DCPR Table of contents PDF

Original Notifications shall be referred for perspicuity DEVELOPMENT CONTROL AND PROMOTION REGULATIONS - 2034 FOR GREATER MUMBAI INDEX TABLE OF CONTENTS Notification No. TPB.431/629/CR-118/2017/DP/UD-11, Dated 8 th May 2018...

Original Notifications shall be referred for perspicuity DEVELOPMENT CONTROL AND PROMOTION REGULATIONS - 2034 FOR GREATER MUMBAI INDEX TABLE OF CONTENTS Notification No. TPB.431/629/CR-118/2017/DP/UD-11, Dated 8 th May 2018 Corrigendum TPB-4317/629/CR-118/2017/DP/UD-11 dated 22/06/2018 Corrigendum/ Addendum TPB-4317/629/CR-118/2017/DP/UD-11 dated 29/06/2018 Notification TPB-4317/629/CR-118(11)/2017/EP{DCPR)/UD-11dated 21/09/2018 Corrigendum TPB-4317/629/CR-118(11)/2017/EP{DCPR)/UD-11dated 23/10/2018 Corrigendum TPB-4317/629/CR-118(11)/2017/EP{DCPR)/UD-11dated 12/11/2018 Regulation No Contents Page PART- I ADMINISTRATION 1 Short title, Extent and Commencement 1 I Title 1 II Jurisdiction 1 Ill Protection 1 2 Definitions of Terms and Expressions 1 I General 1 II Meaning as in the Acts, Rules, etc. 1 Ill Terms and Expressions 1 IV Definitions 1 3 Applicability 18 (1) Development and Construction 18 (2) Part Construction 18 (3) Change of Occupancy 18 (4) Reconstruction 18 (5) Exclusions 18 4 Interpretation 18 5 Delegation of Powers 19 6 Discretionary Powers 19 7 Power to Delegate 20 8 Amendment/Modification to Appendices/ Annexures 20 PART- II DEVELOPMENT PERMISSION 9 Development Permission and Commencement Certificate 21 1) Necessity of obtaining Permission 21 2) Items of Operational Construction by some Authorities Excluded 21 3) Operational Constructions Excluded 22 Original Notifications shall be referred for perspicuity 4) Exclusion from requirement of permissions 23 5) Validity of Development Permission 24 6) Applicability to Partially Completed Works 24 10 Procedure for obtaining Development Permission and Commencement Certificate 24 (1) Notice of Intention 24 (2) Copies of Plans and Statements 25 (3) Information Accompanying Notice 26 (4) Signing of Plans by Owners and Licensed Personnel/Architect 32 (5) Processing of the Development Permission Application 33 (6) Commencement of Work 33 (7) Payments of the Development Charges/ Premium/ Development Cess /Off- Site infrastructure Charges/Fees 34 11 Procedure During Construction 34 (1) Construction to be in Conformity with Regulations 34 (2) Notice to Start of Work 35 (3) Documents at Site 35 (4) Checking of Plinth Columns up to Plinth Level 35 (5) Deviation During Constructions 35 (6) Completion Certificate 36 (7) Occupancy Certificate 36 (8) Part Occupancy Certificate/Part Building Completion Certificate 36 12 Inspection 36 (1) Inspection at Various Stages 36 (2) Inspection by Fire Department 37 (3) Unsafe Building 37 (4) Unauthorized Development 37 (5) Safety Precautions 37 (6) Revocation of Permission 37 PART-Ill LAND USES AND MANNER OF DEVELOPMENT 13 Development Stipulations 38 (1) General 38 (2) Development of the existing amenity/ Reservations /partly existing amenity /partly Reserved/amenity Plot: 38 (3) Combination of Public Purposes/Uses in Reserved Sites 39 (4) Reservation of for Multiple Public Purposes 40 (5) Area of Reserved Land 40 (6) Shifting and/or interchanging the purpose of existing amenity /reservations 40 (7) Art and Culture 41 Original Notifications shall be referred for perspicuity (8) Temporary Vending Zone 41 (9) Art and Culture, Temporary Vending Zone/ Bajarhat / Athawadi Bazar/Equal Street 41 14 Amenities and Facilities 42 (A) Plots/ lay-outs of the Land Admeasuring 4000 sq. m or more 42 (B) Conversion of Industrial Zone to Residential or Commercial Zone for the uses permissible in Residential or Commercial Zone 43 15 Inclusive Housing 46 16 Road/Road Widening so 17 (1) Development of Reserved Land for Public Purposes so (2) Redevelopment of existing Cinema/Theater 83 (3) Development of reserved land falling under the 85 provisions of Regulation No.33 84 PART- IV REQUIREMENT OF SITE AND LAYOUT 18 Requirement of Site 92 19 Public Street and Means ofAccess 93 (1) Every site to have Access free of Encroachment 93 (2) High Rise andSpecial Buildings 93 (3) Other Buildings 94 (4) Plots/Buildings abutting or fronting a Means of Access 95 20 Alignment & Intersection of Roads 95 21 Highway and Wider Roads 95 22 Access to land-locked plot 96 23 Internal means of access 96 (1) Minimum road width vis -a-vis the area served 96 (2) Access for residential, commercial and industrial zones 97 (3) Larger width of Means of Access 97 (4) Access in Partially Built Up Plots 97 24 Minimum Width of Pathways 97 25 Means of Access to be Constructed &Maintained 98 (1) General 98 (2) Private Street 98 (3) How to measure the length of Access -ways 98 26 Layout/Amalgamation/Subdivision of Plots 99 (1) Circumstances warranting preparation of a layout/ sub-division/ amalgamation 99 Original Notifications shall be referred for perspicuity (2) Contents 99 (3) Minimum plot areas 99 27 Layout/Plot Recreational Ground/Open Spaces (LOS) inLayout/Plot 101 (1) LOS in residential and commercial layout 101 (2) LOS in industrial plots/layout of industrial plots 103 28 Substation 104 (A) Electrical Consumer Substation (CSS)/Distribution Substation (DSS) 104 (B) Requirements of plot area for Distribution Substation/Receiving Substation/Extra High Voltage Receiving Station (DSS/RSS/EHVRS). 106 29 Additional facilities in the Development in Large Holding/layout 107 PART V- FLOOR SPACE INDEX 30 Floor Space Indices & Floor space/ Built -up area (BUA) Computation, Tenement Density and Protected Development 109 (A) Floor Space Indices & Floor space/ Built -up area 109 (B) Tenement Density 114 (C) Protected Development 114 31 Exemption Exempted from FSl/to be counted in FSI/ Fungible Compensatory Area (Fungible) Floor Space Index (FSI 115 (1) Exemption from FSI 115 (2) Counted in FSI 119 (3) Fungible Compensatory (Fungible) Floor Space Index (FSI) Area 120 32 Transfer of Development Rights (TDR) 122 (1) Transferable of Development Rights (TDR) 122 (2) Cases Eligible for TDR 122 (3) Cases not Eligible for TDR 123 (4) Generation of TDR 124 4.1 TDR against surrender of land 124 4.2 TDR against Construction of Amenity 128 (5) Utilization ofTDR 128 (6) General Stipulation. 131 (7) Vesting of land 133 (8) Effect of this Regulation 133 (B) Additional Regulations for the grant ofTDR to the Developers/Co-operative Housing Societies/NGOs in respect of slum rehabilitation scheme vide DCR 33(10) and DCR 33(11) 134 (C) Additional regulations for the grant of TDR to owners/lessees of heritage buildings/heritage precincts and conditions for grant of such rights 135 Original Notifications shall be referred for perspicuity PART- VI ADDITIONAL FLOOR SPACE INDEX 33 (1) Additional FSI to Religious building 136 (2) Building of Medical and Educational Institutions and other Institutional Buildings covered under Regulation 2(IV}l6 17(g) 136 (3) Buildings of Government/ MCGM/ Statutory bodies, Semi-Government and PSU Offices 139 3(A) Development/Redevelopment for construction of staff quarters of Govt. or its statutory bodies (including CISF) or MCGM or its statutory bodies, on lands belonging to such Public Authorities 139 3}(B) Development/Redevelopment for construction of staff quarters of Govt. or its statutory bodies (including CISF) or Municipal Corporation of Greater Mumbai or its statutory bodies on private lands 141 (4) Building of Residential Hotels on independent plot 143 (S) Development/Redevelopment of Housing Schemes of Maharashtra Housing & Area Development Authority (MHADA) 144 (6) Reconstruction of buildings destroyed by fire or which have collapsed or which have been demolished under lawful order 150 (7) Reconstruction or redevelopment of cessed buildings in the Island City by Co- operative Housing Societies or of old buildings belonging to the Corporation 151 7(A) Reconstruction or redevelopment of Dilapidated/ unsafe existing authorized tenant occupied building in Suburbs and extended Suburbs and existing authorized non-cessed tenant occupied buildings in Mumbai City. 157 7 (B) Additional FSI for Redevelopment of existing residential housing societies excluding buildings covered under regulation 33(7) and 33(7)(A) 160 (8) Construction of Affordable Housing in Special Development Zone (SDZ) 161 (9) Reconstruction or redevelopment of Cluster(s) of Buildings under Urban Renewal Cluster Development Scheme(s)(CDS) 167 (A) Regulations for Dharavi Notified Area (DNA) 181 (B) Reconstruction or redevelopment of Cluster of BDD chawls at Naigaon, Worli, N.M.Joshi Marg and Shivdi under Urban Renewal Scheme(s). 185 (10) Redevelopment for Rehabilitation of Slum Dwellers 194 (A) Slum Rehabilitation Scheme under within Dharavi Notified Area (DNA) for Dharavi Redevelopment Project (DRP) 213 (11} Provisions relating to Permanent Transit Camp tenements for Slum Rehabilitation Scheme/ Rental housing 233 Original Notifications shall be referred for perspicuity (12) Redevelopment of contravening structures included in the Final Plot of a Town Planning (TP) Scheme and Removal and re-accommodation of tolerated/protected structures falling in the alignment of road. A. Redevelopment of contravening structures included in the Final Plot of a TP Scheme. B. Removal and re-accommodation of tolerated /protected structures falling in the alignment of road 236 236 237 (13) Buildings of Information Technology Establishments 239 (13)(A) Buildings of Smart Fin Tech Centre 242 (14) Shifting of cattle sheds outside Greater Mumbai 244 (15) Development of land earmarked for the MHADA/ Mill Workers Housing under Regulation No 35 245 (16) Reconstruction/ Redevelopment in Gaothan / Koliwada / Adivasipada area 245 (17) Buildings of Biotechnology Establishments 246 (18) Development of Multi Storey Public Parking Lots (PPL) 246 (19) Additional FSI for Commercial user development in Central Business District (CBD) or plot situated in Residential or Commercial Zone or Independent plot converted in Residential or Commercial Zone from Industrial zone 248 (20) Affordable Housing (AH)/ Rehabilitation & Resettlement (R & R) 249 (21) Development and Redevelopment of Municipal Market/ Public Amenities by MCGM/Government (A) Development and Redevelopment of Municipal Market (B) Public Amenities by MCGM/Government 253 253 254 (22) Regulation for Exhibition-cum-Convention Centers in MCGM Area 254 (23) Transit oriented development (TOD) 258 PART-VII LAND USE CLASSIFICATION AND USES PERMITTED 34. Land Use Zoning & Uses Permitted 259 1. General 259 2. Zoning Definitions 259 3. Uses and ancillary uses permitted in the zones 260 3.1 Conditions/Parameters under which land- uses are permissible 261 3.2 The Conditions applicable for permitting various uses and occupancies 262 3.3 Exceptions 285 Original Notifications shall be referred for perspicuity 3.4 Special Development Zone (SDZ) 287 A) Other Development in SDZ 287 3.7 Natural Areas (NA) 293 3.8 Green Zone (GZ) 294 35 Development or Redevelopment of Lands of Cotton Textile Mills 294 PART VIII GENERAL BUILDING REQUIREMENTS 36 Occupancy Load 301 37 Requirements of parts of buildings 302 (1) Plinth 302 (2) Habitable Rooms/Rooms 302 (3) Bathroom and water closets 305 (4) Loft 306 (5) Mezzanine Floor 306 (6) Garage 307 (7) Basement 307 (8) Cabin 309 (9) Office Room 309 (10) (a) Letter Box Room (b) Letter Boxes 309 (11) Electric Meter/Service Utility Room 309 (12) Refuse Chute/Garbage Chute 309 (13) Corridor 310 (14) Door 310 (15) Stairway 310 (16) Ramps 311 (17) Lifts 312 (18) Porch 312 (19) Canopy 313 (20) Balcony 313 Original Notifications shall be referred for perspicuity (21) Roof 313 (22) Common Terraces 313 (23) Parapet 314 (24) Boundary wall and main entrance 314 (25) Bore well/Tube well/Open well 315 (26) Overhead Tank 315 (27) Septic Tanks 315 (28) Yogalaya or Fitness Centre 315 (29) Special Provisions for Institutional, Assembly, Business or Mercantile and Industrial Buildings 316 (30) Parking Floor 316 (31) Podium 316 (32) Service Floor 316 (33) Helipad 317 38 Special Design Requirement For 317 (I) Educational Building 317 (II) Building for Medical use 318 (Ill) Public Building 318 39 Special Regulations for Differently abled persons 318 1.Scope 318 2. Site Development 318 3. Building Requirements 321 4. Design guidelines- Streetscapes for Public Street 327 5. Guidelines and Provisions 327 40 Lighting and Ventilation 327 (1) Adequacy and manner of provision 327 (2) Artificial ventilation shaft 328 41 Open Spaces within Building Plots/ Layout 328 (1) (a) Open spaces separate for each building or wing 328 (b) Manner of computing front open space/setback 329 Original Notifications shall be referred for perspicuity where the street is to be widened (c) Measurement for Marginal Open Space 329 (2) Side and rear open space in relation to the height of the building for light and ventilation 329 (i) Residential and Commercial Zones 329 (ii) Industrial Zones 331 (3) Provisions in marginal open spaces if the height of the building is restricted 331 (4) Front Set-backs from the Street Line/Plot Boundary and set- backs from the zonal boundary in the different zones 332 5) Provisions in open spaces for plots in Reconstruction/ Redevelopment Schemes under the Maharashtra Housing and Area Development Authority Act, 1976, Slum Rehabilitation Authority, and Redevelopment Scheme of municipal tenanted properties and in case of development under Regulation No. 33(5), 33(6), 33(7),33(7)(A), 33(7)(8),33(9), 33(9)(A),33(9)(B), 33(10), 33(10) (A), 33(11), 33(15) and 33(20) (A) 334 (6) Open spaces for various types of buildings 335 (7) Provisions regarding relaxation in open spaces in narrow plots 335 (8) Interior open spaces (chowks) 338 (9) Open spaces to be unencumbered 338 42 Features permitted in open spaces 339 (i) Permitted in the side or rear marginal open spaces 339 (ii) Other features permitted in open space 339 43 Heights of Buildings 340 44 Parking Spaces 341 (1) General Space Requirement 341 (2) Quantitative Requirements 342 (3) Other vehicles 345 (4) Two wheeled motor cycle 345 (5) Transport Vehicles 346 (6) Parking Spaces 346 (7) Cinemas, Theatres and Assembly Halls 347 (8) Common Parking Space 347 45 Restrictions on Development in certain areas 347 A) Funnel of Vision 347 Original Notifications shall be referred for perspicuity (alPreserving the view from the Phirozshah Mehta Garden- (bl Preserving the eastern and southern view of the Backbay Area, Marine Drive 347 347 (Bl Height restrictions in the vicinity of aerodromes 348 (C) Building sites abutting railway track boundary 349 (Dl Distance from electricity lines 349 (El Other restrictions in height 350 (Fl Restriction on Development of sites of existing Fuel Station 350 (Gl Structures not included in reckoning height 350 46. Signs and Outdoor Display Structures 351 PART IX URBAN SAFETY REQUIREMENTS 47 Fire Protection Requirements 352 (ll General 352 (2l Construction Materials 353 (3l Exits 353 48 Requirements of Exits 356 (ll Corridors 356 (2l Doorways 356 (3l Revolving Doors 356 (4l Internal Stairways 357 (5l Additional Staircase 358 (6l Fire Escape Balcony 358 (7l Ramps 359 (8l Refuge Area 359 (9l Fire Escape Chutes/ Controlled Lowering Device for evacuation 359 49 Structural Safety and Services 360 (ll Structural Design 360 (2l Structural Safety for Protection of Buildings against Natural Hazard 360 (3l Quality of materials and workmanship 361 (4l Tests 361 So Building services 362 Original Notifications shall be referred for perspicuity (1) Electrical installation 362 (2) Lifts 362 PART X SPECIAL PROVISIONS 51 Parking Authority 363 52 Conservation of Heritage 363 1. Definitions 363 2. Applicability 363 3. Restriction on Development/Redevelopment/Repairs, etc. 364 4. Preparation of list of Heritage Buildings and Heritage Precincts 364 5. Grant of Transferable Development Rights in case of loss of Development Rights 364 6. Maintaining Sky-Line 365 7.Heritage Conservation Fund 365 8. Development plan reservation 365 9. Grading of the Listed Buildings/Sites & Listed Precincts 366 53 Under Ground Public Utility/Conveniences/Amenity Provision 373 54 Uses Permissible Below Flyovers 373 55 Alignment of Metro/Mono/Costal Road/Elevated Corridors/Corridors of Mass and Rapid Transport System 374 56 Forest Land 374 PART- XI MISCELLANEOUS PROVISIONS 57 Temporary Constructions 375 58 Common Antenna for Television Transmission Reception/Telecommunication/Digital Communication/Service 376 59 Special Purpose NOCs 376 60 Repairs to Existing Building 376 60(A) Approvals of Building Permission on Fast Track based on Risk Based categorization 376 PART- XII ENVIRONMENTAL SUSTAINABILITY 61 Public Sanitary Convenience (PSC) Blocks/Toilets 383 62 Rain Water Harvesting (RWH) 384 63 Special Provisions; for installation of Solar Water Heating (SWH) Systems 386 64 Waste (Grey) Water Recycling and Reuse 388 65 Sewage Treatment Plant (STP) & Disposal 389 Original Notifications shall be referred for perspicuity 66 Solid Waste Segregation 390 67 Tree Plantation Provisions for Landscaping Enhancing/ Conserving/Preserving Biodiversity 390 68 Coastal Regulation Zone (CRZ) 391 69 Environment Impact Assessment (EIA) 391 70 Energy Efficient Buildings 391 APPENDICES AND ANNEXURES APPENDICES Appendix-I- Additional Fire Protection Requirements for High Rise and Special Building 392 Appendix-II- Form of Notice and First Application for Development 409 Appendix-Ill- List of Special Purpose NOC's 411 Appendix-IV- Repairs to Existing Building 412 Appendix-V- Advance Possession Receipt 415 Appendix-VI- Final Possession Receipt from Owner to DP Department & DP Department to Estate Department 417 ANNEXURES Annexure- 1 - Particulars of Development 421 Annexure - 2 - Form of Supervision Acceptance 431 Annexure- 3 - Plot Area Certificate 432 Annexure - 4 - Owner's Plot Area Affidavit 433 Annexure- 5- Supervision Memo of Structural Engineer 434 Annexure - 6 - Supervision Memo of Licensed Plumber 435 Annexure - 7 - Supervision Memo of Site Supervisor 436 Annexure - 8 - Supervision Memo of Other Professional on Record 437 Annexure - 9 - Form for Supervision 438 Annexure - 10 - Details of the Qualification, Duties, Responsibilities and Registration Process 439 Annexure - 11 - Form of Sanction of Development Permission, Building Permission and Commencement Certificate 448 Annexure - 12 - Form of Refusal of Development Permission, Building Permission and Commencement Certificate 449 Annexure - 13 - Form of Notice for Start of Work 450 Annexure - 14 - Form of Intimation of Completion of Work up to Plinth Level 451 Annexure - 15 - Form of Approval/Disapproval of Development Work up to Plinth Level 452 Original Notifications shall be referred for perspicuity Annexure - 16 - Form for Development Completion Certificate 453 Annexure - 17 - Drainage Completion Certificate 454 Annexure - 18 - Building Completion Certificate 455 Annexure - 19 - Form of Acceptance of Completion Certificate 456 Annexure - 20 - Form for Occupancy Certificate 457 Annexure - 21 - Form of Indemnity for Part Occupancy Certificate 458 Annexure - 22 - Form of Acceptance of Completion Certificate 459 Annexure - 23 Sketches 1 to 7 460 Annexure - 24 Appropriate Authority 464 Annexure - 25 Abbreviation of criteria (classification) for heritage listing 469 LIST OF TABLES Table No. Description Page no. Table No-1 Drawing Sheet Sizes 25 Table No-2 Colouring of Plans 25 Table No-3 Common Set of conditions for Development of Reservations and Authority/Persons who may Develop Reservations 53 Table No-4 Reservations to be Developed for the Intended Purposes along with Permissible Uses and Ancillary Activities 53 Table No-5 Reservations to be Developed for the Intended Purposes or as per Accommodation Reservation 58 Table No-6 Road Width Required for High Rise and Special Buildings 93 Table No-7 Width of Access for Residential and Commercial Zones for plot area to be served 96 Table No-8 Width of Access for Industrial Zones for plot area to be served 97 Table No-9 Width of Pathways 98 Table No-10 Minimum Plot Areas for Various Uses 99 Table No-11 Requirements of Plot Area for Consumer Substation (CSS) 105 Table No-12 Floor Space Indices in Residential, Commercial & Industrial Zones 109 Table No - 12A Instances in which TDR can be Availed 124 Table No-13 Occupant Load 301 Table No-14 Minimum Size and Width of Habitable Room 302 Table No-15 Height of Habitable Room/s 304 Table No-16 Minimum Width of Stairways/Corridors for various Occupancies 310 Table No-17 Provisions in Open Spaces for Plot in Residential and Commercial Zone 331 Table No -18 A Front Set Back from Street line/Plot Boundary 332 Table No - 18B Segregating Distance from Zonal/Plot Boundary 333 Table No-19 Open Space Relaxation in Narrow Plots in Residential and Commercial Zone 336 Table No-20 Open Space Relaxation in Narrow Plots in Industrial Zone 337 Table No-21 Off Street Parking Spaces 342 Table No-22 Width and No of Exits for Various Occupancies 355 Original Notifications shall be referred for perspicuity TRANSITIONAL POLICY Policy Transitional Policy for ongoing proposals. {Circular No. T-1) Ch.E./DP/21450 Dated. 31/10/2018 473 Transitional Policy for ongoing proposals. {Circular No. T-2) CHE/DP/24394/Gen Dated. 04/12/2018 477 Transitional Policy for ongoing proposals. (Circular No. T-3) ChE/DP/33335/Gen Dated. 27/2/2019 480 Transitional Policy for ongoing proposals. (Circular No. T-4) ChE/DP/08432/Gen Dated. 10/07/2019 482 Transitional Policy for ongoing proposals. (Circular No. T-5) CHE/DP/10475/Gen. Dated. 04.09.2019 485 SPEAKING ORDER -REG 34 Speaking Order Regulation 34.3.1 Table C Sr.No.68 (f) 495 Regulation 34, Table C, Sr.No.60 497 Regulation 34, Table C, sr.no. SA & SB 500 SANCTIONED MODIFICATION/ CORRIGENDUM/ CLARIFICATION/ 154 DIRECTIVES 154 Directives Highways Setbacks within/ outside city limits dtd. 5.8.2019 505 154 Directives Premium Rate Reduction 154 Directives dtd.20.8.2019 510 Clarification Clarification to 17(3) B- Municipal Properties Reservations dtd. 13.9.2019 514 Sanctioned Modification Sanctioned Modification to 33{7)A dtd. 13.9.2019 516 154 Directives Railway Buffer Clarification 45{C) dtd. 13.09.2019 520 Clarification Clarification to 17 (1) a) and b) dtd. 31.12.2019 522 Clarification Clarification of Regulation 15 for on-going proposals dtd. 13.02.2020 523 154 Directives For Partially Completed S R Schemes 33(10) dtd. 13.03.2020 525 Corrigendum Corrigendum to UD GR for reduction of premium for industrial user dtd. 22.05.2020 527 Clarification Clarification under Reg. 33{7)(A)&(B) to on-going proposals dtd 06.08.2020 529 Clarification Clarification to 33(19) dtd. 24.09.2020 531 Clarification Clarification for Regulation 15 Inclusive housing dtd. 23.10.2020 535 Clarification Clarification for Regulation 33(7) regarding height of building dtd. 11.11.2020 537 154 Directives Premium Reduction by 50% dtd 14.1.2021 539 CIRCULARS Circulars C-1Various decisions taken in meetings with Municipal Commissioner 545 C-2 Decisions taken by Technical Advisory Committee 546 C-3 Charging Additional Development Cess under Reg. 30, 33{7), 33{7)A & 33{9) 547 C-4 (Not yet issued, shall be attached as and when sanctioned) - C-5 Guidelines to allow free of FSI the area covered by Staircase lift wells 549 C-6 Guidelines for internal staircase internal lift of duplex Residential 553 C-7 Guidelines allowing construction of Staircase Lift core up to total proposed height 555 C-8 Guidelines for of parking layout 557 Original Notifications shall be referred for perspicuity C-9 (Not yet issued, shall be attached as and when sanctioned) - C-10 To allow elevational features to proposed and under construction buildings 564 C-11 Policy for allowing garbage chute 573 C-12 (Not yet issued, shall be attached as and when sanctioned) - C-13 Applicability of DC Regulation 1991- DCPR 2034 for buildings approved as per DC Regulation 1991prior 06.01.2012 576 C-14 Procedure to be followed for implementation of provisions of DCPR 2034 578 C-15 Circular for Regularization penalty 580 CFO Open Space Relaxation dtd. 15.7.2019 582 Policy regarding computation of Front Open space 43(1) 585 Piped Access Circular dated 31.7.2020 588 PROPOSED MODIFICATION Proposed Modification Proposed Modifications to various provisions of DCPR 2034 13.11.2018 599 Proposed Modification to 31(3) for 33 (9A), 33(10A) 07.03.2019 608 Proposed modification to Regulation 30(A)(3)(a) of DCPR 2034 07.03.2019 611 Proposed modification to regulation 33(3) of DCPR 2034 04.09.2019 614 Original Notifications shall be referred for perspicuity 1 COMPREHENSIVE DCPR 2034 PART-I ADMINISTRATION 1. Short title, extent and commencement (I) Title: These Regulations shall be called the “Development Control and Promotion Regulations for Greater Mumbai, 2034” (hereinafter called “these Regulations”). (II) Jurisdiction: These Regulations apply to building activity and development work in areas under the entire jurisdiction of the Municipal Corporation of Greater Mumbai (hereinafter called "the Corporation"). If there is a conflict between the requirements of these Regulations and those of any other rules or bye laws, these Regulations shall prevail. Provided, however, that in respect of areas included in a finally sanctioned Town Planning Scheme, if there is a conflict between the requirements of these Regulations and the Town Planning Scheme Regulations, the provisions of these Regulations shall prevail, Provided further that, these regulations shall not apply to the Manori- Gorai- Uttan Notified area. (III) Protection: No suit, prosecution or other legal proceedings shall lie against any person for any thing which is in good faith done or intended to be done under the MR&TP Act or any rules or regulations made their under. 2. Definitions of Terms and Expressions (I) Genera l: In these Regulations, unless the context otherwise requires, the terms and expressions shall have the meaning indicated against each of them. (II) Meaning as in the Acts, Rules, etc .: Terms and expressions not defined in these Regulations shall have the same meanings as in the MR&TP Act, 1966 or the Mumbai Municipal Corporation Act, 1888 (Mumbai Act No. III of 1888) and the rules or bye-laws framed there under, as the case may be, unless the context otherwise requires. (III) Terms and expressions neither defined in these Regulations nor defined in (I)and(II) above shall be interpreted with reference to the latest National Building Code in the relevant context. (IV) Definitions. (1) “Access” means clear approach to a plot or a building. (2) "Accessory building" means a building separated from the main building on a plot, and put to one or more accessory/ancillary use. 2 COMPREHENSIVE DCPR 2034 (3) "Accessory/Ancillary use" means use of the building, subordinate and customarily incidental to the principal use. (4) “Accommodation Reservation” means a plot of land reserved for public purpose, where land owner has an option of handing over the specified the part of land along with developed amenity to MCGM, for the intended public purpose free of cost and free from any encumbrances and developing balance land with permissible basic FSI and Development Right (DR) potential of such balance land as permissible under these regulations. (5) "Act"means- (i) The Maharashtra Regional and Town Planning Act, 1966(Mah. Act No. XXXVII of 1966); or (ii) The Mumbai Municipal Corporation Act, 1888 (Mumbai Act No. III of 1888) (6) "Additionand/or alteration" means change from one occupancy to another, or a structural change, such as addition to the area or height, or the removal of part of a building, or a change to the structure, such as the construction or cutting into or removal of any wall or part of a wall, partition, column, beam, joist, floor including a mezzanine floor or other support, or a change to or closing of any required means of ingress or egress, or change to fixtures or equipment, as provided in these Regulations. (7) "Advertising sign" means any surface or structure with characters, letter or illustrations applied there to and displayed in any manner whatsoever out of doors for the purpose of advertising or giving information regarding or to attract the public to any place, person, public performance, article or merchandise, and which surface or structure is attached to, forms part of, or is connected with any building, or is fixed to a tree, or to the ground or to any pole, screen, fence or hoarding or displayed in space or in or over any water body included in the limits of Greater Mumbai i.e. Island City, Suburbs or extended Suburbs as defined in section 3 of the Mumbai Municipal Corporation Act, 1888, and area specified in Part II to IV of Schedule `A` to the Greater Mumbai Laws and Mumbai High Court (Declaration of Limits) Act, 1945. However, advertising sign shall not include hoarding displaying details of the project as per IOD/IOA condition, at the site of the project (8) "Air-conditioning" means the process of treating air to control simultaneously its temperature, humidity, cleanliness and distribution to meet the requirement of an enclosed space. 3 COMPREHENSIVE DCPR 2034 (9) “Alcove” means a cooking place with direct access from the main room without a communicating door. (10) “Amenity Space” means a statutory space provided in any layout/plot to be used for any of the amenities/utilities specified in these regulations 10(A) “Affordable Housing” means social housing in the nature of housing meant for economically weaker section, lower income group having carpet area of 27.88 sq.mt. (300 sq.ft) or of such area as may be decided by Govt. from time to time. (11) "Architect" means a person registered as an architect under the provisions of the Architects Act, 1972. (12) “Atrium” means the area comprised of entrance lobby or common entrance hall of the building or common area at any single floor level which serves as a Common Open Spaces for more than one floor. (13) "Automatic sprinkler system"means an arrangement of pumps,pipes and sprinklers, set to activate automatically on detection of fire inside the building and spray water under force to douse fire, simultaneously setting anaudible alarm. (14) "Balcony" means a horizontal projection, including a parapet, hand-rail balustrade, to serve as a passage or sitting out place. (15) "Basement or cellar" means the lower storey of a building below, or partly below the ground level. (16) “Biotechnology Unit” means and includes Biotechnology units which are certified by the Development Commissioner (Industries) or any other officer authorized by himon his behalf. (17) "Building” means a structure, constructed with any materials whatsoever for any purpose, whether used for human habitation or not, and includes- (i) Foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms; (ii) Verandahs, balconies, cornices, projections; (iii) part of a building or anything affixed thereto; (iv) any wall enclosing or intended to enclose any land or space, signs and outdoor display structures; (v) tanks constructed for storage of chemicals or chemicals in liquid form; (vi) all types of buildings defined in (a) to (r) below; but tents, shamian as and tarpaulin shelters erected for temporary purposes for ceremonial occasions, with the permission of the Commissioner, shall not be considered to be "buildings". 4 COMPREHENSIVE DCPR 2034 (a) "Assembly building" means a public building or part there of where groups of people congregate or gather for amusement, recreation, social, religious, patriotic, civil, travel and similar purposes. "Assembly buildings" include buildings of drama and cinema theatres, drive-in- theatres, assembly halls, city halls, town halls, auditoria, exhibition halls, museums, mangalkaryalayas, skating rinks, gymnasia, stadia, restaurants, eating or boarding houses, places of worship, dance halls, multipurpose hall, clubs, gymkhanas, malls, road, air, sea or other public transportation stations, and recreation piers. Public for this purpose shall mean use open for public at large. (b) "Business building" means any building or part there of used for transaction of business and/or keeping of accounts and record there for; offices, banks, professional establishments, IT establishments, call centers, offices for private entrepreneur provided their principal function is transaction of business and/or keeping of books and records. (c) "Detached building” means a building with walls and roofs independent of any other building and with open spaces on all sides. (d) "Educational building" means a building exclusively used for a school or college, recognized by the appropriate Board or University, or any other competent authority involving assembly for instruction, education or recreation incidental to educational use, and including a building for such other uses incidental there to such as a library, multipurpose hall, auditorium or a research institution. It shall also include quarters for essential staff required to reside in the premises, and a building used as a hostel captive to an educational institution whether situated in its campus ornot, Hostel for Girls student. (e) "Hazardous building" means a building or part there of used for- (i) storage, handling, manufacture or processing of radio active substances or of highly combustible or explosive materials or products which are liable to burn with extreme rapidity and/or producing poisonous fumes or explosive emanations; (ii) storage, handling, manufacture or processing which involveshighly corrosive, toxic or noxious alkalis, acids, or other liquids, gases or chemicals producing flame,fumes and explosive mixtures or which result in division of matter into fine particles capable of spontaneous signition. (f) "Industrial building" means a building or part there of wherein products or material are fabricated, assembled or processed, such as assembly plants, laboratories, power plants, refineries, gas plants, mills, dairies and factories (g) "Institutional building" means a building constructed or used for education, health, research and such other activities, hostel for working women/persons/students, but not for lodging or for an auditorium or complex for cultural and allied activities or for an 5 COMPREHENSIVE DCPR 2034 hospice, care of persons suffering from physical or mental illness, handicap, disease or infirmity care of orphans, abandoned women, children and infants, convalescents, destitute or aged persons and for penal or correctional detention with restricted liberty of the inmates ordinarily providing sleeping accommodation, and includes dharamshalas, hospitals, sanatoria, custodial and penal institutions such as jails, prisons, mental hospitals, houses of correction, detention and reformatories. (h) “Information Technology Building” means a building used for the purpose of business of developing either software or hardware or providing IT enabled services as defined in IT policy amended from time to time. (i) "Mercantile building" means a building or part there of used as shops, stores or markets for display and sale of wholesale or retail goods or merchandise, including office, storage and service facilities incidental thereto located in the same building. (j) "Office building" (Premises), means a building or premises or part thereof whose sole or principal use is for an office or for office purposes. "Office purposes" includes the purpose of administration, handling money, telephone, telegraph and computer operation and such other activities; and including writing, book-keeping, sorting papers, typing, filing, duplicating, data processing, drawing of matter for publication and editorial preparation of matter for publication and such other activities. (k) “Public Building” means a building used or intended to be used either ordinarily or occasionally by the public such as; (a) offices of Central or State Government or any Public-Sector Undertaking or Statutory Authority or Local Authorities or (b) buildings such as; i. temple, mosque, church, chapel, or any place of public worship. ii. public or private college, school, library, or places of educational facilities. iii. cinema, public concert hall, drama theatre, auditorium, sports complex, sports facility, theatre for cultural activities. iv. public hall, welfare centre, exhibition hall, Museum or any other place of assembly. v. hospital, maternity home etc. or any other place of medical facility. vi. market, shopping centre, departmental store or mall with or without multiplex or any other place of retail and whole sale merchandise. vii. railway station, metro/mono rail station, bus station, airport or any other public transport terminal. viii. public or private hospital (l) "Residential building" means a building in which sleeping accommodation is provided for normal residential purposes, with or 6 COMPREHENSIVE DCPR 2034 without cooking or dining facilities, and includes one or more family dwellings, lodging or rooming houses, hostels, dormitories, apartment houses, flats, and private garages of such buildings. (m) “Semi-detached building" means a building detached on three sides. (n) “Special building" means- (i) a building solely used for the purpose of a drama or cinema theatre, a drive-in-theatre, an assembly hall or auditorium, an exhibition hall, theatre museum, a stadium, a "MangalKaryalaya",exceeding built-up area of 1000 sq.m. or where the built-up area of such a user exceeds 1000 sq.m in the case of mixed occupancies; (ii) an industrial building; (iii) a hazardous building; (iv) a building of whole sale establishment; (v) Educational, Institutional and residential hotel building or centrally air- conditioned building which exceeds (a) 15m in height,or (b) a total built-up area of 1000 sq.m. (o) "Storage building" means a building or part there of used primarily for storage or shelter of goods, wares or merchandise, warehouse, cold storage, freight depot, transit shed, storehouse, public garage hangar, truck terminal, grain elevator and barn. (p) “Temporary Building/structure” means any building/structure of whatever size and of whatever material which the Commissioner has allowed to be built as a temporary measure in accordance with Regulation No 57. (q) "Unsafe building" means a building which- (i) is structurally unsafe, (ii) is in sanitary, (iii) is not provided with adequate means of egress, (iv) constitutes a fire hazard, (v) is dangerous to humanlife, (vi) in relation to its existing use, constitutes a hazard to safety or health or public welfare by reasons of inadequate maintenance, dilapidation or abandonment. (r) "Wholesale establishment" means an establishment wholly or partly engaged in wholesale trade and manufacturers wholesale outlets, including related storage facilities, warehouses and establishments engagedin truck transport, including truck transport booking agencies. (18) "Building line" means the line up to which the plinth of a building extends in any development. (19) "Built-up area" means the area covered by a building on all floors including cantilevered portion, if any, but excluding cladding and areas specifically exempted under these Regulations for the purpose of computation of FSI. 7 COMPREHENSIVE DCPR 2034 (20) "Cabin" means a non-residential enclosure constructed of non-load bearing partitions. (21) “Canopy” means a cantilevered projection over any building entrance. (22) "Carpet area" would have the same meaning as defined in Real Estate (Regulation and Development) Act, 2016. ” (23) "Chimney" means a construction by means of which a flue is formed for the purpose of carrying products of combustion to the open air and includes a chimney stack and the flue pipe. (24) "Chajja" means astructural overhang provided over openings on external walls for protection from the weather. (25) "Chowk" means a fully or partially enclosed space permanently open to the sky within a building at any level; inner chowk being enclosed on all sides and an outer chowk having one unenclosed side. (26) "Chute" means a vertical system passing from floor to floor provided with ventilation and inlet openings for receiving refuse from successive floors with or without sprinklers for cleaning and ending at the ground floor on the top of the collecting chambers. (27) “Cluster” means any defined area with proper access comprising dwelling units, buildings, chawls, etc. (28) "Combustible material" means that material which when burnt adds heat to a fire when tested for combustibility in accordance with the IS: 3808- 1966 Method of Test for combustibility of Building Materials, National Building Code. (29) Commissioner means Municipal Commissioner of Greater Mumbai or any other officer designated by him. (30) "Contiguous holding" means contiguous piece of land under one ownership irrespective of separate property register cards. (31) “Conversion” means the change of occupancy or premises to any occupancy or use requiring development permission. (32) "Convenience shopping,” means shops, each with a carpet area not exceeding 30 sq.m except where otherwise indicated and comprising those dealing with day to day requirements, as distinguished from wholesale trade or shopping, provided on the ground and/or first floor of building with internal means of access. It includes- (i) Food grain or ration shops, (ii) Panshops. (iii) Shops for collecting and distribution of clothes and other materials for cleaning and dyeing establishments. Original Notifications shall be referred for perspicuity 8 8 COMPREHENSIVE DCPR 2034 (iv) Tailor or darner shops. (v) Groceries, confectioneries, wine and general provision shops (vi) Hair dressing saloons and beauty parlours. (vii) Bicycles hire and repair shops. (viii) Vegetable and fruits shops. (ix) Milk and milk products shops. (x) Medical and dental practitioners’ dispensaries or clinics, pathological or diagnostic clinics and pharmacies, each with a carpet area not exceeding 100 sq. m. (xi) Florists. (xii) Shops dealing in ladies’ ornaments such as bangles,etc. (xiii) Shops selling bakery products. (xiv) Newspaper magazines stalls and circulating libraries. (xv) Books and stationery shops or stores. (xvi) Cloth and garment shops. (xvii) Plumbers', electricians, radio, television and video equipment repair shops and video libraries. (xviii) Restaurants and eating houses of area not exceeding 150 sq. m (xix) Shoes and sports shops each with a carpet area not exceeding 100 sq.m. (xx) Coaching Classes with a carpet area not exceeding 100 sq.m. (xxi) Gymnasium not exceeding 150 sq.m. (xxii) Any other shop covered under the definition of convenience shopping, to whom license under the shops and establishment has been issued under the MMC Act. With the special permission, the Commissioner may from time to time add to, alter or amend the above list. (33) "Corridor”means a common passage or circulation space including a common entrance hall. (34) "Courtyard" means a space permanently open to the sky within the site around a structure or surrounded by structure and may be paved/ concreted. (35) “Curb Cut” meansa small solid (usually concrete) ramp that slopes down from the top surface of a side walk or footpath to the surface of an adjoining street. It is designed for ease of access for pedestrians, bicyclists and differently abled people. (36) “Demonstrable Hardship” Demonstrable hardship means plot under development/ redevelopment affected due to Nalla, Nallah/river buffer, road widening, height restriction due to statutory restriction as per these Regulations such as railway buffer, height restrictions in the vicinity of Airport, height restriction in the vicinity of defence establishments, and/or any other restrictions as per the provisions of these Regulations affecting the project, odd shape plot, rehabilitation of existing tenants/occupants on small size plot/s etc. Original Notifications shall be referred for perspicuity 9 9 COMPREHENSIVE DCPR 2034 (37) “Developer/Builder/Project Proponent” means the person who is legally empowered to carry out the development. (38) "Dharmashala" means a building used as a place of religious assembly, a rest house, a place in which charity is exercised with religious or social motives, or a place where in a certain section of people have a right of, or are granted, residence without payment or on nominal payment. (39) "Drain" means a system or a line of pipes, with their fittings and accessories such as manholes, inspection chambers, traps, and gullies, floor traps used for drainage of buildings or yards appurtenant to the buildings within the same curtilage. A drain includes an open channel for conveying surface water or a system for the removal of any liquid. (40) “Dwelling Unit/Tenement” means an independent housing unit with separate facilities for living, cooking and sanitation. (41) “Eating House” means any premises where any kind of food is prepared or supplied for consumption of public (42) "Enclosed staircase" means a staircase separated by fire resistant walls and door from the rest of the building. (43) “Energy Efficient Building” means the building (having connected load 100 KW or greater and having conditioned area of 1000 sq. m or more) compliant with the provisions of ECBC code. (44) “Escalator” means a power driven, inclined, continuous stairway used for ascending or descending between floors or bridge over the road/railway line. (45) "Escape route" means any well ventilated corridor, staircase or other circulation space, or any combination of the same, by means of which a safe place in the open air at ground level can be reached. (46) "Existing building" means a building or structure existing authorisedly before the commencement of these Regulations. (47) "Existing use” means use of a building or a structure existing authorisedly before the commencement of these Regulations. (48) "Exit" means a passage channel or means of egress from any building, storey or floor area to a street or other open space of safety; horizontal, out side and vertical exits having meanings at (i), (ii) and (iii) respectively as under: (i) "Horizontal exit" means an exit which is a protected opening through or around a fire wall or a bridge connecting two or more buildings. Original Notifications shall be referred for perspicuity 10 10 COMPREHENSIVE DCPR 2034 (ii) "Outside exit" means an exit from a building to a public way, to an open area leading to a public way or an enclosed fire resistant passage leading to a public way. (iii) "Vertical exit" means an exit used for ascending or descending between two or more levels, including stairways, smoke-proof towers, ramps, escalators and fire escapes. (49) "External wall" means anouter wall of a building not being a partition wall even though adjoining a wall of another building and also means a wall abutting on an interior open space of any building. (50) "Fire and/or emergency alarm system" means an arrangement of call points or detectors, sounders and other equipment for the transmission and indication of alarm signals, activated automatically or manually in the case of fire or other emergency. (51) "Fire Booster pump" means a mechanical/electrical device installed at intermittent level to boost up the water pressure so as to achieve the required pressure of 3.2 kg/cm2 at the top level of high rise building or at the nearest point. (52) "Fire lift" means a special lift designed for the use offire service personnel in the event of fire or other emergency. (53) "Fire proof door" means a door or shutter fitted to a wall opening, made of fire resistant material to prevent the transmission and spread of heat and fire for a specified period. (54) "Fire Pump" means a machine, driven by external power for transmitting energy to fluids by coupling the pump to a suitable engine or motor, which may have varying outputs/capacity but shall be capable of having pressure of 3.2 kg/cm2 at the topmost level of a high rise building. (55) "Fire resistance" means the duration of time which a fire resistant material i.e. material having a certain degree of fire resistance, fulfills its function of contributing to the fire safety of a building when subjected to prescribed conditions of heat and load or restraint. The fire resistance test of structures shall be done in accordance with IS: 3809-1966 Fire Resistance Test of Structure. (56) "Fire separation" means the distance in meters measured from any other building on the site or from another site, or from the opposite side of a street or other public space to the building. (57) "Fire service inlet" means a connection provided at the base of a building for pumping up water through i n- built fire-fighting arrangements by fire service pumps in accordance with the recommendations of the Chief Fire Officer. Original Notifications shall be referred for perspicuity 11 COMPREHENSIVE DCPR 2034 (58) "Fire tower" means an enclosed staircase which can only be approached from the various floors through landings or lobbies separated from both the floor area and the staircase by fire-resisting doors and open to the outer air. (59) “Fitness centre/Yogalayain a building” means and includes the built- up premises including toilet facilities provided in the building including gymnasium for the benefit of its inmates and for the purpose of fitness, physical exercises, yoga, reading and such other activities as may be permitted by the commissioner from time to time. (60) "Floor" means the lower surface in a storey on which one normally walks in a building, and does not include a mezzanine floor. The floor at ground level with a direct access to a street or open space shall be called the ground floor; the floor above it shall be termed as floor 1, with the next higher floor being termed as floor 2, and so on upwards. (61) "Floor space index (FSI)" means the quotient of the ratio of the combined gross floor area of all floors, excepting areas specifically exempted under these Regulations, to the area of the plot, viz.: Floor Space Index (FSI) = Total covered area on all floors Plot area (62) "Footing" means a foundation unit constructed in brick work, stone masonry or concrete under the base of a wall or column for the purpose of distributing the load over a large area. (63) "Foundation" means that part of the structure which is in direct contact with and transmitting loads to the ground. (64) "Front Open Space" means the space between the boundary line of aplot abutting the means of access/road/street and the building line. Plots facing two or more means of accesses/roads/streets shall be deemed to front on all such means of accesses/roads/streets. (65) “Fungible Compensatory Area” means any built-up area permitted over and above the admissible FSI by a special permission of the Commissioner in accordance with the Regulation No. 31(3). (66) "Gallery" means an intermediate floor or platform projecting from a wall of an auditorium or a hall, providing extra floor area, and/or additional seating accommodation. It also includes the structures provided for seating in stadia. (67) “Gaothan” means portion of the land shownas such in the Revenue Records. Original Notifications shall be referred for perspicuity 12 COMPREHENSIVE DCPR 2034 (68) "Garage" means a place within a project having a