Here’s a detailed summary of Additional Floor Space Index (FSI) as per the provided DCPR 2034 document, including when it’s allowed, its generation and utilization, associated terms and conditions, and restrictions:
Additional Floor Space Index (FSI) in Mumbai’s DCPR 2034: Fueling Specific Developments
Beyond the basic Floor Space Index (FSI), Mumbai’s Development Control and Promotion Regulations (DCPR) 2034, specifically Regulation 33, provide for “Additional FSI” to incentivize and facilitate certain types of development crucial for the city’s growth and public welfare. This additional FSI is a powerful tool to encourage the construction of essential infrastructure, affordable housing, and institutional buildings, among others.
Unlike basic FSI, which is primarily determined by zoning and road width, Additional FSI is granted for specific categories of projects, often with associated terms, conditions, and sometimes, a premium.
When is Additional FSI Allowed? (Categories and Permissibility)
Regulation 33 outlines various categories eligible for Additional FSI:
● Religious Buildings (Regulation 33(1)): A 0.5 FSI in addition to the Zonal (basic) FSI may be permitted for registered Public Trust religious buildings, subject to certain conditions and payment of a premium11111.
● Medical and Educational Institutions and Other Institutional Buildings (Regulation 33(2)): The Municipal Commissioner can permit up to FSI 5 for medical institutions and up to FSI 4 for educational and other institutional buildings. This applies to institutions on independent plots, run by Government/MCGM or public authorities, registered public charitable trusts, or medical institutions on a co-operative basis for charitable purposes22222. Private medical institutions are also covered under specific terms333.
● Buildings of Government/MCGM/Statutory Bodies, Semi-Government and PSU Offices (Regulation 33(3)): FSI up to 5, including Zonal (basic) FSI, can be permitted for office use and allied purposes, considering specific requirements44444.
● Staff Quarters of Government/Statutory Bodies/MCGM on Public Lands (Regulation 33(3)(A)): FSI up to 4, including Zonal (basic) FSI on the gross plot area, can be allowed for staff quarters projects for these entities on their own land55555.
● Staff Quarters of Government/Statutory Bodies/MCGM on Private Lands (Regulation 33(3)(B)): Incentive FSI is admissible for staff quarters constructed and handed over free of cost to the User Authority on private plots of minimum 2000 sq.m abutting a road of minimum 12m width66666.
● Residential Hotels on Independent Plots (Regulation 33(4)): Maximum permissible FSI (including Zonal basic FSI) can go up to 5, subject to premium and other conditions77777.
● Housing Schemes of Maharashtra Housing & Area Development Authority (MHADA) (Regulation 33(5)): FSI up to 3.0 on gross plot area is allowed for new housing schemes for EWS, LIG, and MIG categories. This can be exceeded up to 4.0 FSI for plots of 4000 sq.m or more fronting 18m or wider roads8.
● Reconstruction of Buildings Destroyed by Fire/Collapsed/Demolished (Regulation 33(6)): Reconstruction of buildings that ceased to exist on or after June 10, 1977, due to specific reasons, is allowed with FSI as per Regulation 30(C) (Protected Development)9.
● Reconstruction or Redevelopment of Cessed Buildings in Island City/Old Corporation Buildings (Regulation 33(7)): FSI can be 3.00 on the gross plot area or FSI required for rehabilitation plus incentive FSI (50% to 70% depending on composite development)10101010.
● Reconstruction or Redevelopment of Dilapidated/Unsafe Tenant-Occupied Buildings in Suburbs and Extended Suburbs/Non-Cessed Tenant-Occupied Buildings in Mumbai City (Regulation 33(7)(A)): FSI equal to rehabilitation FSI plus incentive FSI (50% to 70%) is admissible111111.
● Additional FSI for Redevelopment of Existing Residential Housing Societies (Regulation 33(7)(B)): An incentive additional BUA of 15% of existing BUA or 10 sq.m per tenement (whichever is more) is permissible without premium12.
● Construction of Affordable Housing in Special Development Zone (SDZ) (Regulation 33(8)): FSI 1.0 of the gross plot on the owner’s share of land, along with other benefits for developing Affordable Housing (AH) and Other Amenities (OA)1313.
● Reconstruction or Redevelopment of Cluster(s) of Buildings under Urban Renewal Cluster Development Scheme(s) (CDS) (Regulation 33(9)): FSI can be 4.00 or rehabilitation FSI plus incentive FSI (55% to 100%)14141414.
● Slum Rehabilitation Scheme within Dharavi Notified Area (DNA) for Dharavi Redevelopment Project (DRP) (Regulation 33(9)(A)): An overall FSI of 4.00 for the DRP area, with specific guidelines for rehabilitation and sale components15.
● Reconstruction or Redevelopment of Cluster of BDD Chawls (Regulation 33(9)(B)): FSI of 4.00 or rehabilitation FSI plus incentive FSI (55% to 100%)16161616.
● Redevelopment for Rehabilitation of Slum Dwellers (Regulation 33(10)): FSI for rehabilitation of eligible slum/pavement-dwellers includes FSI for rehab and free-sale components, with incentives based on scheme size and land/construction rates. Maximum permissible FSI can be 4.00 or rehabilitation BUA plus incentive BUA17.
● Permanent Transit Camp Tenements for Slum Rehabilitation Scheme (Regulation 33(11)): Total FSI on plot area may be allowed up to 4.0 for construction of Transit Camp tenements18.
● Buildings of Information Technology Establishments (Regulation 33(13)): FSI can be exceeded beyond Zonal (basic) FSI up to 5, for registered Public & Private IT/ITES Parks, AVGC Parks, IT SEZs, or Stand-alone IT/ITES units19.
● Buildings of Smart Fin Tech Centre (Regulation 33(13)(A)): Additional FSI up to 200% over the basic permissible FSI is allowed, with a total cap of 3.00, or 4.00 for plots 2,00,000 sq.m or above fronting 24m or wider roads20.
● Shifting of Cattle Sheds Outside Greater Mumbai (Regulation 33(14)): Additional FSI to the extent of 33% over and above Zonal (basic) FSI on land occupied by cattle sheds is allowed upon their shifting21.
● Development of Land Earmarked for MHADA/Mill Workers Housing (Regulation 33(15)): FSI up to 4.0, including Zonal (basic) FSI, is allowed for development of land earmarked for MHADA/Mill Workers Housing22.
● Reconstruction/Redevelopment in Gaothan/Koliwada/Adivasi Pada Area (Regulation 33(16)): Specific FSI limits are provided based on road width23.
● Buildings of Biotechnology Establishments (Regulation 33(17)): FSI can be exceeded beyond Zonal (basic) FSI up to 5, for buildings in independent plots exclusively developing Biotechnology units2424242424.
● Development of Multi Storey Public Parking Lots (PPL) (Regulation 33(18)): Incentive FSI of 50% of the BUA of the PPL is allowed, with maximum permissible FSI up to 3.00 for plots up to 2000 sq.m and 4.00 for plots above 2000 sq.m2525252525.
● Additional FSI for Commercial User Development in Central Business District (CBD) or Commercial Zones (Regulation 33(19)): FSI up to 5.0, including permissible FSI per Table 12, can be allowed for commercial users in marked CBDs or commercial zones, or converted industrial plots26.
● Affordable Housing (AH)/Rehabilitation & Resettlement (R&R) (Regulation 33(20)): FSI up to 3.00 for plots up to 2000 sq.m and 4.00 for plots above 2000 sq.m for development of AH/R&R on lands of MCGM/Govt./Appropriate Authority27. Private plots can also exceed FSI up to 4.0 if AH/R&R tenements are handed over free of cost to MCGM28.
● Development and Redevelopment of Municipal Market/Public Amenities by MCGM/Government (Regulation 33(21)): FSI can be up to 5 for these developments29.
● Regulation for Exhibition-cum-Convention Centers (Regulation 33(22)): FSI up to 4.00 is permitted in Residential/Industrial/Commercial Zones30.
How is Additional FSI Utilized and Generated?
● Utilization: Additional FSI is generally utilized on the same plot where it is generated. This is a key principle, especially for most of the Regulation 33 schemes. The generated FSI for specific categories will contribute to the total permissible FSI of the plot, often exceeding the basic zonal FSI.
● Generation (Linked to Compliance): The generation of Additional FSI is intrinsically linked to the fulfillment of specific terms and conditions outlined for each category. For example, in slum rehabilitation, the incentive FSI is “admissible against the FSI required for rehabilitation”31. For PPL, it’s generated “on built up parking area, created and handed over to the MCGM free of cost”3232323232.
● Combination with TDR/Premium: For many categories, the Additional FSI can be availed either by utilizing TDR or through payment of a premium, sometimes offering a choice to the owner/developer33. The proportion of TDR vs. premium varies.
Terms and Conditions Associated with Additional FSI:
The granting of Additional FSI comes with a stringent set of terms and conditions, ensuring that the development serves its intended public purpose:
● Payment of Premium: For many categories, particularly private developments benefiting from Additional FSI, a premium is charged. The rate varies significantly, often expressed as a percentage of the Annual Statement of Rates (ASR) for developed land3434 This premium is often shared between the Government and MCGM3535. Recent directives have also reduced these premium rates for a period of two years from August 20, 201936.
● Development Cess: An additional “Development Cess” is often levied for BUA beyond the Zonal (basic) FSI or Protected BUA. This cess is typically 100% of the Development Charge and is intended for off-site infrastructure improvements37. This cess was temporarily not recovered for a period of two years from August 20, 201938.
● Specific Use Restrictions: The Additional FSI granted must be utilized strictly for the bonafide purpose for which it was approved. For instance, in educational institutions, it must be for educational purposes only3939393939. Misuse can lead to penal actions4040
● Handing Over Components: Many schemes necessitate handing over a portion of the developed BUA (e.g., rehabilitated tenements, amenity spaces, public parking lots) to the MCGM or the Appropriate Authority, free of cost and encumbrances414141
● Infrastructure Provision: Developers may be required to develop on-site and sometimes off-site infrastructure, including roads, water supply, sewerage, and storm water drains42424242.
● Consent and Approvals: For redevelopment schemes involving existing occupants (e.g., cessed buildings, slums), a certain percentage of irrevocable written consent from the occupiers is often mandatory434343
● No Further Compensation: For surrendered or handed-over areas, no further monetary compensation or TDR is generally provided beyond what’s stipulated in the regulation44.
● Occupancy Certificate Linkage: Issuance of Occupation Certificates (OC) for the developer’s sale component is often linked to the completion and handing over of the rehabilitation component or other mandated amenities454545
● Corpus Fund: For many redevelopment schemes (e.g., cessed buildings, slums), a corpus fund is mandated to be created by the developer for the long-term maintenance of the rehabilitated buildings464646
● Restrictions on Transfer of Tenements: Rehabilitated tenements often have a lock-in period (e.g., 10 years) during which they cannot be sold or transferred, except to legal heirs474747474747474747.
● Height and Open Space Requirements: While Additional FSI allows for higher density, specific regulations pertaining to building height, marginal open spaces, and fire safety still apply, often with some relaxations for rehabilitation components484848484848484848484848
Restrictions on Utilization:
● Category-Specific Utilization: The Additional FSI is generally tied to the specific use for which it was granted. For instance, FSI for IT/ITES parks must be primarily used for IT/ITES activities49.
● No Residential Use (in certain cases): In some commercial-focused Additional FSI schemes (e.g., CBD development under Regulation 33(19)), residential development may be restricted or not permissible with the Additional FSI50.
● Compliance with Basic Regulations: Even with Additional FSI, the development must generally conform to other basic building requirements and safety norms stipulated in the DCPR51.
● Non-Transferable (in certain instances): While TDR is transferable, the Additional FSI itself, when used on the same plot, is typically non-transferable52.
Additional FSI in DCPR 2034 is a nuanced but powerful instrument designed to guide Mumbai’s development towards strategic objectives, balancing density control with the need for growth, public amenities, and social housing. Its successful implementation hinges on strict adherence to the associated terms and conditions, ensuring that the benefits are realized for the city as a whole.
Disclaimer: This blog post is for informational purposes only and should not be considered legal or professional advice. For specific interpretations or applications of DCPR 2034, it is advisable to consult with a qualified urban planning or real estate professional.