleaching and dry cleaning vii) Photo processing laboratories.
viii) Electronic Industry of assembly type (and not of manufacturing type including heating load) ;
b) Following service industries may be permitted without restrictions mentioned in (a) above.
(I) FOOD PRODUCT Canning & preservation of Fruits & Vegetables, Meat and Fish including production of Jam, Jelly, Sauce, etc.
(II) PAPER PRODUCTS AND PRINTING PUBLISHING Printing & Publishing periodicals, books journals, atlases, maps, envelope, printing picture, post-card, embossing 4.5 LOW DENSITY RESIDENTIAL ZONE In this zone, all uses permissible in Residential Zone shall be permitted subject to FSI restrictions mentioned in these regulations. (Chapter 10) 4.6 FUTURE URBANIZABLE ZONE In this zone all uses permissible in Residential Zone shall be permitted subject to fulfilment of following requirements.
i) For extending offsite infrastructure like road, water supply, sewage line, electricity, to the land, the expenses shall be borne by the owner and shall be deposited with the Authority as per the expenses communicated by it. However the owner shall have liberty to construct such infrastructure at his own cost, as per the drawing, design and specification approved by the Authority.
ii) If the land is located on Development Plan road of width more than 18 m., then construction of road of width 18 m. to his land, shall be the liability of the owner, else 12 m. wide road with asphalting shall be necessary.
4.7 COMMERCIAL ZONE In commercial zones, buildings or premises shall be used for the uses and purposes given below :- i) Any use permitted in residential R2 zone.
ii) Any commercial use, wholesale establishments with or without storage area, iii) Uses permissible in Public Semi-public Zone.
iv) Public utility buildings.
v) Activities permissible in Service Industries.
4.8 INDUSTRIAL ZONE Industries shall include any building or part of a building or structure, in which products or materials of all kinds and properties are fabricated, assembled or processed, for example assembly plants, laboratories, dry cleaning plants, power plants, pumping station; smoke houses, laundries, gas plants, refineries, dairies and saw - mills.
The following uses shall be permissible in Industrial Zone.
i) The service industries as listed in Regulation No.4.4.2 (iv) without restrictions on power requirement, employment, floor area and other restrictions.
ii) Any industry / industries may be permitted. Minimum buffer open space / set back (which may include marginal distance and road width if any) from the boundary of industrial Building / use to residential or habitable zone/ use, shall not be less than 23 m. Such buffer open space shall be kept in the land falling in the industrial zone. In cases where construction has already taken place in Industrial Zone, then such Buffer open space may be kept in a Residential Zone.
Provided that, the area under such buffer open space / setback shall not be deducted for computation of FSI.
Provided further that, if the land under industrial zone is utilized entirely for non-polluting industries, IT / ITES or like purposes, then such buffer zone / open space shall not be necessary.
Provided further that, industrial godowns/ godowns shall also be permissible under this regulation.
iii) Building or premises in industrial zone may be used for any industrial as well as accessory uses like banks, canteens, welfare centre and such other common purposes considered necessary for the industrial workers, quarters of watchmen, caretakers or other essential staff required to be maintained on the premises. Such residential/ commercial/ other uses may be permitted up to 25% of the total proposed built-up area of such industrial use. iv) Following uses may also be permitted a) Parking lots, b) Buildings of public utility concerns, c) Buildings of Banks, d) Residential Hotels, Restaurants, f) Drive-in-Theatres, cinema or theatres, subject to provisions of the Maharashtra Cinemas (Regulation) Act, g) Highway amenities as permitted in Agriculture zone with FSI at par with Industrial zone,

Provisions this regulation answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Maharashtra Regional and Town Planning Act s. 2 Definitions

Other instruments under the same Act

All of the The Maharashtra Regional and Town Planning Act, 1966

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