UDCPR 2020 rules for Commencement of Work and Development of Land Subdivision / Group Housing Schemes

Chapter 2 of the UDCPR 2020 focuses exclusively on Development Permission, highlighting the mandatory requirement of obtaining permission from the planning authority before commencing any construction activities. The chapter details the step-by-step procedure for acquiring Development Permission, Building Permission, or Commencement Certificate. It discusses the discretionary powers of the planning authority, including interpretations, relaxations in specific cases, and addressing drafting errors.

The chapter also covers the criteria and process for granting or refusing permission based on zoning regulations, safety standards, and environmental considerations. Additionally, it outlines procedures for commencing work, conducting inspections during construction, and obtaining Completion, Occupancy, and Part Occupancy Certificates. The chapter addresses safety measures, inspections for unsafe buildings, and penalties for non-compliance with permissions, including circumstances under which permissions may be revoked.

UDCPR 2020 Regulations 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, (1) Chikhaldara notified area (consisting Chikhaldara Hill Station M.C. & four villages) Ecosensitive / 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 intoto.

UDCPR Rule 2.7 COMMENCEMENT OF WORK

UDCPR Rule 2.7.1 Commencement

The commencement certificate / development permission, asapproved, 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 (1) fees at the rate of 1/3 of amount as per Regulation No.2.2.12 per year, 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.

UDCPR Rule 2.7.2 Development of Land Sub-division / 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.

click here for UDCPR Rule 2020