Floor Space Indices

The text pertains to regulations regarding FSI (Floor Space Index) and TDR (Transfer of Development Rights) in the context of the development of plots in suburban and extended suburban areas of Mumbai.

Widening of roads from the minimum 6m to 9m and the change in TDR ratio are subject to government regulations.

Permissible FSI is based on the plot area excluding certain areas, and TDR can be utilized as FSI (within limits) on the remainder plot.

TDR can be used for the cost of constructing amenities, or for unconsumed FSI due to planning constraints.

FSI is calculated on the gross plot area including certain reservations and amenities, and the BUA (Built Up Area) so arrived can be consumed on the balance plot.

Premium is charged for additional FSI on a payment basis, and is shared between the State Government, MCGM, MSRDC, and Dharavi Authority.

A development cess is payable for the BUA above the basic FSI, and is used for the implementation of development plans.

The owner must give advance possession of the land to be handed over to MCGM/MHADA/Appropriate Authority, and must clear all encumbrances and transfer the land to their name.

The plot must be handed over to MCGM/MHADA/Appropriate Authority within twenty-four months of approval of building plans/layout approval.

The FSI of the handed-over plot can only be utilized on the remainder plot after the handover or before availing the zonal (basic) FSI beyond 75% of the plot area or granting Occupation Certificate, whichever comes first.

The transfer of plot ownership to MCGM/MHADA/Appropriate Authority is required before occupation of buildings other than amenities.

Built-up amenity area is counted in FSI initially but becomes free of FSI after handover.

Commencement certificate for BUA can only be granted after handover of built-up amenity.

Fungible Compensatory Area/BUA is permissible over and above permissible FSI.

Development under various regulations is permissible, but maximum FSI on plot should not exceed prescribed limit.

TDR in lieu of balance BUA after loading of additional FSI is not permissible.

Premium is applicable to Central and State governments, except for State and MCGM, for FSI computation.

Area of layout open spaces as required under Regulation No 27 is not deducted for computation of BUA/FSI.

In case of new development/redevelopment proposals, land affected by road line/DP road/reservation should be reckoned after deduction.

Occupation certificate for buildings constructed out of last 25% of admissible FSI for residential/commercial use is granted only after recreational area development.

For Government/Semi-Government Departments, Organizations, Public Sector Authorities/Undertakings, certain lands not existing amenity/reserved are excluded from computation of available FSI.

Maximum tenement density is 450 per ha for FSI 1.00, which is appropriately increased/reduced proportionate to FSI 1.00.

Minimum tenement density for rehabilitation and resettlement/affordable housing plots is 325 per ha for FSI 1.00, which is appropriately increased/reduced proportionate to FSI 1.00.

Protected development: FSI can be exceeded for redevelopment of existing authorized buildings, and development shall be in accordance with the provisions of these Regulations. Past premium paid should not be adjusted.

If development is not completed, balance development rights can be availed utilizing TDR or additional FSI on payment of Premium. No refund is permissible.

If development is proposed to protected built-up area only, a 9 m. road width is considered adequate. Otherwise, restrictions as per regulation 19(2) apply.

The text pertains to regulations regarding FSI (Floor Space Index) and TDR (Transfer of Development Rights) in the context of the development of plots in suburban and extended suburban areas of Mumbai.

Widening of roads from the minimum 6m to 9m and the change in TDR ratio are subject to government regulations.

Permissible FSI is based on the plot area excluding certain areas, and TDR can be utilized as FSI (within limits) on the remainder plot.

TDR can be used for the cost of constructing amenities, or for unconsumed FSI due to planning constraints.

FSI is calculated on the gross plot area including certain reservations and amenities, and the BUA (Built Up Area) so arrived can be consumed on the balance plot.

Premium is charged for additional FSI on a payment basis, and is shared between the State Government, MCGM, MSRDC, and Dharavi Authority.

A development cess is payable for the BUA above the basic FSI, and is used for the implementation of development plans.

The owner must give advance possession of the land to be handed over to MCGM/MHADA/Appropriate Authority, and must clear all encumbrances and transfer the land to their name.

The plot must be handed over to MCGM/MHADA/Appropriate Authority within twenty-four months of approval of building plans/layout approval.

The FSI of the handed-over plot can only be utilized on the remainder plot after the handover or before availing the zonal (basic) FSI beyond 75% of the plot area or granting Occupation Certificate, whichever comes first.

Staircase, lift, and lift lobby areas may be granted free of Floor Space Index (FSI) if claimed free in development or if previously counted in FSI with premium payment.

Basement areas used exclusively for parking and other ancillary uses as permitted are exempted from FSI.

Covered parking spaces provide an additional 50% parking without FSI premium for residential buildings and up to 20% for non-residential buildings.

One office room's area is permitted as per sub-Regulation 9 of Regulation 37.

Lofts, porches, and canopies are also exempted from FSI under specific sub-regulations.

Structures for effluent treatment plants, water treatment plants, or sewerage treatment plants are exempted from FSI if no vacant land is available.

A chajja, cornice, or sun-breaker with specific dimensions (up to 1.2m projection) on the building face is exempted from FSI.

New lift and passage areas, elevated/underground water reservoirs/tanks, and electric sub-stations are exempted from FSI in specific conditions.

Service floors within a specific height limit, entrance lobbies, open-to-sky swimming pools, and sun ducts are also exempted from FSI.

Ornamental projections of cladding/glass façade, chimneys, elevated tanks, electrical ducts and meter rooms have specific FSI exemptions.

Refuse chutes, garbage shafts, and rainwater harvesting arrangements are part of the FSI exemptions.

Advertisement and sky signs, cooling towers, and chilling plants are also subject to specific FSI regulations.

Solar water heater and common lighting battery back-up areas in basements or terraces are covered under FSI (Floor Space Index) calculation.

Projections exceeding specified areas in certain clauses should be included in FSI.

Swimming pools at levels other than specified and open to sky are counted in FSI.

Covered parking spaces, garages, fire escape balconies, and sanitary blocks for domestic servants are counted in FSI.

Part/covered terraces, balconies, niches below window sills, and public telephone booths are counted in FSI.

Ornamental projections, except at the terrace level, are included in FSI.

Fungible Compensatory Area: The commissioner may grant additional FSI beyond the admissible limit by charging a premium for residential, industrial, and commercial development.

Fungible Compensatory Area is not applicable to certain redevelopment schemes, such as those under Regulation No. 33(5) and (6), and those for EWS/LIG category housing.

Fungible Compensatory Area granted for rehabilitation component cannot be used for free sale component and must be used to provide additional area to existing tenants/occupants.

Fungible Compensatory Area cannot be utilized for another rehabilitation tenement.

Fungible Compensatory Area is applicable only for buildings under construction or reconstruction.

In case of development under Regulation No. 33(15), the Fungible Compensatory Area is admissible without charging a premium.

In case of development under Regulation No. 33(2) (excluding private medical institutions), the Fungible Compensatory Area is admissible with a 50% rebate in the premium.

Fungible Compensatory Area for development under Regulation No. 33(3) is admissible without charging a premium for MCGM and the State Government.

The text discusses the rules regarding Transferable Development Rights (TDR) in the context of land development in Mumbai, India.

Lands subjected to acquisition, proposed in Draft or Final Development Plan, lands under deemed reservations, lands under new road or road widening, unutilized FSI of heritage structures, lands in lieu of housing for slum-dwellers, and lands for public purpose are eligible for TDR.

Lands not eligible for TDR include lands subjected to earlier acquisition, lands with valid awards under the Land Acquisition Act, lands where layout has already been sanctioned, lands where compensation or possession has been taken, and lands for existing users or required open spaces.

TDR can be generated through land surrender, where the owner transfers the gross area of the land to the Municipal Corporation or Appropriate Authority. The TDR granted depends on the location and the extent of the surrendered land.

In some circumstances, such as for heritage buildings, TDR is granted but the potential development of the plot is frozen to the extent of the existing Building Use Area (BUA) of the structure.

For fully encumbered lands required for urgent public projects, TDR is granted up to 50% of the zonal FSI of the plot area, and for partly encumbered lands, TDR is granted up to the extent of encumbrances removed.

Lands owned by the Central or State Government and their undertakings, allotted by payment of market value and reserved for public purpose, are also eligible for TDR. However, TDR is not eligible for lands under reservations granted on lease at concessional rates.

The text also mentions various provisions related to TDR under different regulations, such as Regulation 33 and DCPR 3.

The rates of TDR are given in Table No. 12-A and vary depending on the circumstances and the location of the surrendered land.

The text also mentions that the owner is entitled to TDR or Development Rights (DR) irrespective of the FSI permissible or development potential of the surrendered land and the surrounding land.

The FSI restrictions regarding maximum permissible built-up area in relation to road width do not apply in certain schemes such as Slum Rehabilitation Scheme, Redevelopment of cess buildings, etc.

Additional FSI permissible in certain categories of buildings can be availed using Transferable Development Rights (TDR) or additional FSI at the owner's option.

TDR can be utilized considering the plot area excluding reservations or areas to be surrendered.

TDR cannot be used in certain areas like Special Development Zones, slum housing schemes, areas with a zonal FSI less than 1.0, coastal regulation zones, and areas with developmental prohibitions or restrictions.

Development Rights (DRs) can only be granted to owners or lessees of retainable lands not vested in the government, and subject to certain conditions.

DRC is a transferable and negotiable certificate issued by the Municipal Commissioner and should be endorsed for any transfer to be valid.

The Commissioner issues DRC within 180 days from the application or reply from the applicant.

TDR transfer is not permissible during the transfer procedure.

DRC is transferable in case of death or with relevant documents and a registered agreement to the Municipal Commissioner for endorsement of the new holder's name.

MCGM or public charitable trusts, medical institutions, and private medical institutions can avail additional Floor Space Index (FSI) for institutional buildings, excluding educational institutions.

The premium for the additional FSI is: 10% of land rates for educational institutions, 15% for medical institutions, 20% for private hospitals, and 30% for other institutional buildings.

The government and MCGM equally share the premium amount.

50% of the additional FSI can be utilized using Transfer of Development Rights (TDR) without premium payment.

For medical institutions, 20% beds and free treatment must be provided for Economically Weaker Sections (EWS) and persons below the poverty line. 10% of patients in the Outpatient Department (OPD) shall be provided treatment at rates charged in government hospitals.

The Director of Health Services, GoM is the competent authority for ensuring compliance with these conditions and determining penalties for breach.

For educational institutions, additional FSI is for bonafide educational purposes only, and they must make some rooms available to the government when required. 10% of the total seat capacity is reserved for government nominees.

For private medical and educational institutions, additional FSI is permissible with premium payment as decided by the government.

The Municipal Commissioner must intimate the implementing authority regarding grant of building permission/occupation certificate to ensure compliance with the conditions.

If it is found that the additional FSI is being used for non-permitted activities, a penalty equal to 0.3% of the prevailing ready reckoner value of the built-up area per day will be imposed.

Buildings of government, MCGM, statutory bodies, semi-government, and Public Sector Undertakings (PSUs) offices can be granted FSI up to 5 including Zonal (basic) FSI for office use and other allied purposes, excluding residential use, with special permission from the Commissioner.