{"id":73,"date":"2025-09-24T06:59:39","date_gmt":"2025-09-24T06:59:39","guid":{"rendered":"https:\/\/kutirgroup.in\/blog\/?p=73"},"modified":"2025-09-24T06:59:39","modified_gmt":"2025-09-24T06:59:39","slug":"regulation-337b","status":"publish","type":"post","link":"https:\/\/kutirgroup.in\/blog\/2025\/09\/24\/regulation-337b\/","title":{"rendered":"Regulation 33(7)(B)"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">Regulation 33(7)(B) of the DCPR 2034 pertains to Additional FSI for the redevelopment of existing residential housing societies, specifically excluding buildings already covered under Regulation 33(7) (cessed buildings) and 33(7)(A) (dilapidated\/unsafe tenant-occupied buildings). 1<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Here&#8217;s a detailed breakdown based on the provided document:<br><strong>FSI Allowed &amp; Additional FSI (Incentives)<\/strong><br><strong>\u25cf Incentive Additional BUA:<\/strong> An incentive additional Built-Up Area (BUA) to the extent of 15% of the existing BUA or 10 sq. m per tenement, whichever is more, is permissible without premium2.<br><strong>\u25cf Utilization of Permissible FSI<\/strong>: If the existing authorized BUA and the incentive BUA mentioned above are less than the permissible FSI as per Regulation 30(A)(1), the society may avail &#8220;Additional FSI on payment of premium\/TDR&#8221; up to the limit of the permissible FSI3.<br><strong>\u25cf Staircase, Lift &amp; Lift Lobby Areas:<\/strong><br>\u25cb If these areas were claimed free of FSI with a premium under previous regulations, they will continue to be granted free of FSI without charging a premium under 33(7)(B)4.<br>\u25cb If these areas were counted in FSI in earlier development, the incentive additional FSI (as stated above) will also be given on such area, and these areas may be availed free of FSI by charging a premium as per DCPR 20345.<br><strong>What Occupant Will Be Given<\/strong><br>\u25cf This regulation is applicable only when existing members of the societies are proposed to be re-accommodated on the same plot6. The document does not specify changes in tenement size for the existing occupants under this particular sub-regulation, implying they would be re-accommodated in their existing areas plus the incentive BUA if distributed among them.<br><strong>Eligibility and Non-Eligibility<br>\u25cf Eligibility:<\/strong><br>\u25cb The regulation applies to redevelopment of existing authorized buildings which are thirty years of age or more7.<br>\u25cb The age of a building is calculated as on the 1st of January of the year in which a complete redevelopment proposal is submitted to the Commissioner, from the date of the Occupation Certificate or the first date of assessment as per property tax records8.<br>\u25cb A General Body Resolution of the society specifying the beneficiary of such incentive additional BUA (members, developer, or a combination) is necessary9.<br>\u25cf <strong>Non-Eligibility\/Restrictions:<\/strong><br>\u25cb This regulation is not applicable to redevelopment proposals processed under Regulation 33(5) (MHADA schemes), 33(7) (cessed buildings), 33(8) (SDZ affordable housing), 33(9), 33(9)(A), 33(9)(B) (Cluster Development schemes), 33(10), 33(10)(A) (Slum Rehabilitation schemes), 33(20)(A) (MCGM\/Govt AH\/R&amp;R), and 33(21) (Municipal Market\/Public Amenities)10.<br><strong>\u25cb Authenticity of Existing BUA for Incentive:<\/strong><br>\u25a0 If the building has an occupation certificate, the existing BUA as per OC plans will be considered for incentive BUA11.<br>\u25a0 If the building has only an approved plan and full Commencement Certificate but no OC, the existing BUA as per approved plans will be considered12.<br>\u25a0 If the building has neither an approved plan nor an OC, and no file number is available, incentive additional BUA is not permissible13.<br>\u25a0 For buildings in the &#8220;tolerated category,&#8221; existing BUA based on assessment records prior to the datum line will be considered14.<br>\u25a0 Subsequent additions in areas will not be considered for incentive BUA if based on assessment records15.<br>\u25cb <strong>Number of Existing Tenements for Incentive:<\/strong><br>\u25a0 If approved plans are available, the number of tenements will be taken from them16. If a residential user in the approved plan was subsequently changed unauthorizedly, the incentive BUA benefit is not permissible for that tenement17.<br>\u25a0 If approved plans are unavailable, the number of tenements will be based on Registrar of Society records, verified against assessment records (the more stringent will be considered)18.<br>\u25a0 Only existing residential tenements are considered for tenement-wise incentive BUA19. For the 15% incentive, existing BUA includes residential and non-residential areas20.<br>\u25cb This regulation is applicable only when existing members of the society are proposed to be re-accommodated in the same project on the plot\/layout21.<br><strong>Restrictions &amp; Relaxations<br>\u25cf Fungible Compensatory Area (FCA):<\/strong> FCA admissible on the existing authorized BUA will be without charging a premium. FCA on the incentive additional BUA will be granted by charging a premium22.<br>\u25cf<strong> Open Space Deficiency:<\/strong> If the plot contains both tenanted and co-operative housing society\/non-tenanted buildings, the proportionate land component of the tenanted building will be developed under Reg 33(7)(A), and the remainder notional plot will be developed under Reg 33(7)(B)23.<br>\u25cf<strong> Independent of Other Benefits:<\/strong> The incentive additional BUA under this regulation is independent of additional BUA permissible under Regulation 14(A) (amenity areas), 15 (inclusive housing), 16 (road widening), and 17 (development of reserved land)24.<br><strong>Tenements Transfer Rules and Conditions<br><\/strong>\u25cf The document does not explicitly detail specific tenement transfer rules within this sub-regulation 33(7)(B), implying that general housing society rules would apply once the redevelopment is complete.<br>TDR Conditions<br>\u25cf If the existing authorized BUA and incentive BUA are less than the permissible FSI as per Regulation 30(A)(1), the society may avail &#8220;Admissible TDR&#8221; up to the limit of permissible FSI25. The specific conditions for TDR generation and utilization are generally governed by Regulation 32.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Regulation 33(7)(B) of the DCPR 2034 pertains to Additional FSI for the redevelopment of existing.<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-73","post","type-post","status-publish","format-standard","hentry","category-kutir-group"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/posts\/73","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/comments?post=73"}],"version-history":[{"count":1,"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/posts\/73\/revisions"}],"predecessor-version":[{"id":74,"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/posts\/73\/revisions\/74"}],"wp:attachment":[{"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/media?parent=73"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/categories?post=73"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/tags?post=73"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}