DCPR 33(7) :- Reconstruction or Redevelopment

of cessed buildings in island city by CHS or old

buildings belonging to corporation –EP 79

Part VI – Add. Floor space index – DCPR 2034

PEATA(I) PRESENTATION
 REVISED PROVISION
1) Redevelopment / reconstruction to be under taken by Same or Different landlords or Co
op - Societies of land lord and CHS ( Existing and proposed )

2) Decessed building prior to 30.09.1969, which were earlier A category cessed building
and were attracting the provision of MHAD act 1976

3) All eligible tenants cessed and non cessed existing in buildings prior to 30.09.1969 to
be certified by MBRRB ( tenancy as per 13.06.1996 or as decided by GOM from time to
time)

4) Min capet area to rehab 300 sqft and max as per existing area , however incentive will
be given over 70 sq.m 120 sq.m

5) Consent 70% , 51% , 20% can be used as NR otherwise permissible in DCPR ( see table
no B, DCPR 34 (3.1)

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)

PEATA(I) PRESENTATION
 REVISED PROVISION
6) FSI – EP 79 ( at end of regulation )

Sr.no No of FSI Add .Benefit to Overall Note : In Cases with

plots tenant impact on FSI 3.00 , marginal
sale difference in
Mhada Surplus is
1 Single 3.00 or 50% NIL effected , infact
incentive where Existing FSI
2 2-5 plots 3.00 or 60% Additional 5% to 62.5% sale 1.5, than sale area
incentive tenants /rehab reduced
3 More than 3.00 or 70% Additional 10% 77.00%
5 plots incentive to tenants sale
/rehab

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)

PEATA(I) PRESENTATION
 REVISED PROVISION
7) No premium for Fungible compensatory area in respect to MHADA
certified surplus area shall be handed over to MHADA if availed .
Also Surplus can be handed over in same or adjoining ward equivalent
to market value as per ASR

8) Premium on OSD to increase earlier was 10% of Normal premium now increased to 25%
of normal premium i.e. 6.25% .

9) Add development cess equivalent to 100% Dev. Charge on BUA ( excluding Fungible
Area ) or Rs 5000 per sq.m whichever is more for BUA over an above the Zonal FSI
Existing Area.

10) DCR 14 – additional Amenity to the extent of 5% for plot area from 4000- 10000sq.m
and 10% for plot area larger than 10000sq.m as POS ( no exception to 33(7)/9/10 as in
case of IH) earlier same was for plot above 2HA so had no effect , however same can
be adjusted against other reservation ( excluding DP roads )

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)

PEATA(I) PRESENTATION
 REVISED PROVISION
11) Relaxation and other building requirement for REHAB shall be on par with 33(10) sub
reg 6 , except clause 6.11 (8% LOS ) , 6.15 (2.5% premium ) , 6.16 and 6.18 ( scooter parking
, however 6.14 applicable – so sale component of composite building will have to pay
staircase lift premium, however benefit of 6.6 – 2.0m passage to be allowed in rehab free
of FSI

No benefit now to SALE BUILDING IN COMPOSITE SCHEMES ALSO

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)

PEATA(I) PRESENTATION
 REVISED PROVISION
12) Reservation DCR 17(3) B – EP – 35 – NOTWITHSTANDING anything contained in the
regulation for reserved plots other than municipal ands , in case of land component of
cessed structures is as per zonal FSI , the reservation shall be DEEMED TO DELETED and
area beyond as per 17(1) under AR policy .

NO ADD BUA BENEFIT FOR CONSTRUCTION BUILDABLE RESERVATION UNDER AR

POLICY IF UNDER 33(7) since FSI 3.00 is granted for entire GROSS PLOT ( For land
component benefit of 25% non cess to be considered towards eligible towards FSI as
per DCPR 33(7).

And no add benefit for set back handed over

13) DCR 19 ( EP- 43) 9.0m road is deemed to be adequate for any height of building in
33(7)

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)

PEATA(I) PRESENTATION
 REVISED PROVISION
Provision for Municipal Lands

14) In case of Municipal land , add incentive ( more than 2 plots -60% or 6 plots 70% ) will
be permissible if scheme undertaken by different societies on different plots

15) Further in case of eligible tenant more than 600 in numbers, GOVT. MAY CONSIDER
HIGHER INCENTIVE FSI ( no relation to density and Govt to decided case to case
leading to delay in Approvals )

16) FSI Sharing : In case of Municipal lands , building of corporation prior to 1969, FSI of
3.00 , with additional BUA beyond existing Rehab area + incentive there on to be shared
by MCGM 1.00 : developer 0.5 ( i.e 33% share to developer and 67% to be constructed
and given to MCGM ) …… this will STALL municipal redevelopment in toto similar
to 33(5) from 2013 to 2017 ( no Capitalized Value as there is sharing ) –similar mistake
made in 33(5) from 2013 to 2017 all scheme will come on stand still

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)

PEATA(I) PRESENTATION
 REVISED PROVISION
17) In case of Municipal land , in case of slum component co exist with municipal tenanted
property, and they do not constitute 50% of PLOT AREA, MCGM will be the planning
authority ( subject to tenancy as per section 4 of slum act and 01.01.2000 ).

18) In municipal land reconstruction , with MH reservation , add 25% BUA of zonal FSI to
be handed over to MCGM and developer shall be entitled for add BUA in lieu of cost
of construction as per 17(1) ( 1.25 x Lr/CR x BUA constructed ).

19) For Municipal lands with non buildable reservation 33% 30% to be left for reservation
and rest 67% 70% to be used for development as per DCR 17(3)(b)(4)(ii)
Benefit in case of other plots where land component is equal to zonal FSI and
reservation stands deleted is not given to MCGM owned plots ??

20) For Parking lot reservation on Municipal lands , 100% 125% BUA as per zonal FSI to be
handed over as per DCR 17(3)(b)(4)(iv) and for other buildable reservation 25% BUA of
area of plot under reservation . For other privately plots either deleted as per zonal or
excess land as per 17(1)

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)

PEATA(I) PRESENTATION
 REVISED PROVISION
21) Contravening structures can be included in redevelopment schemes as per DCR 33(12)
– FSI upto 4.00 in T.P. Schemes .

22) MHCC – for plot in Grade III and precint – Special permission of MC required for Height
beyond 32mts , however before demolition of a prescint building complete
documentation of façade elevation , material to be submitted and cognizance of same can
be taken while finalizing external appearance , in consonance with prescint 13)
Contravening structures can be included in redevelopment schemes as per DCR 33(12) –
FSI upto 4.00 in T.P. Schemes .

23) Open space min requirement 3.0m all around , DCPR 41, Clause 5 for building upto
32m min open space all around is 3.0m ( which was earlier 1.5 for buildings up to 24mts )

clarity in concession in this regard to be reduced upto 1.5m ??

In case 3.0m insisted , buildings will have to be planned more vertically and slenderness
ratio will increase leading to more cases approval from HRC

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)

PEATA(I) PRESENTATION
 REVISED PROVISION
Parking requirement has been changed
One parking space for every.
a) 8 tenements having carpet area up to 45 sq. m each
b) 4 tenements with carpet area exceeding 45 sq. m but not exceeding 60 sq. m
each
c) 2 tenements with carpet area exceeding 60 sq. m but not exceeding 90 sq. m
each.
d) 1 tenement with carpet area exceeding 90 sq. m In addition to the parking spaces
specified in (a), (b), (c) & (d) above + 25% visitor

Further at the option of owner , sale wing in independent building or non composite
building - can be calculated as per regular parking requirement ( MAY be allowed as per
regular development )

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)

PEATA(I) PRESENTATION
 DCPR 33(7)A :- Reconstruction or Redevelopment
of dilapidated /unsafe building of tenanted
non cessed buildings in city and suburbs

Part VI – Add. Floor space index – DCPR 2034

PEATA(I) PRESENTATION
 REVISED PROVISION

• FSI – existing + 50% incentive ( at no cost for FSI ) and if rehab + incentive is less than
that permissible as per DCR 30 , than balance FSI can be availed as per DCR 30 - Table 12
– add. FSI ( at premium ) and TDR ( open market )
• Consent – 51% , tenancy as per 13/06/1996 , ( Govt to issue comprehensive guidelines
for determination of eligibility of occupiers / tenants thereon. )
• List of tenants to be certified by MCGM along with existing area certification ( ward or
building proposal – unclear –policy needs to be formulated soon )
• Min 300sqft and max rehab areas as per actual , but incentive will be considered over
753sqft or 70 sq.m ( modification of 33(7) of 120 sq.m is not updated in 33(7)A )

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)A

PEATA(I) PRESENTATION
 REVISED PROVISION

• Development cess of 5000 per sqm applicable for add BUA permissible over and above
DCR 30 , table 12 , and enhanced 10% every 3 years .
• Time Frame – added in DCR to start work within one year from date of demolition and
complete within 5 years from there on .( No mention if not completed in 5 years , Does
RERA cover same )
• Corpus to be provided to take care of maintenance of building for 10 years .
• Fungible for existing without premium.
• 20% of incentive FSI can be used for NR or as permissible in DCPR , Transit camps
permissible as per Dcr 33(10)
• EP -80 – if rehab + incentive is less than permissible FSI in table 30, the owner can opt to
avail add. FSI /TDR as permissible in DCR 30

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)A

PEATA(I) PRESENTATION
 DCPR 33(7)B :- Add. FSI for redevelopment of
exiting housing society excluding cessed
buildings

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)B

PEATA(I) PRESENTATION
 REVISED PROVISION

• NO requirement of building being DILAPIDATED – but min age 30 years

• BUA to the extent of 15% of Existing BUA or 10 sq.m per tenement permissible
without premium , balance can be availed by premium or TDR as permissible in
DCR 30
• Staircase lift , lift lobby Free for existing component without premium - incase of
earlier premium paid for existing component .
• This incentive additional BUA shall be independent of additional BUA as permissible
under Regulation No 14(A), 15, 16 and 17.

• Fungible for existing BUA permissible without charging premium

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(7)B

PEATA(I) PRESENTATION
 DCPR 33(9) :- Reconstruction or Redevelopment
of Cluster(s) of buildings under Cluster
Redevelopment Scheme (CDS).

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(9)

PEATA(I) PRESENTATION
 REVISED PROVISION

1) It is made applicable in Mumbai Suburbs & extended suburbs for cluster

of buildings over a minimum area of 10000 sq. m.

2) The requirement of access to CDS by existing or proposed D.P. road of

width 12m 18m.

3) Identified clusters for urban renewal can be as under D.P., where DP

contains such well defined cluster.

4) Impact Assessment study regarding impact on city and sector level

infrastructure is essential.

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(9)

PEATA(I) PRESENTATION
 REVISED PROVISION
5) Various C. S. Nos. in proposed CDS shall be treated as natural
amalgamation for which no separate approval of amalgamation would be
necessary.

6) Boundaries of CDS as per approved Layout and as confirmed by City

Survey Officer shall be adopted for planning purposes.

7) Where ever necessary, the area may be further subdivided to earmark

sectors for planning purpose, handing over of reservations, amenities,
realignment of roads etc.

8) In case of land of different tenures, single PRC shall not be insisted,

however, necessary entries about CDS shall be made in respective
PRCS.

(EP84)

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(9)

PEATA(I) PRESENTATION
 RETAINED PROVISION
9) Authorised building at least 30 years of age is eligible for redevelopment.
10) Declared slums existing prior to 01-01-2000 can be included in the CDS up to
50% area of Cluster.
11) Datum line for eligibility of tenancy /occupancy is 13/06/1996. or as decided
by govt from time to time

12) Land belonging to public authority can be included in CDS with clearance from
Empower Committee headed by Chief Secretary, Government of Maharashtra.
Subject to approval by such authority ( exchange of land as per ASR )

13) The permissible FSI is 4.00 on gross plot area, excluding

reservations/designations but including BUA under reservations/designations
or area required for rehabilitation plus incentive which ever is more.

14) Additional entitlement as incentive for forming bigger size cluster is provided
for residential tenants, however, it is permissible for scheme with maximum FSI
4.00.

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(9)

PEATA(I) PRESENTATION
 REVISED PROVISION

15) Consents Requirements :- Not less than 51% of each building or 70%
overall of the scheme of the eligible tenants / occupiers of all authorized
buildings on plot involved in CDS.
(EP 85)

16) MHADA share of Balance FSI can also be provided elsewhere within the
same or adjoining ward.

17) Development of reservation :- No change.

Except for CDS for redevelopment of MCGM old buildings where plot
having no reservation or Municipal housing (MH) designation, BUA equal
to 30% of zonal basic FSI to be handed over to MCGM free of cost in
the form of tenements for which construction TDR will be given to
developer /society.

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(9)

PEATA(I) PRESENTATION
 Height Of Bldg. Side & Rear Open Spaces
DCR 1991 DCPR 2034
Upto 32M. 1.50 M. 3.00 M
More than 32M. 6.00 M. 6.00 M.
Upto 70M.
More than 70M. 6.00 M. 9.00 M.
Upto 120M.
More than 120M. 6.00 M. 12.00 M.

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(9)

PEATA(I) PRESENTATION
 REVISED PROVISION

18) Municipal commissioner may relax open space requirement except

front open space in sale component subject to CFO requirement and
payment of premium at 2.5% of ASR.

19) The scheme can be implemented in phases. Min phase 4000 sq.m

20) Ongoing Scheme under 33(7) of DCR 1991 can be converted into CDS
under this regulation 33(9) of DCPR 2034.

21) Ongoing Cluster redevelopment schemes for which LOI has been issued
under regulation 33(9) of DCR 1991 can be converted as per this regulation
with prior approval of Government. (EP-87)

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(9)

PEATA(I) PRESENTATION
 RETAINED PROVISION
22) Development cess at the rate of 100% of development charge, subject to
minimum of Rs. 5000/- for BUA over & above existing BUA (excluding
fungible compensatory area).

23) It will not be applicable to BUA to be handed over to MCGM or any public
authority.

24) High Rise building permissible as per Regulation 19, whereby for
height of the building will be permissible as per road width.

25) For building with height more than 120 m road width required is 18 m.

26) An amount of minimum Rs. 50000/- per tenement or as directed by HPC

shall be created by developer as a corpus fund.

Part VI – Add. Floor space index – DCPR 2034 DCPR 33(9)

PEATA(I) PRESENTATION
 THANK YOU

Part VI – Add. Floor space index – DCPR 2034

PEATA(I) PRESENTATION