The DCPR 2034 provides regulations for commercial buildings, often integrated with other development types. Here’s a detailed breakdown of how commercial buildings are addressed within the regulations, including aspects of restrictions, relaxations, incentives, FSI, and their interaction with other development schemes:
Commercial Building Regulations in DCPR 2034

1. Land Use Zoning and Permissibility 1

● Commercial Zone (C-Zone): Defined as a mixed-use zone with commercial use as the predominant activity, where other specified uses are also permitted2.
● Permissible Uses in C-Zone: Table C of Regulation 34 details a wide range of permissible commercial activities, from business offices and retail shops to hotels, malls, and IT establishments3.
● Conditions for Permissibility: Commercial uses are subject to various conditions (Table B and C of Regulation 34) which can include:
○ Independent plot/building 4
○ Separate wing or floor with separate access 5
○ Location on ground floor or specific floors 6
○ Minimum street width abutting the plot (e.g., 9m, 12m, 13.40m, 18.30m) 7
○ Special permission from the Commissioner or Police Commissioner 8
○ Maintaining segregating distances 9

2. Floor Space Index (FSI) for Commercial Buildings 10

● Zonal (Basic) FSI (Table No. 12, Regulation 30(A))11:
○ Island City:
■ Less than 9m road width: 1.33 FSI 12
■ 9m and above but less than 12m: 1.33 FSI (Basic) 13
■ 12m and above but less than 18m: 1.33 FSI (Basic) 14
■ 18m and above but less than 27m: 1.33 FSI (Basic) 15
■ 27m and above: 1.33 FSI (Basic) 16
○ Suburbs and Extended Suburbs:
■ Less than 9m road width: 1.0 FSI 17
■ 9m and above but less than 12m: 1.0 FSI (Basic) 18
■ 12m and above but less than 18m: 1.0 FSI (Basic) 19
■ 18m and above but less than 27m: 1.0 FSI (Basic) 20
■ 27m and above: 1.0 FSI (Basic) 21
● Additional FSI on Payment of Premium (Table No. 12, Regulation 30(A))22:
○ Commercial developments can avail additional FSI on payment of premium. This varies based on road width. For example, in Island City, on roads 27m and above, an additional 0.84 FSI can be availed, reaching a total permissible FSI of 3.023. In Suburbs, on roads 27m and above, an additional 0.5 FSI can be availed, reaching a total permissible FSI of 2.524.
○ The premium rate for commercial development is 40% of the ASR (for FSI 1) of the year of sanction (as per 154 directives)2525.
● Transfer of Development Rights (TDR) (Table No. 12, Regulation 30(A))26:
○ Admissible TDR also contributes to the permissible FSI. The quantum of admissible TDR depends on road width and location (Island City vs. Suburbs)27.
○ TDR from any land use zone can be utilized on any receiving plot irrespective of the land use zone, anywhere in Mumbai City area and Mumbai Suburban/Extended Suburban area, based on the formula X=(Rg/Rr)∗Y28.
● Fungible Compensatory Area (FCA) (Regulation 31(3))29:
○ Commercial development can avail FCA up to 35% over and above admissible FSI/BUA30.
○ This is by charging a premium, revised to 40% for Commercial development of ASR (for FSI 1)3131.
○ This premium is shared between MCGM, State Govt., and MSRDC32.

3. Additional FSI for Specific Commercial Uses (Regulation 33)
   ● Residential Hotels (Regulation 33(4))33:
   ○ Max permissible FSI (including Zonal basic) can go up to 5 for hotels on independent plots, depending on road width (12m – FSI 3; 18m – FSI 4; 27m – FSI 5)34.
   ○ Subject to 30% premium on BUA beyond Zonal FSI, shared equally by Govt. & MCGM35.
   ○ 5% of total rooms reserved for Govt./MCGM free of cost for 30 days/year36.
   ○ Commercial uses up to 20% of Zonal (basic) FSI are permissible within the hotel, in addition to hotel-specific uses37.
   ● Information Technology Establishments (Regulation 33(13))3838:
   ○ Max permissible FSI beyond Zonal (basic) can go up to 5 (12m – FSI 3; 18m – FSI 4; 27m – FSI 5) for registered IT/ITES Parks/Units3939.
   ○ Premium for additional FSI is 40% of ASR for open developed land4040.
   ○ Max 20% (or 40% in some Corporations) of total BUA can be for support services4141.
   ○ Penalties for misuse of IT/ITES space for non-IT activities4242.
   ● Smart Fin Tech Centre (Regulation 33(13)(A))4343:
   ○ Additional FSI up to 200% over basic FSI, with a total cap of 3.00 (or 4.00 for plots 200,000 sq.m+ on 24m+ roads)4444.
   ○ Premium of 40% of land rate for additional FSI4545.
   ○ At least 85% of BUA must be for Fin Tech business4646.
   ● Additional FSI for Commercial user development in Central Business District (CBD) or Commercial Zone (Regulation 33(19))47:
   ○ FSI up to 5.0 (including basic FSI) can be allowed on plots in CBDs or Commercial Zones, or industrial plots converted to commercial48.
   ○ Premium for such additional BUA is 40% of ASR (for FSI 1), shared equally by GoM and MCGM49.
   ○ No residential development allowed with this additional FSI50.
   ○ No Inclusive Housing (Reg 15) applicable for development in CBD51.
   ● Exhibition-cum-Convention Centers (Regulation 33(22))52:
   ○ Permissible in Residential/Industrial/Commercial Zones53.
   ○ FSI up to 4.00 by charging 10% premium on land rate54.
   ○ Minimum plot area 5 hectares55.
4. Restrictions and Relaxations
   ● Open Spaces: Requirements for open spaces (front, side, rear) as per Regulation 41 vary by zone and building height. Commercial buildings typically have stricter open space norms than residential ones56.
   ○ For Mall/Shopping Centers/Multiplex/Departmental Stores, an additional 3.0m front open space for traffic management/holding bay is required57.
   ● Height Restrictions: Subject to funnel of vision, aerodrome vicinity, railway track boundary, and electricity lines (Regulation 45)58.
   ● Parking Requirements: Commercial buildings have specific parking requirements based on their floor area (Regulation 44, Table 21)59.
   ● Fire Protection Requirements: High-rise and special commercial buildings must comply with stringent fire safety norms, including minimum clear open spaces for fire appliance accessibility (Regulation 47, Appendix I)60.
   ● Non-Conforming Uses: Existing authorized non-conforming commercial uses can continue and may be re-accommodated in new buildings (ground, first, second floor, or separate wing) with special permission, provided they are not industrial, hazardous, or polluting (Regulation 34(3.3))61.
   ● Temporary Constructions: Temporary structures for exhibitions/circuses, site offices, sales offices/sample flats, godowns for construction materials are permitted for limited periods (Regulation 57)62.
5. Terms and Conditions
   ● Premium Payment: Premiums for additional FSI and FCA are a common condition, often shared with the Government636363.
   ● Development Cess: An additional development cess is usually applicable for BUA beyond Zonal FSI64.
   ● Specific Use Compliance: The development must strictly adhere to the specific use for which additional FSI is granted (e.g., IT/ITES, FinTech)65656565.
   ● Infrastructure Contribution: Developers may be required to provide or contribute to on-site and off-site infrastructure66.
   ● Monitoring and Penalties: Misuse of granted FSI for unauthorized commercial activities can lead to significant penalties and revocation of permission (e.g., for IT/ITES, FinTech)67676767.
   ● No Refund/Adjustment of Past Premiums: Generally, premiums paid prior to new regulations/revisions will not be refunded or adjusted68.
   ● NOCs: Various No Objection Certificates (NOCs) from authorities like Civil Aviation, Fire Department, Directorate of Industries, etc., are required based on the nature and scale of the commercial development (Appendix III)69.
6. Interplay with Other Development Schemes
   Commercial development often integrates with or is influenced by other large-scale schemes:
   ● Slum Rehabilitation (Regulation 33(10)): In SRS, eligible existing commercial activities in slums are rehabilitated, typically receiving a smaller carpet area free of cost (e.g., 20.90 sq. m), with options to buy additional area. Convenience shopping for the rehab component may also be included. Commercial incentive areas for societies/NGOs are also provided70.
   ● Cluster Development Schemes (CDS) (Regulation 33(9)): Non-residential uses (including commercial) can be re-accommodated regardless of their non-conforming nature (except hazardous/polluting)71. A percentage (e.g., 30%) of the incentive FSI can be used for non-residential purposes72.
   ● Special Development Zones (SDZ) (Regulation 33(8)): While SDZ’s primary focus is affordable housing, commercial uses, including convenience shops, are permissible on the owner’s share of land, and 15% of AH plot FSI can be for convenience shops73737373.
   ● MHADA Housing Schemes (Regulation 33(5)): Existing commercial/amenity units in MHADA schemes are entitled to rehabilitation area (existing carpet area plus 20%)74. Convenience shopping along layout roads with 9m-18m width is permissible75.
   ● Redevelopment of Cessed Buildings (Regulation 33(7)) and Dilapidated Buildings (Regulation 33(7)(A)): Existing non-residential (commercial) occupiers are given equivalent area in the reconstructed building76767676. A percentage of the incentive FSI (e.g., 20%) can be used for non-residential purposes77777777.
   ● Municipal Market Redevelopment (Regulation 33(21)): Existing licensed vendors are reallocated spaces, often with 20% more carpet area. Balance FSI can be used for other permissible uses in the respective zone78.
7. Tenement Transfer Rules and Conditions (General)
   ● For commercial units (shops/offices) in redevelopment, the document typically focuses on providing equivalent area to existing tenants/occupants. Transfer rules for these commercial units after redevelopment would generally follow property laws and agreements between the developer/society and the commercial unit owner, rather than specific “tenement transfer rules” designed for residential housing.
8. Eligibility and Non-Eligibility for Commercial Occupants (General)
   ● Eligibility for re-accommodation is primarily based on the existing authorized status of the commercial unit on the plot prior to redevelopment. Unauthorized commercial constructions are generally not considered for rehabilitation benefits.
9. Plot Area Allowed for Development & Planning Consideration
   ● For plots with commercial development, the plot area is determined by its boundaries and any deductions for roads or reservations. The development must ensure adequate access, parking, and compliance with all safety and environmental norms. The FSI is applied to the net plot area after specific deductions.
   In summary, the DCPR 2034 provides a detailed and multi-layered regulatory framework for commercial buildings in Mumbai, integrating them into the broader urban fabric while attempting to manage density, promote specific economic activities, and ensure public welfare through various incentives and stringent conditions.