Additional FSI Part II

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What is the permissible FSI consumption of the Final Plot for the redevelopment of contravening structures in TP Schemes?

4.0

What is the minimum carpet area provided for alternative accommodation in the redevelopment scheme for tenants from contravening structures?

27.88 sqm (300 sq.ft.) each

What is the condition for accommodating existing commercial tenants in the redevelopment scheme?

The commercial area in the redevelopment scheme shall not exceed the original commercial area.

Where should the alternative accommodation be provided for tenants from contravening structures in TP Schemes?

In the same scheme or in the same administrative ward

What is the minimum entitled carpet area for eligible residential tenants?

27.88 sq. m

What is the condition for structures to be eligible for benefits if they fall in alignment with roads?

They must have existed prior to specific datelines.

What is the maximum overall FSI allowed for the owner/developer?

4.0

What is the entitlement of commercial tenants in terms of area?

Existing area or 20.90 sq. m

What must be submitted to MCGM by the owner/developer?

Advance possession receipt

What is the condition for structures situated outside the original plot but within the final plot to be considered contravening structures?

They are partly included in the final plot and public roads.

What is the eligibility criterion for residential/residential cum commercial tenants/occupants?

Minimum carpet area of 27.88 sq.m or equivalent to existing carpet area.

What is the condition for excess BUA payment by tenants?

An amount mutually agreed between tenant and owner/developer.

What is the criterion for structures eligible for redevelopment under TP Scheme?

Not listed in TP Scheme records but appear in Legislative Assembly Voter’s List.

What is the eligibility of the owner of the scheme regarding FSI on the plot?

FSI on plot shall not exceed 4.0.

What is the maximum permissible FSI for buildings on a road with a minimum width of 27m?

5

What is the rate of premium for open develop land with FSI 1?

$50%$ of ASR

How is the premium collected for additional FSI shared between the Planning Authority and the Government?

50:50

Under what condition is additional FSI granted beyond permissible FSI?

Upon the payment of premium

What is the permissible FSI for reconstruction/redevelopment of properties in Gaothan/Koliwada/Adiwasi pada area for plots fronting on roads below 9m width but more than 6.0m?

1.5

For plots fronting on road width of 9m and above, what is the additional permissible FSI allowed for commercial use?

0.5

What is the minimum road width required for a maximum permissible FSI of up to 5 for buildings of Biotechnology Establishments?

$12m$

What percentage of stake must Public Bodies like MHADA, SEEPZ, MIDC, SICOM, CIDCO or their joint venture companies have to be eligible for exceeding the floor space indices beyond Zonal (basic) FSI specified in the regulation?

$11%$

What premium rate must be paid to MCGM for open develop land when additional FSI is granted for Biotechnology units?

$50%$ of ASR

What does 'tenure A' refer to in the context of permissible FSI for reconstruction/redevelopment in Gaothan/Koliwada/Adiwasi pada area?

'A' category land as per government classification

In the context of reconstruction/redevelopment, what does 'consumed FSI' refer to?

FSI utilized by existing buildings without proper authorization

What does 'premium recovered for the BUA' refer to in the context of Biotechnology units?

Fee payable to MCGM

What is the maximum percentage of the total proposed built-up area that can be utilized for support services in IT Parks as per IT/ITES Policy 2015?

40%

Where should the premium received by the Planning Authority for additional FSI in IT Parks be deposited?

Critical Infrastructure Fund for IT/ITES Industries

What is the minimum percentage of the total proposed built-up area that must be allocated for incubation facilities for new units in IT Parks?

2%

Who is responsible for developing a web portal to provide detailed information about their parks for developers of IT parks?

Directorate of Industries

What is the maximum percentage of additional FSI that may be permitted in Smart Fin Tech Centers, subject to certain conditions and premium charges?

$200 ext{%}$

What is the percentage of the total proposed built-up area that can be utilized for support services in IT Parks not covered under specific zones determined by ASR?

30%

What is the percentage of the total proposed built-up area that can be utilized for support services in IT Parks as per IT/ITES Policy 2015 if not covered under point c?

20%

Who grants permission for erecting towers and antennas up to permitted heights by the Civil Aviation Department?

Commissioner

What is the condition for imposing penalties on private IT parks?

Using built-up space exceeding 50% for non-IT/ITES activities

What is required if a private IT park uses built-up space exceeding 50% for non-IT/ITES activities?

Penalties and additional premium charges

What is the condition for allowing support services while developing sites for IT/ITES with additional FSI?

Support services are allowed as defined in the IT Policy 2015

What is the maximum permissible F.S.I. for Smart Fin Tech Centers in suburbs, extended suburbs, and Mumbai City?

3.00

What percentage of the total proposed Built-up area must be used for Fin Tech-related businesses, banking, financial services, insurance, and IT/ITES for a Smart Fin Tech Centre?

85%

What happens if a Smart Fin Tech Centre is found to be using built-up space for non-permitted activities?

A daily penalty equal to 0.3% of the prevailing ready reckoner value will be imposed by the MCGM and the Government.

Under what condition is an additional FSI of 33% allowed for the development of lands vacant due to the shifting of cattle sheds outside Greater Mumbai?

The lands must be vacant due to the shifting of cattle sheds outside Greater Mumbai.

What is the permissible FSI for lands earmarked for MHADA/Mill Workers Housing under Regulation No 35?

$4.0$ (including zonal FSI)

What percentage of recreational open spaces are allowed for development?

$8 ext{%}$

What must the developer provide and update information about?

Smart Fin Tech Centre's units, utilization of built-up area, and activities on a web portal.

Under what condition is an FSI up to $4.00$ permissible?

For plots of 2,00,000 sq. mtr. or above.

What is required if a developer wants to develop lands vacant due to the shifting of cattle sheds outside Greater Mumbai?

Approval by a Committee.

What applies to terms and expressions defined in the Fin Tech Policy?

The provisions mentioned in the text.

What happens if a Smart Fin Tech Centre uses built-up space for non-permitted activities?

A daily penalty equal to $0.3 ext{%}$ of the prevailing ready reckoner value will be imposed by MCGM and the Government.

What percentage of the premium amount collected under this Regulation is utilized for infrastructure development by MCGM?

2/3

When is the premium paid to the Planning Authority for the incentive FSI?

50% at the time IOA and 50% at the time of issuing C.C

Under what condition can tenements required for Shramsafalya/Ashrayyojana be allowed to be constructed?

With special permission of Municipal Commissioner

How is the premium calculated if the developer has to surrender equivalent sale FSI in form of constructed BUA?

$ ext{Premium} = rac{1}{2} imes ext{Sale FSI} imes ext{ASR rate}$

What is the minimum number of Motor Vehicle public parking spaces required for development of Multi-storeyed PPL on a plot of minimum area 1000 sq. m?

50

Under what condition is additional FSI granted for the development of Multi-storeyed PPL on a plot abutting a road of minimum width of 18m?

If the built up parking area is created and handed over to the MCGM free of cost

Who is responsible for earmarking/selecting plots for public parking till the formation of Parking Authority?

Municipal Commissioner, MCGM

What does the incentive FSI given for the development of Multi-storeyed PPL represent?

It is included within the Zonal (basic) FSI permissible under any other provisions of DCPR

What is the minimum carpet area for AH/R&R tenements under the Affordable Housing (AH) and Rehabilitation & Resettlement (R&R) scheme in Mumbai?

25 sq. m

What percentage of land rate is collected as site infrastructure charges for FSI beyond zonal (basic) FSI?

7%

What is the ratio of BUA to carpet area, including all amenities & facilities?

$1:1.2$

When must MCGM/Public Authority allot AH/R&R tenements after their completion?

Within 12 months of completion

What happens to the sale proceeds after deduction of development cost for AH/R&R tenements?

$50% used for implementation of Development Plan (DP) and rest for AH/R&R tenements.

Under what condition can AH/R&R be developed on government/MCGM/appropriate authority plots?

$FSI < 4.0$, subject to certain conditions and premium charges.

What is the permissible FSI for a plot with a minimum road width of 15m for the development of Municipal Market?

3.5

If the existing licensed vendors are to be reallocated with 30% more carpet area over and above their existing carpet area (excluding fungible compensatory area), what would be the status of the licensed vendor?

Remain unchanged

What is the maximum permissible FSI for a plot with a minimum road width of 25m for the development of Municipal Market?

5.5

If a plot has a minimum road width of 20m, what would be the permissible FSI for its development as a Municipal Market?

$3\frac{1}{2}$

What is the minimum open space required for market development in MCGM?

6m

Who gets priority for commercial gala allocations in MCGM?

Existing licensed vendors, PAPs of vital public purpose projects, and new licensees

What percentage of the total permissible built-up area should be used for exhibition-cum-convention centre buildings/halls?

$\frac{2}{3}$

What is the maximum permissible FSI for Exhibition-cum-Convention Centers?

$\geq$ 4.00 F.S.I

What is the ground coverage limit for Exhibition-cum-Convention Centers?

$\frac{2}{3}$ of the gross plot area

What is counted as part of the support services for Exhibition-cum-Convention Centers?

$\frac{1}{3}$ of the built-up area

What is required for public purpose/public amenities building on MCGM/Government-owned land in terms of FSI?

As specified in the text

In which zones can Exhibition-cum-Convention Centers be developed?

Residential/industrial/commercial zones

What happens if a Smart Fin Tech Centre is found to be using built-up space for non-permitted activities?

It will face penalties from civil authorities.

What is the minimum road width required for developing an Exhibition-cum-Convention Center?

18.30m wide main road entrance

What is the minimum width required for each hall in the Exhibition-cum-Convention Centre?

50m

What is the minimum floor to floor height required for the Exhibition Hall / Convention Hall?

8.00mt

For every 10 seats in the Convention Center, how many parking spaces for cars should be provided?

$10$

What is the additional parking requirement for 2-wheeler vehicles in relation to the total number of required parking for 4-wheelers?

$25 ext{%}$

What is the minimum width of the internal road required for the Exhibition-cum-Convention Centre?

$13.40mtr$

In CRZ areas, what governs the FSI for proposals?

$MoEF Notification$

What is compulsorily provided in terms of parking space for an Exhibition-cum-Convention Centre?

One (1) Fire Engine and one (1) Ambulance

What happens if a Smart Fin Tech Centre uses built-up space exceeding 50% for non-IT/ITES activities?

A penalty is imposed as per regulations.

Study Notes

  • Tenants not listed in the records of TP Scheme but residing in structures that contravene the scheme or have come up after it, and whose names appear in the Legislative Assembly Voter’s List, are eligible for redevelopment.

  • Residential/residential cum commercial tenants are entitled to 27.88 sq. m, while commercial tenants are entitled to existing area or 20.90 sq. m.

  • Tenants are to receive free of cost the BUA equivalent to their held area or 27.88 sq. m, whichever is less.

  • For the excess BUA, an amount mutually agreed between tenant and owner/developer is to be paid by the tenant.

  • The owner/developer is to get additional FSI, up to 50% of the area of structures mentioned above, provided the overall FSI does not exceed 4.0.

  • Contravening structures include those situated outside the original plot but within the final plot, partly included in the final plot and public roads, and those outside the final plot but affected by public sites.

  • In the case of schemes where tolerated/protected structures fall in the alignment of existing roads or roads under Development Plan, the FSI may be exceeded if certain conditions are met.

  • Such structures must have existed prior to 17.04.1964 for residential and 01.04.1962 for non-residential structures.

  • The structures must be reflected in the revenue record or assessment records prior to the mentioned datelines.

  • The structures, along with the scheme plot, must be relocated in the same administrative ward.

  • The owner/developer must execute a tri-party agreement with the occupiers and the plot owner and submit the copy to MCGM.

  • The owner/developer must submit an advance possession receipt to MCGM.

  • The owner of the plot is eligible for Transferable Development Rights (TDR) in lieu of handing over the land affected by road.

  • The eligible residential/residential cum commercial tenants/occupants are entitled to a minimum carpet area of 27.88 sq. m or the area equivalent to their existing carpet area.

  • The owner of the scheme is eligible for the BUA required for tenant rehabilitation plus an incentive BUA, but the FSI on the plot shall not exceed 4.0.

  • If part of the structures falls in alignment with roads, the occupants are eligible for benefits but TDR for the land so handed over will be eligible.

  • The Government's share from premium charges of lands in certain zones will be deposited in the Fin Tech Corpus fund.

  • The maximum permissible F.S.I. (Floor Space Index) for Smart Fin Tech Centers in suburbs, extended suburbs, and Mumbai City is 3.00. For plots of 2,00,000 sq. mtr. or above, an F.S.I. of up to 4.00 is permissible.

  • No amenity space is required for Smart Fin Tech Centre development up to 2.00 Hectares.

  • At least 85% of the total proposed Built-up area (excluding parking area) must be used for Fin Tech-related businesses, banking, financial services, insurance, and IT/ITES.

  • The developer must provide and update detailed information about the Smart Fin Tech Centre's units, utilization of built-up area, and activities on a web portal.

  • If a Smart Fin Tech Centre is found to be using built-up space for non-permitted activities, the MCGM and the Government will impose a daily penalty equal to 0.3% of the prevailing ready reckoner value.

  • The provisions apply to the terms and expressions as defined in the Fin Tech Policy.

  • For development of lands vacant due to the shifting of cattle sheds outside Greater Mumbai, an additional FSI of 33% is allowed.

  • This provision applies only to authorized or tolerated cattle sheds in suburbs and extended suburbs.

  • The development of these lands is subject to the zoning regulations and approval by a Committee.

  • For development of lands earmarked for MHADA/Mill Workers Housing under Regulation No 35, an FSI up to 4.0 (including zonal FSI) is allowed.

  • The development must be exclusively used for mill workers housing.

  • Recreational open spaces up to 8% are allowed.

  • The text outlines conditions for constructing tenements under the Affordable Housing (AH) and Rehabilitation & Resettlement (R&R) scheme in Mumbai.

  • Minimum carpet area for AH/R&R tenements is 25 sq. m, only these types permitted.

  • No premiums for compensatory areas or features covered under Regulation No 31 for AH/R&R tenements.

  • MCGM/Public Authority to collect site infrastructure charges at 7% of land rate for FSI beyond zonal (basic) FSI.

  • Open space requirements as per Regulation No 41(5), subject to clearance from CFO.

  • Once AH/R&R tenements are completed, MCGM/Public Authority must allot them within 12 months of occupation certificate grant.

  • Sale proceeds after development cost deduction, 50% used for implementation of Development Plan (DP) and rest for AH/R&R tenements.

  • AH/R&R can be developed on government/MCGM/appropriate authority plots but not when private owners undertake development.

  • Land with approved BUA to be leased to society of occupants of building.

  • For convenience shopping in layouts, 25% of zonal (basic) FSI is exclusively used.

  • For private plot development, FSI can be exceeded up to 4.0 when proposing to develop AH/R&R tenements for MCGM.

  • FSI distribution for AH/R&R construction varies based on location, road width and total permissible FSI.

  • AH/R&R tenement carpet areas are as required for EWS, LIG and MIG.

  • Ratio of BUA to carpet area is 1.2, including all amenities & facilities.

  • Private owner must declare intention to develop plot for AH/R&R initially.

  • Additional FSI over zonal (basic) FSI released in proportion to tenements handed over to MCGM.

  • Occupation certificate for sale portion given after AH/R&R tenements are handed over.

  • No premiums for compensatory areas or features free of FSI as per Regulation No 31 for AH/R&R tenements.

  • Offsite infrastructure charges at 7% of land rate as per ASR for FSI 1.0 for BUA beyond zonal (basic) FSI payable.

  • Owners can utilize zonal (basic) FSI and BUA as per table for permissible uses.

  • 25% of zonal (basic) FSI in layouts exclusively used for convenience shopping along layout road.

  • Clubbing provision does not apply to plots with permissible zonal FSI less than 1.00.

  • Entire AH/R&R components including Base FSI can be categorized as AH/R&R component and corresponding sale components interchanged.

  • Developers can club plots belonging to single or multiple owners and offer AH/R&R component on a single plot while shifting sale component and base FSI to other plots if all right holders agree and make a joint application.

  • Clubbing allowed only if it leads to independent plot/building/wing with AH/R&R component being handed over to Planning Authority.

  • BUA for market development in MCGM as per zonal FSI or required for rehabilitation of existing licensed vendors, with any excess potential used for permissible users in the respective zone.

  • Existing licensed vendors, PAPs of vital public purpose projects, and new licensees get priority for commercial gala allocations.

  • MCGM may undertake market development on its own.

  • A minimum of 6m open space is sufficient, subject to fire safety requirements.

  • Separate access for market area and other development is necessary.

  • Existing users' BUA must be put to the same use.

  • No premium shall be charged for fungible compensatory areas as per Regulation No 31(3).

  • For public purpose/public amenities building on MCGM/Government-owned land, FSI is as specified in the text.

  • Exhibition-cum-Convention Centers can be developed in residential/industrial/commercial zones.

  • FSI can be exceeded up to 4.00 F.S.I with a 10% premium.

  • Minimum area of 5 hectares required, with a minimum 18.30m wide main road entrance.

  • Ground coverage of the center should not exceed 2/3rd of the gross plot area.

  • LOS and amenity area required, with LOS area counted as 1/3 open space.

  • At least 2/3rds of the total permissible built-up area should be for exhibition-cum-convention centre buildings/halls.

  • 1/3rd of the total built-up area can be used for support services.

  • Hotels, dining areas, recreation areas, fire services, health posts, staff quarters, police chowky, sewage treatment system, rain water harvesting plant, dedicated Electric Sub-station, and Occupation Certificate are part of the support services.

Reg 33(12) to Reg 33(23)

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