Professional Documents
Culture Documents
2021
DCPR 2034 – REG 33(9)
Approval Process and Regulation
33(9) MODIFICATION APPROVED AS ON 08.07.2021 - applicable till date
Process of approval
To submit file in building proposal to Dy Ch Eng (Bp) with proposed planning , EIA-
environment impact assessment and TIA –Traffic impact assessment report – at local –
city level ( Compulsory as per 33(9)(2) proposal wont be accepted ) , consent copies -
51% individual blg -60% scheme, Title search , ownership 70% , reservation – user
department NOC , if estate – estate NOC formal /LOI
2) Agenda approval for HPC – MC approval , Agenda Circulation and meeting HPC , In HPC also take order for
MHADA to appoint designated officer to certify list of tenants
5) on receipt of approval by Govt.( upto CM, GOM) issue of LOI by Director (ES& P)
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33(9) MODIFICATION APPROVED AS ON 08.07.2021 - applicable till date
33(9) (5)(c )
For purpose of existing "Carpet area"/ rehabilitation “carpet area” means the net usable floor area within
a tenement excluding that covered by the walls or any other areas specifically exempted from floor space
index computation as per then/prevailing Regulation but including the areas of balcony if allowed free of
FSI as per then Regulation – MOFA carpet + common carpet area – if earlier in FSI + balcony = Total carpet
area x 1.2 is protected carpet min
In Suburb – if staircase was free of FSI will not be added in common carpet area but
balcony will be added so existing FSI will exceed 1.00
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33(9) MODIFICATION APPROVED UNDER 37(1)(AA)(C) AS ON 08.07.2021 till date
33(9) 1.2
Earlier – (ii) (a) AUTHORISED Buildings at least 30 years of age and acquired by MHADA
under MHAD Act, 1976.
Now proposed (ii) (a) Buildings at least 30 years of age and acquired / reconstructed by
MHADA under MHAD Act, 1976.
Provided further that HPC / Municipal Commissioner may consider buildings
reconstructed by MHADA having age less than 30 years on specific recommendation by
MHADA. Buildings of central Govt. , State Govt., Semi Govt , MCGM, Institutional ,
office more than 30 years old
Slum not more than 50% and other buildings due to disrepair /Dangerous / unsafe
certified by MHADA/MCGM
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33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date
33(9) 2A.iii
Earlier Mezzanine allowed if constructed prior to 13/06/1996 and regularized
subsequently shall be allowed for rehab and incentive
Now proposed : OR assessed by MCGM and reflected in Inspection Extract year 1995-
1996 shall be eligible for rehabilitation and incentive FSI. Provided that necessary
charges for regularization of mezzanine floor shall be recovered and necessary condition
to that effect shall be incorporated in IOD.
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33(9) MODIFICATION APPROVED AS ON 08.07.2021 applicable upto date
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33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date
Again
increased
is 30% not
double
Needed as
in last 15
years only
5/6
schemes
approved
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33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date
33(9)(9)[-30% of the incentive FSI can be used for nonresidential purposes as otherwise
permissible under the DCPR. or 50% with the approval of Municipal Commissioner.
Additional if required can be approved by HPC and MC special sanction and GOM
approval as per HPC recommendation .
33(9) 13.4
CD plot abuts a DP Road having width of 18.3 m and above. The front marginal open
space shall not be insisted upon beyond 3.0 m provided such road is not an Express
Highway or a road wider than 52 m.
However, with the condition that for the CDS fronting 12.00 mtr wide road, the Front Open
Space (FOS) will be 4.50 mtr in City and Suburbs. HPC can condone side open space
except Front open space for that GOM approval required
LOS required 10% + additional 10% under 33(9) -13.11 required - it can be adjusted
against DP reservation/Land component – built up amenity to be handed over to BMC –
HPC order required –MOEF implication now required entire to be on mother earth
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33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date
33(9)(13.8)
13.2 Notwithstanding anything contained in Regulation No.31(1), areas of common passages not exceeding 2.00 m in width,
provided for giving access to the tenements in rehabilitation component and the tenements to be handed over against
reservation and MHADA component shall not be counted towards FSI.
Note : Augmentation of CDS is not permitted if 75% CC issued of total permissible BUA and NEW CDS
added to be not less 75% os min area required for CDS i.e. 3000 sq.m in city and min 4500 sq.m in
suburb – this is after issue of LOI . However deletion of any area permissible
Temporary transit allowed in same CDS or elsewhere in MCGM upto FSI 4.00 and 75% FSI restricted
till then
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33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date
Proposed modification awaited – to not insist HRC upto 250 m as per notice issued by UD on
13.06.2022 under 37(1)AA of MRTP act
Note : CDS in phases is allowed provided if CDS is 8000 sqm in city and 12000 sq.m in suburb with
pro rata utilization of FSI of total permissible FSI and each phase to be 4000 sq.m in city and 6000
sq.m in Suburb and incentive will be as per area of plot in each phase in table A not TOTAL
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33(9) MODIFICATION APPROVED AS ON 08.07.2021 – applicable till date
• No reduction in charges
15.07.2021 14
DCPR 2034 – REG 33(7)
Approval Process and Regulation
33(7) – DCPR 2034
Redevelopment of ..
Cessed buildings – where repair cess was levied under MHADA act 1969-
1971, MHADA act 1976 (rents were frozen at the year 1940 as per the provisions of the Rent
Control Act, formed the Bedekar Committee in the year 1968. and there after detailed regulation
33(7) was formulated as per Study Group under the Chairmanship of Shri D.M. Sukhtankar, former
Municipal Commissioner after numerous meetings of all stake holders Tenants /Landlords etc )
• De-cessed buildings – Buildings which use to pay repair cess and thereafter due to
ownership or formation of society have now been de-cessed. –FSI 2.5 – no increase in FSI
3 Up to 4 80 % 90 % 100%
Benefit to rehab 5% 8% 15%
Note : There is no Change in FSI for FSI 3.00 + 5%/8%/15% Add BUA to rehab schemes
2) Plots with railways / AAI/ Heritage Buffer of Grade I and II can now be
developed as consumption of plots affected will be restricted and
balance potential can be shifted to another plot to make schemes
viable
3) Restriction due to small plots and high density areas of B/C/D wards –
lack of road width access to consume full height 6.0m to 9.0m
Clubbing of scheme :-
At the option of the owner / developer two or more schemes under this regulation can be permitted to be
integrated. A developer / developers making an application under this regulation may club more than one plot
belonging to single or multiple owners. Rehab as well as sale component BUA of the plot shall be allowed to be
clubbed with other plots provided all right holders of these plots agree and make a joint application.
1. Premium The developer shall have to pay a premium equal to 30% of difference as per ASR of the plots where
such clubbing have been permitted . ( land not sale value )
2. The premium shall be paid to the Planning Authority in two stages 50% at the time of further C.C. above plinth
and 50% at the time of issuing full C.C.
3. Out of the total premium amount collected under this Regulation shall be shared in 1/3 proportion by
Government, MCGM & MHADA shall be kept in the separate account to be utilized for infrastructure
improvement 2.
4. Conditions a. The clubbing of scheme will be allowed after the due approval of the Commissioner and he is
satisfied with hardship as per the provision of the DCPR. b.
5. Such clubbing can be allowed for the schemes falling within the distance of 10 km.
Note : Clubbing doesn’t not entitle plot owners for higher FSI as per provision of 33(7)(5)
MODIFIED DCPR 2034 – REG 33(7) & 33(9) AS ON 08.07.2021
15.07.2021
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33(7) Clubbing of Schemes
Scheme plot 1 – FSI 3.00 Scheme plot 2 – Incentive Total FSI on scheme = 4725 +
4050 sq.m = 8775 sq.m
1) Plot Area - 1000 sq.m 1) Plot Area - 1000 sq.m
Now Proposed to consume FSI
2) FSI - 3.00 2) FSI - 75% on in plot 1 – 2000 sq.m
rehab 2000sq.m
3) Total BUA - 3000 sq.m And in plot 2 – 8775- 2000 =
3) Total BUA - 3500 sq.m 6775 sq.m excess area from
4) Fungible -1050 sq.m plot 1 to plot 2 = 2050 sq.m
4) Fungible -1225q.m
5) Total BUA - 4050sq.m Add premium payable to
(A) 5) Total BUA - 4725sq.m planning authority = 2050 x
(b) (12500 – 98000) = 27000 x 30%
6) Land ASR - 98000/- 6) Land ASR - 1,25,000/- = Rs 1,62,00,000/- Benefit to
per sq.m per sq.m MCGM
1) An integrated development scheme (IDS) Shall be submitted with table as per Annexure A , specifying Total
permissible BUA , consumed BUA in situ and balance permissible BUA to be clubbed with another scheme with
details of File no , and total FSI being clubbed with that scheme
2) Letter from owner of generating plot specifying details to be clubbed with other plots
3) In case of multiple generating plots providing to same receiving plot, plans hardship Shall be processed by SE of
plot generating higher FSI for clubbing
4) On approval of concession by Hon. MC on generating plot for clubbing, IDS shall be got approved as a
separate layout File under 302 of MMC act of CS no of generating plot .
5) The said approved IDS shall be attached in all generating plots for all further approval or amendment as
first sheet
6) In case of lease hold plots/Municipal tenanted plots of BMC , Formal NOC for clubbing shall be insisted before
issue of approval of IDS.
Procedure guidelines for receiving plot
1) On approval of IDS on generating plot , concession for receiving plot shall be submitted
for approval of Hon MC with copy of IDS being first sheet of approval
2) Plans shall be got approved for Receiving plot only on submission of registered document for
purchase of FSI
3) 50% CC for Sale portion shall be issued once 100% Rehab CC given to generating plot
I. Structure situated outside the original plot but included fully or partly within the final plot allotted to a person
in the TP Scheme.
ii. Structures which are partly included in the final plot allotted to a person and partly included in the roads sites
reserved for public purpose/adjoining final plot.
iii. Structures which are included in the TP Scheme area but situated outside the final plot allotted to a person
and are affected by sites reserved for public purpose, provided the Planning Authority has no objection for
rehabilitation of such structures.
iv. However, structures included in the common area comprising of original plots and final plots shall not be
treated as contravening structures.
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REGULATION NO XXXIII
In a scheme where removal of tolerated/protected structures falling in the alignment of existing road or widening
of existing road for which road line has been prescribed or DP Road and re-accommodation of these
tolerated/protected structures in the same administrative ward has been proposed for the expeditious removal of
bottlenecks, the FSI may be allowed to be exceeded above the permissible FSI
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REGULATION NO XXXIII
DCPR 33(12) – certification Combination scheme 33(12) B with any other than 33(7) Combination scheme 33(12) B with 33(7)
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DEVELOPMENT CONTROL & PROMOTIONAL REGULATIONS FOR GREATER MUMBAI 2034.
33(12)(b)(n) : The fungible compensatory areas shall be permissible for rehab without charging premium and to
the incentive BUA by charging premium.
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REGULATION NO XXXIII
What is the carpet area definition for PAP component when combined with 33(7)
for 33(7) carpet area “For purpose of rehabilitation existing "Carpet area"/rehabilitation “carpet area” means the net usable
floor area within a tenement excluding that covered by the walls or any other areas specifically exempted from floor space
index computation as per then/prevailing Regulation but including the areas of balcony if allowed free of FSI as per
then Regulation.”
For 33(12) above not specified so it will be as per DCPR Reg 2(22) "Carpet area" would have the same meaning as defined
in Real Estate (Regulation and Development) Act, 2016. ”
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Sr.no Description Cost inRs
4 Fungible
Rehab Free 11.71
Sale by premium 5.85
5 Total FSI with Fungible 67.74 10 RERA carpet from Sale approx 225.03
11 Cost per sqft 28420.17
6 Construciton Area approx 60% loading 108.38 12 Cost without estate OTP 23161
7 ASR assumed 102800.00 Assume Cost of PAP assuming cess structures with
13 TOT 7,500,000.00
8 Cost Analysis
a Premium 14 Total Cost 13,895,528.40
Scrutiny Fee 86/- on construciton Area 9320.51
IOD desosit 1/- per sqft on BUA 729.11
Development Charge BUA x ASR x 4% 278531.46 15 Total RERA carpet of rehabPAP + Sale approx 62.71875
OSD -BUA x ASR x 25% 580273.88
Staircase lift premium 30% on BUA x RR x 25% 522246.49 16 Cost per sqft of (g) above 20582.77767
EWC /SC -580/-Per sq.m on Construction Area 62859.24
Fire capitation Fee 59/- on construciton Area 6394.30
HE NOC =-19/- on Construciotn Area 2059.18
Estate OTP - assumed -POLICY PENDING SALE
BUA x ASR x 50% for BUA and 5% for Sale
Fungible 1183371.86
Others 250000.00
Total of A 2895786.02
b Construction cost 3000/- per sqft 3499742.38
9 Total Cost of one PAP and sale with Fungible 6395528.40
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REGULATION NO XXXIII
Can This Scheme be done in combination with other schemes like Society redevelopment 33(7)B, 33(7)A, with Reg 30
Vacant plot etc
Read : PART V- FLOOR SPACE INDEX , 30. Floor Space Indices & Floor space / Built-Up Area (BUA)computation,
Tenement Density and Protected Development
and only in case of 33(7) – FSI 3.0 on gross plot and FSI 1 on net plot
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New Procedure for certification of 33(12)B – PAP .
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New Procedure for certification of 33(12)B – PAP .
33
New Procedure for certification of 33(12)B – PAP .
34
REGULATION NO XXXIII
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DCPR 2034 – REG 33(11)
Requirements for 33(11) – Planning authority – SRA
1. Additional FSI over & above Zonal (basic) FSI may be released in
correlation to the BUA of the tenements that are required to be
handed over free of cost to SRA/ MCGM as the case may be.
Alternatively, TDR in lieu of unconsumed sale component of additional
FSI, as per this Regulation, may be permitted for Permanent Transit
Camp (PTC) for which SRA will be the Planning Authority for the
purpose of this regulation, BUA of PTC tenements shall be calculated
as per clause 3.2 of Regulation 33(10).
1 2 3 4 5 6 7
Island City 12 m Upto 3.0 1.33 Upto 1.67
63% 37%
18 m Upto 4.0 1.33 Upto 2.67
Subject : Methodology for development of AH/R&R on Private plots under Regulation 33(20)(B)
of DCPR 2034.
• As per Reg. 33(20)(B), total FSI upto 4 is permissible for plot abutting 18 m wide road. Accordingly, following FSI shall
be permissible on the said plot –
Basic FSI Additional Admissible Permissible Additional Additional Additional
FSI on payment TDR FSI FSI under FSI for AH/R&R FSI for sale
of 33(20)(B) Component
Premium
(1) (2) (3) (4) (5) (6) (7)
1.00 0.5 0.9 2.4 4-2.4 50% x 1.6 50% x 1.6
= 1.6 = 0.8 = 0.8
FSI for AH / R&R = 0.8; FSI for Sale = 3.2
Permissible FSI for Reg. 33(20)(B) as per New Guidelines
Location Min. Total Zonal Premium Admissible Additional % of % of
Road Permissible FSI FSI TDR upto FSI as per Additional additional
Width FSI upto Upto 33(20)(B) FSI for FSI for sale
AH/R&R Component
1 2 3 4 5 6 7 8 9
63% 37%
Island 12m 2.4 / 3.0 1.33 0.62 0.45 0.60 0.38 0.22
City 18m 2.7 / 4.0 1.33 0.73 0.64 1.30 0.82 0.48
27m 3.0 / 4.0 1.33 0.84 0.83 1.00 0.63 0.37
50% 50%
Suburbs & 12m 2.2 / 3.0 1.00 0.50 0.70 0.80 0.40 0.40
Extended 18m 2.4 / 4.0 1.00 0.50 0.90 1.60 0.80 0.80
27m 2.5 / 4.0 1.00 0.50 1.00 1.50 0.75 0.75
Suburbs
Premium Relaxations for 33(20)(B) as per Circular dt. 04.07.2022
In the Illustrative case previously discussed, such Proportionate Basic FSI will be
equal to 0.8/1.50*=0.53
• Offsite Infrastructure Charges at the rate of 7% of RR land rate are applicable for
BUA beyond zonal (basic) FSI.
• The request for waiver of the said charges for 33(20)(B) is being forwarded to
Urban Development Department for suitable directions.
Stages of release of Additional FSI under 33(20)(B)
Additional FSI over and above permissible FSI (as per Table 12 of Reg 30
(A)) may be released in co-relation to BUA of tenements required to be
handed over free of cost to MCGM in proportion of 0.50 Sale : 1AH /
R&R area; and 100% sale area will be released only after handing over of
entire AH/R&R tenements.
Illustrative Case for 33(20)(B)
Sample FSI calculation for 33(20)(B) Combination Scheme
• Plot location = Suburbs, Road width = 18.3m, Existing BUA - Nil.
Particulars Area (sq.m.)
PLOT AREA 7,400
ROAD SETBACK 100
NET PLOT 7,300
AOS 5% 365
Balance plot area for FSI 6,935
a) Base FSI 1.00 6,935
a) Premium 0.50 3,467
a) TDR 0.90 6,241
a) Road FSI 2.00 200
Total (a+b+c+d) 2.43 16,844
Add FSI as per AH = (4-2.43) / 2 = 0.79 5,448
33(20)(B) Sale = (4-2.43) / 2 = 0.79 5,448
Total FSI 4.00 27,740
Balance FSI for Sale = 4.00 – 0.79 3.21 22,292
Add fungible FSI 35% 7,802
Total Sale FSI (including fungible) = 30,094
Comparison of 33(9), 33(11) & 33(20)(B)
*Note: Permissible on existing 12 m wide road, subject to availability of 18.3 m wide road
within 500 m distance
Comparison of 33(9), 33(11) & 33(20)(B)
Parameters 33(9) 33(11) 33(20)(B)
Plot Area to be Plot Area excluding Plot area including road Plot area excluding road
considered for FSI road but including setback,but excluding setback & amenity
proposed amenity amenity
LOS / RG 10% + 8% 15% to 25%
10% additional LOS (depending on plot
area)
Amenity Space To be provided as per To be provided as per To be provided as per
Regulation 14 (A) Regulation 14 (A) / Regulation 14 (A) / 14
/ 14 (B) 14 (B) (B)
Minimum Commercial N/A Min. 25% of Basic FSI shall Min. 25% of Basic FSI shall
area Required be used for shops be used for convenience
shopping.
Comparison of 33(9), 33(11) & 33(20)(B)
Carpet area of PTC / AH / As per MHADA NOC 300 sq. ft. for resi. PTC & 225 As required for EWS, LIG &
MHADA tenement to be (generally 300 ~ 350 sq. sq. ft. for project affected MIG as decided by Govt.,
ft.) comm. tenements. subject to minimum 269 sq.
ft.
Open Space 10% of Normal Premium 10% of Normal Premium Normal Premium on TDR &
Deficiency Premium FSI;
10% of Normal Premium on
AH & Proportional Base FSI
Staircase Premium No premium for Rehab & No premium for Rehab & Normal Premium on TDR &
Composite Bldg; Composite Bldg; Premium FSI;
Normal Premium for Sale in 10% of Normal Premium for 10% of Normal Premium on
non composite building Sale in non composite AH & Proportional Base
FSI (Clarity required)
Comparison of 33(9), 33(11) & 33(20)(B)
Development Charges Applicable for Rehab & Applicable for Sale Applicable for Rehab &
Sale Component Component Sale Component
FSI & Cost Comparison of 33(9), 33(11) & 33(20)(B)
Case – 1 :
• Location: Suburbs
• Rehab BUA commitment assumed (as per 15% + 35%) = 9780.75 sq. m.
• Location: Suburbs
• Rehab BUA commitment assumed (as per 15% + 35%) = 9780.75 sq. m.