Open Space

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.

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 respectivesides.

Recreational OpenSpace

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 than10%.

1. The above-mentioned area of 0.4ha., shall be measured with reference to original holding as on 11^thJanuary; 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 theAuthority.

For the lands which are sub-divided after 11^th 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: –

1. providing 10% open space subject to a minimum of 200sq.m.,or
2. 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.
3. 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 guidelinestherein.

• 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 developmentpermission.
• 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 RegulationNo.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.

• 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 respectiveholding.
• Such recreational open space shall also be necessary for group housing scheme or campus/ cluster planning for any use/zone.
• Such open space shall not be necessary:-
  1. in cases of layout or subdivision of plots from a layout already sanctioned by the Authority irrespective of percentage of open space lefttherein.
  2. for development of the reservations in the Development Plans designated for the purpose other thanresidential.
  3. for the uses other than Residential, Industrial and Educational permissible in Agricultural zone.
• 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 ofFSI.

Provided that, in case of area more than 1ha. such area to be earmarked for playground shall be as under :-

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 beinsisted.

viii) Such recreational open space shall not be entirely proposed in marginal distances / set backor 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.

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.

3. 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 RegulationNo.3.4.7.

• 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.

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 1^st 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.

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.

Recreational Open Space in GreenBelt

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. fromnallah, provided, such recreational space is sizable as required under these regulations. Provided that, theonly use and structures permissible under the Regulation No.4.11 in respect of Green belt, may be permitted in such open space.

A.    MinimumDimensions

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 averagewidth.

B.    Structures permitted in OpenSpace

If required, structure and uses which can be permitted without counting in FSI in the recreational open spaces shall be as under:-

1. 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 beallowed.
2. 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.
3. No detached toilet block shall bepermitted.

• 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 theland.
• 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 ofsocieties.

1. 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 aplayground.
2. 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 saidconstruction.

Recreational Open Space and Means ofAccess

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.