IMPORTANT PROVISIONS IN UDCPR 2020

December 2020 brought the construction field a special package the shiny New UDCPR i.e. Unified Development Control & Promotion Regulations. These regulations are a combined set of rules for the entire state of Maharashtra except for a few authorities instead of different rules for every district and municipal corporations, while they also bring in a variety of new provisions and claim to ease the entire approval system. Lets hope that happens and briefly have a look at some of the provisions made and understand them better.

(Disclaimer: The following is an interpretation of our understanding of the rules, please consider going through the rules available on the official website before its application. LINK: https://dtp.maharashtra.gov.in/sites/default/files/Notification/UDP_DTP/7.UDCPR%20sanctioned….111.pdf)

Lets first have a look at the basic documents you will need to get a project approved:

•7/12 Extract or Property Card within 6 month

•Demarcation Certificate within 4 years.

•Tax NOC.

•Zone Certificate.

•Title search report.

•NA Order if available.

•Society NOC and allotment letter if Plot is in a Society.

•Previous sanctioned plan and commencement certificate if there is existing building.

•Copy of Layout Plan if plot is part of a layout.

•Possession Certificate highlighting boundaries.

•Affidavit From Architect/Engineer/Supervisor/Structural Designer.

•If land is leased by Government or local authorities, Attached NOC of Government or local authority.

•Plan in A1 or appropriate sized sheet to the scale in compliance with the 2020 UDCPR.

•Certificate of the registered Architect & Structural Engineer.

Other than these you would need NOC’s from various departments depending on your project scale.

At a glance look at some of the regulations and provisions as per the UDCPR 2021:

•Old regulations as per district are completely disbarred except for a few planning authorities such as 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, Eco-sensitive / Eco-fragile region notified by MoEF & CC & Lonavala Municipal Council, in Maharashtra.

•Continued development (On-going projects) can:

–Continue work with old rules.

–Apply for permission as per new rules for part areas.

–Apply for complete modification as per new rules if they havent recieved RERA certification.

•Scrutiny Fee has been decided per sq.m depending on the districts.

•Development Charges need to be paid in full before issue of development permission.

•In case of revision in the plans, development charges paid previously will be deducted and only the difference is to be paid.

•Premium charges can be paid in instalments.

•For plinth checking the authority will only be intimated by the architect and separate visit by authority engineer will not be required.

•FSI up to 2.5 ( including Basic FSI, TDR, Paid premium) (For Non-Congested Areas).

•There is no rule on consumption of Premium or TDR one before the other.

•Ancillary area FSI up to the extent of 60%(for residential) & 80%(for commercial) of the proposed FSI in the development permission shall be allowed with the payment of premium.

RISK BASED CLASSIFICATION FOR SMALLER PLOT SIZES:

Approval can be done directly via Architect without the cumbersome procedure with a few differences as per area. However the Plot to be sanctioned needs to be in a sanctioned layout or needs to be regularised under the Gunthewari act, if it is from congested area it  should have undivided original number and original property card.

REDEVELOPMENT PROVISIONS AS PER UDCPR

Redevelopment of multi-dwelling buildings of owner / society .

–FSI allowed for the redevelopment will have 10% incentive in addition to the FSI of existing authorized building.

–This will be considered over the maximum building potential as per the new UDCPR.

–In case of EWS/LIG , 10% incentive or 10sq.m per tenement whichever is more will be considered.

–The incentive will however not be applicable for Bungalow Projects.

Redevelopment of tenanted buildings.

–The FSI allowed for redevelopment of building having protected tenants under the relevant provisions of law, shall be FSI permissible as per the new UDCPR or the area consumed by the building including TDR, Premium FSI whichever is more.

–In addition to this, 50% incentive FSI of the rehab area required for rehabilitation of tenants, shall be allowed. Provided that rehab area shall be the authorized utilised area or 27.87 sq.m. carpet area per tenement whichever is more. In case of non-residential occupier the area to be given in the reconstructed building shall be equivalent to the area occupied in the old building.

–In case that the authorized built-up area and the incentive is less than maximum potential then society may avail premium FSI / TDR upto maximum building potential.

These were some of the rules as per the UDCPR 2020 other than this we would also like to inform you about the latest website launched by the Gov. of Maharashtra where in you will be able to view your projects at a glance and also know the status of your file and will be able to make all the payments and receiving of the documents online without the hassle of visiting Municipal Offices every time you want to check the status of your file however as of 22/02/2021 the site is still under construction. Also they have uploaded a few FAQ ppt’s which you can have a look at.

Latest Building Plan Approval Website: http://mahavastu.maharashtra.gov.in/

Hope we could help you in a tiny way in understanding the UDCPR 2020. Let us know if you want us to cover any other topics in detail, we would definitely love to help you out. Let us know in the comments section below for your views and opinions on the UDCPR 2020.