MODIFIED DCPR 2034 NOTIFICATION VIDE 37(1AA)(C) DATED 08.07.

2021

FUTURE OF REDEVELOPMENT WITH 33(9) CLUSTER DEVELOPMENT

Milind Changani
Co-Founder & Partner
CY Corp LLP.

Date : 05.07.2023

15.07.2021 MODIFIED DCPR 2034 – REG 33(7) & 33(9) AS ON 08.07.2021

 33(9) MODIFICATION APPROVED AS ON 08.07.2021 - applicable till date

33(9) 1.1 Min Criteria

-since 08.07.2021-applicable for all Non CRZ areas
- in addition to above , further if Plot in city 4000 sq.m and suburb 6000 sq.m and
Commissioner may consider allowing CDS on a plot having access from existing 12.0 mt.
road, depending on availability of 18.30 m. arterial road within the vicinity of 500m. from
the Scheme. If in CRZ min 18.3m road must

Process of approval : To submit file in building proposal to Dy Ch Eng (Bp) with proposed
planning , EIA and TIA report , consent copies -51% individual blg -60% scheme, Title
search , ownership 70% , reservation – user department NOC , if estate – estate NOC
formal /LOI
Process – 5 basic steps . Time 3 -4 months approx. – subject to GOM approval on time
1) MC approval with points for HPC
2) Agenda approval for HPC – MC approval , Agenda Circulation and meeting HPC
3) Minutes approval of HPC by MC
4) UD note approval by MC
5) on receipt of approval by Govt.( upto CM, GOM) issue of LOI by Director (ES& P)

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 33(9) MODIFICATION APPROVED UNDER 37(1)(AA)(C) AS ON 08.07.2021 till date

33(9) 1.2

Earlier – (ii) (a) AUTHORISED Buildings at least 30 years of age and acquired by MHADA
under MHAD Act, 1976.

Now proposed (ii) (a) Buildings at least 30 years of age and acquired / reconstructed by
MHADA under MHAD Act, 1976.
Provided further that HPC / Municipal Commissioner may consider buildings
reconstructed by MHADA having age less than 30 years on specific recommendation by
MHADA. Buildings of central Govt. , State Govt., Semi Govt , MCGM, Institutional ,
office more than 30 years old

Slum not more than 50% and other buildings due to disrepair /Dangerous / unsafe
certified by MHADA/MCGM
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 33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date

33(9) 2A.iii
Earlier Mezzanine allowed if constructed prior to 13/06/1996 and regularized
subsequently shall be allowed for rehab and incentive

Now proposed : OR assessed by MCGM and reflected in Inspection Extract year 1995-
1996 shall be eligible for rehabilitation and incentive FSI. Provided that necessary
charges for regularization of mezzanine floor shall be recovered and necessary condition
to that effect shall be incorporated in IOD.

33(9)(3) –Land pooling for CDS

if such user public Authority gives consent /permission, in terms of compensation in any
form, then decision on such proposals be taken by the Municipal Commissioner and such
proposals need not be referred to the empower Committee. Otherwise any of the
following method of land pulling may be resorted:

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 33(9) MODIFICATION APPROVED AS ON 08.07.2021 applicable upto date

33(9) 4a- consent can be notarised

earlier was required to be registered -
51 percent of each buildings or 60
percent overall of the scheme
involved in the CDS

33(9)(5)a – Min area to residential

tenement increased from 27.88 sq.m to
35 sq.m minimum in cluster
development for for NR – remains
same as per existing
In addition to above add area to
rehab asper Table A - tenants to
benefit if come together for cluster
development
Earlier provision - But
applicable in CRZ
areas
Existing or 20.90 sq.m
Now proposed in non CRZ
whichever is less in Existing or 20.90 sq.m whichever is
case of non-residential. more in case of non-residential. But
less only considered by BMC

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 33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date

33(9) 6b- Incentive

Earlier- applicable in CRZ Now proposed for non CRZ areas

Again
increased
is 30% not
double

Needed as
in last 15
years only
5/6
schemes
approved

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 33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date

33(9)(9)[-30% of the incentive FSI can be used for nonresidential purposes as otherwise
permissible under the DCPR. or 50% with the approval of Municipal Commissioner.

Additional if required can be approved by HPC and MC special sanction and GOM
approval as per HPC recommendation .

33(9) 13.4
CD plot abuts a DP Road having width of 18.3 m and above. The front marginal open
space shall not be insisted upon beyond 3.0 m provided such road is not an Express
Highway or a road wider than 52 m.

However, with the condition that for the CDS fronting 12.00 mtr wide road, the Front Open
Space (FOS) will be 4.50 mtr in City and Suburbs. HPC can condone side open space
except Front open space for that GOM approval required

LOS required 10% + additional 10% under 33(9) -13.11 required - it can be adjusted
against DP reservation/Land component – built up amenity to be handed over to BMC –
HPC order required –MOEF implication now required entire to be on mother earth
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 33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date

33(9)(13.8)

33(9) 12 _non confirming activities

All activities which are existing shall be allowed to be re accommodated regardless

of the non confirming nature of such activities except those which are hazardous
and high polluting – to be provided elsewhere by promoter /Developer /MCGM

Corpus as per DCPR – 33(9) 13.16 – 50,000/- or as decided by HPC

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 33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date

Note : Augmentation of CDS is not permitted if 75% CC issued of total permissible BUA and NEW CDS
added to be not less 75% os min area required for CDS i.e. 3000 sq.m in city and min 4500 sq.m in
suburb – this is after issue of LOI . However deletion of any area permissible

Temporary transit allowed in same CDS or elsewhere in MCGM upto FSI 4.00 and 75% FSI restricted
till then

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 33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date

Proposed modification awaited – to not insist HRC upto 250 m as per notice issued by UD on
13.06.2022 under 37(1)AA of MRTP act
Note : CDS in phases is allowed provided if CDS is 8000 sqm in city and 12000 sq.m in suburb with
pro rata utilization of FSI of total permissible FSI and each phase to be 4000 sq.m in city and 6000
sq.m in Suburb and incentive will be as per area of plot in each phase in table A not TOTAL
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 33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date

• GOM has proposed 50% reduction in

Fungible and development cess for a
period of one year to promote cluster
development

• And for other charges of BMC , Hon MC

to decide and take appropriate
measures

• BMC will have to follow process of ICR

/CR for reduction in OSD / staircase
permiums

• No reduction in charges

15.07.2021 12
A sincere request to all my colleagues to
promote sustainable and Green
development no matter, whether
mandated or not in regulation to
improve quality of life and development
and gain trust and respect

Thank you …..

15.07.2021 MODIFIED DCPR 2034 – REG 33(7) & 33(9) AS ON 08.07.2021 13
 Part-VI
Additional Floor Space Index (FSI).
DCPR 2034 – REG 33(12)
By – Milind Changani
Co-Founder & Partner
CY Corp LLP.
 REGULATION NO XXXIII

DEVELOPMENT CONTROL & PROMOTIONAL REGULATIONS FOR GREATER MUMBAI 2034.

DCPR 33(12) (A)… no major restriction

Notes: For the purpose of this Regulations the contravening structures shall mean:

I. Structure situated outside the original plot but included fully or partly within the final plot allotted to a person
in the TP Scheme.

ii. Structures which are partly included in the final plot allotted to a person and partly included in the roads sites
reserved for public purpose/adjoining final plot.

iii. Structures which are included in the TP Scheme area but situated outside the final plot allotted to a person
and are affected by sites reserved for public purpose, provided the Planning Authority has no objection for
rehabilitation of such structures.

iv. However, structures included in the common area comprising of original plots and final plots shall not be
treated as contravening structures.

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 REGULATION NO XXXIII

DEVELOPMENT CONTROL & PROMOTIONAL REGULATIONS FOR GREATER MUMBAI 2034.

DCPR 33(12) (B)

(B) Removal and re-accommodation of tolerated /protected structures falling in the alignment of road. (FSI of
4.00 on net plot ) – only with 33(7) – FSI 3.00 on gross and FSI 1.00 on net

In a scheme where removal of tolerated/protected structures falling in the alignment of existing road or widening
of existing road for which road line has been prescribed or DP Road and re-accommodation of these
tolerated/protected structures in the same administrative ward has been proposed for the expeditious removal of
bottlenecks, the FSI may be allowed to be exceeded above the permissible FSI

What are tolerated structures ??

33(12)b(a)
The tolerated residential structures shall be existing since prior to17.04.1964 and non-residential structure shall
be existing since prior to 01.04.1962 falling in the alignment of existing road or widening of existing road for
which road line has been prescribed or DP Road.

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 REGULATION NO XXXIII

DEVELOPMENT CONTROL & PROMOTIONAL REGULATIONS FOR GREATER MUMBAI 2034.

DCPR 33(12) – certification Combination scheme 33(12) B with any other than 33(7) Combination scheme 33(12) B with 33(7)

to follow circular no 30 of Sr.no Description

1 Plot
Area in sq.m
1000
Sr.no Description
1 Plot
Area in sq.m
1000

BMC dated 20.06.2023 2 Set abck 100 2 Set abck 100

3 Balance plot 900 3 Balance plot 900

FSI from Reg 30 - Say 2.4 as

(B) Removal and re- 4 per road width 2160 4 FSI from Reg 33(7) 3.00 +5% 3000
accommodation of tolerated Set back over and above say 2 Set back over and above say 2
/protected structures falling in 5 times - upto 25% 200 5 times NA
the alignment of road. (FSI of
FSI max permissible with upto 4.00 max FSI max permissible with 33(12) -
4.00 on net plot ) and with 6 33(12) - 4 on net plot on net 6 1 on net plot 1
33(7) – FSI 3.00 on Gross and FSI
one on net as per GR dated 7 Balance from 33(12) 1240 7 Balance from 33(12) 900

13.04.2022 Total permissible with Total permissible with

8 combination 3600 8 combination 3900

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 DEVELOPMENT CONTROL & PROMOTIONAL REGULATIONS FOR GREATER MUMBAI 2034.

Who will certify …

33(12)(b)(h) The existence of the structure on site, carpet area of the structures and occupancy of the eligible
occupants in case of non-cess structures shall be certified as detailed above by the Assistant Commissioner of
respective ward and by MHADA in case of cessed structures.

What are protected structures ??

33(12)(b)(o)
The protected structures falling in the alignment of Road/DP road as notified by government from time to time
and as certified by competent authority..- ward to fix 3 priority roads not random and in sequence and make
annexure II online as per 20.06.2023 – circular no 30

33(12)(b)(n) : The fungible compensatory areas shall be permissible for rehab without charging premium and to
the incentive BUA by charging premium.

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 REGULATION NO XXXIII

DEVELOPMENT CONTROL & PROMOTIONAL REGULATIONS FOR GREATER MUMBAI 2034.

What is the carpet area definition for PAP component when combined with 33(7)

for 33(7) carpet area “For purpose of rehabilitation existing "Carpet area"/rehabilitation “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 then/prevailing Regulation but including the areas of balcony if allowed free of FSI as per
then Regulation.”

For 33(12) above not specified so it will be as per DCPR Reg 2(22) "Carpet area" would have the same meaning as defined
in Real Estate (Regulation and Development) Act, 2016. ”

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 Area Analysis -33(12)

Sr.no Description Area in sq.mts Sr.no Description Area in sq.mts

1 Plot area 500.00 1 Plot area 500.00

2 Set Back 0.00 2 Set Back 50.00

3 Net plot 500.00 3 Net plot 450.00

Left side
table is
4 FSI from 33(12) 4.00 2000.00 4 FSI from 33(12) 4.00 1800.00 Right side
sample table is
5 FSI from 33(7) - assumed 3.06on Gross plot 1530.00 5 FSI from 33(7) - assumed 3.06on Gross plot 1530.00

working sample
for plots 6 FSI from 33(12) 470.00 6 FSI from 33(12) 270.00 working
with no 7 FSI for Rehab -67% approx 314.90 7 FSI for Rehab -67% approx 180.90
for plots
Set back with
8 FSI per tenement - 27.88 x 1.2 33.46 8 FSI per tenement - 27.88 x 1.2 33.46
Set back
9 Number of tenement permissible 9.41 9 Number of tenement permissible 5.41

10 Actual rehab as per above for 9 tenement = 9 x 33.45 301.05 10 Actual rehab as per above for 9 tenement = 5 x 33.45 167.25

11 Sale from 33(12) -50% of above 150.53 11 Sale from 33(12) -50% of above 83.63

Total from 33(12) possible to be permissible Total from 33(12) possible to be permissible without
12 without Fungible 451.58 12 Fungible 250.88

13 Fungible - rehab Free and sale by charging premium 158.05 13 Fungible - rehab Free and sale by charging premium 87.81

14 Total FSI with Fungible from 33(12) 609.63 14 Total FSI with Fungible from33(12) 338.68

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Sr.no Description Cost inRs

1 no of PAP assumed so FSI for rehab 33.45

2 FSI for sale 16.73

3 Total FSI 50.18

4 Fungible
Rehab Free 11.71
Sale by premium 5.85

5 Total FSI with Fungible 67.74 10 RERA carpet from Sale approx 225.03
11 Cost per sqft 28420.17
6 Construciton Area approx 60% loading 108.38 12 Cost without estate OTP 23161

7 ASR assumed 102800.00 Assume Cost of PAP assuming cess structures with
13 TOT 7,500,000.00
8 Cost Analysis
a Premium 14 Total Cost 13,895,528.40
Scrutiny Fee 86/- on construciton Area 9320.51
IOD desosit 1/- per sqft on BUA 729.11
Development Charge BUA x ASR x 4% 278531.46 15 Total RERA carpet of rehabPAP + Sale approx 62.71875
OSD -BUA x ASR x 25% 580273.88
Staircase lift premium 30% on BUA x RR x 25% 522246.49 16 Cost per sqft of (g) above 20582.77767
EWC /SC -580/-Per sq.m on Construction Area 62859.24
Fire capitation Fee 59/- on construciton Area 6394.30
HE NOC =-19/- on Construciotn Area 2059.18
Estate OTP - assumed -POLICY PENDING SALE
BUA x ASR x 50% for BUA and 5% for Sale
Fungible 1183371.86
Others 250000.00
Total of A 2895786.02
b Construction cost 3000/- per sqft 3499742.38
9 Total Cost of one PAP and sale with Fungible 6395528.40

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 REGULATION NO XXXIII

DEVELOPMENT CONTROL & PROMOTIONAL REGULATIONS FOR GREATER MUMBAI 2034.

Can This Scheme be done in combination with other schemes like Society redevelopment 33(7)B, 33(7)A, with Reg 30
Vacant plot etc

Read : PART V- FLOOR SPACE INDEX , 30. Floor Space Indices & Floor space / Built-Up Area (BUA)computation,
Tenement Density and Protected Development

12 The Development of plots under combination of various regulations

shall be permissible, but the maximum permissible FSI on plot shall not exceed the
permissible FSI limit prescribed in respective regulations. So in 33(12)B- FSI 4.00 max on
net plot

and only in case of 33(7) – FSI 3.0 on gross plot and FSI 1 on net plot

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New Procedure for certification of 33(12)B – PAP .

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New Procedure for certification of 33(12)B – PAP .

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New Procedure for certification of 33(12)B – PAP .

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 REGULATION NO XXXIII

DEVELOPMENT CONTROL & PROMOTIONAL REGULATIONS FOR GREATER MUMBAI 2034.

Can we give larger flats to PAP based on lower floor planning ??

Operative DCPR 2034 – (Post Sanction of E.Ps & Corrigendum

dated 12.11.2018) 26
Add Benefit when done with 33(7) – 33(12) -13.04.2022

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 THANK YOU…

Exploring DCPR – 2034 – BDA – Milind Changani 28