Additional Floor Space Indices

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.

The Balance FSI, calculated as per rehabilitation and incentive components, will be shared between the Cooperative Housing Society and MHADA in the form of Built-Up Area (BUA).

The FSI sharing ratio between the Cooperative Society and MHADA varies depending on the Basic Ratio (LR/RC).

For plots up to 4000 sq. m, MHADA may allow additional BUA over and above existing BUA up to 3.00 FSI by charging a premium.

If the plot area is 4000 sq. m or above, MHADA shall receive FSI 1.00 over and above 3.00 in the form of Social Housing stock.

For redevelopment of buildings in MHADA, the Rehabilitation Area Entitlement is increased by 15% of the existing carpet area.

The Development Cess, at 7% of the Land Rate, is payable on the extra FSI granted for redevelopment schemes.

For providing infrastructure, the Development Cess levied is transferred to the Municipal Corporation of Greater Mumbai.

In any redevelopment scheme where the Cooperative Housing Society/Developer obtains NOC from MHADA, it becomes obligatory for all members to participate and vacate their tenements.

For MHADA's redevelopment of buildings in any existing scheme, their consent is sufficient.

The surplus BUA (Built Up Area) of a building, as per the Mumbai Housing and Area Development Act (MHADA) of 1976, can be used for accommodating occupants in transit camps or cessed buildings that cannot be reconstructed, with payment of a prescribed amount.

For the reconstruction/redevelopment of buildings existing prior to 30.09.1969, the MCGM (Municipal Corporation of Greater Mumbai) and the Society of occupants will share the excess BUA and rehab area in a ratio of 1:0.5, or the MCGM will be compensated.

The compensatory BUA cannot be used for sale purposes and no premium is charged on it.

MCGM can make the equivalent market value of the area given to MHADA within the same or adjoining municipal ward.

The FSI (Floor Space Index) for rehabilitation of existing tenants/occupiers in a reconstructed building is 3.0 or the FSI required for rehabilitation plus 50%, 60%, or 70% incentive FSI, depending on the number of plots involved.

The occupier is eligible for additional rehab Carpet Area up to 5%, 8%, or 15%, respectively.

The entire FSI available under clause 5 can be utilized on the plot/plots under redevelopment scheme.

Old cessed buildings falling under reservation/zones, as well as structures in TP Scheme and on the road, can be included in the redevelopment scheme with FSI as per DCR 33(12) or as provided in these Regulations.

Relaxations in building and other requirements for rehabilitation apply except for clauses 6.11, 6.16, and 6.18.

A payment of 10% of the normal premium or 2.5% of the land rates as per the ASR (Area Sub- Committee Report) applies, and a minimum of 10% open space must be maintained.

20% of the incentive FSI can be used for non-residential purposes.

The commissioner will only allow the FSI under these Regulations if the Mumbai Repairs and Reconstruction Board is satisfied that the redevelopment proposal fulfills all necessary conditions.

The concessions regarding the exclusion of areas from computation of FSI for general buildings stipulated in Regulation No. 31(1) apply in the case of redevelopment of cessed buildings.

(Note: Items 11, 12, and 13 were deleted from the original text.)

Reconstruction of a building in Mumbai requires agreement from 70% of landlords and occupants under the Mumbai Rents, Hotel and Lodging House Rates Control Act, 1947.

The developer must submit a certificate from a practicing advocate confirming executed agreements.

The carpet area of residential/non-residential premises can be altered with occupant consent.

Reconstruction is disallowed on set-back areas or areas required for road-widening.

These provisions do not apply to buildings wholly occupied by warehouses and godowns.

If a building is reconstructed with existing FSI before its collapse, then requirements of open spaces are as per Regulation No.41(5).

Relaxations from Regulation No. 33(10) apply, except clauses 6.11, 6.15, 6.16 & 6.18.

If the existing FSI is less than the permissible FSI, the owner may opt for development up to the permissible FSI by availing TDR/Additional FSI on payment of premium.

For cooperative housing societies or corporations redeveloping old buildings, FSI is 3.00 on the gross plot area or FSI required for tenant rehabilitation plus incentive FSI, whichever is more.

New buildings may be constructed in pursuance of the irrevocable written consent by not less than 51% of occupants.

All eligible occupants of cessed and non-cessed buildings (existing prior to 30.09.1969) must be re-accommodated in the redeveloped building.

Each occupant shall be rehabilitated with the carpet area occupied for residential use in the old building, subject to minimum and maximum carpet areas.

The list of eligible occupants and area occupied by each is certified by the Mumbai Repairs and Reconstruction Board and verified by the landlord/occupants' cooperative housing society before tenements are allotted.

Premium for area beyond existing FSI/BUA is paid based on the land rates as per ASR.

If carpet area for residential use exceeds 120 sq. m, the cost of construction for excess area is paid by the tenant to the developer.

The carpet area exceeding 120 sq. m shall be considered for rehab FSI but not for incentive FSI.

Each eligible residential cum commercial occupant is entitled to a minimum carpet area of 27.88 sq. m.

Existing carpet area in the old building is the basis for rehabilitation in the new building.

Reconstruction or redevelopment of cessed buildings can be done by same or different landlords, cooperative societies, or corporations.

Open spaces requirements are as per Regulations nos. 41(1), 41(2), and 43 for buildings reconstructed with zonal FSI.

Premium for area covered under Regulation No.31(1) & 31(3) beyond the existing FSI/BUA shall be paid.

Provision for inclusive housing as per Regulation No. 15 must be made if applicable.

For a proposed cooperative housing society of occupiers of a cessed building, the FSI required for tenant rehabilitation plus incentive FSI will be available.

The Mumbai Repairs and Reconstruction Board certifies the list of eligible occupants and their area of occupation in the old building.

Tenements in the reconstructed building are allotted by the landlord/occupants' cooperative housing society based on the list certified by the Mumbai Repairs and Reconstruction Board.

The carpet area for residential use exceeding 120 sq. m shall be considered for rehab FSI but not for incentive FSI.

The cost of construction for the excess carpet area shall be paid by the tenant to the developer.

The cost of construction shall be as per the ASR of that year.

The minimum carpet area for each eligible residential cum commercial occupant is 27.88 sq. m.

The net usable floor area within a tenement excluding areas specifically exempted from FSI computation is the existing carpet area for rehabilitation purposes.

Consideration of the existing carpet area for rehabilitation purposes and the incentive FSI shall be as per the prevailing Regulation.

Rehabilitation shall be offered to all eligible occupants of cessed and non-cessed buildings.

The irrevocable written consent of not less than 51% of occupants is required for reconstruction/redevelopment.

The cost of construction and premium for excess area shall be as per the ASR of that year.

Incentive FSI for composite redevelopment of up to five tenant-occupied buildings: 60%, occupier gets 8% additional rehab carpet area. For six or more buildings: 70%, occupier gets 15% additional rehab carpet area.

A new building can be constructed with consent of 51% tenants, all tenants must be re-accommodated.

Each tenant gets same carpet area as in old building, free of cost up to 120 sq.m (1292 sq.ft), exceeding area, cost paid by tenant.

Carpet area for residential tenants excludes walls, balconies if allowed, and other exempted areas.

Tenancies created after June 13, 1996, and unauthorized construction for new tenancies cannot be considered.

Tenant list and areas must be certified by the Municipal Corporation of Greater Mumbai.

Tenements in reconstructed building are allotted to tenants as per the certified list.

Entire FSI available for redevelopment scheme can be used.

New building must conform to regulations, no construction on set-back areas or road-widening areas.

FSI calculation for tenanted building considers the entire plot area except for public amenities.

New building must be reconstructed according to regulations, minor variations may be condoned.

20% of incentive FSI can be used for non-residential purposes.

Fungible compensatory area for rehabilitation is granted without charging premium and used to give additional area to tenants.

Temporary transit camps may be allowed for smooth implementation of the redevelopment scheme.

An additional development cess of Rs.5000/- per sq.m is paid for rehabilitation and free sale components.

Each tenant is rehabilitated only for carpet area mentioned in the text, clearly shown on the building plan.

Each eligible slum dweller is entitled to a tenement with a carpet area of 27.88 sq.m for residential use and 20.90 sq.m for non-residential use.

Carpet area is the net usable floor area within a tenement, excluding the areas covered by walls or other exempted areas, but including balconies.

The total permissible FSI for a Cluster Development Scheme (CDS) is 4.00 on the gross plot area, excluding reservations and existing amenities, but including BUA under reservations and road setbacks.

The incentive FSI for rehabilitation is based on the Basic Ratio of Land Rate (LR) and Rate of Construction (RC), as per the table-B.

The land rate and rate of construction shall be taken for the year the CDS is approved and LOI is issued by the competent authority.

If the total rehabilitation FSI + incentive FSI is less than 4.00, the balance FSI shall be shared between the Promoter/Developer and MHADA according to the table-C.

Tolerated structures encroaching on roads in the vicinity of the CDS shall be allowed to be included in the CDS, but they must be permanently removed.

It is permissible to implement a CDS in phases if the area is more than 8000 sq.m in Island City or 12000 sq.m in Suburbs and Extended Suburbs, and if the development in each phase is strictly in conformity with the master plan/layout plan approved for the entire CDS.

The term "tolerated structures" refers to structures used for residential or non-residential purposes and existing prior to certain dates or as decided by the government.

The text outlines regulations for the redevelopment of slums through the Comprehensive Development Scheme (CDS) in Mumbai, India.

The CD plot must not be an Express Highway or wider than 52 meters.

A 6-meter open space is required along nallahs (trained water channels) and the edge of rehabilitation buildings.

The distance between rehabilitation buildings with a height up to 32 meters should not be less than 6 meters.

Buildings taller than 32 meters require additional marginal open space as per Regulation No. 41(5).

At least 50 percent of the total built-up area (BUA) in a composite building must be used for rehabilitation.

Additional open space provided can be considered as part of the Area of Special Reservation (AOS) without charging a premium.

The access to the site shall be governed by Regulation No. 23, with allowances for wider access if necessary.

A minimum of 10 percent of the CD plot area must be provided for the Local Open Space (LOS).

No premium is charged for exclusion of certain areas like staircase and lift wells.

The Municipal Commissioner can grant relaxations in marginal open spaces, but general health, fire, and safety requirements must not be affected.

These relaxations apply only to the rehabilitation component and composite buildings under the CDS.

The approving authority for building plans under the CDS is the Municipal Commissioner.

Religious structures existing prior to redevelopment can be redeveloped but cannot exceed their original area.

Tenements for slum rehabilitation are not transferable for a period of 10 years.

An amount of minimum Rs 50,000/- per tenement is required for a Corpus fund for maintenance of the rehabilitation buildings.

Any ongoing scheme under Regulation 33(7) that meets the CDS criteria can be included in the proposal under Regulation 33(9) for approval or converted into a CDS.

Heritage buildings of Grade-I and II, along with their land appurtenant, should be kept as they are and are counted towards the incentive FSI.

Promoters/Developers must contribute a Heritage Cess at 5% of the assessed structure rate (ASR) on the basis of the BUA of the Heritage structure.

Amenities like fire stations, schools, and hospitals handed over to the concerned authority free of cost, and their BUA is considered for rehabilitation and incentive FSI.

The HPC, headed by the Municipal Commissioner, approves the CDS with the previous approval of the government.

The proposal is submitted to the Municipal Commissioner, MCGM for approval of plans, and the decision is appealable as if it's an appeal under section 47 of the MR&TP Act, 1966.

The government must give due regard to the Impact Assessment study before sanctioning any CDS.

Heritage structures of Grade-I and II, along with their land appurtenant, are included in the CD but must be kept as they are.

Promoters/Developers pay a Heritage Cess at 5% of ASR on the basis of the BUA of the Heritage structure.

If the HPC approves areas for amenities other than reservations/designations under the DP, such amenities are handed over to the concerned authority free of cost.

The HPC, headed by the Municipal Commissioner and constituted by the government, is competent to approve the CDS.

The proposal is submitted to the Municipal Commissioner, MCGM for approval of plans, and the decision is appealable as if it's an appeal under section 47 of the MR&TP Act, 1966.

No CDS will be sanctioned by the government without giving due regard to the Impact Assessment study.

Urban Renewal Development and DP Reservations are to be carried out in accordance with clauses 7.1 to 7.9 of Regulation No.33(10)A.

Land owning authorities grant Development Rights (DRs) to the Development Rights and Rehabilitation Project (DRP) in exchange for 70% of the net premium payable by developers, with the exception of public authorities where the premium is decided by the Government.

Land leased to the Co-operative Housing Society of occupants on a 30-year lease with rent decided by the Government, renewable for another 30 years if it is part of Government, MCGM, MHADA, MMRDA, or any other undertaking land. Free sale component land is leased directly to the Society/Association of purchasers and not through the renewal rehab occupants' society.

No objection certificates for building permission must be granted by land-owning authorities within 60 days after approval of the project, which may be deemed given if not granted within the time frame.

Developers must deposit an amount of Rs 40,000/- per tenement/unit as a corpus fund for the co-operative housing society of renewal rehab occupants for maintenance. The full amount should be deposited by the time of completion of construction for the last 25% of the free sale component to receive building permission.

Developers pay Rs. 840/- per Sq. mt. for the Built-Up Area (BUA) over and above the Zonal FSI for rehabilitation and free sale components. The entire amount is paid to DRP(SRA) and used for infrastructure improvement within Dharavi Redevelopment Project Areas.

The Slum Rehabilitation Authority (SRA) can add, alter, or amend conditions under these Regulations with previous Government approval.

The provisions of the DCR for Greater Mumbai, and all other applicable sections of the MR & TP Act, 1966, apply to the development of land with the modifications that "Municipal Corporation of Greater Mumbai" and "Municipal Commissioner" are substituted by "Slum Rehabilitation Authority" and "Officer on Special Duty, DRP (SRA)" respectively.

Urban Renewal Scheme is a scheme for the redevelopment of clusters of buildings and structures constructed by Bombay Development Division in the Island City of Mumbai, identified for urban renewal through the Development Plan, Urban Renewal Plan, or by the Planning Authority.

Boundaries of the Urban Renewal Cluster (URC) may be determined by the Officer appointed by the Planning Authority if not defined by the Development Plan or Urban Renewal Plan.

An Impact Assessment Study must be carried out to determine the impact on city and sector level infrastructure, amenities, traffic, and environment before any cluster is identified for redevelopment or implementation of an Urban Renewal Scheme by the Officer appointed by the Planning Authority.

The land under the Urban Renewal Scheme, regardless of tenure, is treated as one plot for FSI and computation of marginal distances.

The boundary of the Cluster may be decided by the Officer appointed by the Planning Authority if not bounded by roads, nallas, and Railway lines.

The Urban Renewal Cluster may consist of various structures including cessed buildings in Island City, buildings acquired by MHADA or constructed by Bombay Development Division that are at least 30 years old, and structures owned by the State or Central Government, among others.

Age of a building for redevelopment purposes is calculated from the date of occupation certificate or the first date of assessment in property tax records.

Buildings or lands belonging to the Central Government, State Government, Semi-Government Organizations and MCGM or MHADA require prior consent for inclusion in the Urban Renewal Scheme.

Buildings unfit for human habitation due to repair issues, structural or sanitary defects, or narrow streets can be included in the Urban Renewal Cluster.

Areas developed under different provisions of the DCPR before 2000 can be included in the Urban Renewal Cluster for planning purposes, but not for FSI calculation.

For buildings, tenements in existence before June 13, 1996 are eligible for rehabilitation, as proven by a certified inspection extract and certification by an authorized authority.

For non-BDD Chawls dwelling structures, eligibility is determined by the Competent Authorities appointed by the Government and transferees under the project.

Each certified residential tenant/occupant is entitled to a tenement of 46.45 sq. m, no further FSI is provided.

Eligible religious structures, onsite amenities, and other non-residential structures receive existing carpet area or as decided by the Government.

Eligible slum dwellers are entitled to a tenement of 25 sq. m.

The total permissible FSI for an Urban Renewal Scheme is 4.00 gross plot area, excluding reservations, road setbacks, and municipal roads.

FSI for Urban Renewal Schemes in CRZ areas is governed by MOEF Notifications.

Incentive FSI is based on the Basic Ratio of Land Rate and Construction Rate and is given according to Table-B.

Fungible FSI is exclusive from the total permissible FSI.