Regulation 33(9) of the DCPR 2034 outlines the framework for the Reconstruction or redevelopment of Cluster(s) of Buildings under Urban Renewal Cluster Development Scheme(s) (CDS). This applies to the Island City of Mumbai and aims to redevelop a mix of structures within a defined area.
Here’s a detailed breakdown:
Regulation 33(9): Urban Renewal Cluster Development Scheme(s) (CDS)

1. General & Plot Area Allowed for Development (Regulation 33(9)(1.1))
   ● Minimum Area: A CDS must cover a minimum area of 4000 sq. m in the Island City of Mumbai and 6000 sq. m in the Mumbai Suburbs & Extended Suburbs1.
   ● Boundaries: The area should be bounded by existing distinguishing physical boundaries such as roads, nallas, and railway lines, etc.2.
   ● Access: It must be accessible by an existing or proposed D.P. road which is at least 18 m wide3.
   ● Traffic Simulation Study: The High Power Committee (HPC) may consider allowing CDS on a plot having access from an existing minimum 12m wide dead-end road originating from an 18m wide public road, after verifying a traffic simulation study4.
   ● Impact Assessment Study: No cluster can be identified for redevelopment or implementation of CDS without carrying out an Impact Assessment Study regarding the impact on city and sector-level infrastructure, amenities, traffic, and environment5.
   ● Treatment as One Plot: The land under CDS, irrespective of the tenure of the plots, is treated as one plot for the purpose of FSI and computation of marginal distances6.
   ● Amalgamation/Subdivision: Upon approval, any land considered under CDS on various C.S. Nos., CTS Nos., and/or F.P. Nos. is treated as natural amalgamation. No separate approval for amalgamation is necessary7. Boundaries and area are decided as per the approved layout and confirmed by the City Survey Officer8.
   ● Exclusion of Previously Developed Areas: If some areas are previously developed or are in the process of development under different DCPR provisions, they can be included for planning purposes only, but are excluded for FSI calculation under this regulation9. Consent of owners of such areas is necessary10.
2. Eligibility and Non-Eligibility of Occupants for Rehabilitation (Regulation 33(9)(2))
   ● For Buildings:
   ○ Datum Line: No new tenancy created after June 13, 1996, will be considered11. Unauthorized construction for creating new tenancy is not considered for FSI computation12.
   ○ Evidence of Existence: A certified inspection extract of the Municipal Corporation for 1995-96 or a Court Order proving existence of tenements prior to June 13, 1996, is adequate evidence13.
   ○ Certification: The list of occupants and their areas in municipal buildings and their irrevocable written consents must be certified by the MCGM14. For other buildings (excluding slums), this is certified by the Mumbai Building Repairs and Reconstruction Board (MBRRB)15.
   ○ Mezzanine Floors: Mezzanine floors having clear height of 1.8m and above, constructed prior to June 13, 1996, and regularized subsequently, are eligible for rehabilitation and incentive FSI16.
   ● For Slum Areas:
   ○ Protected Occupiers: All protected occupiers as defined in Chapter IE of the Slum Act and certified by the competent authority are eligible17.
   ○ Structure Definition: A structure includes all dwelling areas of persons enumerated as living in one numbered house in the electoral roll of the latest date, up to January 1, 2000, regardless of the number of persons, rooms, or access18.
3. What Occupant Will Be Given & Condition for Rehabilitation (Regulation 33(9)(5))
   ● Basic Entitlement: Each occupant/tenant will be rehabilitated and given on ownership basis, carpet area equivalent to the area occupied in the old building19.
   ● Minimum Carpet Area: For residential/residential-cum-commercial occupants, this carpet area shall not be less than 27.88 sq. m (“basic area”)20.
   ● Additional Area (Incentive for Rehabilitation): In addition to the basic area, there’s an “additional area” for residential/residential-cum-commercial occupants based on the size of the CD:
   Area of the Cluster Development Additional Area (over & above basic area)
   Above 1 ha up to 2 ha 15%
   Above 2 ha up to 5 ha 20%
   Above 5 ha up to 10 ha 25%
   Above 10 ha 30%
   ● Maximum Limit: If the carpet area of any occupant in the old building is 100 sq. m or more, they are eligible for additional area only on the basis of 100 sq. m carpet area21. No occupant can be given more than basic + additional area, except marginally for planning constraints (deducted from sale component)22.
   ● Slum Dwellers Entitlement: Each eligible residential-cum-commercial slum dweller is entitled to a tenement of 27.88 sq. m (300 sq. ft.) carpet area23. For non-residential slum dwellers, it’s existing or max 20.90 sq. m (whichever is less)24.
   ● Carpet Area Definition: Rehabilitation “carpet area” means net usable floor area within a tenement, excluding walls and FSI-exempted areas, but including balcony if allowed free of FSI25.
4. FSI Allowed & Additional FSI (Incentives) (Regulation 33(9)(6))
   ● Total Permissible FSI: The total permissible FSI for a CDS is 4.00 on gross plot area, excluding reservations/existing amenities, road setback, and area under existing Municipal Roads26. It includes the BUA under reservation/existing amenity/road setback or the sum total of Rehabilitation FSI + Incentive FSI, whichever is more27.
   ● Exclusion of FCA: The aforesaid FSI is exclusive of the Fungible Compensatory Area admissible under Regulation 31(3)28.
   ● Incentive FSI Calculation (Basic Ratio – LR/RC): The incentive FSI is based on the ratio of Land Rate (LR) as per ASR and Rate of Construction (RC), varying by cluster size:
   Basic Ratio (LR/RC) Incentive (As % of Admissible Rehabilitation Area)
   For 0.4ha up to 1 ha
   Above 6.00 55%
   Above 4.00 and upto 6.00 65%
   Above 2.00 and upto 4.00 75%
   Upto 2.00 85%

• Weighted Average LR: If multiple land rates apply, a weighted average is used.
• Fixed Ratio: The LR/RC ratio is taken for the year the project is approved and remains unchanged.

● Sharing of Balance FSI: If total rehabilitation FSI + incentive FSI is less than 4.00, the Balance FSI (up to 4.00) is shared between MHADA and the Promoter/Developer based on the Basic Ratio (e.g., 30-70% to 45-55% share for Promoter/Developer)29. MHADA’s share can be provided elsewhere in the same or adjoining Municipal Ward, with equivalent ASR value30.
● Tolerated Structures: “Tolerated structures” (existing prior to Apr 17, 1964 for residential, Apr 1, 1962 for non-residential) encroaching on roads can be included, and their BUA included in rehabilitation area, if permanently removed31.
● Phased Implementation: Permissible if CD area is more than 8000 sq. m (Island City) or 12000 sq. m (Suburbs), with a master plan for the whole cluster32. Minimum area for each phase is 4000 sq. m (Island City) and 6000 sq. m (Suburbs)33.

5. TDR Conditions (Regulation 33(9)(7))
   ● If a part of the incentive FSI is not utilized on the same plot, TDR as per Regulation 32 is given34.
   ● The TDR quantum is governed by a formula comparing ASR values of the generating and receiving locations35.
6. Land Pooling for CDS (Regulation 33(9)(3))
   ● The Promoter of CDS can pool lands by:
   ○ Purchase: Purchasing lands, including buildings. For Public Authority land, a request is made through the Municipal Commissioner to an Empowered Committee (EC) headed by the Chief Secretary36.
   ○ Exchange: Exchanging land with suitable land of at least equivalent ASR value37.
   ○ Procurement of DRs: Procuring DRs over land via registered document38.
   ○ Transfer to Legal Entity: Transferring all lands to a legal entity created by the Promoter for implementing CDS39.
   ○ Acquisition: If the Promoter has purchased/procured DRs over at least 70% land and there are dangerous buildings, HPC may recommend acquisition of balance lands by the Government for public purpose40.
7. Consent for Development (Regulation 33(9)(4)(a))
   ● Redevelopment requires an irrevocable registered written consent by eligible tenants/occupiers of all authorized buildings not less than 51% of each building or 60% overall of the scheme41.
   ● This consent is not required if MHADA/MCGM undertakes redevelopment on its own land without a developer42.
   ● The Developer must submit proof of ownership or DRs for at least 70% of the land under CDS, and for the balance area within one year of LOI issuance43.
8. Restrictions & Relaxations (Regulation 33(9)(13))
   ● FSI Calculation: FSI for all purposes is on gross area of the CDS (without deducting recreational open space)44.
   ● Common Passages: Areas of common passages not exceeding 2.00m in width, for accessing rehab and MHADA components, are not counted towards FSI45.
   ● Front and Marginal Open Spaces (Rehab/Composite Buildings):
   ○ For buildings up to 32m height, front open space is 3.0m, side and rear marginal open spaces may be reduced to 3.0m46.
   ○ For buildings 32m to 70m height, side and rear marginal open spaces are not less than 6m47.
   ○ For buildings over 70m height, side and rear marginal open spaces are not less than 9m (and 12m beyond 120m)48.
   ○ Fire Engine Access: A 6m clear open space at ground level must be maintained on at least one side (accessible from roadside) for fire engine maneuverability for buildings over 32m height49.
   ● Front Setback Abutting DP Road (18.3m+): Front marginal open space not insisted upon beyond 3.0m, if road is not an Express Highway or wider than 52m50.
   ● Nalla Abutment: Marginal open space along a trained nallah is 6.0m from the edge51.
   ● Distance between Rehab Buildings: Not less than 6.00m for buildings up to 32m height52.
   ● Composite Building: Must have at least 50% BUA as rehabilitation component53.
   ● Layout Open Space (LOS) Relaxation: Even if LOS is reduced for viability, at least 10% of CD plot area must be provided as LOS54. An additional 10% of CD plot area is earmarked for LOS, adjustable against DP reservation/built-up amenity55.
   ● Premium for Relaxations: Premium is not charged for exclusion of staircase, lift well, etc. (Reg 31(1))56. For other relaxations in open spaces (except front open space in sale component), a premium at 2.5% of ASR is charged, subject to CFO compliance57.
   ● Commissioner’s Discretionary Power: The Municipal Commissioner can sanction relaxations in marginal open spaces (except front) and parking requirements for bonafide hardship, without affecting health, fire, and safety58. Government (HPC) has power to relax any provisions59.
9. Tenements Transfer Rules and Conditions (Regulation 33(9)(16))
   ● Restriction on transfer of tenements is governed by Maharashtra Rent Control Act until Co-op. Housing Society is formed, then by Maharashtra Co-op. Societies Act60.
   ● Tenements constructed for slum rehabilitation cannot be transferable for a period of 10 years61.
10. Incentives (Other)
    ● Non-Residential Use: 30% of the incentive FSI can be used for non-residential purposes permissible under the DCR62.
    ● Temporary Transit Camps: Permitted in the same CD or elsewhere in MCGM limits (on Promoter/Developer land) up to 4.00 FSI, with concessions from SRA Scheme under Regulation 33(10)63. Must be demolished after full OC for rehab component64.
    ● Corpus Fund: A minimum of Rs 50,000/- per tenement (or as directed by HPC) must be created by the Promoter/Developer for maintenance of rehabilitation buildings for 10 years65.
    ● Amenities by HPC: If HPC approves areas for amenities (Fire Stations/Hospitals/Police Stations/Schools) beyond DP reservations, such amenities must be handed over to the concerned Authority free of cost. Their BUA is considered towards rehabilitation FSI, and incentive FSI is permissible66.
11. Redevelopment of Slums (Interaction with 33(10))
    ● Slum Inclusion: Slum areas (declared under Slum Act or on Public lands prior to 1.1.2000) can be included if they do not constitute more than 50% of the CD area67.
    ● FSI for Slums: Slums on unbuildable reservations (fully occupied) may be rehabilitated with permissible FSI utilized within the cluster area, if the entire land under reservation is handed over to MCGM without compensation68. No concessions under 33(10) apply to these specific rehabilitated slum dwellers69.
12. Any Reservation (Regulation 33(9)(8))
    ● Development of DP Reservations: Construction/reconstruction of slums/buildings under DP Reservations is permissible as stipulated in Regulation 17(3)(C)(I)70.
    ● Rearrangement of Roads/Reservations: DP Roads or Regular Line of street passing through CDS area can have their FSI utilized in the same scheme71. The location and area of DP road/existing roads can be rearranged based on traffic study, without affecting continuity or reducing total area72.
    ● Heritage Buildings: Grade-I and II Heritage buildings and structurally sound retainable buildings can be included but must be kept as they are. Their area counts towards incentive FSI slab but not FSI under this regulation. A Heritage Cess (5% of ASR on BUA) is payable73. For Grade-III heritage buildings and buildings in heritage precincts, existing DCPR provisions apply74. HPC consults MHCC for Grade I structures75.
13. TDR Conditions (Additional)
    ● No Premium for FCA in Rehab Component: No premium is charged for fungible compensatory area admissible for the rehabilitation component of an CDS sanctioned by HPC, and for tenements handed over to MHADA and areas of reservation handed over to MCGM/Appropriate Authority76. This FCA is for rehabilitation component only and cannot be used for the sale component77.