Amended DCR doesn’t benefit suburbs, says MSWA

Amended DCR doesn’t benefit suburbs, says MSWA

The amended development control rules had no significant benefit of FSI or open space concessions extepded to Mumbai suburbs.

The Maharashtra Societies Welfare Association (MSWA) and suburban resident welfare associations of Mumbai have sought the withdrawal of new amended Development Control Rules (DCR). They said the changed rules had no significant benefit of FSI (floor space index) or open space concessions extended to the island city for the suburbs.
The DCR amendment came in January this year. The civic body hopes to garner approximately Rs 1,000 crore in premium collection. The square foot rate in of built-up space in the city varies from Rs 72,000 to Rs 20,000, while in suburbs it is between Rs 42,000 and Rs 7,500.

Under the amended regulations, areas such as terraces and swimming pools or individual apartment balconies and ornamental projections that were not part of the FSI would be included in FSI to prevent manipulations by developers. These areas come under a concept of compensatory FSI, in lieu of a premium levied on developers. The areas under.compensatory FSI called ‘fungible FSI` should not be more than 35 per cent of the total area of the apartment. Also, no premium will be charged for fungible FSI while redeveloping dilapidated buildings and in suburbs; the fungible FSI on the FSI already consumed in the existing buildings will be available free of premium. Some other changes include an option of 25 per cent more parking over the DCR limit without premium, which is also exempted in the FSI calculation.

The Maharashtra Chamber of Housing Industry had welcomed the amendments, and said only 20 per cent reservation for affordable housing in more than 2000 square metres plot redevelopment was detrimental to them. According to Mr Boman R Irani, Chairman, Rustomjee Group, there is no advantage for a developer in terms of the amendments, but it had done away with the discretionary power of the authorities, which makes sure that one and all know how much they can build on a plot of land. –

 

THE RATONALE
Suburbs are qualified for one FSI plus loading by way of transfer of developmene rights of one FSI, which they should purchase (total two). This is in addition to fungible FSI and a premium FSI of 0.35 (Grand total of 2.7). BAI has questioned the rationale behind the amendments.

While developers in the island city limit get 1.33 FSI, there are no open plots, and they benefit by the incentives given for redevelopment. There are more than 16,000 old buildings which are eligible for three FSI for redevelopment individually, and four, if developed as a cluster (if projects are amalgamated as one), they contend. Most of the old buildings are cessed tenements. With rents frozen for decades, owners of these buildings have either deserted them or are unable to maintain them. The government brought in a cess collection for these buildings from tenants for maintaining them in the seventies.

BAI said the existing provisions for the city allow three to four FSI in addition to compensatory FSI for the rehabilitation portion. Suburbs get one FSI in addition to TDR (transfer of development right) of one, and compensatory FSI of 35 per cent (calculated on one FSI). But these were capped by the open space regulations.

 

CITY AND SUBURBS

On open space requirement, in suburbs, it is six to nine metres on all sides of the building. For the city, it is six, and concessions can be extended to bring it down to 1.5 metres depending on the plot size.

Further, open space for suburbs is linked with the height of the building and individual sanction from the Brihanmurrbai Municipal Corporation Commissioner.

Mr Anand Gupta of the Builders Association of India said the open space requirement was primarily for fire safety and questioned how it could be relaxed for the city and retained for the suburbs. It was impossible to comply with the open space requirements in suburbs, especially in smaller plots.
Moreover, the Municipal Corporation has defined a special category of plots of less than 600 square metres in the city and made them eligible for reduced open space norms, he charged. More importantly, there were very few dilapidated tenanted buildings in the suburbs, and hence
redevelopment was by the residents themselves. So, there was no justice in denying suburbs the concessions doled out to old buildings in city. Moreover, the plot size in suburbs was far smaller with buildings of two to seven storeys.
Mr Ramesh Prabhu, Chairman of the Maharashtra Society Welfare Association, said a majority of the plots in the town planning schemes under WPD (juhu Vile Pane Development Scheme) were less than 600 square metres. These don’t qualify for any benefits under the open space regulation or rehabilitation component of the amended DCR rules as their counterparts in the city do.

MSWA’s Housing Society Review – 20 April 2012

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9 Comments on “Amended DCR doesn’t benefit suburbs, says MSWA”

  1. PARESH says:

    SIR
    OUR SOCIETY IS GOING FOR RE-DEVELOPMENT AND MY TOTAL CAPET USABLE AREA IS 371 SQ. FT SO UNDER THE NEW DCR RULES HOW MUCH EXTRA AREA CAN I GET OUR DEVELOPER HAS OFFERED 40% EXTRA CARPET AREA .
    PLEASE SUGGEST AND IF ANY OTHER INFORMATION REQUIRED PLEASE INFORM

  2. mangalam says:

    Is under deemed conveyance we get 1.4 additional FSI. what is the stamp duty one has to pay for deemed conveyance and any stamp duty for fungible should not be applicable as being old society. kindly clarify.

  3. Leena Chhabria says:

    SIR

    OUR SOCIETY IS GOING FOR RE-DEVELOPMENT. MY FLAT’S TOTAL CARPET AREA IS 530 SQ. FT. COMPRISING OF TWO ROOMS PLUS KITCHEN PLUS WC PLUS BATH PLUS INTERNAL PASSAGE OF 450 SQ. FT PLUS TWO BALCONIES OF 80 SQ. FT.

    IN RELATION TO THE ABOVE, PLEASE ANSWER THE FOLLOWING QUERIES:

    1) UNDER NEW DC RULES, HOW MUCH AREA CAN I GET?
    2) CAN I LEGALLY CLAIM CORPUS FUND?

    YOUR EARLY REPLY WILL BE HIGHLY APPRECIATED. THANKING IN ANTICIPATION.

  4. ankit says:

    sir,
    My building is going on re development my area is 300 sq feet and I am a tennant of society
    sir pls give me the guidline ..how much area should i get in re development in borivali east we r about 17 tenneant of u r socity

  5. padmanabhan nair says:

    sir.
    i am living in a Mhada society with 32 tenants total. from 32 we 23 tenants are given our concern to the society for redevelop the old building through a builder. the society and the builder made an agreement and registered. The Managing committee appointed a 6 member redevelopment committee and they their power of attorney to the builder including the chairman, secretary, treasurer, internal auditor and one committee member on June this year.

    Now the current position is like this, The chairman of the society sale his tenant without knowledge of committee.
    In this situation a chairman or any other member of the development committee can sell their flat? what is the value of power of attorney ?
    is it necessary made a intiminaty bond to Society?
    Can we cancel this redevelopment agreement?
    Can we return back our concern letter from builder?
    What legal action can we taken towards the development committee member?

    Also I want to know what is expiry period of the concern letter.

    please suggest your valuable ideas through my mail id immediately

    Thanking you and awaiting your addvice

  6. SRIPRAKASH says:

    Our building is located in Kandivali west (RS WARD) it is Mumbai Suburbs.
    there are 6 buildings with 1 open plot in our compound.
    all 6 individual societies lets say A B C B D E F and G as open plot.

    our building plot area is 8525 sq.ft. total construct area is 10922 sq.ft.
    there are 24 flats in our building (ground plus 3 floor) build in 1968/69.
    our society wants to go for redevelopment
    pls brief to my knowledge how much FSI (TDR) the builder can load to rebuild our society.
    what is 35% compensatory FSI / is it on plot area or construct area / is there any Premium.
    how can our builder use 25% of free FSI car parking.

    Tks & Regards.
    SRIPRAKASH DAGIA.

    • yazdi says:

      You will need to contact a professional Architect / Project Management Consultant for the exact eligibility for your area

    • Rasik GUpta says:

      plot size multiplied by 2.7 times will be the area one can construct on your plot less 15% recreational area for example plot size is 1000 sq.yards less 15% net plot size will be 850 sq yards 850 X 2.7 = 2295 sq yards can be constructed to to calculate carpet area on an average u deduct 15% further or actual lobby lift staircase area which ever is less brake up of 2.7 is
      1 FSI is plot FSI
      1 FSI is TDR FSI
      over and above this is 35% Fungible FSI


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