UDCPR Building Rules for Maharashtra State

Know more about UDCPR Rule 2020 for Maharashtra state

Well! UDCPR Rules means Unified Development Control and Promotion Regulations for Maharashtra State. Will see the Applicability and important take aways of UDCPR Building Rules 2020

Extent and Jurisdiction of UDCPR Building Rules 2020

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 means Pune Metropolitan Region Development Authority (PMRDA)) / Development Authorities within the limit of Municipal Corporation of Greater Mumbai,  MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, (1) Chikhaldara notified area (consisting Chikhaldara Hill Station M.C. &  four villages) Eco-sensitive / Eco-fragile region notified by MoEF & CC, and Lonavala Municipal Council in Maharashtra

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.

Commencement of Regulations for UDCPR Building Rules 2020

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.

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.

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.

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.

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.

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.

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.

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.

SAVINGS on UDCPR Building Rules 2020

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.

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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 (1 )in time i.e. before expiry of validity period of one year, then the said development permission shall be deemed to have been lapsed. (1) However, there is no bar to further renew the valid permission from year to year; but such extended period shall in no case exceed three years.

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.

(1)In case the commencement certificate is issued and the construction is in progress / part occupancy issued, and if plans for additional built up area (2) as per erstwhile regulations are submitted to the Authority (2) either before or after (1) coming into force of these regulations by consuming / utilising FSI / TDR as per the erstwhile regulations; but could not be sanctioned due to the pandemic situation arisen out of COVID-19, the same may be allowed to be permitted as per the erstwhile regulations in toto including the payment of premium / charges, if the applicant so desires. However, such cases shall be disposed by the authority before (3) 31st January, 2022; (1)else such applicants will have to submit the fresh proposal as per these regulations.

(1) Provided further that, if any development proposal (2) as per erstwhile regulations is (1) submitted before the date of coming into force of these regulations (2) either upto maximum building potential or part of maximum building potential (1) for which any action is not taken under the erstwhile regulations, due to the pandemic situation arisen out of COVID-19, it shall be permissible for the owner to continue the project as per the erstwhile regulations in toto (2) upto maximum building potential as per erstwhile regulations, if applicant so desire (1)and for that limited purpose the erstwhile regulations shall remain in force. However, such cases shall be disposed by the authority before (3)31st January, 2022 (1) else such applicants will have to submit the fresh proposal as per these regulations 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 (1) against the FSI sanctioned, exemptions granted in side margins, allowing Residential/Commercial use on the Industrial Zone as per erstwhile regulations shall be deemed to have been paid against such earlier sanctioned FSI/ exemptions/allowance of use. (3) In such cases (1)the charges / premium under these 1) regulations shall be leviable (2) against the revised permission and the charges / premium paid earlier shall be adjusted against the revised charges / premium under these regulations. Provided that no refund is permissible in any case.

C)In case the development is started with due permission before these regulations have come into force, and if the owner/developer, at his option, thereafter seeks further development of plot/layout/buildings as per these regulations, then the provision of these regulations shall apply to the 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 (1) and ancillary FSI shall be permissible only on such balance potential. Such balance potential can be distributed on one or more existing, earlier/newly proposed building/s in a group housing scheme.

(1) In case of approved layouts in group housing scheme with buildings having height between 15 m. to 24 m., and complying with provisions mentioned in Regulation No. 1.3(93) (xiv), NOC from Chief Fire Officer shall not be necessary, if the applicant is applying for revised permission under these regulations.

D) The existing marginal distances including front margin may be allowed for higher floor / floors subject to step margin as per these regulations. (1) In case of a building sanctioned under the erstwhile regulations as non-special one with a height of 16 m with 3 m. setbacks and the construction work is in progress, then while revising the plan under these regulations, for height up to 16 m, the setbacks as per the erstwhile regulations shall be allowed to be continued and for the height above 16m (instead of 15 m), setback as per H/5 requirement shall be insisted in the form of step-margin.

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.

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

 H)If the project proponent applies for occupation with minor amendments in plans approved prior to this UDCPR, then amendment (1) permitted as per the erstwhile regulations in terms of internal / locational changes, amendment to the extent of 5% in the built-up area / dimensions per floor within the permissible FSI as per then regulations may be considered.

Note – The State Government may issue guidelines from time to time, if necessary, for smooth implementation and removal of difficulties in transitional proposals.

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.

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.

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.

1. ii) Other Regulations – Any other Restrictions imposed under the relevant regulations/ Rules / Acts shall also be applicable, wherever applicable