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amibrahim



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Posts: 262

PostPosted: Tue Dec 01, 2009 10:19 am    Post subject: TDR & Premium FSI Valuation Reply with quote

 A.     M. Ibrahim. B. Arch, FIV.

Kadayanallur – Tamil Nadu

 

TDR & PREMIUM FSI VALUATION (AS per Chennai Building Code)

 

TDR & Premium FSI Valuation as per Regulation 9 of Development Regulation & the Regulations in Annexure XXI & XXVII of Second Master Plan 2026 for Chennai.

 

In certain circumstances, the development potential of the whole or a part of the plot/site may be separated from the land itself and may be made available to the land owner in the form of Transferable Development Rights (TDR) excepting in the case of existing or retention users, or any compulsory reservation of space for public purpose or recreational use or EWS/social housing etc. in the cases of subdivisions/ layouts/ special buildings/ group developments/ multi-storeyed buildings or such other developments prescribed in these Development Regulations.

 

1.1 Regulation 6 in the Annexure XXI to SMP 2026 of CMDA (Chennai Metropolitan Development Authority): The FSI credit in the form of DRC shall be equal to the surrendered land area multiplied by an FSI of 1.5 multiplied further by factor arrived at by dividing the guide line value of the land surrendered with the guide line value of the land at which the development right transferred is proposed to be received/utilized. Further as an incentive, TDR shall be based on one-and-a-half-times the Guide Line Value. Wherever lands surrendered qualify for FSI of 2.00 or more, the extent of additional FSI allowed in Transfer of Development Rights shall be 0.25. (Revised up to 2013).

 

1.2 Development Rights Certificate (DRC) may be used in one or more site whether vacant or developed or by making additional construction, in consistence with Development Regulation.

 

1.3 Further the FSI of plots shall not exceed 0.5 over and above the normally permissible FSI for that use in those receiving sites.

 

2.0 “Whenever land surrendered qualifies for FSI of 2.00 or more, the extent of additional FSI allowed in TDR shall be 0.25.” as per G. O. Ms. No. 140 of H&U DD dated 6/8/2009.

 

3.0 CMDA Guidelines as per Tamil Nadu Government Gazette No. 45. Part VI – Section I Dated 18 – 11 – 2009.

 

3.1 For arriving at the FSI credit the Guideline Value (GLV) of the land surrendered and the GLV of the DRC utilized shall be with reference to the GLVS at the export and import sites in the year of DRC utilization applied for.

 

3.2 When DRC FSI is utilized in the remaining part of the export site itself

 

Sl. No

Building Type

Where the site (From which the land surrendered) qualifies for FSI of

TDR FSI allowable for the land surrendered

1

Non-MSB (Multi-storey Bldg)

Upto 1.5

2.25

2

MSB

1.75

2.25

3

MSB

2.00 / 2.25

2.5

4

MSB

2.5

2.75

 

 

3.3 When DRC FSI is utilized in a different import site:

 

Sl. No

Building Type

Where the site (From which the land surrendered) qualifies for FSI of

TDR FSI allowable for the land surrendered

1

Non-MSB (Multi-storey Bldg)

Up to 1.5

2.25 x V*

2

MSB

1.75

2.25 x V*

3

MSB

2.00 / 2.25

2.5 x V*

4

MSB

2.5

2.75 x V*

 

 

Notes: V*: Is the multiplication factor arrived by dividing GLV of land surrendered with the GLV of the land at which DRC is proposed to be received / utilized.

 

Valuation Date: January 2014; Formula for Non-slums: TDR FSI Allowance Applicable as per 3.2 & 3.3 (Supra) x Guideline Value (GLV) x 1.5 (GLV Incentive).

 

5.0 The current Guideline Value (GLV) of REGINET (Tamil Nadu Government Registration Department Portal) is used.

 

6.0 Example:

 

·         One  sf Land from Nungampalkam High Road / Uttamar Gandhi Salai (Export Site) to Anna Salai of Nandanam to Jemini Fly over Belt (Import Site);  GLV of Nungampalkam High Road (Export Site) is Rs. 19,305 / sq. ft of vacant land and for Anna Salai (Import Site), it is Rs. 10,500/=; FSI Proposed: 2.0(Case I)

 

Answer: 2.5 x 19,305/10,500 x 19,305 x 1.5 = INR 1,33,101; One sf of land is compensated with 4.60 sf of FSI, which is valued @ 1.5 times of surrendered land GLV.

 

·         One  st of Land from Anna Salai ut supra (Export Site) to Nungampalkam High Road / Uttamar Gandhi Salai (Import Site);  GLV of Nungampalkam High Road is Rs. 19,305 / sq. ft of vacant land and for Anna Salai, it is Rs. 10,500/=; FSI Proposed: 2.0(Case II).

 

·         Answer: 2.5 x 10,500/19,305 x 10,500 x 1.5 = INR 21,263; One sf of land is compensated with 1.35 sf of FSI, which is valued @ 1.5 times of surrendered land GLV.

 

·         One sf of Land from Anna Salai, Near Raheja Tower- GLV is Rs 13,660 per sqft (Export Site) to Anna Salai, a different site (Import Site), GLV Rs 10,500 per sqft; FSI proposed is 2.5 (Case III).

 

Answer: 2.75 x 13,660/10,500 x 13,660 x 1.5 = INR 73,354; One sf of land is compensated with 3.58 sf of FSI, which is valued @ 1.5 times of surrendered land GLV.

 

·         One sf of land is to be acquired for the purpose specified in the TDR for public purposes, the applicant can avail TDR FSI in lieu of compensation by cash. The Export Site is Anna Salai (GLV Supra), the TDR FSI when utilized in the remaining part of the site itself, subject to comply with the development code in force; FSI proposed: 2.0 (Case IV).

 

Answer: 2.75 x 13,660 x 1.5 = INR 56,348; One sf of land is compensated with 2.75 sf of FSI, which is valued @ 1.5 times of surrendered land GLV...

 

Premium FSI

The Second Master Plan for Chennai Metropolitan Area is in vogue since September 2008. The guidelines regarding Grant of Premium FSI vide G. O Ms. No. 163 of H & UD Department dated 9 / 9/ 2009 reads as follows:

 

i) The Premium FSI shall be allowed subject to a maximum of 1 (One) relating the same to the road width parameters as follows:

 

Sl. No              Road width                            Premium FSI

                                                                        (% of normally allowable FSI)

(i)                     18 M & above                                     40%

(ii)                    12 M & below 18 M                           30%

(iii)                   9 M & below   12 M                            20%

 

Ii) Additional benefit by way of Premium FSI accrued to the developer is related to the proportionate land extent.

 

…..The applicant shall have absolute right over the property to make the development in the plot. Retention of undivided share of land will not be recognized for award of Premium FSI.

 

The above theory (Premium FSI) is explained with a case study, which is Case III in the TDR FSI Valuation (supra) and the project site is Export Site. The land owner opts to avail premium FSI first from CMDA and then avail TDR FSI from CMDA.

 

The Property detail:

 

A multi-storey Smart, High density development, Commercial Complex in Anna Salai (ROW is 30.5 m or above) of Chennai with Central Air-conditioning sits on a 13.46 grounds or 32,293 sq. ft. FSI opted is 2.0 Gross construction area (GCA) available is 64,586 sq. ft. Prevailing Guide Line Rate (GLR) in the locality is Rupee 13,660 / sq. ft.

 

·         FSI permissible: 64,586 sq. ft (Say “A”)

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amibrahim



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PostPosted: Thu Jan 30, 2014 7:50 pm    Post subject: TDR & Premium FSI Valuation (continuation-CHennai) Reply with quote

    

 As per the present permission from CMDA, the same land owner of the above property can avail Premium FSI and the below is their accrual after availing Premium FSI:  

·         The Premium FSI accrual: A * 0.4: 25,834 sq. ft (Say “B”)

·         Therefore, Premium  FSI: 1; therefore New FSI (2.0 + 0.80 = 2.80)

·         Premium equivalent Land: {(1 * 1/FSI): 0.50; (New Land 1 + 0.50): 1.50}

·         Equivalent Premium Land: 12,917 sq. ft

·         FSI after availing Premium FS: 90,420 sq. ft. (A + B). The project area permits for option of 2 to 2.5 FSI; in this particular case, including premium FSI total consumed FSI is 2.80. The applicant of this project is eligible to avail TDR in the Open Market through CMDA and build greater than 60.0 M in height subject to special permission from the Government satisfying DCR requirements, the reason is abutting road width is 30.50 M wide.

·         The premium the land owner has to pay: 12,917 x 13660 = INR 17,64,46,220/= for 25,834 sf of built-up area.

______________________________________________________________________

 

4.0 Regulations for grant of Special Transfer of Development Rights (Spl.TDR) for slum resettlers. Annexure XXVII (Approved in G.O. Ms. No.161, H&UD department, dated 15.07.2010 and published in TNGG on 18.08.2010)

    

FSI credit in the form of Special Transfer of Development Rights Certificate (Special TDRC) per slum beneficiary household shall be equal to 30 square metres of floor area multiplied by the factor 1.5 multiplied further by a factor arrived at by dividing the Guide Line Value (GLV) of the land at the emanating site with the GLV of the land at the special TDR receiving site.

FSI credit per slum dwelling = 30 x GLV for emanating site divided by GLV of receiving site x 1.5 sqm.

Tamilnadu Slum Clearance Board is facilitator and CMDA is TDR issuing Authority

__Note: Transferable Development Rights (TDR) shall apply to cases, where a private land is required for-

(i) Any road widening/new road formation as proposed in the Master Plan or DDP,

(ii) Any traffic and transport infrastructure development such as bus stops/stands, metro rail, MRTS etc.

(iii) Any urban infrastructure development such as water supply, sewerage, drainage, electricity, education, health, notified by the State Government Department or Government Agency or local body.

 

 ____________________________________________________________________

 Suggestion for fine-tuning this topic is invited.

Contents:

Vol I: P 1 to 2: Chennai TDR & Premium Valuation.

Vol I: p 3 to 8 TDR Regulation Bombay TDR Regulation

VoL I: P 9: Regulation for Starred Hotlels, Bombay

VoL I: P 10: Fungible FSI ; Volume:1, Page:11: Regulation No. 33 (6) & (Cool

Volume:I, Page: 7 Urban Renewal Schemes Valuation

Volume: I, Page 12 & 13: URBAN RENEWABLE SCHEMES in Island City

Volume: 1: Page: 14; Regulation for Dharavi Notified Area. Slum Valuation

 

 



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PostPosted: Thu Jan 30, 2014 8:51 pm    Post subject: TDR & Premium FSI Valuation (continuation- MUMBAI) Reply with quote

Transferrable Development Rights (TDR) and Premium FSI 

Development Control Regulation of Municipal Corporation of Greater Mumbai (MCGM) 1991 as amended from time to time {(upto March 2014) (DC Regulation 1991)}: 

"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 total area of the plot, viz:

                Total covered area on all floors

FSI: =       ---------------------------------------

                                  Plot area

 

Regulation 32; Table No. 14 

The Basic Floor Space Index (FSI)  for various use zones are given in Table 14 hereunder:

 

Municipal Corporation of Greater Mumbai

Residential Zone (R-1) and Residential Zone with Shop Line (R-2).

Local Commercial Zones (C-1) and District Commercial Zones (C-2) :-

Industrial Zone (I-I), General Industrial Zone (I-2), **Special Industrial Zone (I-3)

Educational Buildings, Medical Institutions and Institutional Buildings-

Government and Semi-Government

offices

Island City

1.33

1.33

1.00

1.33

1.33

Suburbs and extended suburbs

1.00

1.00

1.00

1.00

1.00

 FSI is total built-up area divided by plot area. For example total land area is 1,000 sqm and FSI is 1.33, the built-up area permissible is 1,330 sqm after providing setbacks (Front, Rear and sides marginal open spaces) where applicable. In addition to basic FSI, 0.33 FSI as Premium FSI can be availed by paying premium as per Regulation 32 current annexure. The total maximum permissible FSI, with 1.33 FSI, Road FSI and TDR shall be restricted to 2.00 in suburbs and extended suburbs. No vertical extension of existing building by utilizing 0.33 FSI shall be permitted with erection of columns in the required marginal open space. 

R-35(1): FSI COMPUTATION: FSI computation for new development to be undertaken: Residential & Commercial Zones: Plot extent upto 2,500 sqm, FSI computation is for 2,125 sqm, 2,501-10,000 sqm. Total area excluding 15 percent for recreational/amenity open space and >10,000 sqm, total area excluding 15 percent for recreational open space. However, area of FSI computation shall be 90 percent of net area) after deducting amenity area) in case of change of industrial user to residential user in the suburban area of Greater Mumbai. 

In case of amalgamated plots (2 or more) are more than 2,125 sqm, total area is for FSI computation subject to the following condition: Total amalgamated plots are within 10,000 sqm. No single plot in the amalgamated plot is larger in size than 2,125 sqm and further no individual plot shall have area more than 50 percent of the total amalgamated plots. Recreation Ground (RG) open space is minimum of 15 percent shall be provided. Such amalgamated plot is developed, at no time in future any subdivision would be allowed. 

Industrial Zone: Upto 1,000 sqm, FSI computation shall be for 900 sqm; >1,000 sqm, total area excluding 10 percent (Recreation/Amenity) open space; Industrial layouts: Total area excluding area of construction permissible in open space over 1500 sq.m. According to R-23(2) and excluding 10 per cent out of the area for recreational/amenity open space vides R-23(2) (a)... 

Premium FSI aka TDR FSI from the Government: 

Regulation 32 (B) (iii) is reproduced here: Provided that FSI may be permitted to exceed upto 1.33 subject to following conditions:-

1) Additional 0.33 FSI is optional and non-transferable. It is to be granted as on application and to be used on the same plot.

2) The total maximum permissible FSI, with 1.33 FSI, Road FSI and TDR shall be restricted to 2.00.

3) As per concept of TDR, additional FSI shall be permissible on gross plot area.

4) Premium shall be charged for additional 0.33 FSI, as per the rates mentioned in Annexure. Subject to revision from time to time...

5) In Mumbai Suburban District, construction upto 1.00 additional FSI is permissible through use of TDR, 0.33 FSI being optional and part of overall ceiling of use of 1.00 TDR, any disclosure made for use of TDR / FSI, while making agreements with purchasers under MOFA Act, shall be held valid for use of 0.33 FSI.     

6) No vertical extension of existing building by utilizing 0.33 FSI shall be permitted with erection of columns in the required marginal open space.

7) 0.33 additional FSI shall not be permitted in Bandra-Kurla complex, SRA Schemes under Regulation 33(10), CRZ areas and the matters which are subjudice.. As per the provisions of Appendix VIIB under DCR 33(10) and 33(14), the extent of slum TDR shall be at least 20% of total permissible additional FSI (in any combination of additional FSI and TDR).

9) The relaxation of premium i.e.10% of normal premium shall be charged while condoning deficiencies in open spaces (as applicable for use of slum TDR). Additional 0.33 FSI shall not be applicable for industrial user.

Vol I; Page: 3



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PostPosted: Sat Feb 01, 2014 3:36 pm    Post subject: TDR & Premium FSI Valuation (continuation- MUMBAI) Reply with quote

Transfer of Development Rights (TDR): In certain circumstances, the development potential of a plot of land may be separated from the land itself and may be made available to the owner of the land in the form of Transferable Development Rights (TDR) Transfer of Development Rights. 

Regulations for the grant of TDR and conditions for grant of such Rights: 

I. Owners and Developers: 

a) The owner shall be entitled to utilize Development Rights (DRs) earned by surrendering the part of his holding earmarked in the Development Plan as Reservation/Road and that fall under regular line of street free of encumbrance and free of cost and complying such requirements required by the local authority at the owners’ cost to the Planning Authority: 

Entitlement:   DRs = (The extent of land area x FSI). 

b) Where the owner develops a public amenity i.e. either a structure permissible in a plot reserved / designated anywhere in the development plan, or in a plot set aside for public amenity or develops recreational open space reserved / designated in the development plan or constructs a public road within regular line of street at his cost and hands it over to the Planning Authority free of cost and free of rent he shall be entitled for additional DRs. 

The Value of DRs would be equivalent to 1.20 (two) times the area of land surrendered to the Planning Authority. 

DRs towards expenditure incurred for developing amenities shall be at the scale laid down below:

Sl. No

Type of Development

Value of DRs

1

For constructing a building and developing the site.

DRs equivalent to the constructed built up area (excluding architectural features).

2

For constructing road.

DRs equivalent 25% of the area covered by the Road (length X right of way).

3

For Development of recreational opens

Spaces designated in the Development Plan.

DRs equivalent to 15% of the area

Developed.

4

Construction of ancillary buildings in

Recreational open spaces referred to above.

DRs equivalent to the constructed built up area (excluding architectural features).

 Ceiling of consumption of FSI / DR in a holding: 

1. In no case, the total FSI consumed in a plot shall exceed the maximum permissible FSI of the

Subject plot. The maximum permissible FSI varies based on land use zones, and the width of road on which the plot abuts.

2. Residual FSI / DRs which cannot be consumed in the holding / adjoining plot in view of the aforesaid ceiling shall be allowed to be carried to and utilised on other plots in the form of Transferable Development Rights (TDR) subject to the provisions of Regulation. 

DRC is Valid: Irrespective of the location of the land in which they originate, DRCs shall not be used in the Island City. They may be used (a) on any plot in the same ward as that in which they have originated (neither ward being in the Island city), or (b) on any plot lying to the north (wholly or partially) of the plot in which they have originated (but not in the Island city).

Shall not be valid: 

(a) Between the tracks of the Western Railway and the Swami Vivekanand Road;

(b) Between the tracks of the Western Railway and the Western Express Highway;

(c) Between the tracks of the Central Railway (Main line) and the Lal Bahadur Shastri Road;

(d) On plots falling within 50 m. on roads on which no new shops are permitted as specified in Regulation 52 (2) i.e. General Industries Zone: (I-2 Zone).

(e) Coastal areas and areas in No Development Zones, Tourism Development Zones, and areas for which the Mumbai Metropolitan Region Development Authority or Maharashtra Housing and Area Development Authority is the Special Planning Authority;

(f) On plots for housing schemes of slum dwellers for which additional FSI is permissible under Regulation 33 (10); however, in cases where non slum plot is amalgamated with the slum plot for the purpose of better planning etc. then DRC will be receivable on the non-slum plot.

(g) Areas where the permissible FSI is less than 1.0.

(h) On plots situated in ”M” Ward except TDR generated from “M” Ward and slum TDR generated elsewhere

Restrictions:

DRCs may be used on one or more plots of land whether vacant or already developed or by the erection of additional storeys, or in any other manner consistent with these Regulations, but not so as to exceed in any plot a total built-up FSI higher than that prescribed below: 

The FSI of receiving plot shall be allowed upto 0.80 earned either by way of a DR in respect of reserved plots or by way of land surrendered for road widening or construction of new roads or by way of both. However, such FSI on the receiving plots under General Industries Zone and Special Industries Zone shall be allowed on 100% of the net plot area after deducting the required public amenity space.

 

Vol I: Page 4 



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PostPosted: Tue Feb 04, 2014 7:12 pm    Post subject: TDR & Premium FSI Reply with quote

II. Cooperative Housing Societies/ NGOs in respect of slum rehabilitation vide Regulation 33 (10) & 33 (14):

The developer/society/NGO on a plot of land for which the Slum Rehabilitation Project is sanctioned shall be eligible for the award of TDR for the FSI, if any, in excess of 2.5 or as may be specifically permitted by SRA. TDR is equal to the FSI of the sanctioned Slum Rehabilitation Project.

 

When a buildable amenity on the reserved plot for which slum rehabilitation project is sanctioned and handed over free of cost to the Municipal Corporation, the Commissioner may grant a further TDR due for the construction of the said amenity.

 

DRC is Valid: DRCs may be used - (a) On any plot in the same ward in which TDR has originated, the ward not being in the Island City and (b) On any plot lying to the north wholly or partly of the plot in which TDR originated, the plot not being in the Island City. 

DRC Shall not be valid: 

(i) Coastal Regulations Zone-1 and areas in NDZ, TDZ and the areas for which the MMRDA has been appointed as Special Planning Authority.

(ii) On plots where Slum Rehabilitation Projects have been taken up or are possible. However, in cases where a non-slum plot is amalgamated with a slum plot then DRC shall be valid for use on non-slum plot. .

(iii) Areas where the permissible FSI is less than 1.0 FSI except " M" Ward.

(iv) HERITAGE buildings and precincts notified under DC Regulation No. 67. 

Restrictions: The FSI of a receiving plot shall be allowed to be exceeded by not more than 0.4 in respect of a DR available in respect of a Heritage Building and upto a further 0.4 in respect of a DR available in respect of land surrendered for road-widening or construction of new roads (according to sub-regulation 33 (1), where the said Road as shown as passing through the receiving plot itself

III. Owners/Lessees of Heritage Buildings / Heritage Precincts:

As provided in Regulation 67(6) Development Rights of the owner / lessee of any Heritage buildings who suffers loss of Development Rights due to any restrictions imposed by the Commissioner or Government under Regulations 67 shall be eligible for award of Transferable Development Rights (TDR) in the form of Floor Space Index (FSI) to the extent. Such award will entitle the owner of the Heritage Building to FSI in the form of a Development Right Certificate (DRC) which he may use himself or transfer to any other person.

 

DRC is valid: DRCs may be used – On any plot in the same ward as that in which they have originated or in any ward in the suburbs. 

DRC shall not be valid:

(a) On plots falling within 50 meter. On roads on which no new shops are permitted as specified in Regulation 52 (2).

(b) Coastal areas and areas in No Development Zones, Tourism Development Zones, and areas for which the Mumbai Metropolitan Region Development Authority or Maharashtra Housing and Area Development Authority is the Special Planning Authority

(c) On plots for housing schemes of slum dwellers for which additional FSI is permissible under Regulation 33 (10).

(d) Any heritage building; and

(e) Any Heritage Precinct except with the prior approval of the Heritage Conservation Committee and subject to compliance with the regulations of the particular precincts. 

Restrictions: The FSI of a receiving plot shall be allowed to be exceeded by not more than 0.4 in respect of a DR available in respect of a Heritage Building and upto a further 0.4 in respect of a DR available in respect of land surrendered for road-widening or construction of new roads (according to sub-regulation 33 (1), where the said Road as shown as passing through the receiving plot itself. 

The user that will be permitted for utilization of the DRCs on account of transfer of rights will be as under: 

Zone in which designated/reserved plot is situated

User to be permitted in receiving areas

(1) Residential

Only residential users and in Residential Zones only.

(2) Commercial (C-2)

Commercial (C-2) users if the plot where the FSI is to be utilised is situated in C-2 Zone. Commercial (C-1) if the plot where the FSI is to be utilised is situated in C-1 Zone. Residential in Residential Zones.

(3) Commercial (C-1)

Commercial (C-1) if the plot where the FSI is to be utilised is situated in C-1 Zone. Residential in Residential Zones.

(4) Industrial (I-1), (I-2), (l-3)

Residential only in Residential Zones.

 Vol I; Page 5

 

 



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PostPosted: Tue Feb 04, 2014 7:15 pm    Post subject: TDR & Premium FSI Reply with quote

In addition to that, Additional FSIs are awarded inter alia to some categories like Educational and Medical Institutions vide Regulation No. 33, which are explained vide infra (Urban Renewal Schemes). Additional FSI available as per Regulation No.33, shall be related to basic FSI of 1.00 only. 

In addition to that, Mumbai old buildings are redeveloped by awarding INCENTIVE FSIs by which the developer develop REHABILITATION COMPONENT AND FREESALE COMPONENT; by selling Freesale component, the developer is profited and eligible occupants are rehabilated as per given model under Regulation No. 33, out if which, Regulation 33 (7) & 33 (9) are explained below: 

R-33 (7) – Appendix III (e): (In the Island City). In case redevelopment undertaken by Co-operative Housing Society of occupiers of building, which was earlier “A” category Cessed building but thereafter due to purchase / acquisition by Co-operative Housing Society of Occupiers, it exempt from payment of Cess and which have been declared unsafe by BHAD Board / BMC, the total FSI shall be 2.5 of the gross plot area or the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI whichever is more. The entire FSI available shall be allowed to be utilised on plot / plots under redevelopment scheme. However, if the owner/society so desire can avail the incentive FSI in the same plot or can avail the benefit of Transferable Development Rights to be used in suburbs or extended suburbs. 

Valuation (Opinion): Out of 2.50 FSI, Rehab Component is 1.80 FSI which include 0.35 Fungible FSI and Freesale component is 0.90 FSI, investment in cost of construction complete, Transit camp for twenty four months, MCGM charges complete, and including market interest rate,  total investment complete is around INR 250,000 and Freesale proceeds are INR 585,000 and the nett is INR 335,000, when differed for the half the period @ 12 percent, the value of the redevelopment scheme per land unit is INR 299,155/= plus 0.20 Tradable TDR FSI, Surprisingly the break-even Freesale component is 0.37, whereas provision in the feasible study is 0.90. (Opinion: Land etent considered was 1,000 sm). 

For reconstruction / redevelopment to be under taken by Cooperative Housing Societies of existing tenants or by Co-op. Housing Societies of landlords and / or occupiers of a Cessed buildings in the Island City of old buildings belonging to the Corporation or the Police Department: Cessed Buildings of Category “A” constructed prior to 1940 or Composite redevelopment comprising “A”, “B”, “C” categories, the FSI permissible is 2.50 on the gross plot area or the FSI required for REHAB of existing tenants plus incentive FSI 50% whichever is more. 

 If number of plots are upto 5 in composite redevelopment, the FSI is 3.00 on the gross plot area or the FSI required for REHAB of existing tenants plus incentive FSI 60 percent whichever is more; plots > 6, the FSI is 3.00 on the gross plot area or the FSI required for REHAB of existing tenants plus incentive FSI 70 percent whichever is more. The stipulation of 33 per cent of area under non-buildable reservation may be reduced by the Government/Commissioner to the extent necessary where there are height and such other restrictions. 20% of the incentive FSI can be used for non-residential purposes otherwise permissible in the Development Control Regulation

Vol:I; Page: 6



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PostPosted: Tue Feb 04, 2014 7:26 pm    Post subject: TDR & Premium FSI Reply with quote

Regulation 33 (9): Reconstruction or redevelopment of cessed buildings / Urban Renewal Schemes on extensive area in the Island City: The FSI shall be 4.00 or the FSI required for rehabilitation of existing tenants / occupiers plus incentive FSI whichever is more. 

Valuation Opinion: Amalgamated plots area 22,000 sm, Rehab component including Fungible FSI is 2.74 and incentive FSI is 80 percent which is 2.19 FSI, totaling 4.93 FSI. Rehab component exceeding 2.50 FSI, 5 percent share is allowed to Government, which is added with Rehab component to arrive at Incentive FSI. Out of 0.93 FSI (4.93 – 4.00), Government share is 0.76 FSI and Developer’s Share is 0.19 FSI (1:0.50), which the owner’s tradable TDR. Cost of capital allowed is 21 percent.Total investment complete diferred for half the period (Total period: 24 months) is INR 216867 and Freesale proceed  of 1.26 FSI deferred for half the period @ 12 percent interest is INR 731077. The value of the Redevelopment Scheme  is INR 514210 per land unit and 0.32 TDR FSI. The break-even Freesale @ 0.30 FSI. (Opinion based on DCR 1991). 

Regulations 33(5): Regulations for Redevelopment of Low Cost Housing Schemes of the Maharashtra Housing and Area Development Authority (MHADA) for Economically Weaker Section (EWS) and Low Income Groups (LIG): 

Redevelopment model  of existing housing schemes of MHADA, undertaken by the MHADA departmentally or jointly with societies /occupiers of buildings or by housing societies / occupiers of building or by lessees of MHADA or by the developer. 

Regulation Code

Total Permissible FSI

(TPFSI)

On total area of amalgamated plots Incentive FSI (IFSI) percentage admissible against the FSI required for REHAB on Redevelopment only.

Sharing between MHADA and Developers:

TPFSI (-) FSI required for REHAB (+) Incentive FSI: Balance FSI Say “BFSI”.

Premium to be charged by the Government

Island City

Suburban

33(5): MHADA

2.50 both for on vacant land and Redevelopment site.

Upto 4,000 sm: IFSI 50%

Upto 4,000 sm: IFSI 60%

In the redevelopment scheme, MHDA/Developers sharing: 2:1  or

for additional built up area over and above the permissible

FSI as per DCR 32/Table 14, MHADA shall charge premium at the rate decided by Government.

 

Over and above basic FSI.

Redevelop FSI 2.50

>4,000 sm: IFSI 60%

>4,000 sm: IFSI 75%

 Valuation Opinion: Redevelopment model in suburban area on total amalgamated plot area of 7,000 sm Incentive FSI (IFSI) percentage admissible against the FSI required for REHAB on Redevelopment is 75 percent. The following is valuation summary:

 

Total Consu-med FSI

REHAB Compo-nent

Freesale Component

Sharing Between Govt/Deve-loper

2:1

Total Investment

Complete

Sale Proceeds

Remark

2.50

Rehab: 1.00, Premium FSI: 0.33, Fungible: 0.47; Total Rehab: 1.80

Freesale:

0.70 FSI;

Rehab: 1.80

Incentive FSI: 1.35; Total admissible: 3.15 FSI, out of which (3.15 – 2.50) = 0.65 is shared 0.43/0.21; 0.21 is tradable TDR for developer

 

 

 

 

 

 

INR. 1,56,791, deferred for half the perid @ 12 percent is INR: 1,40,015/=

INR. 3,17,025, deferred for half the perid @ 12 percent is INR: 2,83,103/=

The nett is INR 1,43,089/=

 

B.E.P Sale FSI is 0.31;

 

Project period is two years

 In the author’s opinion, it appears as Developers market which suggests a cap on freesale component. 

In addition to that, fungible compensatory Floor Space Index may be permitted, not exceeding 35% for residential development and 20% for Industrial/Commercial development, over and above admissible Floor Space Index, by charging a premium at the rate of 60%, 80% and 100% of the Stamp Duty Ready Reckoner Rate (or as per current prevailing rates), for Residential, Industrial and Commercial development respectively subject to satisfy conditions in Regulation 35(4) of DC Regulation 1991, effective from January 2012. This regulation shall be applicable in respect of the buildings to be constructed or reconstructed only.

 

Vol:I Page: 7 



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PostPosted: Tue Feb 04, 2014 7:27 pm    Post subject: R & R Premium Rates Reply with quote

 

[Annexure]

Premium rates for additional 0.33 FSI.

Sl. No

Land rates / sq.mt. as per Ready Reckoner 2008.

Illustrative list of area covered under these rates (Not all the areas)

Proposed premium

Rates / sq.mt.

1

Upto Rs.7000/- sq.mt.

Manori, Goral, Turbhe, Mankhurd.

70% of land rate.

2

Rs.7001-10000/- sq.mt.

Madh, Aarey, Dindoshi (pt), Erangal, Akse, Marve, Mahul, Chembur (pt), Deonar.

Rs. 4900/- + 30% of R/R rates exceeding Rs.7000/- sq.mt

3

Rs.10001-15000/- sq.mt.

Gorai (pt), Pahadi, Eksar(pt), Malad, Malwani (pt), Kurar(pt), Borivali(pt), Dahisar(pt), Anik(pt), Ghatkopar(pt).

Rs.5800/- + 30% of R/R rates exceeding Rs. 10000/- sq.mt.

4

Rs.15001-20000/- sq.mt.

Chakala (pt), Vileparle (pt), Kandivali (pt), Oshivara (pt), Kurla (pt), Mulund (E) (pt).

Rs.7300/- + 30% of R/R rates exceeding Rs.15000/- sq.mt.

5

Rs.20001-25000/- sq.mt.

Bandra (E), (pt)

Rs.8800/- + 30% of R/R rates exceeding Rs.20000/- sq.mt.

6

Rs.25001ñ35000/- sq.mt.

Bandra (E) (pt).

Rs. 10300/- +30% of R/R rates exceeding

Rs.25000/- sq.mt.

7

Rs.35001-50000/- sq.mt.

Bandra (E) (pt).

Rs. 13300/- +20%

of R/R rates

exceeding

Rs.35000/- sq.mt.

8

Rs.50001-70000/- sq.mt.

Bandra (E)(pt)

Rs. 16300/- +20%

of R/R rates

exceeding

Rs.50000/- sq.mt.

9

Rs.70001-100000/- sq.mtr.

Bandra (E)(pt)

Rs. 20300/- +10% of R/R rates exceeding

Rs.70000/- sq.mt.

10

Above Rs. 100000/- sq.mt.

Bandra (E)(pt)

Rs. 23300/- +10% of R/R rates exceeding

Rs.100000/- sq.mt.

 Source: DC Regulation Municipal Corporation of Greater Mumbai Dated February, 1, 2014. Regulations, RR Land Rates are subject to change from time to time. It is advised to verify with the below website.

 

^ file:///D:/Welcome%20to%20The%20Municipal%20Corporation%20of%20Greater%20Mumbai.htm

Vol: I; Page: 8



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PostPosted: Tue Feb 04, 2014 7:28 pm    Post subject: Starred Hotels Reply with quote

 STARRED HOTELS:

the floor space indices in Table 14 may be permitted to be exceeded in the case of buildings of all starred category residential hotels in independent plots and under one establishment as approved by the Departmental of Tourism, by a maximum of 50 per cent over the normal permissible floor space index in the F and G wards of Island City and by a maximum of 100 per cent over the normal permissible floor space index in wards of the suburbs and extended suburbs. No condonation in the required open spaces, parking and other requirements as in these Regulations shall be allowed in the case of grant of such additional floor space index.

33(4) Building of Starred Category Residential Hotels: With the previous approval of the Government and subject to payment of premium fixed by the Government and paid (out of which 50% shall be payable to the Corporation) and subject to such other terms and conditions it may specify, the floor space index in the Table No. 14 may be permitted to be exceeded in the case of buildings of all starred category residential hotels in independents plots and under one establishment as approved by the Department of Tourism, up to total FSI specified below and subject to following conditions.

 

 

 

Star Category

Island City

Suburbs & Extended Suburbs

Total FSI

Premium recovered at the rate of ready reckoner for additional FSI

Total FSI

Premium recovered at the rate of ready reckoner for additional FSI

1 to 3

3.00

25% or INR 6,000 psm (per sq. m) whichever is more

3.0 +

( 0.50 TDR)

25% or INR 6,000 psm whichever is more

4 Star

4.00

25% or INR 6,000 psm whichever is more

3.0 +

( 0.50 TDR)

25% or INR 6,000 psm whichever is more

S Star

5.00

25% or INR 6,000 psm whichever is more

3.0 +

( 0.50 TDR)

25% or INR 6,000 psm whichever is more

           

 Conditions: No condonation in parking and other requirements as in these Regulations shall be allowed except in the side and rear Marginal open spaces condonation up to 25% may be granted with the special permission of the Commissioner. Additional FSI of more than 100% is permissible for one to three star category hotels on the plot size of not less than 2500 sq.mt. and on roads of 18mt. width or more in the suburbs and extended suburbs.

Additional off-site infrastructure facilities if stipulated by the Corporation/Committee shall be provided by the proponent at their cost. Additional floor area to the extent of 0.5 FSI by way of utilization of TDR (reservation TDR, road TDR or slum TDR) will be permitted over and above the additional FSI granted in this regulations, provided overall FSI does not exceed 3.5 in the suburbs and extended suburbs.

 



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PostPosted: Tue Feb 04, 2014 7:29 pm    Post subject: Fungible FSI Reply with quote

 FUNGIBLE FSI:  

The word “fungible” meansInterchangeable, Something that is exchangeable or substitutable” – relaxation of some items not counted in FSI calculation by paying premium.

 In addition Premium FSI, TDR, and Incentive FSIs, fungible compensatory Floor Space Index may be permitted, not exceeding 35% for residential development and 20% for Industrial/Commercial development, over and above admissible Floor Space Index, by charging a premium at the rate of 60%, 80% and 100% of the Stamp Duty Ready Reckoner Rate (or as per current prevailing rates), for Residential, Industrial and Commercial development respectively subject to satisfy conditions in Regulation 35(4) of DC Regulation 1991, effective from January 2012. This regulation shall be applicable in respect of the buildings to be constructed or reconstructed only. 

The new rules would mean pricing based on maximum available FSI, eliminating the ambiguity that was largely prevalent earlier with respect to disproportionate saleable area (Super built-up area theory). Under this regulation, areas for balcony, flower-beds, terraces, voids, niches would be counted in the FSI. These were not earlier considered in FSI calculations. This can be used either for bigger habitatable area or for balcony, flower-beds, terraces, voids, niches etc. 

Explanatory Note:

i) Where IOD/IOA has been granted but building is not completed, this regulation shall apply only at the option of owner /developer, 

ii) For plots/ layouts, where IOD is granted for partial development, this Regulation will apply for the balance potential of the plot, 

iii) The fungible FSI is useable as regular FSI, Provided, further, the development in Coastal Regulation Zone (CRZ) areas shall be governed by the Ministry of Environment & Forests Notification issued from time to time.

The fungible FSI is free to REHAB component and shall be used to give additional floor area over and above eligible area to existing members. i.e. 35 percent extra space  by charging construction cost and cannot be used for freesale component. However, the developer is free to use TDR option. 

 

Area eligible for any redevelopment building can be arrived by the following method: 

 

a).The built-up area mentioned in the existing society plan Say “EBA”;

b). The difference if any, in FSI (Earlier and Current) Say “DFSI”.

c). Compensatory Fungible FSI admissible, Say “FuBA”

d). Existing area utilized in features which were earlier not subject to FSI but will be subject to FSI as per current DCR norms Say “Deductible”.

EBA plus DFSI plus FuBA = Say “GBA”; GBA minus  Deductible =  Area eligible. 

The new rules would mean pricing based on maximum available FSI, eliminating the ambiguity that was largely prevalent earlier with respect to disproportionate saleable area (Super built-up area theory). Under this regulation, areas for balcony, flower-beds, terraces, voids, niches would be counted in the FSI. These were not earlier considered in FSI calculations. This can be used either for bigger habitatable area or for balcony, flower-beds, terraces, voids, niches etc. 

Explanatory Note:

i) Where IOD/IOA has been granted but building is not completed, this regulation shall apply only at the option of owner /developer, 

ii) For plots/ layouts, where IOD is granted for partial development, this Regulation will apply for the balance potential of the plot, 

iii) The fungible FSI is useable as regular FSI, Provided, further, the development in Coastal Regulation Zone (CRZ) areas shall be governed by the Ministry of Environment & Forests Notification issued from time to time. 

The fungible FSI is free to REHAB component and shall be used to give additional floor area over and above eligible area to existing members. i.e. 35 percent extra space by charging construction cost and cannot be used for freesale component. However, the developer is free to use TDR option. 

 

 

Area eligible can be arrived by the following method: 

 

 

a).The built-up area mentioned in the existing society plan Say “EBA”;

b). The difference if any, in FSI (Earlier and Current) Say “DFSI”.

c). Compensatory Fungible FSI admissible, Say “FuBA”

d). Existing area utilized in features which were earlier not subject to FSI but will be subject to FSI as per current DCR norms Say “Deductible”.

EBA plus DFSI plus FuBA = Say “GBA”; GBA minus Deductible = Area eligible. 

 Unconfirmed Industry sources said the total TDR stock currently is barely one million sqft against the annual demand of about seven million sqft (Worth billion Indian Rupee). It is hoped that the gap between Open Market TDR/ Premium TDR will be maintained in an affordable and reasonable manner. A change in redevelopment model which provide adequate sunlight and wind will be a gift to our future generation.



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PostPosted: Sat Feb 08, 2014 2:46 pm    Post subject: Regulation 33(6) & 33 (8) Reply with quote

 Regulation No. 33 (6) and Appendix-II: Reconstruction of buildings destroyed by fire or which have collapsed or which have been demolished. etc.:- Reconstruction in whole or in part of a building (not being a building wholly occupied by warehousing user and also not being a ground floor structure), which existed on or after 10th June 1977 which has ceased to exist in consequence of an accidental fire, natural collapse, or demolition for the reason, of the same having been declared unsafe by or under a lawful order of the Corporation or the Mumbai Housing and Area Development Board or is likely to be demolished for the reason of the same having been declared unsafe by or under a lawful order of the said Corporation or the said Board and duly certified by them, shall be allowed with an F.S.I. in the new building not exceeding that of the original building (or the F.S.I. permissible under these Regulations whichever is more). The Carpet area of part or parts of the new building intended to be used as office premises shall not exceed the carpet area of part or parts of the original building so used as office premises or for commercial use. No construction or reconstruction shall be permitted on set-back areas or areas required for road-widening and such areas shall be handed over to the Corporation. Reconstruction of collapsed/gutted/demolished portions of buildings (provided such collapsed/gutted/demolished portion is not more than 25 per cent of the whole building, excluding sanitary portions and common facilities, passages and usages such as lift portion and lift wells, staircases, etc.) will be permitted subject to these Regulations with the use of conventional materials only, except for repairs to the aforesaid sanitary portions and common facilities which will be permitted in R.C.C. with existing FSI, irrespective of permissible F.S.I.

 

Regulation No. 33 (Cool: Construction for housing the dishoused. - For the construction of the building by the Corporation in the category of "Housing the Discoursed" in the Island City for the purpose of the Housing those who are displaced by the projects undertaken by the Corporation for Implementation of proposals of the development plan, the FSI shall be 4.00. Such additional FSI will not be available when owner undertakes development as in Sr. No. I (c) in Table 4 i.e. The Corporation may develop the land after acquiring it in accordance with the Law or may entrust the development to any suitable agency on such terms as are agreed between Corporation and the agency and in addition on the following conditions.

 

i) The agency may be permitted to utilise the FSI as admissible to Corporation for construction of buildings for the purpose of housing those who are displaced by projects undertaken by Corporation;

 

ii) Atleast 50 percent of the built up area shall be handed over to Corporation free of cost, in the form of tenements/shops for allotting to Project Affected. Persons and/or for rehabilitating the existing tenants on the plot;

 

iii) Balance built up area may be utilised for other users as permissible in the respective zone. OR The owner may develop the land for housing with the normal permissible F.S.I. on such terms as are agreed to between him and the Commissioner and in addition on conditions stipulated for development for public housing/high density housing, [Or development of site can be taken up and approved by the Slum Rehabilitation Authority for the implementation of the scheme.

 

Note : - All Regulations / modifications mentioned above shall not be applicable to the areas which are affected by Coastal Regulations Zone Notification issued by Ministry of Environment and Forest, Government of India vide Notification dated 19 February 1991 and orders issued from time to time.

 Volume: I, Page: 11

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PostPosted: Sat Feb 08, 2014 2:55 pm    Post subject: URBAN RENEWAL SCHEME & Incentive FSI Reply with quote

 URBAN RENEWAL SCHEMES and INCENTIVE FSI:

Urban Renewal Scheme (URS) means any scheme in the Island City of the Mumbai having a minimum area of 4000 sm. bounded by existing distinguishing physical boundaries such as roads, nallas, railway lines etc. and which consists of a mix of structures of different characteristics such as –

i) Cessed buildings of “A”, “B”, “C” categories in Island City, which attracts the provisions of MHAD Act, 1976.

ii) Buildings erected before 30/9/1969 and acquired by MHADA under MHAD Act, 1976.

iii) All buildings belonging to the Government, semi Government and MCGM including institutional buildings, office buildings, tenanted municipal buildings and buildings constructed by MHADA, that are constructed prior to 30.09.1969 and having built up area upto 2000 sq.mt. However, prior permission of concerned department shall be obtained before granting development permission.

iv) Other buildings erected before 30/9/1969 which are, by reason of dis-repair or have structural / sanitary defects, unfit for human habitation or are by reasons of their bad configuration or the narrowness of streets, dangerous or injurious to the health of the inhabitant of the area as may be certified by the officer designated by MHADA / MCGM.

v) Provided that building erected after 30/9/69 which fulfills the above conditions shall be considered with prior approval of State Govt.

vi) Slum areas declared as slums under section 4 of Maharashtra Slum Areas Act, 1971 or slums on Public lands prior to 1.1.1995 or such other reference date notified by the government, provided that in the mix of structures of different characteristics, the percentage of slum area and area under the buildings constructed after 30.09.1969 if any included in the Urban Renewal Scheme shall not exceed 25% (i.e. 1/4) of the total plot area.

vii) Any land belonging to the Government, semi Government, MCGM and MHADA (either vacant or built upon) which have been given on lease or have the tenure of Occupant Class II which falls within the proposed Urban Renewal Scheme shall be made available for the project subject to payment of premium at the rate of 25% of the Ready Reckoner rate of that year.

I. URBAN RENEWAL SCHEME ON EXTENSIVE AREA for reconstruction or redevelopment of Cessed buildings: (Read with Regulation 33 (9) & Appendix III-A)

Eligibility of URS:

 

Buildings

Slums

For computation of existing FSI, tenancy up to 13/6/1996 is considered. Unauthorised structures are not considered. Mezzanine floors constructed prior to 13/6/1996 and regularized subsequently is eligible for Rehab & Incentive FSI.

All the inhabitants of existing structures whose names and structures are included in the Assembly Election Roll of 1/1/1995 or such other reference date notified by the government or a date prior thereto and who are staying thereat.

Each occupant/tenant shall be rehabilitated and given the carpet area occupied by them for commercial areas and for residential purpose, minimum 27.88 sm to 70 sm and excess if any payable to the developer at the cost to be fixed by government.

Brihan Mumbai: Each occupant/tenant shall be rehabilitated and given the carpet area of 20.90 sm. The following is Rehab and Freesale Ratio: a) Island City: 10sm:7.5 sm; b) Suburbs & Extended suburbs: 10 sm:10sm; c) Difficult area Dharavi and any other place notified: 10sm: 10.33 sm.

Consent of at least 70 percent of eligible tenants/occupiers.

 

The total permissible FSI shall be on gross plot area excluding reservations/designations but including the built-up area under reservation/designation. Where Rehab FSI exceeds 2.50, MHADA/MCGM shall get 5 percent of built-up area for 4.00 FSI at free of cost. FSI of URS in CRZ area shall be governed by MOEF rules in force.

INCENTIVE FSI ADMISSIBLE AGAINST FSI REQUIRED FOR REHAB shall be as under: 

For FSI eligible for Rehab say “FSIRE”; Incentive FSI say “INFSI”. Commensurable with percentage applicable from Sl. No 1 to 5, depending on the size of amalgamated plots. Maximum FSI is 4.00, such maximum FSI 4.00 (-) FSIRE +INFSI = Say “BFSI”; that “BFSI” shall be shared in terms of built up area between M.C.G.M./MHADA (in proportionate to their plot areas) and private developer in Joint Venture in the ratio of 1:0.5.  

 

 

Sl. No

Total area of amalgamated plots

Incentive FSI percentage

1

Between 4,000 to 8,000 sm (sqm)

55%

2

Between 8,001  to 12,000

65%

3

Between 12,001 to 16,000

70%

4

Between 16,001 to 20,000

75%

5

>  20,000 sm

80%

 

From the entire FSI available, entire rehab and MHADA share shall be allowed to be utilized on plot / plots under redevelopment scheme. In case of part of incentive FSI, is not proposed to be utilized on the same plot, the benefit of transferable development rights to be used in suburbs or extended suburbs as per D.C. Regulation No 34 appendix VII, shall be given.

 

Slum APP IV.

 

The rehabilitation component shall mean all residential tenements as well as non-residential built-up premises given free of cost in accordance with the provisions of the Slum Rehabilitation scheme.

 

Maximum FSI Permissible for Consumption on the Plot: Even though the sanctioned FSI may be more than 2.5 FSI, the maximum FSI that can be utilised on any slum-site for the project shall not exceed 2.5 and the difference between sanctioned higher FSI and 2.5 if any, will be made available in the form of Transferable Development Right (TDR) in accordance with the provisions of Appendix Vll-B.

 

If the existing tenement density is more than 650 per hectare, Govt. in Urban Development Department may allow FSI consumption in situ to be exceeded upto the sanctioned FSI but not exceeding 3.00 FSI. In such cases the difference between sanctioned higher FSI and 3.00 if any, will be made available in the form of Transferable Development Rights (TDR) in accordance with the provisions of Appendix VII B.

 

On account of constraints such as height restrictions, uneconomical site conditions, etc.; if the full 2.5 FSI cannot be used on the same site, TDR may be allowed as may be necessary even without consuming FSI upto 2.5 on the same site. However, TDR may be allowed only when the frame work for one complete building in rehab component is constructed or when 10% of the rehab component has been constructed on site and the said TDR will not exceed 50 percent of the construction of rehab component at any point of time till the total rehab component has been completed. On completion of the total rehab component balance TDR will be allowed.

 

Correlation between Rehabilitation and freesale components: Building permission, for 10 percent of built up areas of both the rehab and freesale components may be given simultaneously and thereafter proportionately or as may be decided by the Chief Executive Officer, Slum Rehabilitation AuthorityWhere there is no builder-developer but the Project is implemented directly by an NGO of established reputation, Chief Executive Officer, Slum Rehabilitation Authority may sanction 20 percent of the freesale component right in the beginning without waiting for any expenditure on the rehabilitation component, but the approval for remaining part of freesale component will be given only after at least 30 percent of rehabilitation component is completed on site.

 

Restriction on Transfer of Tenements: The tenement obtained under this scheme cannot be sold / leased / assigned or transferred in any manner for a period of ten years from the date of allotment / possession of the tenement. In case of breach of conditions, except transfer to legal heir, the tenement will be taken over by DRP (SRA).

.Volume: I, Page: 12



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PostPosted: Sat Feb 08, 2014 3:04 pm    Post subject: URBAN RENEWAL SCHEME & Incentive FSI Reply with quote

  

II. Development/redevelopment of Housing Schemes of Maharashtra Housing & Area Development Authority: Regulation No.  33 (5).

 

The FSI for a new constructed tenements scheme of Low Cost Housing Schemes on vacant lands for Economically Weaker Section, Low Income Groups & Middle Income Group of the MHADA having at least 60% built up area in the form of tenements under EWS, LIT & MIG categories shall be 2.50.

 

For redevelopment of existing housing schemes of MHADA, undertaken by the MHADA departmentally or jointly with societies /occupiers of buildings or by housing societies / occupiers of building or by lessees of MHADA or by the developer, the FSI shall be as under:

 

INCENTIVE FSI ADMISSIBLE AGAINST FSI REQUIRED FOR REHAB shall be as under:

 

Total permissible FSI shall be 2.5 on gross plot area. The incentive FSI admissible against the FSI required for rehab shall be as under :

 

Sl. No

Total area of amalgamated plots

Incentive FSI percentage

1

In the Island City, for the area upto 4000 sm (sqm)

50%

2

In the Island City, for the area above 4000 sm

60%

3

In the suburban area, for the area upto 4000 sm

60%

4

In the suburban area, for the area above 4000 sm

75%

 

In the redevelopment scheme either (Difference between 2.5 FSI and the FSI required for rehab + incentive shall be shared between MHADA and Society/Developer in the ration of 2:1 or For additional built up area over and above the permissible FSI as per DCR 32, MHADA shall charge premium at the rate decided by Govt. in Housing Department from time to time.

 

In the scheme, for the land developed for societies of HIG and developed plot allotted individually/ HIG group, the permissible FSI shall be as per Development Control Regulation 32. Provided that if the redevelopment of existing housing scheme of MHADA fulfills the provision of Regulation No 33(9) i.e., Urban Renewal Scheme on extensive area, then it may be undertaken under Regulation 33(9) vide infra.

 

For the purpose of calculating the FSI, the entire area of the layout including development plan roads and internal roads but excluding the land under the reservation of public amenities shall be considered. Sub-division of plots will be permissible on the basis of compulsory open spaces as in these Regulations. For low cost housing schemes of MHADA for EWS, LIG categories, the Regulations in Appendix-I shall apply with tenement density of 450/net hectare.

 

For the offsite infrastructure, MHADA shall pay to the MCGM 12.5% of the charges collected by MHADA for the grant of additional FSI (FSI over and above the normally permissible FSI) for the Redevelopment Schemes. The relaxation incorporated in Regulations No. 33(10) i.e. “Dharavi Notified Area Development Regulation” of these regulations shall apply for Housing schemes under this regulation for tenements under EWS/LIG and MIG categories and the front open space shall not be less than 3.60 m/12 feet.

 

III. Regulation No. 33 (7) & Annexure III. [Regulation for the reconstruction or redevelopment of cessed buildings in the Island City by the Landlord and/or Co-operative Housing Societies.

 

The FSI for rehabilitation of existing tenants/occupiers in a reconstructed building and incentive FSI that will be available shall be as under:-

 

(a) In the case of redevelopment of “A” Category cessed building undertaken by landlord and / or co- operative Housing Societies of landlord and / or occupiers, the total FSI shall be 3.00 of the gross plot area or the FSI, required for rehabilitation of existing occupiers plus 50% incentive FSI whichever is more.

 

(b) In case of redevelopment scheme of 'B' category cessed building undertaken by landlord and/or Co-operative Housing Societies of landlord and / or occupiers, the total FSI shall be the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI.

 

(c) In cases of composite redevelopment of 'A', 'B' and 'C' category cessed buildings declared as dangerous by the Board before Mansoon of 1997, FSI available for redevelopment undertaken by the landlord and/or cooperative Societies of landlord and / or occupiers shall be 3.00 of the gross plot area or the FSI, required for rehabilitation of existing occupiers plus 50% incentive FSI whichever is more.

 

Provided, however, that if the number of plots jointly undertaken for redevelopment is six or more the incentive FSI available will be 3.00 or FSI required of rehabilitation for occupiers plus 70% incentive FSI, whichever is more.

 Volume: I, Page: 13

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amibrahim



Joined: 03 Sep 2008
Posts: 262

PostPosted: Sat Feb 08, 2014 3:09 pm    Post subject: URS: Dharavi Notified Area Reply with quote

SLUM REHABILITATION IN MUMBAI

Slum Definition: All notified areas in a town or city notified as ‘Slum’ by State, UT Administration or Local Government under any Act including a ‘Slum Act’. A compact area of at least 300 populations or about 60-70 households of poorly built congested tenements, in unhygienic environment usually with inadequate infrastructure and lacking in proper sanitary and drinking water facilities are defined as identified slums as per Census India 2011.

 

Total slums Enumerated Blocks in Census 2011 is about 1.08 Lakhs in the country, out of which notified slums are 37,072 with 49.65 lakh households (HHs), Recognized: 30,846/37.96 HHs and Identified slums are 40,309/49.88 lakh HHs, thus a total HHs of 137.49 lakh in India. Largest number of slums EBs reported from Maharashtra (21,359).

 

Mumbai Slums:

Proportion of slum households (HHs) to total urban HHs in Greater Mumbai Municipal Corporation is 41.3%, which is less than Greater Visakhapatnam Municipal Corporation (44.1%) and Jabalpur Contt, CB (43.3%). (Census 2011).

 

Slum Definition in DC Regulation 1991 and Slum Rehabilitation Authority (SRA): For this purpose, slums shall mean those censused, or declared and notified, in the past or hereafter the Maharashtra Slum Areas (improvement, clearance and redevelopment) Act. 1971. Slums shall also mean areas / portions of pavement stretches, existing & proposed roads, Railway Lands, area under electric H.T. power lines, Nalla banks hereafter notified or deemed to be and treated as Dharavi Redevelopment Project Area (DRP area).

 

Slum Policy of the Government  (Mumbai City Development Plan 2005-2025): Broadly slum falls into three categories: Cat. I: Well developed slum with more than 350 sqft floor space. These slums should be converted into homes simply granting tenure to the residents in exchange for adherence to building norms and a nominal sum (INR 100/sqft). The newly approved Gunthewari legislation can be adopted for such areas. Cat. II: Slum dwellers needing rehabilitation but living in an acceptable area. These slums can be developed in situ. The SRA should develop the project and solicit transparent bids from pre-selected developers. The contract could be bid out for highest payment for an FSI 4.00 or go to the lowest FSI required to implement the project with cross-subsidy. Cat. 3: Slum dwellers who require rehab and live in sensitive areas. In case of slum located in important public locations, such as parks, railways and airports, it is proposed that residents be relocated to unused government lands, including the saltpan lands and current NDZs. The development and construction of housing on those lands would be same as Cat. II in situ schemes. Allowing slum dwellers to form their own society permit them to develop their part without any limitation on the size of the dwellings, but subject to limitation of FSI admissible under Slum Redevelopment Schemes (SRS). Source: Strategy for Housing & Slum Improvement, MCGM.

 

As per DCR 1991, slums for development and redevelopment are classified into three categories:

 

I. Non-DRP (Dharavi Redevelopment Projects) in Brihan Mumbai: Regulation No. 33 (10) / Appendix IV:

 

Redevelopment/construction of accommodation for  hutment/pavement-dwellers through owners/ developers/co-operative housing societies of hutment/pavement- dwellers/public authorities such as MHADA, MIDC, MMRDA etc./ Non-Governmental organisations anywhere within the limits of Brihan Mumbai.

 

Eligible carpet area for eligible candidate is 20.90 sqm only for residential unit and Commercial/Shop/Office, Economic activity allowed is upto 20.90 sqm (225 sqft) or actual owned whichever is less; Max FSI: 2.50; In some cases upto 3.00 FSI is allowed; anything in excess of prescribed FSI, can be availed as Tradable TDR; Rehab:Freesale components:- Island City:10sqm/7.50sqm; Suburbs & extended suburbs:10:10sqm; Difficult areas like DNA, any notified area:10:13.33sqm.

                                                                                                                             

II. DRP Non-slum area  Regulation No. 33 (9) (A) / Appendix XXIV: The renewal and redevelopment of buildings / chawls including cessed properties and such schemes on areas which are part of DRP Area undertaken by DRP (SRA) through the developers.

 

Eligibility: Minimum Residential carpet area allowed is 27.88 sqm (300 sqft) and maximum 70.00 sqm; subject to pay cost of construction for excess carpet area over and above 70.00 sqm, Owned earlier. Non-residential occupier shall be given what they owned earlier. Max FSI permissible is 4.00; Renewal Rehab component is 1.72 FSI or the FSI required for rehabilitation of existing eligible occupants whichever is more; anything in excess of prescribed FSI, can be availed as Tradable TDR.  Freesale formula: For every 10 sqm of rehab component/13.33 sqm of feesale component is compensated.

 

The concerned land owning authority shall give development rights of their land to DRP (SRA) in lieu of 70% of net premium that is payable by the developers, proportionate to the Renewal Rehab Component generated on the said land.

 

III. DRP Slum Area Regulation No.  33 (10) (A). Appendix IV-A: Redevelopment /construction of accommodation for hutment / pavement dwellers which are part of DRP undertaken by DRP (SRA) through the developer. Eligibility: Residential carpet area allowed is minimum 27.88 sqm and maximum 37.16 sqm, subject to pay cost of construction for 9.29 sqm, which is in excess of 27.88 sqm.. Commercial/Industrial structure: Upto 20.90 sqm/225 sqft is allowed; anything in excess owned, it will be settled thus:  250 sqft to 1,000 sqft @ 10 percent discount, 1001 to 1,500 sqft @ 20% discount and exceeding 1.500 sqft @ 30% discount at construction cost. Maximum FSI permissible: 4.00; Total built-up area (Residential & Commercial) occupied by slum dwellers is basis for rehab component. Rehab Vs.Freesale: For every 10 sqm of rehab component/13.33 sqm of feesale component is allowed. Excess if any available can be availed as tradable TDR by private Developers over 4.00 FSI ceiling.

 

Tenure: Ownership and Terms of lease  Regulation 33 (9) (A) & (10) (A): – The part of Government / MCGM / MHADA / MMRDA / any under taking land on which the rehabilitation component of DRP will be constructed shall be leased to the cooperative Housing Society of the slum dwellers on 30 years lease at the lease rent of Rs. 1001 for 4000 sq.mt. of land or part thereof and renewable for a further period of 30 years. The same conditions shall prevail for the land under the free sale component and the land shall be leased directly to the Society / Association of the purchasers in the free sale component and not through the society of hutment dwellers.

 

If the FSI required for rehabilitation of existing hutment dwellers plus free sale component exceeds FSI 4.00 of a particular plot, such excess quantum shall get absorbed while calculating overall FSI of 4.00 on entire DRP Area.  The FSI in CRZ area within DNA, shall be governed by the MOEF notifications issued from time to time

 

Restriction on Transfer of Tenements: The tenement obtained under this scheme cannot be sold / leased / assigned or transferred in any manner for a period of ten years from the date of allotment / possession of the tenement. In case of breach of conditions, except transfer to legal heir, the tenement will be taken over by DRP (SRA).

 

If areas redeveloped earlier under SRD / SRA schemes are included in the DRP Area for renewal and redevelopment under DRP the TDR generated from the plot in the said SRD/SRA scheme would be deducted from overall calculation of FSI 4.00.

 

For private unencumbered plot/s situated within DNA but presently excluded, the FSI shall be 4.00 on their inclusion in DRP. The developer however, shall have to pay premium as decided by DRP on built up area equivalent to 2.67 FSI of that plot upon which he would be entitled to add built up area equivalent to 4.00 FSI of that plot to his free sale component. In such case REHAB is 2.67, FREESALE component is 1.33 FSI plus 2.23 FSI as DRC.       

 

Built-up area for rehabilitation component shall mean total construction area of rehabilitation component, excluding what is set down in 35(2) of D.C. Regulations (Not countable items in FSI computation) , 1991 except 10% balcony but including areas under passages, balwadis, welfare centers, society office, religious structures, and other social infrastructure like school, dispensary, Gymnasium run by Public Authority or Charitable trust and also including built up area of various buildable reservations / additional amenities to be proposed in buildable form in D.N.A.

 

REDEVELOPMENT OF SLUM vide DCR No. 33 (10) and 33 (9) (A) & (10) (A)-Valuation (Opinion).

DCR No. 33 (10): Land extent considered was 5,000 sqm. Valuation per unit of land: Valuation parameters: Maximum FSI permissible is 2.50. Rehab component is Total built-up area (Residential & Commercial) occupied by slum dwellers is basis for rehab component. (Based on ground realities Fungible FSI and Premium FSI are added in addition to Basic FSI).; Resale component ceiling is 2.50 FSI (-) Rehab Component, which is further apportioned in the ratio of of atleast 50:50 for Island City and suburbans and 40:60 in Difficult area in Rehab Vs. Freesale; Further fine-tuned in the ratio of 10: 7.50(Island City); 10:10(Suburbs) and 10:13.33 sqm in Difficult areas like DNA thus incentives are awarded which in excess of 4.00 FSI will generate TDR to the Developer. A case study on a land area of 5,000 sqm, valuation per unit of land is thus: Total FSI: 2.50; REHAB: 1.70 and FREESALE: 0.80 FSI; Total investment including cost of capital @ 18 percent is INR 92,600 and Sale Proceeds are INR 214,500 and the Value of Redevelopment is INR 121,900/= both components are deferred for half the period @ 12 percent (Project period is twenty four months). TDR accrual in Island City is 0.48 FSI, Suburbs is 0.90 FSI and in Difficult areas like DNA is 1.50 FSI.

DCR No. 33 (9) (A): Maximum FSI permissible is 4.00, out of which 1.72 FSI or FSI required for REHAB whichever is more is REHAB component; If the balance 2.28 FSI can be utilised for FREESALE, when the REHAB Vs. FREESALE apportioned in the ratio of 10 : 13.33 sqm, TDR will generate in excess of 4.00 FSI is reached.

 

DCR No. 33 (10) (A): Maximum permissible FSI is 4.00; Total built-up area (Residential & Commercial) occupied by slum dwellers is basis for rehab component. If REHAB is 2.00, FREESALE component will be 2.00 FSI and TDR generated will be 0.67 whereas if REHAB reaches 2.25 FSI, FREESALE is assessed @ 1.75 FSI and TDR generated will be 1.24 FSI.

 

Source: DC Regulation 1991, Bombay_English_Final_DCR2.pdf & Bombay_Schedule for Dharavi_DCR.pdf.

        

 

 

 

 

 

 

 

 

 

 

 



Last edited by amibrahim on Tue Mar 04, 2014 9:31 pm; edited 4 times in total
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amibrahim



Joined: 03 Sep 2008
Posts: 262

PostPosted: Wed Feb 12, 2014 1:09 pm    Post subject: MUMBAI BUILDING RULES Reply with quote

MUMBAI BUILDING RULES:

LAND USES AND MANNER OF DEVELOPMENT. Regulation No. 9/Table No. 4 

The uses of all lands situated within the Municipal limits of Greater Mumbai, which have been allocated designated or reserved for certain purposes in the development plan, shall be regulated in regard to type and manner of development/re-development, according to Table hereunder:

 

LAND USES AND MANNER OF DEVELOPMENT

 

I. Residential

II. Commercial

III.Industrial

IV.

Transportation

V. Public & Semi-public

Residen-

tial

O

G/A

Commer-cial

 G/A

Industr-al

O

G/

A

Trans-potation

O

G/

A

Public/

Semi

Public

O

G

/

A

R1

 

 

C-1

 

 

I-i

 

 

Road/

Street

 

 

A to I & K

Institu-tional

 

 

R2

 

 

C-2

 

 

I-2

 

 

Rd wideni-

ng

 

 

Institu-tional

J

 

 

PH

 

 

RM

 

 

I-3

 

 

BBD/

BBDH

 

 

 

Educa-

A to f

 

 

HD

 

 

SC

 

 

IE

 

 

BBS/

BBS&H

 

 

 

Govt

a to b

 

 

PH/HDH



Last edited by amibrahim on Wed Feb 12, 2014 9:26 pm; edited 7 times in total
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