Residential building regulations in DCPR 2034 are comprehensive, covering various aspects from basic development to complex redevelopment schemes. These regulations aim to manage density, promote affordable housing, and facilitate the renewal of older structures in Mumbai.

1. Basic Residential Zoning & Permissibility

• Residential Zone (R-Zone): This is defined as a mixed-use zone where residential use is predominant, but other specified uses are also permitted¹.
• Permissible Uses: Residential uses are generally permissible in R-zones. Customary home occupations and professional work from home are also allowed². Other uses like healthcare facilities without indoor bedding, pre-primary schools, police stations, convenience shops, and certain service industries are conditionally permitted³.
• Conditions: Permissibility often depends on conditions like independent plot, independent building, separate wing/floor with separate access, or location on the ground floor⁴.

2. Floor Space Index (FSI) for Residential Buildings

• Zonal (Basic) FSI (Regulation 30(A), Table 12):
  • Island City: 1.33⁵⁵.
  • Suburbs and Extended Suburbs: 1.0 (with specific areas like BARC, Akse, Marve, and CRZ-affected areas of Erangal having lower FSI like 0.75 or 0.5)⁶⁶.
• Additional FSI on Payment of Premium (Regulation 30(A), Table 12): Residential developments can avail additional FSI by paying a premium. For example, in the Island City, plots with 27m and above road width can reach a permissible FSI of 3.0 (1.33 basic + 0.84 additional + 0.83 TDR). In Suburbs, for roads 27m and above, the total permissible FSI is 2.5 (1.0 basic + 0.5 additional + 1.0 TDR)⁷⁷.
  • Premium Rate: The premium rate for residential development is 35% of the land rates as per ASR (for FSI 1) of the year in which FSI is granted⁸.
• Transfer of Development Rights (TDR) (Regulation 32): TDR can be utilized on receiving plots for residential development to achieve higher FSI up to the permissible limits⁹⁹⁹. The utilization is governed by a formula based on ASR of generating and receiving plots¹⁰.
• Fungible Compensatory Area (FCA) (Regulation 31(3)): Residential developments can avail FCA up to 35% over and above admissible FSI/BUA. For residential development, this is generally by charging a premium at 35% of ASR (for FSI 1)¹¹. However, in various specific redevelopment schemes (detailed below), FCA on rehabilitation components is granted without charging a premium¹².
• Exemptions from FSI (Regulation 31(1)): Various areas are not counted in FSI, including staircases, lift wells and lobbies, basements (for parking/services), covered parking spaces (within limits), refuge areas, service floors (with height limits), entrance lobbies in stilt portions, open-to-sky swimming pools, and specific utility areas¹³.

3. Special Residential Redevelopment Schemes (Regulation 33)

These regulations provide significant incentives and specific rules for residential redevelopment, especially for older, dilapidated, or informal housing.

A. Redevelopment of Cessed Buildings in Island City (Regulation 33(7))

• Eligibility: Reconstruction undertaken by landlords, Co-operative societies of landlords, or Co-op. Housing Societies of existing tenants (or proposed) for cessed buildings existing prior to 30.09.1969 that attract MHAD Act, 1976¹⁴. Requires irrevocable written consent by not less than 51% of the occupiers¹⁵.
• What Occupant Will Be Given: Each eligible residential occupant is rehabilitated with the carpet area occupied in the old building, subject to a minimum of 27.88 sq. m (300 sq. ft.) and/or a maximum of 120 sq. m (1292 sq. ft.), free of cost¹⁶. Excess area over 120 sq.m is paid for by the tenant at ASR cost¹⁷. Non-residential occupiers get equivalent old area¹⁸.
• Incentive FSI:
  • Landlord/Co-op Societies: FSI 3.00 or rehabilitation FSI + 50% incentive FSI (whichever is more)¹⁹. Occupier eligible for 5% additional rehab carpet area²⁰.
  • Composite Redevelopment (2-5 plots): FSI 3.00 or rehabilitation FSI + 60% incentive FSI (whichever is more)²¹. Occupier eligible for 8% additional rehab carpet area²².
  • Composite Redevelopment (6+ plots) or Municipal properties with >650 tenements/ha: FSI 3.00 or rehabilitation FSI + 70% incentive FSI (whichever is more)²³. Occupier eligible for 15% additional rehab carpet area²⁴.
  • Co-operative Housing Society of Occupiers (non-cessed): FSI 2.50 or rehabilitation FSI + 50% incentive FSI²⁵.
• Restrictions/Relaxations: Relaxations in building requirements (e.g., open spaces) are incorporated from Regulation 33(10) (except clauses 6.11, 6.16 & 6.18)²⁶²⁶. Minimum 10% open space must be maintained²⁷.
  • Premium for Relaxations: 10% of normal premium or 2.5% of ASR (for FSI 1), whichever is more²⁸.
• Development Cess: Additional development cess of Rs. 5,000 per sq. m (or 100% of Development Charges) for BUA over existing BUA (rehab & free sale)²⁹.
• Tenement Transfer Rules: Restriction on transfer governed by Rent Control Act (until Co-op. Society formed) then by Maharashtra Co-op. Society’s Act³⁰.
• Corpus Fund: Created as prescribed by MHADA³¹.
• Reservation Interaction: Land component of cessed structure automatically deleted from reservation. Reservation area beyond can be developed under Accommodation Reservation (AR)³².

B. Reconstruction of Dilapidated/Unsafe Existing Authorized Tenant-Occupied Building in Suburbs/Extended Suburbs & Non-Cessed Tenant-Occupied Buildings in Mumbai City (Regulation 33(7)(A))

• Eligibility: For buildings declared unsafe or to be demolished under lawful order³³. Requires irrevocable written consent by not less than 51% of the tenants³⁴.
• What Occupant Will Be Given: Same as 33(7) for residential, non-residential, and residential-cum-commercial tenants³⁵.
• Incentive FSI:
  • Tenant-occupied building: Rehabilitation FSI + 50% incentive FSI³⁶. Occupier eligible for 5% additional rehab carpet area³⁷.
  • Composite development (tenant + non-tenanted): Rehabilitation FSI + 50% incentive FSI + FSI of non-tenanted buildings³⁸.
  • Composite redevelopment (2-5 plots): Incentive FSI 60%; 8% additional rehab carpet area³⁹.
  • Composite redevelopment (6+ plots): Incentive FSI 70%; 15% additional rehab carpet area⁴⁰.
• Restrictions/Relaxations: Same relaxations as 33(10) (Clause 6.11, 6.16 & 6.18 exceptions) apply⁴¹. Premium for relaxations is 10% of normal or 2.5% of ASR⁴².
• Development Cess: Rs. 5000 per sq. m for BUA over basic FSI (rehab & free sale)⁴³. Enhanced by 10% every three years⁴⁴.
• Tenement Transfer Rules: Governed by Rent Control Act (until Co-op. Society formed) then by Maharashtra Co-op. Society’s Act⁴⁵.
• Corpus Fund: To be created for building maintenance⁴⁶.

C. Additional FSI for Redevelopment of Existing Residential Housing Societies (Regulation 33(7)(B))

• Eligibility: Redevelopment of existing residential housing societies excluding those under 33(7) and 33(7)(A), where existing members are re-accommodated on the same plot⁴⁷. Applicable for buildings 30 years of age or more⁴⁸.
• Incentive: Incentive additional BUA to the extent of 15% of existing BUA or 10 sq. m per tenement, whichever is more, permissible without premium⁴⁹.
• FSI Utilization: If existing BUA + incentive is less than Reg 30(A)(1) FSI, society can avail additional FSI on premium/TDR⁵⁰.
• FCA: FCA on existing authorized BUA is without premium; on incentive additional BUA it is with premium⁵¹.

D. Construction of Affordable Housing in Special Development Zone (SDZ) (Regulation 33(8))

• Plot Area Allowed for Development: Contiguous, unbroken land, not less than 2.0 ha⁵².
• Planning Considerations: Plot area (after road deduction) is apportioned for Affordable Housing (AH – 30%), Public Open Spaces (POS – 15%), Other Amenities (OA – 12-14%), and Owner’s Share (41-43%)⁵³.
• What Occupant Will Be Given: Carpet area for EWS, LIG, MIG tenements, minimum 25 sq. m⁵⁴.
• FSI Allowed: FSI 1.0 of the gross plot on the Owner’s share of land. AH plot developed with FSI 2.5, OA plot with FSI 2 (up to FSI 4 with vertical extension)⁵⁵.
• Restrictions: No TDR or additional FSI on premium (except FCA) permissible on owner’s share. No Reg 14(A) & 15 amenities applicable⁵⁶.
• Incentives: Development charges and premium not recovered for relaxations/FCA for BUA handed over to MCGM⁵⁷.
• Development Cess: 7% of Land Rate (for FSI 1) for BUA on owner’s share⁵⁸.
• Rehabilitation/Tenement Transfer: AH tenements and constructed amenities must be handed over to MCGM⁵⁹. CC beyond 75% BUA linked to completion/handover⁶⁰.

E. Reconstruction or Redevelopment of Cluster(s) of Buildings under Urban Renewal Cluster Development Scheme(s) (CDS) (Regulation 33(9))

• Plot Area Allowed for Development: Minimum 4000 sq. m (Island City), 6000 sq. m (Suburbs/Extended Suburbs), accessible by 18m+ DP road⁶¹.
• FSI Allowed: Up to 4.00 on gross plot area or Rehabilitation FSI + Incentive FSI (55-100%)⁶².
• What Occupant Will Be Given (Rehabilitation Entitlement): Carpet area equivalent to old building, but not less than 27.88 sq. m (basic area), plus additional area (15-30%) based on cluster size⁶³.
• FCA: FCA is without premium for rehabilitation component⁶⁴.
• Land Pooling: Promoter can pool land via purchase, exchange, DR procurement, transfer to legal entity, or acquisition⁶⁵.
• Consent: Irrevocable registered written consent by eligible tenants/occupiers not less than 51% of each building or 60% overall⁶⁶.
• Tenement Transfer: Slum rehab tenements non-transferable for 10 years⁶⁷.
• Corpus Fund: Minimum Rs 50,000/- per tenement for maintenance⁶⁸.
• Reservation: DP Reservations can be developed as stipulated⁶⁹.

F. Redevelopment for Rehabilitation of Slum Dwellers (Regulation 33(10))

• Eligibility: “Protected occupier” as defined in Slum Act, whose names and structures appear in electoral roll (e.g., Jan 1, 2000)⁷⁰. Only actual occupants are eligible⁷¹.
• What Occupant Will Be Given: Free residential tenement of 27.88 sq. m (300 sq. ft.) carpet area (including balcony, bath, WC)⁷². Commercial: up to 20.90 sq. m free, excess can be sold⁷³.
• FSI Allowed: Maximum 4.0 or rehab BUA + incentive BUA (whichever is more)⁷⁴. Incentive BUA based on complex table (LR/RC and area)⁷⁵.
• FCA: FCA is without premium for rehab and free-sale components⁷⁶.
• TDR Conditions: TDR can be allowed in lieu of sale component if FSI cannot be used in-situ⁷⁷.
• Tenement Transfer: Non-transferable for 10 years (except legal heir)⁷⁸.
• Corpus Fund: Rs. 40,000/- per tenement to SRA for maintenance⁷⁹.
• Development Cess: 2% of ready reckoner rate for BUA over basic FSI (excluding FCA)⁸⁰.
• Temporary Transit Camps: Provided on site or nearby plots, FSI exempt^81818181.

G. Permanent Transit Camp Tenements (Regulation 33(11))

• FSI Allowed: Total FSI up to 4.0 for construction of transit camp tenements⁸².
• What Occupant Will Be Given: Carpet area of 27.88 sq.m (300 sq.ft.)⁸³.
• TDR Conditions: TDR in lieu of unconsumed sale component of additional FSI may be permitted⁸⁴.
• Transfer Conditions: Occupation Certificate for other parts linked to transit camps handover⁸⁵.
• Clubbing: Schemes can be clubbed across wards (with premium)⁸⁶.
• No FSI if less than 1.0: Not applicable to plots where Zonal FSI is less than 1.00⁸⁷.
• Restrictions: Not permissible on DP reserved/existing amenity land, SDZ/GZ⁸⁸.

These regulations, while complex, provide a multifaceted approach to residential development in Mumbai, addressing various housing needs and urban challenges through a combination of regulatory control, incentives, and social considerations.