UDCPR 2020 rules for Procedure for Obtaining Development Permission / Building Permission / Commencement Certificate

UDCPR 2020 rules for Procedure For Obtaining Development Permission / Building Permission / Commencement Certificate

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 2.2.1 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 2.2.19. 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.

UDCPR Rule 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.

UDCPR Rule 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) Latest 7/12 extracts or property register card of a date notearlierthan 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.

(1) Provided that, where City Survey of the whole gaothan area is not done by the City Survey Department, in that case the measurement plan authenticated by the Architect having signatures of adjacent plot / land holders may be acceptable.

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.

UDCPR Rule 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 m. from the site whichever is more.

UDCPR Rule 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.

UDCPR Rule 2.2.5 (b) Amalgamation Plan

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.

UDCPR Rule 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 12.0 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 12.0 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 applicantintends 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.

UDCPR Rule 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 + 2 structure;

xv) Give such other particulars as may be required to explain the proposal clearly as prescribed by the Authority.

UDCPR Rule # 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 6.0 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;

e) Smoke stop lobby / door, where provided;

f) Refuge chutes, refuse chamber, service duct, etc.;

g) Vehicular parking spaces;

h) Refuge 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.

UDCPR Rule 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.

UDCPR Rule 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.

UDCPR Rule 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.

UDCPR Rule 2.2.12 (#) 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.

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.

UDCPR Rule 2.2.13 (#) Development Charges

Development charges as required under Section 124 A (1) to 124 L 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.

x) (1) Where development permission is grantedand development charges are already collected by any Authority in their jurisdiction and thereafter such area is included in the jurisdiction of other Authority in such cases, the provisions mentioned in Sr.No.(i) to (ix) above shall be applicable mutatis and mutandis, as the case may be.

UDCPR Rule 2.2.14 (#) 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 70.0 m. height.

b) Building having height of 70.0 m. and above

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. (1) In addition to this extension of further 2 years (i.e. upto 2.12.2024) shall be applicable, considering the lock-down measures and guidelines issued by the Government w.r.t. Pandemic situation.

ii) (#) Fire Infrastructure Charges –

These charges shall be decided by the Government from time to time

UDCPR Rule 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.

UDCPR Rule 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).

UDCPR Rule 2.2.17 Size of Drawing sheets

The size of drawing sheets shall be any of those specified in Table 2-A.

Note : If necessary, submission of plans on sheets bigger than A0 size is also permissible.

All dimensions shall be indicated only in metric units.

UDCPR Rule 2.2.18 Colouring Notations for Plans

The plan shall be coloured as specified in Table No.2-B given below and prints of plan shall be on one side of the paper only.

Note : For land development / Sub-Division / layout / building plan, suitable colouring notations shall be used which shall be indexed.

UDCPR Rule 2.2.19 Qualification and Competence of the Architect / Licensed Engineer / Structural Engineer / Town Planner / Supervisor

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.

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