Full forms:

Fsi- floor space index

Tdr- transfer of development rights
Mrtp- maharashtra regional and town planning
Dcpr- development control and promotion regulations
Dcr- development control regulation
Urc- uniform rules for collections
Lr- land rate
Rc- rate of constuction
Mhada- maharashtra housing and area development act
Mmr- mumbai metropolitan region
Mmrda- mumbai metropolitan region development authority
Drc- development rights certificate
Mcgm- municipal corporation of greater mumbai same as bmc
Spa- special planning authority
Rrr- ready recknor rate

3.4 special development zone (sdz):-

Special development zone (sdz) is a zone which is to be developed predominantly for society
at large with emphasis on affordable housing, pos and necessary social infrastructures. The
development of sdz shall be under the provision of regulation 33(8). Provided that the
structures attracting the provisions of maharashtra slums areas (improvement, clearance
and redevelopment) act, 1971shall be developed under the provision of regulation 33(10)
(I) Institutional development / convention centre
(II) Development of cinema and tv film production
(III) Information technology & information technology enabled services (it/ites) &
biotech units
(IV) Tourism development area (tda)

36. Occupancy load space requirements of various parts of buildings, etc.

-this part sets out the standard space requirements of various parts of a building and those
of light and ventilation, the building services, fire safety, etc. Some of these items depend on
the number of persons who would normally occupy the building, for which the occupant
load should be worked out from table no 13 hereunder:

The occupant load in dormitory portions of homes for the aged, orphanages or mental
hospitals, etc. Where sleeping accommodation is provided shall be calculated at not less
than 13.3 persons per 100 sq.m. ** the plinth or covered area shall include, in addition to
the main assembly room or space, any occupied connecting room or space in the same
storey or in the storeys above or below, where entrance is common to such rooms and
spaces and they are available for use by the occupants of the assembly place. No deductions
shall be made in the plinth/covered area for corridors, closets and other sub-divisions; that
area shall include all space serving the particular assembly occupancy.

37. Requirements of parts of buildings

(1) plinth: the plinth or any part of a building or outhouse shall be so located with respect to
the surrounding ground level that adequate drainage of the site is assured.
(i) main building: the height of the plinth shall not be less than 30 cm with respect to the
surrounding ground level or plinth shall not be less than 15 cm with respect to the
surrounding ground level in case of stilt/covered parking spaces. In areas subject to
flooding, the height of the plinth shall be at least 60 cm above the high flood level or shall be
at least 45 cm above the high flood level in case of stilt/covered parking spaces. Architect on
record shall certify that the plinth has been proposed after taking due cognizance of high
flood level (hfl) with reference to available contour map.
(ii) interior court-yards, covered parking spaces and garages: these shall be raised at least
15cmabove the surrounding ground level and shall be satisfactorily drained.
(2) habitable rooms/rooms:
(i) size and width: the minimum size and width shall be as given in the table no 14
hereunder.
(ii) height-(i) the minimum and maximum height of a habitable room shall be as given in
table no 15 hereunder: - 303 dcpr 2034original notifications shall be referred for perspicuity
(ii) notwithstanding the above restriction as stated in tableno. 15, any telematics equipment
storage or erection facility can have a height as required for effective functioning of that
system.
Where a kitchen is provided, the minimum area shall be 5 sq. m provided the width shall be at least
1.5 m.

(iii) notwithstanding the above restrictions as stated in tableno.15, for cinema/tv films
production, shooting, editing, recording studios, more height as required for their effective
functioning shall be permitted.

* subject to the special permission of the commissioner greater height may be permitted.
Provided that-
(i) the minimum clear head-way under any beam/tie beam of pitched roof shall be 2.4 m.
(ii)in all occupancies except those included in sr. No. 1(d) & (e) in the table above, any height
in excess of 4.2 m shall be deemed to have consumed an additional f.s.i. of 50% of the
relevant floor area.
(iii) other requirements- one full side of a habitable room must abut an exterior open space
same as provided in sub-regulation(2) of regulation 41.
(iv) other requirements of kitchen- every room to be used as a kitchen shall have-
(a) unless separately provided in a pantry, means for the washing of kitchen utensils which
shall lead directly or through a sink to a grated and trapped connection to the waste pipe;
(b) on an upper floor, an impermeable floor;
(c) at least a window not less than 1 sq.m in area, opening directly on to an interior or
exterior open space.

42. Features permitted in open spaces

Certain features may be permitted in the prescribed open spaces except in case of high rise
buildings where minimum clear marginal open space shall be observed as per regulation
47(1) as enumerated below:
(i) permitted in the side or rear marginal open spaces:
(a) where the facilities in an existing building are inadequate, a sanitary block
(i) not exceeding 3 m in height and 4 sq. M in carpet area. (
Ii) at least 7.5 m from the road line or the front boundary and 1.5 m from other boundaries
and
(iii) at least 1.5 m away from the main building.
(b) covered parking spaces at least 7.5 m away from any access road, subject to regulation
no. 44 (6)(d)
(c) suction tank, pump room, electric meter room or sub-station, garbage shaft/refuse
chute, facility for treatment of wet waste in situ, space required for fire hydrants, electrical
and water fittings, water tank, dustbin, etc.
(ii)other features permitted in open space:
(a) a rockery, well and well structures, plant nursery, water pool, or fountain swimming pool
(if uncovered and only beyond the required open space as required under these
regulations), platform around a tree, tank, bench, gate, slide, swing, ramp, compound wall
without affecting maneuverability of vehicles;
(b) a cantilevered and unenclosed canopy over each entrance and staircase not more than
5.5 m long may be permitted as specified in regulation no 37(19)
(c) an unenclosed porch open on three sides, not more than 5.5 m in length parallel to the
main building in front of common entrance only and except rear open space with level
difference of 0.3 m in relation to the floor level as specified in regulation no. 37 (18). No part
of such porch shall be less than 1.5 m from the plot boundary.
(d) a balcony may be permitted as specified in regulation no.37(20).
(e)
(i) a chajja, cornice, weather shade, sun-breaker; at lintel level, only and vertical fins
(excluding columns) projecting not more than 1.2 m from the face of the building. No chajja,
cornice, weather shade, sun-breaker etc. Shall reduce the width of the required open space
to less than 2.5 m. Further chajja, cornice, weather shade, sun breaker or other ornamental
projections etc. Shall be permissible upto 0.60m in gaothan area for the plots and measuring
upto 250 sq.m. However, in case of redevelopment scheme under regulation no.33(7)
where marginal distances are less, chajja projection maximum up to 0.45 m may be allowed.
(ii) the ornamental projection, flower beds, etc. Projecting not more than 1.2 m from the
face of the building. No ornamental projection, flower beds, etc. Shall be permissible, which
will reduce the width of the required open space to less than 2.5 m
(iii) platform of width not more than 0.45 m and length 2.0 m at the height not less than
0.60 m above floor level for installation of air-conditioning split unit not reducing the open
spaces as per above
(f)
(i) a chajja, cornice, weather shade, sun-breaker over a balcony or gallery, its projection not
exceeding 0.75 m from the balcony or gallery face with a level difference of 0.6 m in relation
to the floor level. However, in case of redevelopment scheme under regulation no.33(7)
where marginal distances are less, chajja projection maximum up to 0.45 m may be allowed.
(ii) the ornamental projection, flower bed etc. Over a balcony or gallery, its projection not
exceeding 0.75 m. From the balcony or gallery.
(iii) platform of width not more than 0.45 m and length 2.0 m at the height not less than
0.60 m above floor level for installation of air-conditioning split unit not reducing the open
spaces as per above.
(g)watchman's booth not over 3 sq. M in area. In case of larger layouts having plot area
more than 4000 sq. M. And accessible from more than one public road, than watchman’s
booth of 3sq.m on each access road may be allowed, provided it is not highway. Watchman
booth should be located in such way that it should not affect manoeuvring of fire tender.

Habitable and non-habitable areas:

Toilets, staircases, lift lobbies, passages - non-habitable – may derive light from certain
ventilation shafts. The habitable areas- rooms and dwelling areas are considered habitable.
Need to have light and ventilation from the external surface of the building, if internal
courtyard- should be wide enough to allow light width in the structure basic requirement-
1/6th of the total area if room is beyond 7.5m you need to provide artificial ventilation
within 7.5- natural ventilation-
Important aspect while designing – the shape of the building or the footprints depends on
this.

• live face- light and ventilation derived from this wall

• dead face- light and ventilation not derived from this wall. (even in case of
Non-habitable space if dead wall is used for light and ventilation it is not considered a light
face).

Conservation of heritage
1. Definition:
(i) “conservation” means all the processes of looking after a place so as to retain its
historical and/or architectural and/or aesthetic and/or cultural significance and includes
maintenance, preservation, restoration, reconstruction and adoption or a combination of
more than one of these.
(ii) “preservation” means and includes maintaining the fabric of a place in its existing state
and retarding deterioration.
(iii)“restoration” means and includes returning the existing fabric of a place to a known
earlier state by removing accretions or by reassembling existing components.
(iv)“heritage site” means the area within the boundary / extent of the heritage building /
precinct / natural area included in the heritage list and as shown on the map.
(v) ”natural heritage site” shall include, natural sites or precisely delineated natural areas
which are of outstanding value from the point of view of science, heritage conservation or
natural beauty; geological and physiographical formations and precisely delineated areas
which constitute the habitat of threatened species of animals and plants and are of
outstanding value from the point of view of ecology or conservation; natural features
consisting of physical and biological formations or groups of such formations, which are of
outstanding (special) value from the aesthetic or scientific point of view.
• for example- hertiage structure in cluster is known as precint for eg fort precint in mumbai
or kholivada. So different precint has different needs related to restoration.
• in terms of graded heritage building – identifying takes place -grading takes place on the
speciality and historic value, emotional quotient. - for example, higher the hertiage value
and potential higher the grade i.e grade 1 and further division takes place like 2a, 2b. –
finally, authority is given to the municipal corporation

2. Applicability: this regulation shall apply to the heritage listas shall be notified by
gom from time to time (hereinafter referred to as listed heritage
buildings/structures/precincts/sites) and to any draft heritage list (s) as published by the
gom. /municipal commissioner.

3. Restriction on development/redevelopment/repairs, etc.: i. Development, additions /

alterations, repairs, restoration, in respect of graded heritage buildings or buildings in
heritage precincts or heritage sites shall be in accordance with the provisions mentioned at
9 (c & d) of this regulation. Ii. Inexceptional cases, for reasons to be recorded in writing,
using his powers of special permission, the commissioner, may overrule the
recommendation of the mhcc. The decision of the municipal thereon shall be final. Iii. In
relation to religious buildings in the said list, the changes, repairs, additions, alterations and
renovations required on religious grounds mentioned in sacred texts or as a part of holy
practices laid down in religious codes shall be treated as permissible, subject to their being
in accordance and consonance with the original structure and architecture designs,
aesthetics and other special features thereof. Provided that before arriving at his decision,
the commissioner shall take into consideration the recommendations of the mumbai
heritage conservation committee.

4. Preparation of list of heritage buildings and heritage precincts: the said heritage list
to which this regulation applies shall not form part of this regulation for the purpose of
sections 37 of the mr&tp act, 1966. This list may be supplemented, altered, deleted or
modified from time to time by government on receipt of proposals from the commissioner
or by the government suo-motu, provided that objections and suggestions from the public
be invited and duly considered by the commissioner and/or by gom before notification.
Provided that any draft list which is published and pending for the approval of gom shall, in
the interim period, be deemed to be part of the heritage list and provisions of this
regulation shall be applicable to the said draft list
5. Grant of transferable development rights in case of loss of development rights owners of
heritage buildings, structures, sites will, on application for preservation
/conservation/restoration of the heritage buildings/structures/sites or if any application for
development of heritage building/s is refused under this regulation and conditions are
imposed while permitting such development which deprive the owner/lessee of any
unconsumed drs will be entitled for grant of drc in terms of tdr as provided in these
regulations. The extent of tdr permissible will be the difference between zonal (basic) fsi
plus area of plot and the consumed bua of the heritage structure. The grant of tdr shall be
subject to a contract between the owner/lessee and mcgm binding the owner/lessee to
conserve the heritage building in the prescribed manner as recommended by mhcc and
approved by municipal commissioner. In such cases the potential of the plot shall be
perpetually reduced to the extent of existing bua of the structure. The tdr may be given in
two stages i. An appropriate % of the available drc after approval of plans for the
conservation of the heritage structure will be granted by the municipal commissioner on the
recommendations of the mhcc. Ii. After getting completion certificate for the conservation
of the heritage structure from the appropriate authority and on recommendation of the
mhcc, whatever is considered appropriate of the residual or entire residual drc will be
granted by the municipal commissioner.
6. Maintaining sky-line: buildings included in listed/published draft heritage precincts shall,
as far as possible, maintain the sky-line in the precincts as may be existing within the
precinct boundary excluding any high-rise new development.so as not to diminish or
destroy the value and beauty of the said listed heritage buildings/heritage precincts. The
development within the precincts shall be in accordance with respective precinct guidelines
as formulated by the municipal commissioner in consultation with mhcc or as may be
decided by the municipal commissioner, shall require sanction by government guidelines for
display of hoarding, sinage, advertisement boards, street furniture, pavement shall be
formulated by the mhcc.
7. Heritage conservation fund: non-cessed buildings included in the said list shall be
repaired/restored by the owners/lessees of the said buildings themselves or if they are
cessed buildings, those can be repaired/restored by mhada or by the owner or by the
cooperative society of the owners and/or occupiers of the building. With a view to give
monetary help for such repairs/restoration, a separate fund may be created, which would
be kept at the disposal of the commissioner, who may consult heritage conservation
committee while disbursement of such funds. Provisions for such a fund may be made
through district planning and development council budgetor any other budget. 8.
Development plan reservation: if there are any dp reservations on listed heritage structure
and due to development of such site if adversely affects its character, then municipal
commissioner on recommendation of mhcc shall initiate the process of
modification/deletion of such reservation following due procedure.
example 3: rameshwar temple, pune – small shrine was removed due to war but then it was
restored- challenge was the foundation where as in the previous one only the shikhara was changed.
example 4: raviver peth precint redesign.
Questions

1a. Regulations related to the height of the building (permissible height)

 The height of the building is considered or taken depending on the road
width which determines the access to the structure. There are three main
classifications of permissible height for high rise building considering road
width as a factor.

Road width Permissible height

9m 32-70m
12m 72-120m
18m Above 120m
 The height of the building shall not increase three time the total of existing
permissible width of the street on which it is abuts and the required front
open space.
 For example: the front open space is 9m wide and height calculation is done
by the following method: (9.0+9.0m) x3m = 54m. So, the height shall not
exceed 54m.
 So according to permissible height, setbacks are also determined in a
building, depending on the type of the building.

Differences between regional and development plans are the following:

Regional plan Development plan
Regional plan shows a landuse activity, Development plan is a document which
infrastructure, settlement growth across a provides planners with guidelines to follow
large area of land. It is bifurcated in zones during the development process, it also
for the sustainable growth of a region outlines various objectives, principles and
policies, further controlling and affecting
the design and other aspects of proposed
developments.
Set regional level policy and zoning sets criterias for future city developments
It consists of sectors such as agriculture, It consists of scetors which development of
industries, infrastructures, environment roads, railwaytracks, metrorail lines,
conservation management, tourism, different types of landuse zones etc
transportation, heritage, coastal areas and
disaster management etc

It encompasses a bigger stretch of land on It also included circulation, civic design,

national level and development plan utilities and services, and open spaces on
becomes a part of it and it is known as national, state and community level
regional development plan
Area of comprehensive development:

Comprehensive development :
 Any time after [the publication of notice regarding preparation] of draft
development plan under section 26, a planning authority may prepare plan or plans
showing proposals for the development of an area or areas which in the opinion of
the planning authority should be developed or re-developed as a whole (hereinafter
referred to as "the area or areas of comprehensive development"); and in particular
such plans shall provide for-

(a) detailed development of specific areas for urban renewal, housing, shopping
centres, industrial areas, civic centres, educational and cultural institutions;

(b) control of architectural features, elevation and frontage of buildings and

structures;

(c) dealing satisfactorily with areas of bad layout, obsolete development and slum
areas and re-location of population;

(d) open spaces, gardens, playgrounds and recreation areas.

 when the plans for an area or areas of comprehensive development are prepared,
whether or not separately, the planning authority shall follow the same procedure
before submission of these plans to the state government for sanction as is provided
by sections 25, 26, 27, 28, [*], 30 and 31 as respects a draft development plan and
submit such plan or plans from time to time to the state government for sanction,
along with a report -
(a) explaining the proposals and the stages of the development programme by which
it is proposed to execute the plan or plans;
(b) giving an appropriate estimate of the cost involved in executing the proposals of
the plan or plans.
 The state government may, after consulting the director of town planning by
notification in the official gazette, sanction the plan or plans for the, area or areas of
comprehensive development either without, or subject to such modifications as it
may consider necessary not later than three months of the date of receipt of such
plans from the planning authority or not later than such further period as may be
extended by the state government.
2b. Layout open space:

 Layout spaces refers to land layouts where open space is called as layout open space
where 10% of the layout of the land shall be designated as an open space. It is also
called los as approved by mhada.
 The open spaces required under these regulations shall be separate or distinct for
each building.
 The front open space shall be measured perpendicular to the roadline
  The open spaces for light and ventilation shall be measured perpendicular to the
building line.
 The open spaces for the dead wall shall be measured perpendicular to the
compound wall.
 According to new open rule ;
Layout open space nature

1. Should have an independent means of access

2. Gardens, playgrounds, swimming pool, vipashyana or yoga centre or sports
centre can be permitted in the open space
3. No recreational open space should be less than 200 square meter
4. Municipal commissioner is entitled to take over the land of recreational open
space in case of its misuse.

Scope of development in heritage grade ii

 According to scope of development for grade ii building adaptive reuse is allowed for
buildings such as precints of local or regional importance, building contributing to
the local landmarks and having cutural and historical values etc
 In certain circumstances extension of grade iia building is allowed, provided that the
extension is in harmony with the height of the façade.
 External changes too may be permitted subject to strict scrutiny.
 Care should be taken to ensure the conservation of all special feautures of a grade-
iia building as concerned.
 In addition to that additional building in the same plot or compound may in certain
circumstances be allowed, provided that such additional building shall be harmony
especially in terms of height or façade.

Commencement certificate:
 The certificate from the concerned authority allowing the builder for
commencement of construction of the property (after ensuring that all set criteria
have been met) is referred to as the certificate of commencement.
 After receipt of the application, the demand note regarding payment of scrutiny fee,
development charges and other charges based on the proposed plans/drawing
submitted shall be given by the concern engineer of the authority within 10 days.
 the owner / architect /l.s./engineer shall deposit the charges as demanded. Upon
deposit of such charges with the planning authority, the concerned architect/ license
surveyor (l.s.)/engineer are empowered to grant provisional approval in the form of
self-certification certifying that the plan / entire building proposal is strictly in
conformity with the dcpr.
 This self-certification shall be treated as commencement for the construction work.
Extent of los required in residential and commerical layout.
In any layout or sub-division/amalgamation/ for the development of individual plots
with single building in a residential and commercial zone, los shall be provided as
under.
 Area from 1001 sq. M to 2500 sq. M. :15 per cent
 area from 2501 sq. M to 10,000 sq. M: 20 per cent
 Area above 10,000 sq. M: 25 per cent

These los shall be exclusive of areas of accesses/internal roads/ existing amenity or

reservations, dp roads and areas for road-widening and shall as far as possible be provided
in one place.

Where however, the area of the layout or sub-division/amalgamated/plot area is more than
5000 sq. M, los may be provided in more than one place, but at least one of such places
shall be not less than 1000 sq. M in size. Such los will not be necessary in the case of land
used for educational institutions with attached independent playgrounds.

Minimum area: no such los shall measure less than 125 sq. M

minimum dimensions: the minimum dimension of such los shall not be less than 7.5 m, and
if the average width of such los is less than 16.6 m, the length thereof shall not exceed 2 1/2
times the average width.

Every plot meant for a los shall have an independent means of access, unless it is
approachable directly from every building in the layout
: slum rehabilitation scheme:
 A person eligible for redevelopment scheme shall mean a protected occupier
as defined in chapter ib of maharashtra slums areas (improvement, clearance
and redevelopment) act, 1971 as amended time to time, hereinafter referred
to as slum act and orders issued there under.
 subject to the foregoing provisions, only the actual occupants of the
hutment shall be held eligible, and the so-called structure-owner other than
the actual occupant if any, even if his name is shown in the electoral roll for
the structure, shall have no right whatsoever to the reconstructed tenement
against that structure.
 Slum rehabilitation area shall also mean any area declared as such by the sra
though preferably fulfilling conditions laid down in section 4 of the slum act,
to qualify as slum area and/or required for implementation of any slum
rehabilitation project. Any area where a project under slum rehabilitation
scheme (srs) has been approved by ceo, sra shall be a deemed slum
rehabilitation area.
 A pavement shall mean any municipal/govt. /semi-govt. Pavement, and shall
include any viable stretch of the pavement as may be considered viable for
the purpose of srs.
 The reconstructed tenement shall be of the ownership of the hutment
dweller and spouse conjointly, and shall be so entered and be deemed to be
so entered in the records of the cooperative housing society, including the
share certificates or all other relevant documents

Stages of preparation of development plan as per mrtp act 1966

 Aim of the act:
mrtp act came into existence on 1 june, 1970. The law was enacted with the sole aim
of achieving the largest possible production with least damage to people at large
whilst securing maximum benefit.

 Scope of the mrtp act, 1969:

To first understand the salient features that govern the mrtp act, 1969, it is
important in order to truly understand the scope of its applicability. Following are
the concepts tackled by the act –

According to maharashtra regional and town planning act 1966 the (procedure to be
followed in preparing and sanctioning development plans.)Stages of preparation of
development plans are following:

 A planning authority shall, before carrying out a survey and preparing an

Existing-land-use map of the area as provided in section 21, by a resolution make
 A declaration of its intention to prepare a development plan; and shall despatch a
copy
Of such resolution with a copy of a plan showing only the boundary of the entire
Area proposed to be included in the development plan to the state government.
 The planning authority or the said officer, as the case may be, shall also
publish a notice of such declaration in the official gazette, and also in one or
more local newspapers in the prescribed manner, inviting suggestions or
objections from the public within a period of not less than sixty days from the
publication of the notice in the official gazette.
 A copy of the aforesaid plan shall be open to the inspection of the public at
all reasonable hours at the head office of the planning authority and local
authority.
 After the declaration of intention of a planning authority or the said officer to
prepare a development plan but not later than six months from the date of
such declaration or not later than such further time as the state government
may from time to time extend, a planning authority or the said officer shall
carry out a survey of the lands within the jurisdiction of the planning
authority and prepare an existing-land-use map indicating the existing use of
land therein.
 A draft development plan shall be prepared map showing the planning units
or sectors unalterable till the development plan is revised
 After making the draft development plan it shall be sent to the state
government for the approval.
 The state government may appoint an officer of rank not below that of a
3[groupa officer] and direct him to hear any such person in respect of such
objections and suggestions and submit his report thereon to the state
government 4[within one year from the date of publication of notice under
second proviso to sub-section (1)].
 Extent of total permissible fsi in island city of mumbai:

Zone Roadwidth Zonal Additional Addmissible Permissible

fsi- on Fsi fsi
payment of
premium
Residential Less than 9 1.33 - - 1.33
and m
commerical
9m and 1.33 0.5 0.17 2.0
above but
less than
12m

12m and
above but
less than 0.62 0.45 2.4
 18m 1.33

18m and 0.64 2.7

above but 1.33 0.73
less than
27m
27m and 0.84 0.83 3.0
above 1.33

Defination of grade 1:
 Heritage grade – i comprises buildings, and sites of national or historical importance,
embodying excellence in architectural style, design, technology and material usage;
they may be associated with a great historical event, personality, movement or
institution.
 It may also comprise natural sites of heritage value eg. Waterfronts, creeks,
mangroves, hillocks, forestlands, open spaces, etc
 They have been and are the prime landmarks of the city. Vista of grade i : an area
within 100 m. Periphery or as may be delineated on plan by the municipal
commissioner in consultation with mhcc shall be considered as the vista of a grade –i
structure/ entry

Features exempted from fsi calcuation (any 6)

The following shall not be counted in fsi:

 Areas of structures permitted in los under clause (g)of sub-regulation (1) of

regulation no 27.
 Area of the basement used exclusively for parking and other ancillary uses as
permitted in regulation no. 37(7)
 Area of one office room as provided in sub-regulation (9) of regulation 37
 Lofts [vide sub-regulation 4 of regulation 37]
 Porches [vide sub-regulation (18) of regulation 37].
 canopy [vide sub-regulation (19) of regulation 37].
 A chajja, cornice, weather shade, sun-breaker, at lintel level, only & vertical fins
(excluding column); projecting not more than 1.2 m. From the face of the building as
provided in sub regulation no. 42
 A chajja, cornice, weather shade, sun-breaker over a balcony or gallery, as provided
in sub regulation no. 42
 Open to sky swimming pool at the terrace above the top most storey or on the top
most podium only
 The refuge areas subject to dc regulation no. 48(8)
 

Importance of national building code for architects:

 Building codes are very important because they ensure that architects and
contractors are making their structures as safe as possible. Safety and the
wellbeing of tenants and residents is the ultimate goal for these regulations. This is
why they are so important to implement in our structures.
 Provisions for association of need based professionals and agencies have been
updated to ensure proper discharge of responsibilities for accomplishment of
building project.
 These are necessary for construction management and create provisions for safety
and fire and management.
 To create rules regarding parking and traffic impact.
 in india, each municipality and urban development authority has its own building
code, which is mandatory for all construction within their jurisdiction. All these local
building codes are variants of a national building code, which serves as model code
providing guidelines for regulating building construction activity.
 Standards for structure, placement, size, usage, wall assemblies, fenestration
size/locations, egress rules, size/location of rooms, foundations, floors assemblies,
roof structures/assemblies, energy efficiency, stairs and halls, mechanical, electrical,
plumbing, site drainage & storage, appliance, lighting, fixtures standards, occupancy
rules and swimming pool regulations.

PART 5 : FLOOR SPACE INDEX (FSI)

(A) Floor Space Indices & Floor space / BUAcomputation
The area of a plot shall be reckoned in FSI/BUA calculations applicable
to development to be undertaken as under: -
Note-A.
1) The plots abutting public roads having existing width of minimum 6m but less
than 9m which are proposed to be widened to 9.0 m or more then permissible FSI
shall be as admissible for 9m road width.
2) TDR & additional FSI on payment of premium Ratio can be change by
Government from time to time keeping the total Cap as it is.
B.
The permissible FSI shall be on plot area excluding area under DP roads/roads for which sanctioned
Regular line as per MMC Act is prescribed, as per regulation 16,
14 (amenity plots), and area of DP Reservation to be surrendered to
MCGM/Appropriate Authority under Regulation 17.

(B) Tenement Density

1. Maximum tenement density shall be 450 per ha for FSI 1.00 and shall be
appropriately increased/reduced proportionate to FSI 1.00.
2. Minimum tenement density for Rehabilitation and Resettlement/ affordable
housing plots shall be 325 per ha for FSI 1.00 and shall be appropriately
increased/reduced proportionate to FSI 1.00

(C) Protected Development

(a) The FSI permitted as per Table No. 12 will be allowed to be exceeded for redevelopment of
existing authorized building to the extent of existing authorized development rights/BUA and shall
be also entitled for the additional FSI as per relevant regulations. Provided further that in cases
where benefit of additional FSI as per the then prevailing regulations was availed for the purpose of
educational, medical, starred category hotels, religious development and Information Technology
establishments and if redevelopment is proposed by discontinuing such users, then such additional
BUA will not be protected. The development shall have to be in consonance with the provisions of
these Regulations. The premium paid in past for such user will not be adjusted.

(b) In cases where development is not completed, it shall be permissible to avail the balance
development rights as permissible under these Regulations by utilizing the TDR or additional FSI on
payment of Premium by adjusting the payments made earlier for availing FSI if any, or payments
made for grants of any concessions, condonations etc. but no refund shall be permissible. Provided
that if the development is proposed to the extent of protected built up area only as per a) above,
9m. road width shall be considered adequate. However, if development is proposed with more area
than protected as per regulation then, the restrictions as per regulation 19(2) shall be applicable.

31. Exemption from FSI to be counted in FSI/ Fungible

Compensatory Area:
1. Exemption from FSI

The following shall not be counted in FSI :

(i) Areas of structures permitted in LOS under clause (g)of sub-Regulation (1) of
Regulation No 27.

(ii) Areas covered by features permitted in open spaces as listed in Regulation

No.42 except for Regulation 42(i) (b), 42(ii)(d),42(ii) (e) (ii), 42(ii) (f) (ii)

(iii) Areas covered by staircase rooms, lift machine rooms above topmost storey,
staircase/lift wells and passages in stilt, basement and floors exclusively used
for parking and other ancillary uses as permitted in this Regulation No.31(1)

(iv) Areas covered by staircases/lift wells including lobbies as specified, excluding

those covered under DC Regulation No.31 (1) (iii) with special written
permission of the Commissioner subject to payment of premium.

Such exclusion from FSI computation shall not be applicable in case of existing
buildings.

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 for the reconstruction scheme under Regulation No. 33(6),
33(7)(A), 33(7)(B), such exclusion will be permissible as hereunder.

If staircase, lift & lift lobby areas are claimed free of FSI by charging premium
as per then prevailing Regulation, then such areas to that extent only will be
granted free of FSI without charging premium. If staircase, lift & lift lobby areas
are counted in FSI in earlier development, such areas may be availed free of FSI
by charging premium as per these Regulations.

(v) Area of the basement used exclusively for parking and other ancillary
uses as permitted in Regulation No. 37(7) (iv) (b, c, d, e & j).

(vi) Area of covered parking spaces as provided in sub-Regulation (6) (a)of

Regulation No.44
Provided, however, that additional parking to the extent of 50% of the
required parking may be permitted without payment of premium.
Provided further that in non-residential building, where entire parking
is proposed by mechanical/ automatic means, additional parking to the
extent of 20% of the required parking shall be permitted free of FSI as
vehicle holding area.

(vii) Area of one office room as provided in sub-Regulation (9) of Regulation 37

(viii) Lofts [vide sub-Regulation 4 of Regulation 37]

(ix) Porches [vide sub-Regulation (18) of Regulation 37].

(x) Canopy [vide sub-Regulation (19) of Regulation 37].

(xi) Area of structures for an effluent treatment plant, Water Treatment

Plant, Sewerage Treatment Plant as required to be provided, as per
the requirements of the MPCB or other relevant authorities:
Provided, however, in the case of an existing industry, if no vacant land
is available the Commissioner may permit structures with dimensions
to be approved by him for such effluent treatment plant on 15 per cent
layout open space.

(xii) A chajja, cornice, weather shade, sun-breaker, at lintel level, only &
vertical fins (excluding column); projecting not more than 1.2 m. from
the face of the building as provided in sub regulation no. 42 (ii)(e)(i).

(xiii) A chajja, cornice, weather shade, sun-breaker over a balcony or gallery,

as provided in sub regulation no. 42(ii)(f)(i)

(xiv) Area covered by elevated/ underground water reservoirs/tanks,

electric sub-stations,Distribution Sub Station,pump houses, facility
for treatment of wet waste in situ.

(xv) Area covered by new lift and passage thereto in an existing building
with a height upto 16m. in the Island City [vide clause (ii) (f) of sub-
Regulation (17) of Regulations 37]

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

(xvii) Area of one fitness centre /Yogalaya for a Co-Op. Housing Society or
Apartment Owners Association as provided in sub-regulation 37(28).

(xviii) The fire chutes as provided under DC Regulation No. 48(9)

(xix) The refuge areas subject to DC Regulation No. 48(8)

(xx) Service Floor of height not exceeding 1.8 or as stated in Regulation

No.37(32)

(xxi) Entrance lobbies in stilted portion, height not exceeding 7.2 m. or height
equivalent to two floor or height of stilt whichever is more.

(xxii) Open to sky swimming pool at the terrace above the top most storey or
on the top most podium only.

(xxiii) Area of the service ducts abutting Sanitary Block, kitchen not exceeding
1.2 m. in-depth. In case of high rise buildings higher width/size as per
requirement and design approved by Commissioner but not exceeding
2.0 m.

(xxiv) Ornamental projection of cladding/ glass façade/ glazing not exceeding

0.30 m from building line for residential / non-residential building.

(xxv) Area covered by chimney, elevated tanks (provided its height below the
tank from the floor does not exceed 1.5 m)

(xxvi) Area of sanitary block for use of domestic servants engaged in the
premises, not exceeding 2.2 sq.m at staircase mid-landing level or at stilt
level, area of sanitary block for use of drivers engaged by the car owners
not exceeding 2.2 sq. m at each of the parking floor level/ Podium. In
case number of car parks exceeds 200 per parking floor level/ Podium,
additional sanitary block for every 200 cars or part there of shall be
allowed.
(xxvii) Letter boxes as specified in Regulation No 37(10) (b)

(xxviii) Parking floors as specified in Regulation No 37(30)

(xxix) Area of DG set at stilt and podium level as specified in Regulation No

37(31)

(xxx) Area of DG set, electric sub-station with protective walls having

voids/perforated walls above 1 m height, at stilt and podium level or in
side and rear marginal open space, or in a separate independent
structure specified in Regulation No 37(31).

(xxxi) Electrical Duct/ fire duct of clear depth not more than 0.45 m and not
abutting to any habitable room.

(xxxii) Area of electricmeter/service utility room/rooms having area of 10 sq.

m per 50 tenements at Basement /Ground/Stilt/Podium. In case of High
Rise building the meter room may be allowed as per the specific
requirements of Electric Supply Company.

(xxxiii) Refuse Chute/Garbage Shaft as specified in Regulation No.37(12)

(xxxiv) Elevation feature or dome like structure above water tank/lift machine
room/staircase room up to 2 m for building with height beyond 32 m &
up to 70 m, 6 m for the building height beyond 70 m and up to 120 m
and up to 9 m for building with height beyond 120 m with 60% voids
in surface area/profile may be allowed.

(xxxv) Area required for Rain Water Harvesting Arrangement, Nonconventional

Energy System as per these Regulations.

(xxxvi) Advertisements and sky signs, covered areas required on topmost

terrace for antenna/dish antenna/communication tower used for
Telecom not exceeding 20 sq. m.

(xxxvii) Area required for Cooling Towers/Chilling Plants (open to sky) only
beyond the required marginal open spaces or on terrace floor.

(xxxviii) Area for Laundry, Boiler Room for Hotels, Hospitals & Hostels as specified
in Regulation No.37(7).

(xxxix) Room with maximum size 5 sq. m, for Battery back-up for solar water
heater and/or for common lighting in basement or on terrace.

(xl) Entry gate over Arch.

Note:
i. Areas covered by the projections exceeding those specified in clauses
xii, xiii, xxiii, xxiv and xxxiii above shall be counted in FSI.

ii. Open to sky swimming pool at any level other than (xxii) above and
excluding at ground level as provided in Regulation No 42 (ii)(a), shall be
counted in FSI.

iii. Any passage by whatever name not covered under DCR 31(1) shall be
counted in FSI.

(2) The following shall be counted in FSI.

(i) Covered parking spaces/Garage as provided under Regulation No. 44

(6)(d)

(ii) Area of fire escape balcony as provided in Regulation No 48(6)

(iii) Area of Sanitary block for the use of domestic servants engaged in the
premises, other than as provided as per Regulation No 31(1) ((XXVI).

(iv) 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, terraces created due to restriction imposed by the Railway
Authority and above shopping/Non- residential/Industrial area at one
level only with a slope of 1:5, in case of residential/Nonresidential/
Industrialdevelopment on upper floors.

(v) Area below open to sky swimming pool, clearance exceeding 1.5 m.
from floor level.

(vi) Air conditioning plant room/Air handling unit room, except

provided in basement.

(vii) Service floor other than specified in Regulation No. 37(32) and 31(1)(xx).

(viii) Area of balconies as provided in sub regulation 20 of Regulation No 37.

(ix) Niches below window sill.

(x) Area of one public telephone booth and one telephone exchange (PBX)
room per building.

(xi) The ornamental projection, including the voids, flower beds, etc.
projecting from the face of the building except at the terrace level other
than allowed as per Regulation No 31(1) (ii).

(xii) Ornamental projection, flower bed etc. over a balcony or gallery other
than allowed as per Regulation No 31(1) (ii).

(xiii) Area of one room for installation of telephone concentrators as per

requirements of Mahanagar Telephone Nigam limited.

(xiv) Letter box room as specified in Regulation No 37(10) (a).

(xv) 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.m.

(xvi) The parking floor in excess of required parking under these regulation
[31(1)(vi)]and for which the premium has been paid. Deck parking
inclusive of car lifts and passages thereto on habitable floors.

(xvii) Driver’s room/sanitary block on podium and or parking floor other than
mentioned in Regulation No.31(1)(xxvi).

(xviii) Covered swimming pool.

(xix) Area of DG set room at stilt and podium level other than mentioned
in Regulation No 31(1)(xxx).

(3) Fungible Compensatory Area:

Notwithstanding anything contained in the D.C.Regulations 30, 32 & 33, the

Commissioner may, by special permission, permit fungible compensatory area,
not exceeding 35% for residential/Industrial/Commercial development, over
and above admissible FSI/BUA, by charging a premium at the rate of 50% for
Residential and 60% for Industrial and Commercial development of ASR (for FSI
1),which is to be shared between MCGM, State Govt. and MSRDC (for Sea Link)
in 50%, 30% and 20% respectively.

Provided that in case of redevelopment under regulation 33(7), 33(7)(A),

33(8), 33(9), 33(9)(B), 33(20), and 33(10) excluding clause No.3.11 of the
Regulation the fungible compensatory area admissible on AH / R&R component
shall be granted without charging premium.

In case of redevelopment under regulation 33(5), 33(6) & 33(7)(B) of the

Regulation the fungible compensatory FSI area admissible on existing BUA shall
be granted without charging premium.

Provided further that in case of redevelopment schemes of EWS/ LIG category

under Regulation 33(5) where rehab entitlement not exceeding 35 sq.mt, then
fungible compensatory area on such rehab entitlement shall be granted
without charging premium.

Provided further that for redevelopment proposal of existing buildings by availing TDR/Additional FSI
on payment of Premium, the fungible compensatory area admissible on FSI consumed in existing
building shall be granted without charging premium, if existing user is proposed to be continued
in proposed redevelopment then it shall be granted without charging premium.

Provided further that such fungible compensatory area for rehabilitation

component shall not be used for free sale component and may be used to give
additional area over and above eligible area to the existing tenants/occupants. Fungible
compensatory area admissible to one rehabilitation tenement cannot be utilized for another
rehabilitation tenement.

Provided that, this Regulation shall be applicable only in respect of the

buildings to be constructed or reconstructed.

Provided also that in case of development under Regulation No. 33(15), the
fungible compensatory area shall be admissible without charging premium.

“Provided that in case of development under Regulation No. 33(2) excluding

buildings of private medical institutions under Regulation No. 33(2)(A),the
fungible compensatory area shall be admissible on 50 % rebate in premium to
be charged as per this regulation the fungible compensatory area for
development under Regulation No 33(3) shall be admissible without charging
premium for MCGM and State Government only.

Fungible compensatory area : ( google)

To compensate for the loss of your land as reserved land to the govt. in FSI, the Government has
allowed Compensatory Fungible FSI of up to 35% for Residential Developments and 20% for
Industrial and Commercial Developments. This can be used either for bigger habitat able area or for
balcony, flower-beds, terraces, voids, niches etc.

Fungible compensatory area is a fixed percentage as a part of plot potential to be bought from
MCGM on payment of premium.

Explanatory Note: -

(i) Where IOD/IOA has been granted but the building is not complete then
this Regulation shall apply, only at the option of the 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 compensatory area is useable as regular FSI,

Note:
(a) The premium paid for fungible compensatory FSI prior to coming into force
of this Regulation particularly in case of Commercial/Industrial development
will not be adjusted; for grant of additional fungible compensatory area under
this regulation, and premium if any, as per this Regulation shall have to be paid.
Fungible Compensatory F.S.I. granted under Regulation 35(4) of DCR 1991
shall be continued as Fungible Compensatory Area under Regulation 31(3) of
DCPR 2034 & no premium shall be demanded or refunded or adjusted for such
area.

(b) The premium amount collected shall be kept in a separate Account to be

utilized for infrastructure development.
(c) The deficiency in open space created due to utilization of fungible compensatory area shall be
condoned by charging premium at 25% of normal
premium.

32. Transfer of Development Rights (TDR)

1.0 TRANSFERABLE DEVELOPMENT RIGHTS –

Transferable Development Rights (TDR) is compensation in the form of Floor

Space Index (FSI) or Development Rights which shall entitle the owner for
construction of built-up area subject to provisions in this regulation. This FSI
credit shall be issued in a certificate which shall be called as Development
Right Certificate (DRC).

Development Rights Certificate (DRC) shall be issued by Municipal

Commissioner under his signature and endorse thereon in writing in figures
and in words, the FSI credit in square meters of the built-up area to which
the owner or lessee is entitled, the place from where it is generated and the
rate of that plot as prescribed in the Annual Statement of Rates issued by
the Registration Department for the concerned year.

2.0 CASES ELIGIBLE FOR TRANSFERABLE DEVELOPMENT RIGHTS

(TDR) :-

Compensation in terms of Transferable Development Rights (TDR) shall be

permissible for :

i)lands under various reservations for public purposes, new roads, road
widening etc. which are subjected to acquisition, proposed in Draft or Final
Development Plan, prepared under the provisions of the Maharashtra
Regional and Town Planning Act,1966;

ii) lands under any deemed reservations according to any regulations prepared
as per the provisions of Maharashtra Regional & Town Planning Act, 1966;

iii) lands under any new road or road widening proposed under the provisions
of Mumbai Municipal Corporation Act, 1888;

iv) development or construction of the amenity on the reserved land;

v) unutilized FSI of any structure or precinct which is declared as Heritage

structure or Precinct under the provisions of these Regulations, due to
restrictions imposed in that regulation;

vi) in lieu of constructing housing for slum-dwellers according to regulations

prepared under the Maharashtra Regional & Town Planning Act, 1966;

vii) The purposes as may be notified by the Government from time to time, by
way of, modification to, new addition of, any of the provisions of sanctioned
Development Control and promotion Regulations.

viii) If the owner of a unreserved accessible plot not falling in SDZ/NA is willing
to offer the land for public purpose and the Municipal Commissioner, MCGM
is of the opinion that such land is suitable for public purpose then such land
shall be deemed to be a reservation and eligible for grant of TDR under this
regulation.

ix) The TDR of lands owned by Central Govt. / State Govt. and it’s undertakings
and which are allotted by payment of market value and which are reserved
in the Development Plan for public purpose shall be eligible. However, TDR
shall not be eligible to the lands under reservations which are granted on
lease at concessional rates by the Central Govt. and State Govt.

3.0 CASES NOT ELIGIBLE FOR TRANSFERABLE DEVELOPMENT RIGHTS

(TDR ):-

It shall not be permissible to grant Transferable Development Rights

(TDR) in the following circumstances:-

i) For earlier land acquisition or development for which compensation has been
already paid partly or fully by any means;

ii) Where award of land has already been declared and which is valid under the
Land Acquisition Act, 1894 or the Right to Fair Compensation & Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013 unless lands
are withdrawn from the award by the Appropriate Authority according to
the provisions of the relevant Acts.

iii) In cases where layout has already been sanctioned prior to these Regulations
and layout roads are incorporated as Development Plan roads

iv) In cases plotted layout, where layout is submitted along with proposed
Development Plan Road, in such cases TDR shall not be permissible for the
width of road that would be necessary according to the length as per these
Regulations;

v) If the compensation in the form of FSI / or by any means has already been
granted to the owner.

vi) Where lawful possession including by mutual agreement /or contract has been
taken.

vii) For an existing user or retention user or any required compulsory open space
or layout open space, in any layout required / provided as per these
Regulation.

viii)For any existing amenity, allocation of the use or zone which is not subjected
to acquisition.

ix) The incentive TDR will not be applicable to deemed reservations.

x) Existing nalla, River, Natural Stream, Natural Pond, Tank, Water bodies etc.

4.0 GENERATION OF THE TRANSFERABLE DEVELOPMENT

RIGHTS ( TDR ) – (PAGE 124)

4.1 Transferable Development Rights (TDR ) against surrender of land :-

4.2 Transferable Development Rights (TDR) against Construction of Amenity-

5.0 UTILISATION TRANSFERABLE DEVELOPMENT RIGHTS

( TDR ):--
5.1 A holder of DRC who desires to use FSI credit therein on a particular plot of land
shall attach valid DRCs to the extent required with his application for
development permission. Proposal for Transferable Development Rights (TDR)
utilisation shall be submitted along with the documents as may be prescribed
by the Commissioner or by the Government from time to time.

5.2 With an application for development permission, where an owner seeks

utilisation of DRC, he shall submit the DRC to the Municipal Commissioner who
shall endorse thereon in writing in figures and words, the quantum of the TDR
proposed to be utilised, before granting development permission.

5.3 The Transferable Development Rights (TDR) generated from any land use zone
shall be utilised on any receiving plot irrespective of the land use zone and
anywhere in Mumbai City area ( island city) and Mumbai Suburban /Extended
Suburban area. The equivalent quantum of Transferable Development Rights
(TDR ) to be permitted on receiving plot shall be governed by the formula given
below:-

Formula: X = (Rg / Rr) x Y

Where, X = Permissible Utilisation of TDR/DR in sqm on receiving plot
Rg = Rate for land in Rs. per sq.m. as per ASR of generating plots in generating
year
Rr = Rate for land in Rs. per sq.m. as per ASR of receiving plot in generating year
Y = TDR debited from DRC in sq.m.
Note:- All TDR including slum and heritage TDR shall be utilized as per this
regulation only.

5.4 Utilization of TDR:

5.4.1 Utilization of Transferable Development Rights (TDR ) and Road Width
Relation will be govern by regulation 30 (A) subject to following notes:-

Note:-
i) The maximum permissible TDR that can be utilised on any plot shall be as per
regulation 30(A) and/or as specified in these Regulations.
ii) Maximum permissible TDR loading as mentioned above on any plot shall be
exclusive of FSI allowed for inclusive housing if any.

iii) The quantum of maximum permissible TDR loading mentioned above shall
include slum TDR atleast 20 % and maximum to the extent of 50% of column
no. 6 of Table No. 12 regulation 30(A) or as decided by Govt. time to time.
Slum TDR as per this regulation and DRC generated from the vary said land
and/or DRC generated from other location may be utilized up to the
permissible limit mention above.

iv) If a plot is situated on access road having dead end within 50 mt. from the main
road, having minimum width of 9m or more then such plot shall be treated as
fronting on main road for the purpose of utilisation of TDR. Similarly if the plot
derives from 9m wide internal road then such plots also eligible for the purpose
for utilisation of TDR.

v) The relaxation premiumfor the use of slum TDR i.e.10% of normal premium
shall be charged while condoning deficiencies in open spaces.

5.4.2 The restrictions of total maximum permissible built up area in terms of FSI

with respect to road width mentioned in these Regulation, shall not be

applicable in cases where, the permissible FSI is more than the basic FSI in
various schemes, like Slum Rehabilitation Scheme, Redevelopment of cess
buildings, redevelopment of dangerous buildings, Urban Renewal Scheme,
Redevelopment of MHADA buildings/Colonies, Metro Influence Zone, BRTs,
TODs etc. and where specific provisions sanctioned by the Government shall
apply.
5.4.3. The additional FSI permissible in certain categories of buildings such as,

Educational building, Registered Charitable Institutional/ Medical / Hospital

Building, Star Category Hotel, Religious Building etc. as per prevailing
Regulations, if any, can be availed either by full or part utilization of TDR if
permissible in this regulation or full or part utilization of additional FSI at the
option of owner. However, the restriction of road width mentioned as per
these regulations shall not be applicable when the owner exercises his option
of availing utilization of additional FSI and in such cases limitation of maximum
building potential as mentioned in regulation no 5.4.1 shall not be applicable.

5.4.4 The utilisation of Transferable Development Rights (TDR) shall be

permissible by considering Plot Area excluding area affected by reservations or
deemed reservation or plot area to be surrendered under the provisions of
Accommodation Reservation and development plan road / prescribed R.L. to be
handed over to MCGM / Appropriate Authority.

5.4.5 Areas Restricted from Utilisation of Transferable Development Rights (TDR ) :-

Utilisation of Transferable Development Rights (TDR) shall not be permitted in

following areas:-
DRC shall not be valid for use on receivable plots in the areas listed below:-

(a) Areas in Special Development Zones and areas for which the Mumbai
Metropolitan Region Development Authority or Maharashtra Housing and
Area Development Authority or Maharashtra Industrial Development
Corporation or Mumbai port trust or any other Authorities appointed by
Government as a Special Planning Authority;

(b) On plots for housing schemes of slum dwellers for which additional FSI is
permissible under sub-regulation (7), (9) & (10) of Regulation 33;
However, in cases where non-slum/ non cessed plot is amalgamated with the
slum/ cessed plot for the purpose of better planning etc. then DRC will be
receivable on the non-slum plot/ non-cessed plot. In such cases utilization of
DRC shall be governed as per procedure and provisions stipulated in this
Regulation and sub clause (B).

(c) Areas where the zonal (basic) FSI is less than 1.0.

(d) Coastal regulation zone, except in cases where it is permissible to Utilised TDR
as per CRZ Notification 2011 and subsequent amendment from time to time’.

(e) Area having developmental prohibition or restrictions imposed by any

notification issued under the provisions of any Central/State Act (like CRZ
regulations, Defense restriction areas, etc.) or under these regulations.

6.0 GENERAL STIPULATION:- (PAGE 131)

6.4 Transfer of DRC- (PAGE 132)
7.0 VESTING OF LAND :-
8.0 EFFECT OF THIS REGULATION:-

UNAUTHORISED CONSTRUCTION :
Before starting construction work on any property, there are various permits
that are required to be obtained from the government, such as, Land
Clearances, Zonal Clearances, Building Approval etc. You also need to show
your title to the land on which the structure is to be built. A structure without
proper clearances, or, a structure built in contravention of the prescribed
norms, is not a legal structure. This process of constructing an illegal
structure is called unauthorised construction. They are liable to be
demolished by the government authorities.
Intimation of Disapproval is also known as Building Permit. Intimation of
Disapproval or IOD states conditions that needs to be complied with during different phases
of Under Construction Project. Intimation of Disapproval is also known as Building
Permit. IOD is only an approval of the civil plans.
LAND USE ZONES : DEVELOPMENT PLANS
The revised draft development plan proposes five categories for land usage – industrial,
residential, commercial, natural area (NA), and no development zones (NDZ)., Public, Semi –
Public, Agriculture, Open spaces and vacant land, water bodies, Institutional, commercial, and
industrial zones will allow mixed use development, while NDZ has been redefined to include
areas with development potential set aside for future use. Ecologically sensitive areas such as
mangroves, salt pan lands, and coastal wetlands have been included in natural area zone as per
the 2034 development plan.

Coastal Regulation Zone (CRZ)

Notwithstanding anything contained in these Regulations, any development

within CRZ areas shall be governed by the amended Coastal Regulation Zone
Notification No.S.O.19(E), dated 6th Jan, 2011 Ministry of Environment and
Forest (MoEF), Government of India as amended from time to time, wherever
applicable. Landsshown as Natural Area in DPand situated on the seaward side
of High Tide Line, ifafter modification to High Tide Line, falls on the landward
side of modified High Tide Line, then in such case the said land will be deemed
to have been situated in the zone of adjoining landunless, said land is forest/salt
pan land/occupied by mangroves/mud flats.

CRZ-IV: The aquatic area from low tide line up to territorial limits is classified as CRZ-IV including the
area of the tidal influenced water body.
There is no restriction on the traditional fishing undertaken by local communities.
No untreated sewage or solid waste shall be let off or dumped in these areas.

CRZ-I (ecologically sensitive areas like mangroves, coral reefs, biosphere reserves etc.).
No new construction shall be permitted in CRZ-I except
Projects relating to the Department of Atomic Energy;
Construction of trans-harbour sea link and roads without affecting the tidal flow of water, between
LTL and HTL. Etc.
Between Low Tide Line and High Tide Line in areas which are not ecologically sensitive, the following
may be permitted;
Exploration and extraction of natural gas;
Construction of basic amenities like schools, roads, etc. for traditional inhabitants living within the
biosphere reserves;

Salt harvesting by solar evaporation of seawater;

Desalination plants;

Storage of non-hazardous cargo such as edible oil, fertilizers within notified ports;

CRZ-II (Areas which are developed up to the shoreline and falling within the municipal limits;
includes built-up area – villages and towns are that are already well established),
Buildings are permissible on the landward side of the hazardous line.
Other activities such as desalination plants are also permissible.

Some construction is permitted only as per guidelines specified by the notification.

CRZ-III: Areas that are relatively undisturbed and do not fall under either in Category I or II and also
include rural and urban areas that are not substantially developed.
Between 0-200 metres from HTL is a No Development Zone where no construction shall be
permitted.
Only certain activities relating to agriculture, forestry, projects of Department of Atomic Energy,
mining of rare minerals, salt manufacture, regasification of petroleum products, non-conventional
energy sources and certain public facilities may be permitted in this zone.

Between 200-500 metres of HTL, those permitted in 0-200 metres zone, construction of houses for
local communities and tourism projects are permissible.

CVCA - CRITICALLY VULNERABLE COASTAL AREAS

the process of identifying planning, notifying and implementing CVCA shall be detailed in the
guideline which will be developed and notified by MoEF in consultations with the stakeholders like
the State Government, local coastal communities and fisherfolk and the like inhabiting the area;

the Integrated Management Plans (IMPs) prepared for such CVCA shall interalia keep in view the
conservation and management of mangroves, needs of local communities such as, dispensaries,
schools, public rain shelter, community toilets, bridges, roads, jetties, water supply, drainage,
sewerage and the impact of sea level rise and other natural disasters and the IMPs will be prepared
in line with the para 5 above for preparation of Coastal Zone Management Plans;

27. Layout/Plot RecreationalGround/OpenSpaces(LOS)inLayout/Plot

(1) LOS in residential and commercial layouts:

(a) Extent: In any layout or sub-division/amalgamation/ for the development of individual plots with
single building in a residential and commercial zone, LOS shall be provided as under. (i) Area from
1001 sq. m to 2500 sq. m. 15 per cent (ii) Area from 2501 sq. m to 10,000 sq. m 20 per cent (iii) Area
above 10,000 sq. m 25 per cent.

These LOS shall be exclusive of areas of accesses/internal roads/ existing amenity or reservations,
DP roads and areas for road-widening and shall as far as possible be provided in one place. Where
however, the area of the layout or sub-division/amalgamated/plot area is more than 5000 sq. m,
LOS may be provided in more than one place, but at least one of such places shall be not less than
1000 sq. m in size. Such LOS will not be necessary in the case of land used for educational
institutions with attached independent playgrounds.

In case of provisions of regulation, no 33 the LOS shall be as stipulated in the relevant regulations if
specified separately, or else the LOS as specified above shall be provided. Provided further that the
provisions of LOS in case of the redevelopment schemes under the regulation no 33(5),33(7),33(8),
33(15) and 33(20) (A) may be reduced due to planning constraints, minimum of at least 10% shall be
maintained. Provided further that in case of redevelopment proposal under Regulation No 33(5), the
existing area of LOS shall be maintained. If it is more than 10% of layout.
(b) Minimum area: No such LOS shall measure less than 125 sq. m.
(c) Minimum dimensions: The minimum dimension of such LOS shall not be less than 7.5 m,
and if the average width of such LOS is less than 16.6 m, the length thereof shall not exceed
2 1/2 times the average width.
(d) Access: Every plot meant for a LOS shall have an independent means of access, unless it
is approachable directly from every building in the layout.
(e) Ownership: The ownership of such LOS shall vest by provision, in a deed of conveyance,
in all the property owners on account of whose holdings the LOSis assigned
. (f) Tree growth: Excepting for the area covered by the permissible structures mentioned under (g)
below, the LOS shall be kept permanently open to the sky and accessible to all owners and
occupants as a. LOS and trees shall be grown as under: - (a)at the rate of 5trees per 100 sq. m or part
thereof of the said LOS to be grown within the entire plot (b)at the rate of 1tree per 100 sq. m or
part thereof to be grown in a plot for which LOS is not necessary (c) In between the trees planted
along the boundary of plot shrubs with grass shall be planted.

(g) Structures/uses permitted in LOS: (i) In a LOS exceeding 400 sq. m in area (in one piece),
elevated/underground water reservoirs/tanks, electric sub-stations, pump houses, facility for
treatment of wet waste in situ may be built and shall not utilize more than 10 per cent of the LOS in
which they are located. (ii)In a LOS of 1000 sq. m or more in area (in one piece and in one
place), structures for pavilions, gymnasia, club houses, swimming pools and other structures
for the purpose of sports and recreation activities may be permitted with BUA not exceeding
15 per cent of the total required LOS. The area of the plinth of such a structure shall be restricted
to 10 per cent of the area of the total required LOS in these regulations. The total height of any such
structure, which may be Ground + one storey shall not exceed 8 m. The height may be increased to
13 m to accommodate badminton court/squash court. Where club house is proposed in LOS, then
provision for gymnasium/fitness centre/ yogalaya in club house shall be insisted upon.

Structures for such sports and recreation activities shall conform to the following requirements: -

 The ownership of such structures and other appurtenant users shall vest, by provision in a
deed of conveyance, in all the owners on account of whose cumulative holdings the LOS is
required to be kept as LOS in the layout or sub-division/amalgamation/plot of the land.
 The proposal for construction of such structure should come as a proposal from the
owner/owners/society/societies or federation of societies shall be meant for the beneficial
use of the owner/owners/members of such society/societies/federation of societies.
 Such structures shall not be used for any other purpose, except for recreational activities.
 The remaining area of the LOS shall be kept open to sky and accessible to all members as a
place of recreation.
 The owner/owners/or society or societies or federation of the societies shall submit to the
Commissioner a registered undertaking agreeing to the conditions in (a) to (d) above.
 LOS in a private layout shall be for the exclusive use of the residents of such private layout
only and shall not be subjected to acquisition by MCGM/Appropriate Authority. Further in
such cases area of existing Recreational Open Space shall have to be maintained by residents
of such private layout

(h) Structures/Uses permitted in layout open spaces: “Construction of Solid Waste Management
System as per the National Building Code of India, Part 9 Plumbing Services, Section 1-Water
Supply, Drainage & Sanitation (including Solid Waste Management) paragraph 6 /bio degradable
 waste treatment plant, in the layout LOS, having area 2000 Sq.mt. & above within 10% of the
LOS area.”

(2) LOS in industrial plots/layout of industrial plots in any industrial plot admeasuring
1000 sq. m or more in area, 15 per cent of the total area shall be provided as LOS
subject to
(i.) Such LOS shall have proper means of access and shall be so located that it can be conveniently
utilized by the persons working in the industry;

(ii.) Such LOS shall be kept permanently open to sky and accessible to all the owners and occupants
and trees shall be grown therein at the rate of 5 trees for every 100 sq. m of the said open space or
at the rate of 1 tree for every 100 sq. m in other cases. In between the trees planted along the
boundary of plot, shrubs with grass shall be planted.

Note:
1. The area of LOS shall be calculated on the area excluding the areas under DP road/
setback/ reservations area to be handed over to appropriate authority
2. The minimum 60% of the required LOS shall be provided exclusively on the ground and at least
50% of this shall be provided on mother earth to facilitate the percolation of water and balance 40%
of required LOS may be provided on podium area extending beyond the building line. The LOS on
mother earth shall not be paved and all LOS shall be accessible to all the occupants of the
plot/layout. Rest of the compound pavement other than stated above shall be paved with
perforated paving having adequate strength, in order to facilitate percolation of rain water into the
ground. The entire LOS may be provided on top most podium open to sky subject to condition that
1.5 m. unpaved distance shall be kept for planting of trees and thereafter marginal open space
required as per these Regulations 47(1) for the maneuvering of fire fighting engine (& other
equipments) on site from where light & ventilation is derived shall be provided on two sides. The
area of said 1.5 m. wide strip shall not be counted in required LOS. If LOS is proposed on podium,
then no parking shall be allowed on the same and rain water harvesting shall also be provided on
podium.

3. Recreational Open Space of private layout which is reflected in DP as reservation of POS or

existing POS shall remain as layout open space only and shall not be subjected to acquisition. Further
in such cases area of existing Layout Recreational Open Space shall have to be maintained by the
owner/Co Op Hsg. So/federation etc. as the case may be

33. Additional Floor Space Index (FSI) which may be allowed to

certain categories:
33 (1) Additional FSI to Religious building: The Municipal Commissioner may permit 0.5 FSI in
addition to the Zonal (basic) FSI in respect of buildings of Registered Public Trust subject to following
terms and conditions:

i. NOC shall be obtained from Police Authority and Collector before applying for
permission.
ii. Additional FSI shall be used for religious purpose alone. However, without taking into
account the additional FSI, ancillary residential/commercial uses will be permissible up
to 10% of Zonal (basic) FSI.
 iii. Additional FSI shall be permissible to existing authorized religious user subject to
structural stability.
iv. Additional FSI shall be permissible subject to payment of premium at the rate of 25 % of
ASR of the land (for FSI 1) of the year in which such FSI is granted for the BUA and shall
be equally shared between GoM & MCGM.
v. The minimum area of plot shall be 250 sq. m.

33 (2) Buildings of Medical and Educational Institutions and Other Institutional Buildings covered
under Regulation (2) (IV) (17) (g): - The Municipal Commissioner, by special permission,may permit
up to FSI 5 for medical Institutions and FSI up to 4 for educational & other Institutional buildings
including the Zonal (basic) FSI specified in Table No 12 in respect of buildings on independent plots
of educational/medical institutions and institutional buildings of Govt./MCGM or public authorities
or of registered public charitable trusts or of medical institutions run on cooperative basis
established for charitable purposes and registered under the provisions of Income Tax Act or
Maharashtra Cooperative Societies Act or private medical institutions subject to terms and
conditions he may specify subject to minimum width of 13.40m except educational institutions;

Provided that in the case of additional FSI allowed to the above cited institutions, except institutional
buildings of State Govt. & MCGM, premium for BUA, at the rate of 10% of the land rates as per ASR
(for FSI 1) for educational institutions, at the rate of 15% of the land rates as per ASR (for FSI 1) for
medical institutions, at the rate of 20% of the land rates as per ASR (for FSI 1) for the private
hospitals, medical institutions and at the rate of 30% of the land rates as per ASR (for FSI 1) for other
institutional buildings shall have to be paid, beyond Zonal (basic) FSI. Govt. may from time to time
change the rate of premium. The amount of premium shall be equally shared between Govt. and
MCGM.

Out of the additional FSI beyond Zonal (basic) FSI, 50% may be availed by utilizing TDR (without
payment of premium), provided that the utilization of such TDR will be allowed as per the option of
the owner/developer

(A) Terms and Conditions for Medical Institutions and Institutional Building
(a)Additional BUA beyond Zonal (basic) FSI shall be utilized for bonafide medical purpose only.

(b) 20% of the total beds and free treatment shall be given to EWS/persons below poverty line. In
addition, 10% of the total number of patients in OPD shall be provided treatment at rates charged in
Govt. hospitals. Such facility, proportionate to cited percentages, shall be in separate building/wing,
or if not possible, on separate floor.

(c) The Director of Health Services, GoM shall be the competent authority for observance of (a) & (b)
above, including determination of penalties for breach of conditions.

(d) The Medical Institution shall maintain records of free/concessional medical treatment, furnish
such records periodically and make them available to the Director of Health Services on demand.

(e)The Medical Institution shall file an undertaking to abide by the cited terms and conditions before
allowing utilization of 50% of additional permissible FSI beyond Zonal (basic) FSI.

(B) Terms and Conditions for Educational Institution or Institutional Buildings

(a) Additional BUA beyond Zonal (basic) FSI shall be utilized for bonafide educational purpose only.

(b) Such Institutions shall make available some rooms to Govt as and when required.
(c) 10% of the total seat capacity shall be reserved for Govt nominees on recommendation by the
Department of Education/Higher and Technical Education, GoM.

(d) The Directors of School Education/Higher and Technical Education, GoM shall be the competent
authority for observance of (a),(b) & (c) above, including determination of penalties for breach of
conditions.

(e) The Educational Institution shall maintain records of free/concessional education, furnish such
records periodically and make them available to the Directors of School Education/Higher &
Technical Education, GoM on demand.

(f) The Educational Institution shall file an undertaking to abide by the cited terms and conditions
before allowing utilization of 50% of additional permissible FSI beyond Zonal (basic) FSI.

(C) Terms and Conditions for Buildings of Private Medical & Educational Institutions
(a) Such additional FSI (except the TDR component) will be permissible subject to the payment of
premium as decided by Govt. from time to time, to be shared equally between GoM and MCGM. (b)
Conditions stipulated in (A) & (B) above shall be adhered to.

Note:- (1)The Municipal Commissioner shall intimate the concerned appropriate implementing
authority regarding grant of building permission / occupation certificate to enable such authority to
comply with the aforesaid conditions mentioned in (A), (B) & (C). (2) If the additional FSI as per the
above provisions has availed and subsequently it is found that the built-up space is being used for
non medical/educational /institutional commercial activities / any other activity, not permitted as
per these regulations, a penal action as below will be taken, the payment shall be shared between
the MCGM and the Government in the ratio of 3:1. a) The misuse shall be ascertained by physical
site verification by a team of officers from the MCGM, which has approved the building plans. b) A
per day penalty equal to 0.3% of the prevailing ready reckoner value of the builtup area that has
been found to be used for non medical/educational/institutional activities, shall be imposed. c) The
penalty will be recovered from the date of commencement of unauthorized use till the day non
medical/ educational /institutional activities. After payment of the penalty to the MCGM, which has
sanctioned the building plans of the concerned medical/educational/institutional, the said medical/
educational /institution will restore the use of premises to the original purpose for which LOI/
Registration was granted. If the said medical/educational/institutionl fails to pay penalty and / or
restore the use to its original intended use, the MCGM will take suitable action under the
Maharashtra Regional and Town Planning Act 1966, against the concern. These provisions will be
over and above the penal provisions of the MRTP Act, 1966.

33(3) Buildings of Government/MCGM/Statutory Bodies, SemiGovernment and PSU

Offices:
The Commissioner, by special permission, may permit FSI up to 5 including Zonal (basic) FSI specified
in Table No 12 for office use & other allied purposes except residential use considering the specific
requirement of Govt./MCGM and their Statutory Bodies ,Semi Govt. and PSUs as detailed below:

Provided further that in case of Public Sector Undertaking the premium for FSI beyond Zonal (basic)
FSI shall be payable as decided by Govt. from time to time. Premium shall be applicable for BUA in
lieu of additional FSI at the rate of 50% of ASR of developed land (for FSI 1) or as decided by the
Government from time to time, except for the development by State Government & MCGM.

33(3) (A) Development/Redevelopment for construction of staff quarters of Govt. or its

statutory bodies (including CISF) or MCGM or its statutory bodies, on lands belonging to
such Public Authorities:
1. The Commissioner may permit FSI up to 4 including Zonal (basic) FSI specified in Table No
12on the gross plot area, abutting a road having minimum width of 12 m, solely for the
project of construction of staff quarters (hereinafter referred to as “staff quarters project”)
for the employees of the Govt./MCGM, or their statutory bodies (hereinafter collectively
referred to as “User Authority”) on land belonging to such User Authority,by the Public
Works Department of the GoM or MHADA or Maharashtra Police Housing Corporation or
MCGM or its statutory bodies or any other Agency nominated by the Govt. for this purpose
which would also include any Special Purpose Vehicle, wherein the Govt. or a fully owned
Company of the Govt. holds at least 51% equity share (hereinafter collectively referred to as
“Implementing Public Authority”). Premium shall be applicable for BUA in lieu of additional
FSI at the rate of 50% of ASR of developed land (for FSI 1) or as decided by the Government
from time, except for the development by State Government & MCGM.
2. The total permissible FSI under this Regulation shall be utilized for construction of staff
quarters for the User Authority subject to the following: (i) The area of staff quarters/free
sale component for various categories of employees shall be as per the norms prescribed by
the concerned User Authority. (ii) (a)Commissioner may also permit upto 1/3rd of the total
permissible FSI under this Regulation for construction of free sale area (hereinafter referred
to as “free sale component”) to be disposed of by the Implementing Public Authority to
recover the cost of project implementation as provided herein. The free sale component
shall preferably be constructed in a separate block. Sub-division of plots shall be permissible
on the basis of equitable distribution of FSI, in case construction of free sale component is
permitted by Commissioner. (b) If the User Authority requires construction of staff quarters
to the extent of full permissible FSI of 4.0, then the User Authority shall pay full cost of
construction to the Implementing Public Authority, in lieu of the free sale component. (c)
The flats constructed under the free sale component shall be first offered to the Central
Govt, its statutory bodies, Central/ State PSUs for purchase as staff quarters and if the
Central Govt. or its statutory Bodies or Central/ State PSUs do not indicate willingness to
purchase the same within the prescribed time limit, then such flats shall be sold in open
market.
3. Development cess at 7% of the Land Rate as per ASR (for FSI 1) of the year of approval for
the BUA beyond Zonal (basic) FSI (excluding fungible compensatory area) shall be paid to
MCGM. The Development cess shall be in addition to development charges levied as per
section 124 of MR&TP Act 1966.
4. (i)No premium shall be charged for fungible compensatory area admissible as per DCR 31(3)
for construction of staff quarters of MCGM & State Government. (ii) No premium shall be
payable for stair case, lift and lift lobby for the construction of staff quarters of MCGM &
State Government. (iii) Open space deficiency shall be charged at the rate of 2.5% of the
land rate of ASR (for FSI 1). (iv) Provisions of IH shall not be applicable for development
under this Regulation.
5. For any staff quarters project under this Regulation, a Development Agreement shall be
executed between the User Authority and Implementing Public Authority authorizing the
Implementing Authority to dispose of the flats constructed under the free sale component of
the project wherever applicable
33 (3) (B) Development/Redevelopment for construction of staff quarters of Govt. or
its statutory bodies (including CISF) or Municipal Corporation of Greater Mumbai or
its statutory bodies on private lands

1. The Commissioner may permit construction of staff quarters for the employees of Govt.
/MCGM/their statutory bodies (hereinafter referred to as “User Authority’’) on private plots
of lands, having minimum area of 2000sq.m and abutting a road having minimum width of
12 m and grant incentive FSI, as provided herein below, in lieu of BUA of staff quarters
created and handed over free of cost to the User Authority, subject to payment of premium
at the rate of 50% of ASR of developer land (for FSI 1) or as decided by the Government from
time to time except for the buildings of State Government & MCGM and the following
provisions:
(i) The area of staff quarters for various categories of employees shall be as per the norms
prescribed by the concerned User Authority and in no case, shall the area of Staff Quarters
exceed the maximum limit of carpet area as prescribed therein. (ii) Incentive FSI shall be
admissible against the FSI required for construction of Staff Quarters as per following table: -

(iv)(a) No premium shall be charged for features permitted as per DCR 31 (1) and 31(3), for
the construction of staff quarters to be handed over to MCGM/Appropriate Authority. (b)
Open space deficiency shall be charged at 2.5% of the land rate of ASR (for FSI 1). (c)The
provision of IH shall not be applicable for development under this Regulation. i.
Development cess at 7% of the Land Rate as per ASR (for FSI 1) of the year of approval for
the BUA beyond Zonal (basic) FSI (excluding fungible compensatory area) shall be paid to
MCGM. Development cess shall be in addition to development charges levied as per section
124 of MR&TP Act 1966. ii. Development/redevelopment of a vacant plot belonging to a
private landholder for constructing staff quarters for a user Authority shall be permitted by
the Municipal Commissioner with prior approval of the location and requirement of such
Staff Quarters by the Committee formed for this purpose by GoM. iii. In case of flats
proposed for conservancy staff quarters under this Regulation, a percentage of flats as
decided by GoM shall be available on ownership basis under Shram Saphalya scheme.
33 (10) Redevelopment for Rehabilitation of Slum Dwellers:
1.Eligibility for redevelopment scheme:
(a) A person eligible for redevelopment scheme shall mean a protected occupier as defined in
Chapter IB of Maharashtra Slums Areas (Improvement, Clearance and Redevelopment) Act, 1971 as
amended time to time, hereinafter referred to as Slum Act and orders issued there under.

(b) Subject to the foregoing provisions, only the actual occupants of the hutment shall be held
eligible, and the so-called structure-owner other than the actual occupant if any, even if his name is
shown in the electoral roll for the structure, shall have no right whatsoever to the reconstructed
tenement against that structure.

2.Definition of Slum, Pavement, and Structure of hut:

(i) Slums shall mean those censused, or declared and notified, in the past or hereafter under the
Slum Act. Slum shall also mean area/pavement stretches hereafter notified or deemed to be and
treated as Slum Rehabilitation Areas.

(ii) If any area fulfils the condition laid down in section 4 of the Slum Act, to qualify as slum area and
has been censused or declared and notified shall be deemed to be and treated as Slum
Rehabilitation Areas.

(iii) Slum Rehabilitation area shall also mean any area declared as such by the SRA though preferably
fulfilling conditions laid down in section 4 of the Slum Act, to qualify as slum area and/or required for
implementation of any slum rehabilitation project. Any area where a project under Slum
Rehabilitation Scheme (SRS) has been approved by CEO, SRA shall be a deemed slum rehabilitation
area.

(iv) Any area required or proposed for the purpose of construction of temporary or permanent
transit camps and so approved by the SRA shall also be deemed to be and treated as Slum
Rehabilitation Areas, and projects approved in such areas by the SRA shall be deemed to be Slum
Rehabilitation Projects.

(v) A pavement shall mean any Municipal/Govt. /Semi-Govt. pavement, and shall include any viable
stretch of the pavement as may be considered viable for the purpose of SRS. (

vi)A structure shall mean all the dwelling area of a protected occupier as defined in Chapter I-B of
Slums Act, and orders issued thereunder.

(vii) A composite building shall mean a building comprising both rehab and free-sale components
and part thereof in the same building.

(viii) Censused shall mean those slums located on lands belonging to Govt., any undertaking of
Govt., or MCGM and incorporated in the records of the land-owning authority as having been
censused in 1976, 1980, or 1985 or prior to 1st January, 1995, and 1st Jan 2000.

III Joint ownership with spouse: The reconstructed tenement shall be of the ownership of the
hutment dweller and spouse conjointly, and shall be so entered and be deemed to be so entered in
the records of the cooperative housing society, including the share certificates or all other relevant
documents.
IV Denotification as Slum Rehabilitation Area: SRA on being satisfied that it is necessary so
to do, or when directed by the State Govt, shall denotify the Slum Rehabilitation Area.

V Applicability: The following provisions will apply for redevelopment/construction of

accommodation for hutment/pavementdwellers through owners/developers/co- operative housing
societies of hutment/pavement-dwellers/public authorities such as MHADA, MIDC, MMRDA
etc./Non-Governmental Organizations anywhere within the limits of MCGM. However, NGO should
be registered under the Maharashtra Public Charitable Trusts Act, 1961 and the Societies
Registration Act, 1960 at least for the last five years should also be got approved by SRA.

VI Right of the Hutment Dwellers:

1.1 Hutment-dwellers, in the slum or on the pavement, eligible in accordance with the provisions of
this Regulation shall in exchange of the protected dwelling structure, be given free of cost a
residential tenement having a carpet area of 27.88 sq. m including balcony, bath and water closet,
but excluding common areas. For this purpose of “carpet area” means the net usable floor area
within a tenement excluding that covered by the walls or any other areas specifically exempted from
floor space index computation as per prevailing Regulation.

1.2 Even those protected dwelling structures having residential areas more than 27.88 sq. m will be
eligible only for 27.88 sq. m of carpet area where Carpet area means area of tenements exclusive of
all areas under walls including partition walls if any in the tenement.

1.3 All eligible hutment dwellers taking part in the SRS shall have to be rehabilitated in accordance
with the provisions of this Regulation. It may be in situ and in the same scheme as far as possible.

1.4 Pavement dwellers and hutment dwellers in the slum on land required for vital public purpose or
such location which are otherwise unsuitable for human habitation or non-suitabledue to other
statutory restriction shall not be rehabilitated in- situ but in other available location and in
accordance with these Regulations. Competent Authority appointed by the State Government in
Housing Department shall on the basis of verification of documents as may be prescribed shall
decide on the eligibility of hutment dwellers.

1.5 The eligibility of a person including a transferee, under a scheme of Slum redevelopment shall be
established in accordance with Chapter I B of Slum Act, and orders issued thereunder.

1.6 An individual agreement shall be entered into by the owner/developer/co- operative housing
society/NGO with the eligible hutment-dwellers in the slum/pavement.

1.7 An individual agreement entered into between hutment-dweller and the owner/developer/co-
operative society/ NGO shall be in the joint names of pramukh hutment dweller and spouse for
every protected dwelling

1.8 Hutmentsdwellers in category having a differently abled person or female headed households
shall be given first preference in allotment of tenements. Thereafter lots shall be drawn for
allotment of tenements from the remaining tenements to the other eligible hutment-dwellers
before grant of O.C.to rehab Building.

1.9 Transfer of Photopasses- Since, only the actual occupant at present will be eligible for
redevelopment, there shall be no need to regularize the transfers of photopasses that have occurred
so far. A photopass will be given after the new tenement has been occupied.
1.10 Any person who owns a dwelling unit on ownership basis in MCGM area, shall not be held
eligible under this scheme. Any person who can be held eligible under more than one SRS, shall be
held eligible in only one scheme.

1.11 Premium for ownership and terms of lease-. That part of Government/MCGM/MHADA land on
which the rehabilitation component of the SRS will be constructed shall be leased to the Cooperative
Housing Society of the slum- dwellers on 30 years. Annual lease rent of Rs. 1001 for 4000 per sq. m.
of land or part thereof and lease shall be renewable for a further period of 30 years at a time
simultaneously land under free sale component shall be leased directly to the Society/Association of
the purchasers of the tenement under free sale component. Pending the formation of the
Society/Association of the purchasers in the free sale component with a provision for further
renewal for a period of 30 years at a time. The lease rent for the free 196 DCPR 2034 Original
Notifications shall be referred for perspicuity sale component shall be fixed by SRA. In addition to
above, the Developer/Co-op. Housing Society shall pay premium at the rate of 25% of ASR of the
year of issue of LOI,in respect of SRS proposed to be undertaken on lands owned by Government,
SemiGovernment undertakings and Local Bodies and premium shall go to land owing authority such
as MHADA, MCGM, MMRDA as the case may be as prescribed by the land-owning authority. The
premium installment so recovered shall be remitted to concern land owing authority within 30 days
from the date of recovery. In the case of Govt. land the premium shall be deposited in NivaraNidhi.
The amount of premium shall be recovered in installment as may be prescribed by Govt. from time
to time. Land owning authority such as MCGM, MMRDA, MHADA shall not recover land premium in
any other form. Proposals for SRS on land owned by Central Govt shall not be accepted unless NOC
for the scheme is obtained from Central Govt.

1.12 Automatic cancellation of Vacant Land Tenure and leases- If any land or part of any land on
which slum is located is under vacant land tenure, the said tenure/lease created by MCGM or
Municipal Commissioner shall stand automatically terminated as soon asletter of Intent is issued by
SRA for a SRS, which is a public purpose, on such land is prepared and submitted for approval to the
SRA. Any arrears of dues to be collected by MCGM shall not be linked to the issue of any certificate
or NOC relating to the Slum Rehabilitation Scheme. On sanction of SRS, rights of imla malik,
municipal tenants or any other tenancy shall stand terminated in respect of the sanctioned SRS.

1.13 Recovery of pending dues such as assessment, compensation, occupational charges, non-
agricultural tax/dues etc. pending with public authorities such as State Govt, MHADA, and/or MCGM
shall be dealt with separately and not be linked to grant of approval or building permission to the
slum rehabilitation projects

. 1.14 A Slum Rehabilitation Project shall be considered preferably when submitted through a
proposed or registered co-operative housing society of hutment dwellers on site. The said society
shall include all the eligible hutment on site while submitting the S.R. Scheme and give an
undertaking to that effect to SRA.

1.15 Where 51 percent or more of the eligible hutment-dwellers in a slum and stretch of road or
pavement contiguous to it at one place agree to join a rehabilitation scheme, it may be considered
for approval, subject to submission of irrecoverable written agreements of eligible hutment-dwellers
before LOI. Provided that nothing contained herein shall apply to Slum Rehabilitation Projects
undertaken by the State.Government or Public authority or as the case may be a Govt. Company as
defined in Sec. 617 of the Companies Act 1956 and being owned & controlled by the State
Government
 1.16 In respect of those eligible hutment-dwellers on site who do not join the Project willingly the
following steps shall be taken:

(i)Provision for all of them shall be made in the rehabilitation component of the scheme.

(ii) The details of the tenement that would be given to them by way of allotment by drawing lots for
them on the same basis as for those who have joined the Project, will be communicated to them in
writing by the Managing Committee of the Co- operative Housing Society if it is registered, or the
developer. In case of dispute, decision of the CEO/SRA shall be final and binding on all the parties
concerned.

(iii) The transit tenement that would be allotted to them or rent payable would also be indicated
along with those who have joined the Project.

(iv) If they do not join the scheme within 15 days after the approval has been given to the Slum
Rehabilitation Project on that site, then action under the relevant provision including sections 33,
33(A) and 38 of the Slum Act, as amended from time to time, shall be taken and their hutments will
be removed, and it shall be ensured that no obstruction is caused to the scheme of the majority of
persons who have joined the scheme willingly.

(v)After this action under the foregoing clause is initiated, they will not be eligible for transit
tenement along with the others, and they will not be eligible for the reconstructed tenement by lots,
but they will still be entitled only to what is available after others have chosen which may be on the
same or some other site.

(vi) If they do not join till the building permission to the Project is given, they will completely lose the
right to any built-up tenement, and their tenement shall be taken over by the SRA, and used for the
purpose of accommodating pavement-dwellers and other slum dwellers who cannot be
accommodated in-situ etc.

1.17 The Managing Committee of the proposed as well as registered Cooperative housing society of
hutment dwellers shall have women to the extent of one-third of the total strength of actual
members on the committee at any time.

1.18 Restriction on Transfer of Tenements; the tenement obtained under this scheme cannot be
sold/leased/assigned or transferred (except to legal heir) in any manner for a period of ten years
from the date of allotment/possession of the tenement. In case of breach of conditions,

VII. Building Permission for Slum Rehabilitation Project:

2.1 The proposal for each Slum Rehabilitation Project shall be submitted to the SRA with all the
necessary documents, no-objection certificates, and the plans as may be decided by the SRA from
time to time.

2.2 Approval to the Project shall be given by the SRA within a period of 60 days from the date of
submission of all relevant documents. In the event of failure by SRA to do so, the said approval shall
be deemed to have been given, provided the Project is in accordance with the provisions of these
Regulations.

2.3 The SRA while giving the approval may lay down terms and conditions as may be necessary.

2.4 The SRA shall adopt the procedure laid down in the MR & TP Act, 1966 for giving building
permission to any Slum Rehabilitation Project under this Scheme.
2.5 On compliance with the terms and conditions, the building permission shall be given, in
accordance with the provisions under section 45 of the MR & TP Act, 1966 to the Project under the
SRS, first to the Rehabilitation component and thereafter to the free-sale component subject to the
provisions in clause below.

2.6 Correlation between Rehabilitation and free-sale components: Building permission, for 10
percent of BUA of both the rehab and freesale components may be given simultaneously and
thereafter proportionately or as may be decided by the CEO, SRA.

2.7 Where the Project is being implemented directly by an NGO approved by SRA, CEO (SRA) may
sanction 20 percent of the free-sale component without waiting for any expenditure on the
rehabilitation component. The approval for remaining part of free-sale component will be given only
after at least 30 percent of rehabilitation component is completed on site.

2.8 As soon as the approval is given to the Project, the NOC for building permission of the
landowning authority shall be given in respect of that slum located on lands belongingto any
department, undertaking, agency of the State Govt. including MHADA, or any local self-Government
such as the MCGM within 60 days after the intimation of such approval to the Project is
communicated. In the event of its refusal to grant NOC, reasons thereof shall be stated and in the
event of its not being given within the period, it shallbe deemed to have been given’. 199 DCPR 2034
Original Notifications shall be referred for perspicuity

2.9 Occupation certificate shall not be held up only for want of lease documents to be executed, in
all slum rehabilitation projects taken up on lands belonging to any department, undertaking, agency
of the State Govt., including MHADA, and any local self-Government such as the MCGM. VIII.
Rehabilitation and Free-Sale Component:

3.1 FSI for rehabilitation of eligible slum/pavement-dwellers includes the FSI for the rehab
component, and for the free-sale component. The ratio between the two components shall be as
laid down herein below.

3.2 BUA for rehabilitation component shall mean total construction area of rehabilitation
component, excluding what is set down in 31 (1) of D. C. Regulations, but including areas under
passages,aaganwadi, health centre / outpost, community hall /gymnasium / fitness centre, skill
development centre, women entrepreneurship centre, yuvakendra/ library, Balwadi/s society office,
religious structuresas permitted under Government Home Department Resolution dt. 05/05/2011
and 18/11/2015, other social infrastructure like School, Dispensary, Gymnasium run by Public
Authority or Charitable Trust, 5 percent incentive commercial areas for the Co-operative society, and
the further 5 percent incentive commercial area for the NGO, Govt./Public Authority/Govt. Company
wherever eligible.

The incentive BUA shall depend on size of the scheme and rate of developed land and rate of
construction as per ASR of year in which LOI is sanctioned.