UDCPR Prsentation Patil Sir 12 To 15
UDCPR Prsentation Patil Sir 12 To 15
UDCPR Prsentation Patil Sir 12 To 15
CONTROL AND
PROMOTION
REGULATIONS FOR
MAHARASHTRA STATE.
Chapter No. 12 to 15
IMPORTANCE OF DCPR
• Sequence -
• Language and its interpretation -
• Letter and spirit / intent, context
• Proviso – contextual riders / conditions
• Cross linkage
• Tables and notes
• What would prevail over what
– Not withstanding anything, contained in these regulations
– Not withstanding anything contained in regulation no.---------
FREQUENT MISTAKES AND PRECAUTIONS
• Levy of Charges - which, when
• Calculation of Charges – Development charge, Premium
Charges – while referring ASR.
• Provisos and notes not read properly
• Calculation of FSI
• Availability of existing access of required width
• Mention of unnecessary conditions
• Procedure of revocation u/s 51 not followed
• Communication of various compliances at various times
• Disposal / communication not in time
• Too much reliance on Online System of permission
• Layouts / subdivision of adjoining lands not referred
REASONS FOR APPEAL U/S 47
• Permissibility of users
• Permissibility of FSI
• Building services – planning, design and installation of electrical appliances, A/c, heating work shall be
according to NBC.
– Follow the requirements given in the various table for various occupancies in the UDCPR.
• Signs and outdoor display structures shall be accordance with NBC and directives by Government, rules
framed by the Authority, no such structure be permitted on Heritage / Architecture / Aesthetical building, on
7
Parking
• Surface parking for two car spaces shall be provided near entrance with
maximum travel distance.
• Guiding floor materials shall be provided or a device, which guides visually
impaired persons with audible signals,The information stating that the space is
reserved for wheel chair users shall be conspicuously displayed
Building requirements
• Approach to plinth level( by Ramped Approach or by Stepped approach -Every
building should have at least one entrance accessible to the differently abled and
shall be indicated by proper signage. i) This entrance shall be approached through
a ramp together with the stepped entry device that emits sound to guide visually
impaired ii) In case there is a difference of level, slope ways shall be provided
with a slope of 1:12. iii) Hand rails shall be provided for ramps/slope.
• Corridor connecting the entrance/exit for the handicapped can be provided to
visually either by a person or by signs, shall be provided i) Guiding floor
materials or ways.
• Stair-ways-One of the stair-ways - near the entrance / exit for the differently
abled shall be provided.
Lift-
• provision of at least one lift shall be made for the wheel chair user
Toilet
• One special W.C. in a set of toilets shall be provided for the use of differently
abled with essential provision of washbasin near the entrance for the
handicapped.
Drinking Water
• Suitable provision of drinking water shall be made for the differently abled
near the special toilet provided for them.
Installation of Solar Assisted Water Heating System (SWH) Roof Top
Photovoltaic System (RTPV)
Incentive
• The Owner/Developer/Society setting up and agreeing to periodically maintain
such Grey Water Treatment and Recycling Plant entirely through their own
expenditure shall be eligible for an incentive in the form of fiscal benefits in
Property Tax to the extent of 5% to Tenement holder/Society.
Penalty Clause-
• Any person/ Owner/ Developer/ Organization/ Society violating the
provisions of these bye- laws, he shall be fined Rs.2,500/- on the day of
detection and if the violation continues, then he shall be fined Rs.100/- for
every day as concrete action after written Notice from Authority.
• Plan of what to do that is formulated and implemented for the benefit of the
public.
• If the Integrated Township area is more than 200 Ha., it can be segregated as
long as each parcel is more than 40 Ha. and is located within a radius of 5
kms. Provided that the land use mix is maintained in each parcel.
• Access by means of an existing, or proposed road having minimum width of
18 mt. In case of proposed road, such area shall have an access by existing
road having width 12 mt. for the purpose of declaration locational clearance
and LoI of such project but it is necessary for the project proponent to have an
existing access of 18 mt. before sanction of Commencement Certificate to
the FSI beyond 25% of project.
Ownership of Lands
The project proponent/s shall have the ownership of all the land parcels under
project. (Explanation - for this clause, ownership includes rights accrued vide
one or more registered Development Agreement/s or Power of Attorney
(PoA) for such development and disposal, on behalf of land owner/owners).
F.S.I.
• The FSI of such lands shall be permissible 1.0, if premium is paid by the project proponent.
The FSI is to be calculated on Gross Plot Area under Master Layout Plan without deducting
any areas under the slopes within HFL, etc.
Type of Zone Premium Charges
A Afforestation Zone, Hill Top & Hill Slope Zone as shown on Regional Plan / 15 %
Development Plan.
B Public / Semi-public Zone, Industrial Zone, TH & LP 8%
c Agriculture/ No Development Zone/G1 zone / Low Density Residential Zone / 10 %
Buffer Zone of ESZ and other zones excepting at Sr. No. a & b above.
• Premium charges shall be calculated by considering the agriculture land rate of the said
land as prescribed in Annual Statement of Rates (ASR) without applying the guidelines. If
agriculture land rate is not mentioned in ASR, in such cases the Agricultural land rate for
such land will be decided by referring the matter to the Inspector General of Registration.
Thereafter the premium will be calculated by considering the land rate given by IGR in such
cases.
• Out of total premium
– 10% - Locational Clearance,
– 10% - letter of Intent,
– 20 % - sanctioning of Master Layout Plan
– 60% - four equal installments per year and subject to interest as per Prime Lending
Rate. (PLR)
Additional FSI for Bigger Townships
Additional FSI on payment of premium at the rate of 10% of the weighted average land
rate of the said land as prescribed in Annual Statement of Rates for the relevant year, without applying
the guidelines therein. Such premium shall be paid at the time of Building permission.
• Additional FSI in lieu of construction of tenements for social housing shall be permissible as
prescribed in Clause 9, without charging premium.
• Flexibility to utilize the maximum permissible built-up area as prescribed above, anywhere in the
area under sanctioned Master Layout Plan.
Social Housing:- Not to be counted in F.S.I., No Premium.
Total Area of ITP = 40 Hect.
Built-up Area under LIG tenement (75% of 3.6 Hect.) = 2.7 Hect
• Intelligent traffic management, non –vehicle street zones, smart parking, Energy efficient street lighting
,encouragement to Non-motorised transport,
• Network of 3m or more wide dedicated and physically segregated cycle track in entire Township
• At least 10% energy requirement to be met by non-conventional energy sources, use of solar water
heating system, solar lamps and pumps, rain water harvesting, recycling of used water, double plumbing
pipeline
• Effective security and safety with CCTV surveillance, centrallised control room, broad band connectivity
to all residences, online grievance redressal system, citizens participation in decision making about
common issues,
• Urban design concept plans,e-DCR for bldg plans,3D maps on GIS for utility services network,
emergency response centre for all infrastructural facilities
• Real time environmental monitoring, Green building norms for the infrastructure as per guidelines under
Smart City.
General Stipulations:-
• The Project Proponent/s shall plant indigenous trees at the rate of at least 150
trees per ha. and maintain it properly.
• All the amounts of scrutiny fees, charges, premium etc. payable to the
Government shall be deposited with the concerned Branch office of the
Town Planning.
• The Project Proponent/s shall submit a bank guarantee of an amount equal to the 15% of estimated
development cost required for development of the basic Physical infrastructure such as roads, water
supply, drainage & garbage disposal, Trunk installations for power supply, fire brigade station & fire
engines.
• Such development cost be worked out as per respective phases taking into consideration the phased
programme for development of infrastructure.
• Developer shall complete the Special Township Project within 10 years or such period as allowed by the
Government from the approval to the master plan. Developer shall develop and maintain the all
infrastructure (internal street light, roads etc.) up to the completion of the ITP project.
• Within such period or till the authority is formed as per clause no.12.9, the concession in property tax
levied by the respective Grampanchayat or the respective Planning Authority shall be 66% of normal
rate as prescribed under the Grampanchayat Act or under Maharashtra Municipal Council, Nagar
Panchayat and Industrial Town ship Act 1965 or Maharashtra Municipal Corporation ACT. Such
property tax shall be levied from date of Occupancy Certificate.
• Respective Grampanchayat / Planning Authority shall provide mandatory provisions like Birth and
Death Registration Certificate etc. for the same period in such ITP.
• The utilities like fire brigade, police station / chauki etc. shall be handed over to the nearest respective
Authority at the terms and condition decided by the respective authority.
• It shall be mandatory for the Project Proponent/s to provide appropriate width of road to the land not
owned by the project proponent which is surrounded by the Township Area
Special Concessions:-
1. Deemed conversion for Non-Agricultural (N.A.) Use:- The lands under approved
Master Layout Plan shall be considered as deemed N.A. No separate permission shall
be required under the provisions of Maharashtra Land Revenue Code, 1966. The
amount of nonagricultural assessment shall be exempted to the extent of 50% of
the normal rate for the land under Integrated Township Project.
2. Grant of Government land: - The Government land/s, if surrounded or adjacent by
the lands owned by the Project Proponent/s, may preferably be granted to the Project
Proponent/s, as per the rules and regulations to that effect, by the Revenue and Forest
Department of the State Government. Maximum 10% of the total area under
township shall be allowed to be included in such township.
3. Concession in Stamp Duty:- For the purchase of land by project proponent for
township area or for the first transaction from Project Proponent/s to Purchaser of any
unit under any user from approved Master Layout Plan or subsequent building plan
under this Regulation, concession of 50% of stamp duty as otherwise required under
the Mumbai Stamp Act, shall be granted. This concession will be available only at one
stage i.e. either at the time of land purchase or at the time of sale of units. Also, if the
project proponent assigns the rights to his own subsidiary companies for the running of
the Amenities in such Township project as per the approved plan in such cases
concession of 50 % of stamp duty as otherwise required under the Mumbai Stamp
Act, shall be granted.
4. Exemption in payment of Development Charges:- 50% of the amount of
Development Charges under sub-section (3) of Section 124F of the said Act shall be
exempted for institution use or, change of use of any land or building or, development
of any land or building, proposed for project undertaken by a Project Proponent/s
under this Regulation.
5. Relaxation from Mumbai Tenancy and Agriculture Land Act:- The condition
that, only the agriculturist will be eligible to buy the agriculture land shall not be
applicable to the Project Proponent/s for purchasing agriculture land for Integrated
Township under this Regulation.
6. Exemption from Ceiling for holding agriculture land:- The limit for holding
agriculture land, stipulated in the Maharashtra Agricultural Lands (Ceiling and
Holdings) Act, 1961 shall not D:\Pune Desk\Policy Matters\STP\Notification.doc 26
be applicable to the Project Proponent/s for development of Integrated Township
Project under this Regulation.
7. Exemption from scrutiny fee:- The amount of scrutiny fee shall be exempted to
the extent of 50% of the normal rate for building permission under Integrated
Township Project.
8. Exemption from royalty on minor minerals:- The amount of royalty on minor
minerals as per the Maharashtra Minor Mineral Extraction (Development and
Regulation) Rules shall be exempted to the extent of 50% for the earth which is
extracted while developing the land within Township area and fully exempted if the
said excavated material is used in the same project.
Transition Policy:-
• It shall be permissible for the Project Proponent/s, to whom Special Township
Project has already been granted location clearance and / or LOI or the project
is ongoing wherein part Occupancy Certificate is granted before 26/12/2016.
─ Continue such Special / Integrated Township Project under the erstwhile
regulations under which LC is granted without considering these
regulations.
─ If the project proponents wish to develop township according to this
regulations then he may apply for grant of Letter of Intent or Master
Layout Plan as the case may be wherever required, under this regulation.
─ If in case as described in Clause 14.1(b), the construction of the project is
on-going and the Occupation Certificate, either in fully or partly has been
granted or not been granted, it shall be permissible for the Project
Proponent/s to choose an option to prefer this regulation subject to
payment of premium as prescribed in Clause 7.1 and 7.2. In such cases
premium shall be calculated on balance area which shall be the difference
of FSI permitted as per earlier regulation and that being availed as per this
regulation.
Appeal: -
S.N. Division District No. of Townships Total Area Range of Township Area
• The FSI of 3.00 is to be calculated separately on the one-fourth of plot area for
Affordable Housing Component as well as three-fourth of plot area for Free-Sale
Housing component.
Affordable Housing Scheme –
• The affordable housing stock created under the scheme shall be allotted by the
concerned ULB as per the prevailing policy of MHADA regarding pricing and
disposal
Table No. 14 T
Percentage Allotment to Category of stock Rate of allotment
• Applicability - to heritage sites within the areas of planning authorities and regional plan.
• Preparation of list –
authority to prepare list on advice of heritage committee and publish for suggestion /
objections and issue notice to the owner, give hearing, finalize the list, and send to State
Government for approval. No modification u/s 37 or 20 is necessary.
Structure not complying the characteristics specified shall not be included in the list.
All heritage structures to be documented in the heritage list card to be duly authenticated
by the authorized heritage conservationist upon his site visit, stating the significance of it
for its appropriate grading.
convert part or whole of the building to commercial / office / any other different
• Maintaining Skyline – Skyline, roof profile, built form edges, and respect the
in accordance with the guidelines framed by the Authority on the advice of the
• In the absence of Heritage Conservation Committee, the Authority shall consult the
Government before giving permission.
• Heritage Conservation Fund –
i. With a view to give monetary help to owners for such maintenance/repairs, a
separate fund may be created which would be kept at the disposal of the Authority,
who will utilise these funds on the advice of the Heritage conservation Committee.
The Authority may, in such cases disburse appropriate amount to the owner or may
get maintenance/ repair work done through Planning Authority/ Collector.
ii. 2% of total development charges collected shall be transferred to the Heritage
Conservation Fund.
iii. The fund may also be used to support the cost of listing of heritage sites and cost
towards expert guidance and fees for architects, engineers and other expert.
iv. The Authority shall have right to remove any unauthorized construction in the
property enlisted as heritage property and recover the expenses of such removal/
demolition work from the owner as per provisions of the Act.
v. The Authority shall have right to enter into any such heritage property to repair such
property to avoid any damage or injury, and the amount shall be spent form
Heritage Conservation Fund and shall be recovered from the owner as arrears of
taxes due to the Authority.
vi. If Heritage structure listed in Grade I needs conservation, preservation and
immediate repairs and if the structure is affected due to vandalism by occupier/
owner, then the Authority shall have right to acquire such heritage property and
conserve its heritage value.
Slum Rehabilitation Scheme for Pune, PCMC, PCNTDA and Nagpur.
• As per sanctioned Regulations of respective cities.
Slum Rehabilitation Scheme for other Municipal Corporations.
• Rehabilitation and Free sale Component.
Basic Ratio Incentive as per scheme
(LR/RC*) Upto 0.40 More than More than More than 5 For more
ha 0.40 ha upto 1 ha upto ha upto 10 than 10 ha
1 ha 5 ha ha
Above 2.00 1.20 1.35 1.50 1.65 1.80
Above 1.50 and 1.35 1.50 1.65 1.80 1.95
upto 2.00
Above 1.00 and 1.50 1.65 1.80 1.95 2.10
upto 1.50
Above 0.50 and 1.65 1.80 1.95 2.10 2.25
upto 1.00
Upto 0.50 1.80 1.95 2.10 2.25 2.40
• RC is the rate of construction in respect of RCC Construction and LR is the Land
Rate of open Land. FSI to be sanctioned on a Slum Rehabilitation scheme site
may exceed 3.00
• Rehab tenement size 27.88 sq.mt. carpet area.
• FSI permissible –
– Instead of earlier sanctioned FSI of 3.00, now has been modified as per
MCGM as below.
– Maximum FSI permissible that can be sanctioned on any slum site shall be 4.0
or sum of total of rehabilitation BUA plus incentive BUA whichever is more
with minimum tenement density of 650 per net hectare.
– Due to local planning constraints and viability of Slum Rehabilitation Project,
the tenement density norms of 650 net per hectare may be reduced upto 25%
by Chief Executive Officer, SRA, subject to minimum tenement density of
500 per net hectare.
• Such schemes shall not be permissible on lands reserved in the Development Plan and Zone
in which Residential development is not permissible.
Urban Renewal Scheme (Cluster Policy)
• For facilitating the redevelopment of old, dilapidated and unauthorized
buildings in Thane City, new provision is introduced under Regulation No.
165 of Thane DCR on 5th July 2017 & now applicable to all corporations
vide UDCPR.
Explanation :- (a) In case of different land rates area applicable to different parts of
the URC, weighted average of all the applicable rates shall be taken for calculating
the Average land rate and basic ratio. (b) The land rate and the rate of construction for
calculation of the basic ratio shall be taken for the year in which the URS is approved
by the competent authority and shall remain unchanged during the entire project cycle
of the URS. In addition to above, an additional incentive component, governed by the
size of the plot under redevelopment, shall be admissible in accordance with the Table
below :-
Area of URC Additional Incentive for area
Below 1 ha. Nil
1 ha. and below 2 ha. 5%
2 ha. and below 5 ha. 10%
above 5 ha. 15%
FSI shall be calculated over the gross area of the URC, deducting area falling
in CRZ and Forest areas if any. However, if the area in CRZ-II is upto 25% of
the URC then the FSI shall be allowed to be used in non CRZ area. However
no FSI shall be allowed for the area from CRZ-I. Out of the construction area
allowed as per Global FSI, FSI that cannot be actually utilized in URC, due to
constraints imposed by different provisions of UDCPR, or otherwise, shall be
converted into Urban Renewal TDR (URT) which shall be utilisable on a
receiving plot.
Urban Renewal TDR
• To be released by commissioner in stages – but not to exceed
– construction done in URC for buildings where OCs having granted
– 50% of construction done for building where OCs have not been
granted.
– In case of building potential left as per ceiling of 4 FSI – Construction
for free sale is allowed.
– In case FSI available in URC is < 4 – 50% of the difference in FSI shall
be constructed in the form of EWS / LIG tenements to be used for
transit / PAP / Staff Quarters.
– If not needed for these purposes, they shall be disposed and proceeds
realised to be deposited in Shelter Fund.
Development of DP Reservations in URC
Reservation Manner of Development
Parking Built-up area equivalent to zonal permissible FSI – to be handed over
free of cost and free of FSI
Other Buildable Built-up area = 60% of zonal permissible FSI or existing built-up
Reservation area of the amenity whichever is more - free of cost and free of FSI
PH / HDH & HD Built-up area = 30% of zonal permissible FSI - to be handed over
free of cost and free of FSI
DP Road /Regular Entire FSI admissible under this regulation may be given in the same
Line of Street. scheme.
Non Buildable a) Up to 500 sq.m. - To be cleared by shifting tenants.
Reservation b) More than 500 sq.m. – minimum 50% of the area or 500 sq.m.
whichever is more shall be developed and handed over the
remaining land allowed for development.
c) Except PG - More than 2000 sq.m. – minimum 50% of the area
or 2000 sq.m. whichever is more shall be developed fro the said
purpose.
• Composite development of compatible reservations are permitted.
• Built-up area in excess of zonal permissible FSI can be taken, if required and such
excess area to be treated as rehabilitation FSI for which incentive FSI is permissible.
Contents of plan for URCs
• Plan for overall development/Redevelopment of specific areas for urban
renewal.
• Strategies and plan for dealing satisfactorily with areas of bad layout,
obsolete development and slum areas and relocation and rehabilitation of
population.
• Open spaces, gardens, playgrounds and recreation areas.
• Area or areas required for making the implementation of such plan for
Urban Renewal viable.
Process of Preparation And Approval of URS.
No
Receipt of development proposals from land Land acquisition
owners within 3 months by TMC and
Yes tendering for
Appointment of Implementing Agency appointment of
development
High Power Committee
• Municipal Commissioner – Chairman
• Collector – Member
• DCP (Traffic), – Member
• Joint Director of Town Planning,– Member
• CO, MHADA– Member
• JD/DD/AD of Town Planning of Corporation - Member Secretary
• Quarrying Operations –
• The quarrying and mining operations shall be permitted outside CRZ and notified
Eco-sensitive zone and heritage precinct but only at specific locations decided by
the competent authority. The development permission shall be granted subject to
production of order to carry out these activities from the revenue authority
concerned under the Minor Minerals Act and NOC of the MPCB.
• No quarrying shall commence until the excavation plan is also approved by the
Director of Geology and Mining, Government of Maharashtra.
• No Quarrying and crushing shall be permitted if a highway or public road having
width of 30m. or more, railway line or any human settlement is located within
200m. from the quarrying site. However, for quarrying with blasting operations, the
distance shall be at least 500 m.
Note : However premium charged will be limited upto the demand made by the
developer for additional FSI.
Permissible Height – For Integrated Logistic Park & Logistics Park, height of
building upto 24.mt. or as per requirement shall be permitted.
Industrial Township under Aerospace and Defense Manufacturing Policy
• The FSI permissible for this Industrial Township shall be as per FSI
permissible in Industrial Zone. The lands which are included in Agricultural
Zone in the Development or Regional Plan shall be treated as included in
Industrial Zone after the permission is granted for this Industrial Township.
• Provided that upto 20% of total built up area of such Industrial Township may
be used for residential / commercial purpose / support activities.
• Provided further that the Research and Development Institutions in such
Industrial Township shall be eligible for additional 0.50 FSI over permissible
FSI as per these Regulations