Home > Knowledge Centre > Latest Amendments to DCR from 6th January, 2012

1. DCR: Reg. 35 (2): The following shall not be counted in FSI

The Municipal Corporation of Greater Mumbai (MCGM), after consultations with the Maharashtra Chamber of Housing Industry (MCHI), has modified the Development Control Regulations (DCR) for Greater Mumbai, enabling the provision of Compensatory FSI (Floor Space Index) by charging a premium for the same.

The Municipal Commissioner noted that in a number of cases, on account of lack of clarity and specific guidelines, there are serious misuses of certain regulations in respect of elevation / ornamental features such as Niches, Ducts, Voids, etc, and other features such as lily Ponds, Deck Parking, Refuge Areas, etc., which were granted free of FSI without premium.

In some cases deck parking alone was equivalent to the flat area, which was eminently being misused. Likewise in some cases 300 to 400 sq. ft. per flat had been sanctioned in the name of lily pond with deck area. In some cases, projections more than 1.2 mtrs were been sought and sanctioned with creative nomenclature such as eco-friendly deck, part/pocket terraces, sit out areas, etc.

Areas of structures permitted in recreational open space under clause (g) of
sub-regulation (1) of Regulations 23.

Areas covered by features permitted in open spaces as listed in Regulation
30 except for regulation 30 (i) (b), 30 (ii) (e) (ii) and 30 (ii) (f) (ii).

Areas covered by staircase rooms, life rooms above topmost storey, staircase/ lift wells and passages in stilt, basement and floors exclusively used for parking and other ancillary users as permitted in this regulation No. 35 (2).

Areas covered by staircases/ lift wells including lobbies as specified, excluding those covered under D.C. Regulation No. 35 (2) (iii) with special written permission of the Commissioner subject to payment of premium.
Provided that in the wards of the Island City such exclusion from FSI
computation will be available in respect of buildings to be constructed or
reconstructed only, the same being not available for existing buildings or
proposals decided by the Corporation prior to coming into force of these
Regulations.

[COMMENT: On the background of a recent decision of Bombay High Court declaring that the Bombay Municipal Corporation cannot levy premium for FSI exemption on lifts and staircases, the Brihanmumbai Municipal Corporation (BMC) has decided not to exempt the common areas of the elevators, staircases in exchange for a premium.

Earlier, the Developers used to pay premiums for leaving these areas out of FSI calculations. Now they will have to calculate these areas in the FSI calculations.

The BMC is also making it compulsory to have an emergency exit staircase for all the new buildings that are coming up. Earlier, the emergency staircases were compulsory for the structures of min.17 storey’s and above. The BMC has expressed that this is a must provision as far as the risk of life is concerned in the case of any emergency especially for the high rise structures. It has been observed that many Developers up till now have ended up their projects by not providing the emergency exit but got exemptions by paying the premium for the same, thereby saving their cost.

The Developers are of the opinion that this decision may lead to the reduction of property stock and so shall increase the prices of the properties. As the lifts and staircases occupy almost 10% of the total area of any project, with the new addition of emergency staircase, the no. of apartments per building would reduce, most of the projects which have almost come up to the approval stage, could become unviable.

Almost more than 300 such projects are stuck now due to this decision of BMC that would not clear the project until the Developers are not including the staircases in the FSI calculation.

The MCHI, the apex body of the Developers is of the opinion that such delays can harm the development of the city which is necessity of the times. The Regional Town Planning Act was to be amended by the State Government with an additional FSI of 0.33% to the Developers. The Developers are hoping that this amendment does not take away the exemption of staircases and elevators from calculating FSI].

Provided further that where the permissible FSI has not been exhausted in
the case of existing buildings and cases decided by the Corporation prior to
coming into force of these Regulations, the exclusion from FSI computation
as in these Regulations will be available for construction of balance potential,

Provided further that the reconstruction scheme under Development Control Regulations No. 33 (6) such exclusion will be permissible as per guidelines here under:-

i. While working out total existing built up area, the built-up area of existing
staircase will not be taken into account.

ii. The premium for the area of the staircase and lift-well will be recovered
after working out the area of the staircase and lift-well in the proposed building
minus area of the existing staircase, lift-well etc., if any

Area of the basement used exclusively for parking and other ancillary
uses as permitted in Regulation No. 38 (9) (iv) (b, c, d & 4).

Area of covered parking spaces as provided in sub-Regulation (5) (a) of
Regulation No. 36.

Provided, however, the additional parking to the extent of 25% of the required
parking may be permitted with permission of the Commissioner without
payment of premium and without being counted in the FSI.

Provided further in non-residential building, where entire parking is proposed by mechanical / automatic means, additional parking to the extent of 10% of
the required parking shall be permitted free of FSI as vehicle holding area.

Area of one office room of a Co-Operative Housing Society or Apartment Owners Association as provided in Sub-Regulation (11) of Regulation 38.

Lofts [vide sub-Regulation (5) of Regulation 38]

Porches [vide sub-Regulation (20) of Regulation 38]

Canopy [vide sub-Regulation (21) of Regulation 38]

Area of structures for an effluent treatment plant as required to be provided, as per the requirements of the Maharashtra Pollution Control Board or other
relevant authorities:

Provided, however, in the case of an existing industry, if no vacant land is
available, the Commissioner may permit the structures with dimensions to be
approved by him for such affluent treatment plant on 10 per cent amenity open
space.

A chajja, cornice, weather shade, sun-breaker’ at lintel level only’ projecting not more than 1.2 mtrs from the face of the building as Further Chajja, Cornice, Weather Shade, sun breaker or other ornamental projections etc. shall be permissible up to 0.3 mt. in Gaothan area for the plots admeasuring Up to 250 sq. mtrs.

A chajja, cornice, weather shade, sun-breaker over a balcony or gallery, as
provided in sub regulation no. 30 (ii) (f) (i).

Area covered by Pump Rooms, Electric Substations.

Area covered by new lift and passage thereto in an existing building with a
height up to 16 mtrs in the Island City [vide clause (iv) of sub-Regulation (19) of Regulations 38].

Area of a covered passage of clear width not more than 1.52 mtrs (5ft.) leading
from a lift exit at terrace level to the existing staircase so as to enable descend to lower floor in a building to reach tenements not having direct access to a
new lift in a building without an existing lift.

Area of the Fitness Centre for a Co-Op. Housing Society or Apartment Owners
Association as provided in sub-regulation 38 (32).

The Fire Chutes as provided under D.C. Regulation no. 44 (8).

The Refuge Areas subject to D.C. Reg. 44 (7).

Fire Check floor / Service Floor of height not exceeding 1.8 mtrs.

Entrance lobbies in stilted portion, height not exceeding 7.2 mtrs.

Open to sky Swimming Pool at the terrace above the top most storeys or on the
top podium only.

Area of the Service Ducts abutting Sanitary Block not exceeding 1.2 mtrs in
width. In case of high rise buildings higher width/size as per requirement and
design approved by Commissioner but not exceeding 2.0 mtrs.

Ornamental projection of glass facade/glazing not exceeding 0.30 mtr from
building line for non-residential building.

Area covered by Chimney, Elevated Tanks (provided its height below the Tank
from the floor does not exceed 1.5 mtrs).

Area of sanitary block for use of domestic staircase mid-landing level and at
stilt, parking floor level.

Note:

i. Areas covered by the projections exceeding those specified in Clauses xii,
xiii, xxiii and xiv above shall be counted in FSI.

ii. Open to sky Swimming Pool at any level other than (xxii) above, excluding at
ground level as provided in D.C. regulation 30 (ii) shall be counted in FSI.

iii. Any passage by whatever name not covered under D.C.R. 35 (2) shall be
counted in FSI.

2. DCR: Reg. 35 (3): The following shall be counted in FSI

Covered Parking Spaces as provided under Regulation no. 36 (5) (e).

Area of Fire Escape Balcony as provided in Regulation 44 (5).

Area of Sanitary Block for the use of domestic servants engaged in the premises, other than at staircase mid-landing level, stilt level, parking level.

In an attempt to curb creation of lofts and illegal mezzanine floors, the floor height in residential flats and shops has been reduced from 4.2 mtrs to 3.9 mtrs.

Part / Pocket / Covered terraces, for whatever purpose, except open terrace above the top most storey and the part terrace at top most storey due to planning constraints but accessible from common staircase.

Area below open to sky Swimming Pool, clearance exceeding 1.5 mtrs From
Floor Level.

Air Condition Plant Room / Air handling Unit Room, Meter Room, and D.G. set room except provided in basement.

Fire checks floor / service floor of height exceeding 1.8 mtrs.

Area of Balconies a provided in sub regulation 22 of Regulation 38.

Niches below Window Sill.

Area of one Public Telephone Booth and one Telephone Exchange (PBX)
Room per building.

The ornamental projection, including the voids, flower beds, etc. projecting
from the face of the building except at the terrace level.

Projection, Flower Bed etc. over a Balcony or Gallery.

Area of one room for installation of Telephone Concentrators as per
requirements of Mahanagar Telephone Nigam Limited.

Area of a Separate Letter Box Room on the ground floor of Residential and
Commercial buildings.

Covered areas required on top terrace for Antenna / Dish Antenna /
Communication Tower used for Telecom (basic Cellular or Satellite Telephone) or ITE purposes, V-Sat, Routes, Transponders or Similar IT related structure or equipment, in excess of 20.00 sq. mtrs.

The Parking Floor in excess of required parking under these regulations
[35(2) (vi)].

Deck Parking inclusive of Car lifts and passages thereto on habitable floors.

Driver’s Room / Sanitary Block on Podium and or Parking Floor.

Covered Swimming Pool.

3. DCR: Reg. 35 (4): Compensatory Floor Space Index (FSI) – New Regulation added

Notwithstanding anything contained in the D.C. Regulations 32, 33 & 34, the Commissioner may, by special permission, permit Fungible Compensatory FSI not exceeding 35% for Residential Development and 20% for Industrial/Commercial Development over and above admissible FSI by charging a premium at the rate of 60%, 80% and 100% of the stamp Duty Ready Reckoner Rate, for Residential, Industrial and Commercial Development respectively.

Provided in case of redevelopment under Regulation 33 (7), 33 (9) & 33 (10) excluding clause no. 3.11 of Appendix-IV of Development Control Regulation 1991, the Fungible Compensatory F.S.I admissible on Rehabilitation Component shall be granted without charging premium.

Provided further that redevelopment under D.C. Regulations no. 33 (5) and Redevelopment Proposal of existing buildings in Suburbs and Extended Suburbs by availing TDR, the Fungible Compensatory F.S.I. advisable on F.S.I. consumed in existing structure shall be granted without charging premium,

Provided further that such Fungible Compensatory FSI for Rehabilitation Component shall not be used for Free Sale Component of the Developer and shall be used to give additional area over and above eligible area to the existing tenants / occupants,

Provided, that this regulation shall be applicable in respect of the buildings to be constructed or reconstructed only.

Explanatory Note:-

i) Where IOD / IOA has been granted but building is not completed, this regulation
shall apply only at the option of Owner / Developer,

ii) For plots / layouts, where IOD is granted for partial development, this Regulation
will apply for the balance potential of the plot,

iii) The Fungible FSI is usable as regular FSI,

Provided, further, the development in Coastal Regulation Zone (CRZ) areas
shall be governed by the Ministry of Environment & Forests Notification issued
from time to time.

Note: The Premium Amount collected shall be kept in a separate Account to be
utilized for infrastructure development.

Comparison among Regulations for Redevelopment in City, Mhada, Slums & Suburbs (in brief)

 

 

CITY

MHADA

SLUMS

SUBURBS

F.S.I. In non CRZ area

3 to 4

2.50

3 to 4

1 plus additional 1 by purchasing for TDR purchasing of TDR

F.S.I. In CRZ area

2.50

2.50

2.50

No TDR loading allowed

Open Space requirement for buildings with height up to 24 mtr.

Fixed at 3.00 mtr.

Fixed at 3.60 mtr.

Fixed at 1.50 mtr.

Variable from 4.50 to 8.00 mtr.

Open Space requirement for buildings with height more than 24 mtr.

6.00 mtr.

6.00 mtr.

6.00 mtr.

9.00 mtr.

Parking floors that can be constructed

1 to 10

1 to 10

1 to 10

1 or at the most 2

Premium to be paid for Open Space Deficiency

NIL

NIL

NIL

Substantial, based on Ready Reckoner Rate

Premium based on Ready Reckoner Rate to be paid for Flowerbeds and Dry yards, Balconies, etc.

Waived for rehab Portion.

Waived for Rehab Portion.

Waived for rehab portion.

Not Waived even for rehab portion.

In short, the amendments have the following new features:

The D.C. Regulation No. 35 (2) has been divided into D.C. Regulation 35 (2) and 35 (3) with additional provision by way of D.C. Regulation 35(4) for Compensatory FSI by charging premium.

QUICK REVIEW:

To compensate for the loss of free FSI areas, the State government will allow compensatory Fungible (Mutually Interchangeable) FSI to the extent of 35 per cent for Residential Development and 20 per cent for Industrial and Commercial Development.

Fungible FSI will be available at 60 per cent, 80 per cent and 100 per cent of the Ready Reckoner Rates for Residential, Industrial and Commercial Premises Respectively.

Fungible FSI would be usable like any other FSI, which can be used for making flower beds and voids or can be used for constructing bigger habitable areas.

Till now, the balcony used to be a free component in a flat and could only be given on cantilever projection under the DC Regulations. However, there have been cases where balcony has been made without cantilever projection in the past by violating the FSI Rules. Keeping in view that the balcony was being given free of premium, the State government has decided to reduce the rates of premium on fungible FSI to only 60 per cent of the Ready Reckoner Rate.

Premium will not be charged on the fungible FSI, when it is used for redeveloping of old cess dilapidated building (over 70 years old). In suburban Mumbai, there are not many old buildings therefore the fungible FSI, on the FSI already consumed in the existing buildings will be available free of premium.

Car parking would not be counted in the FSI and the builder will have an option to offer 25 per cent more parking to the building residents. For the additional area, premium would not be charged.

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