Regulation 33(7)(A) of the DCPR 2034 addresses the reconstruction or redevelopment of dilapidated or unsafe existing authorized tenant-occupied buildings in the Suburbs and Extended Suburbs, as well as existing authorized non-cessed tenant-occupied buildings in Mumbai City1.
Here’s a breakdown of the details:
FSI Allowed & Additional FSI (Incentives)
● For plots with only tenant-occupied buildings: FSI will be equal to the FSI required for the rehabilitation of existing lawful tenants plus 50% incentive FSI2.
● For composite development (tenant-occupied building along with non-tenanted building): FSI will be equal to the FSI required for rehabilitation of existing lawful tenants plus 50% incentive FSI, plus the FSI already authorizedly utilized/consumed by the non-tenanted buildings/structures3.
● For composite redevelopment of two or more (but not more than five) tenant-occupied plots: The incentive FSI will be 60%, and the occupier will be eligible for an 8% additional rehab carpet area4.
● For plots with six or more tenant-occupied buildings: The incentive FSI will be 70%, and the occupier will be eligible for a 15% additional rehab carpet area5.
● Option to utilize FSI up to permissible limit: If the rehab plus incentive FSI is less than the permissible FSI as per Regulation 30, the owner may opt for development up to the permissible FSI by availing TDR/Additional FSI on payment of premium at 50% of the normal premium as per Regulation 306.
What Occupant Will Be Given
● Each tenant will be rehabilitated and given the carpet area occupied by them for residential purposes in the old building, subject to a minimum fixed carpet area of 27.88 sq. m (300 sq. ft.) and/or a maximum carpet area up to 120 sq. m (1292 sq. ft.), free of cost7.
● For non-residential occupiers, the area given free of cost in the reconstructed building will be equivalent to the area occupied in the old building8.
● If the carpet area for residential purposes exceeds 120 sq. m (1292 sq. ft.), the cost of construction for the area over and above 120 sq. m will be paid by the tenant/occupant to the developer, at the ready reckoner rate of that year9. This excess area will be considered for rehab FSI but not for incentive FSI10.
● Each eligible residential-cum-commercial occupant will be entitled to a tenement of minimum carpet area of 27.88 sq. m (300 sq. ft.)11.
● “Carpet area” for rehabilitation purposes means the net usable floor area within a tenement, excluding areas covered by walls or specifically exempted from FSI computation, but including balcony areas if allowed free of FSI as per the then-prevailing regulation12.
Eligibility and Non-Eligibility
● Eligibility:
○ Redevelopment may be permitted with the irrevocable written consent of not less than 51% of the tenants of the old building13.
○ All tenants of the old building must be re-accommodated in the redeveloped building14.
○ A certified inspection extract of the Municipal Corporation for the year 1995-96 or a Court Order proving the existence of tenements prior to June 13, 1996, will be considered adequate evidence to establish the number of tenements15.
● Non-Eligibility/Restrictions:
○ No new tenancy created after June 13, 1996, will be considered16.
○ Unauthorized construction made in buildings for creating new tenancies in existing tenancies will not be considered for FSI computation17.
Restrictions & Relaxations
● General Restrictions:
○ Reconstruction must strictly conform to the provisions of the development plan and these Regulations18.
○ No construction or reconstruction is permitted on set-back areas or areas required for road-widening; such areas must be handed over to the Municipal Corporation19.
● Relaxations for Rehabilitation:
○ Relaxations incorporated in Clause 6 of Regulation 33(10) (except clauses 6.11, 6.16, & 6.18) apply20. These include:
■ No separate kitchen is necessary; cooking space (alcove) allowed without minimum size restrictions21.
■ No size restriction for bath or water closet unit; no stipulation of one wall abutting open space as long as artificial light & ventilation are provided22.
■ Septic tank filter bed permitted where municipal services are likely to be available within 4-5 years23.
■ In rehabilitation component, lift not insisted upon up to ground plus five floors24.
■ Areas of common passages not exceeding 2.0 m in width, provided in rehabilitation component to give access, will not be counted towards FSI25.
■ Where plot abuts a nallah, marginal open space along it can be reduced to 3m (provided 6m is available on one side)26.
■ Distance between any two rehab/composite buildings up to 32m height not less than 6m27.
■ Composite building must contain at least 50% BUA as rehabilitation components28.
■ Where more than minimum front and marginal spaces are provided, such additional area may be considered as part of amenity open space, without charging premium for relaxation29.
■ Pathway dimensions: length up to 20m, width 1.5m; 21-30m, 2.0m; 31-40m, 2.5m; 41-59m, 3.0m30.
■ Between pathway and marginal distances, the larger will prevail. Building permitted to touch pathways31.
■ Means of access for buildings up to 32m height may be relaxed32. Access through existing pathways not less than 3.6m wide is considered adequate for slum rehabilitation projects33.
■ Premium will not be charged for exclusion of staircase and lift-well areas34.
■ All relaxations are for the rehabilitation component and composite buildings35.
■ CEO of SRA is competent to make necessary relaxations for bona fide hardship36.
○ Premium for Relaxations: Payment of premium at the rate of 10% of normal premium or at the rate of 2.5% of the land rates as per ASR (for FSI 1), whichever is more, shall apply for relaxations37.
Tenements Transfer Rules and Conditions
● Allotment: Tenements in the reconstructed building will be allotted by the landlord/s or Co-operative Housing Societies of existing tenants to the tenants as per the list certified by the Municipal Corporation of Greater Mumbai38.
● Corpus Fund: A corpus fund is to be created by the landlord/s or Co-operative Housing Societies of existing tenants, which will take care of the maintenance of the building for a period of 10 years39.
● Restriction on Transfer: Restriction on transfer of tenements will be governed by the provisions of the Rent Control Act until a Co-operative Society is formed, and thereafter by the Maharashtra Co-operative Societies Act40.
Other Conditions
● Additional Development Cess: An amount of Rs. 5000/- per sq. m will be paid by the landlord/s or Co-operative Housing Societies of existing tenants as additional development cess for the built-up area over and above the F.S.I. permissible as per Table 12 under Regulation 3041. This amount is for both rehabilitation and free sale components42. This cess will be used for schemes to improve off-site infrastructure in the area43.
● Time Limit for Reconstruction: The reconstruction or redevelopment work must commence within one year from the date of demolition and be completed within five years44. Alternate accommodation arrangements for tenants must be made during this period45.