{"id":75,"date":"2025-09-24T07:04:19","date_gmt":"2025-09-24T07:04:19","guid":{"rendered":"https:\/\/kutirgroup.in\/blog\/?p=75"},"modified":"2025-09-24T07:04:19","modified_gmt":"2025-09-24T07:04:19","slug":"regulation-338","status":"publish","type":"post","link":"https:\/\/kutirgroup.in\/blog\/2025\/09\/24\/regulation-338\/","title":{"rendered":"Regulation 33(8)"},"content":{"rendered":"\n<p>Regulation 33(8) of the DCPR 2034 focuses on the Construction of Affordable Housing in Special Development Zones (SDZ). It addresses both private lands and lands belonging to Government\/Semi-Government\/Appropriate Authorities. 11<\/p>\n\n\n\n<p><strong>Here&#8217;s a detailed breakdown:<\/strong><br>I. Private Land Falling in SDZ 2<br><strong>A. General (Regulation 33(8)(I)(A))<\/strong><br>\u25cf <strong>Plot Area Allowed for Development:<\/strong> This provision applies to any contiguous, unbroken, and uninterrupted piece of land, not less than 2.0 hectares (20,000 sq. m). 3<br><strong>\u25cf Amalgamation:<\/strong> Owners of land parcels smaller than 2 ha may combine their plots to create contiguous land parcels of 2 ha or more to submit a proposal under this regulation. 4<br><strong>\u25cf Restrictions:<\/strong> The land must not be disqualified from development due to other binding laws or regulations. 5<br><strong>\u25cf Approval:<\/strong> Proposals require the prior approval of the Government. 6<br>B. Planning Considerations \/ Submission of Proposal (Regulation 33(8)(I)(B))<br>\u25cf<strong> Demand Assessment:<\/strong> The owner must submit a proposal including a demand assessment for infrastructure such as roads, water supply, sewerage, and storm water drains. 7<br><strong>\u25cf Earmarking of Areas:<\/strong> The proposal must clearly earmark areas for: 8<br>\u25cb<strong> Public Open Spaces<\/strong> (POS) 9<br>\u25cb <strong>Affordable Housing<\/strong> (AH) 10<br>\u25cb <strong>Other Amenities<\/strong> (OA) (e.g., Education, Health &amp; Social Amenities) 11<br>\u25cb <strong>Owner&#8217;s Share of Land <\/strong>(area for other development). 12<br>\u25cf <strong>Access to Amenities:<\/strong> If OA\/POS\/AH areas to be handed over to MCGM are not abutting a municipal road, they must be provided with uninterrupted access as per Table 7 of Regulation 23(1). 13<br>\u25cf <strong>Apportionment of Land (after road deduction):<\/strong> The land area, after deducting the area under proposed roads\/uninterrupted access, is apportioned as follows: 14<br><br>1 Not less than 2 ha &amp; up to 4 ha 30% 15% 14% 41%<br>2 More than 4 ha 30% 15% 12% 43%<br><strong>\u25cf Handing Over &amp; Ownership Transfer:<\/strong><br><strong>\u25cb Advance Possession:<\/strong> Advance possession of all lands other than the Owner\u2019s Share (AH, POS, OA) must be handed over to MCGM at the time of layout approval. 15<br><strong>\u25cb Ownership Transfer: <\/strong>Ownership must be transferred in the name of MCGM in revenue records within one year from the date of advance possession or before seeking commencement certificate beyond the plinth of the Owner&#8217;s share development, whichever is earlier. 16<br><strong>\u25cb Leveling &amp; Compound Wall:<\/strong> Areas earmarked for POS, AH, OA must be leveled and a compound wall constructed before handing over to MCGM. 17<br>\u25cf <strong>Development of AH &amp; OA:<\/strong> Owners have the option to develop AH &amp; OA as per specifications laid down by the Commissioner within three years from the approval date of individual building plans for AH and OA (extendable for valid reasons). 18<br><strong>\u25cf Amenities from Regulation 14(A) &amp; 15:<\/strong> Provisions of Regulation 14(A) (amenity areas in large layouts) and Regulation 15 (inclusive housing) shall not be applicable for development under Regulation 33(8). 19<br><strong>\u25cf What Occupant Will Be Given (Affordable Housing Tenements):<\/strong> The carpet areas for the tenements constructed shall be for EWS, LIG, and MIG categories or as decided by the Government from time to time, subject to a minimum of 25 sq. m. 20<br>\u25cf <strong>Layout Open Space (LOS):<\/strong> The requirement of LOS as per Regulation 27 on AH plot and owner&#8217;s share of land shall be 15%. The overall 25% cumulative LOS of the entire holding (considering POS to be handed over to MCGM and owner&#8217;s share of land\/AH plot) must be achieved. 21<br><strong>C. Infrastructure Development (Regulation 33(8)(I)(C))<\/strong><br>\u25cf The owner must develop the infrastructure network within the layout (AH, POS &amp; OA) to be handed over to MCGM (roads, water supply mains, sewer line, storm water drain, street lights pertinent to that specific scheme) as per concerned department requirements. 22<br><strong>D. Permissible FSI (Regulation 33(8)(I)(D))<\/strong><br><strong>\u25cf Owner Opts Out of Development of AH &amp; OA:<\/strong> If the owner chooses not to develop AH &amp; OA, they will get FSI 1.0 of the gross plot (which includes AH + POS + OA + area covered under road + Owner&#8217;s share) on the Owner\u2019s share of land. 23<br><strong>\u25cf Owner Opts to Develop AH &amp; OA: <\/strong>If the owner chooses to develop AH &amp; OA, they are entitled to FSI 1.0 of the gross plot (as defined above) on the Owner\u2019s share of land along with the cost of construction in the form of BUA as per clause (E)(a). 24<br><strong>\u25cf Development of AH Plot:<\/strong> The plot handed over for AH shall be developed with FSI 2.5 on the AH area. 25<br><strong>\u25cf Development of OA Plot:<\/strong> The plot handed over for OA shall be developed with FSI 2 on the OA plot, with structural provision for vertical extension up to FSI 4. AH Tenements &amp; constructed amenities must be handed over to MCGM. 26<br><strong>\u25cf Additional FSI\/TDR Restrictions:<\/strong> &#8220;TDR&#8221; or &#8220;Additional FSI on payment of premium&#8221; as per Regulation 30(A)(1) (except Fungible Compensatory Area as per Regulation 31(3)) shall not be permissible on the Owner\u2019s share of land. 27<br><strong>\u25cf OA Development under AR:<\/strong> The land handed over to MCGM for OA shall not be allowed to be developed under Accommodation Reservation (AR) as stipulated in Regulation 17, and must be used entirely for the intended public purpose. 28<br><strong>\u25cf Permissible Uses:<\/strong> Residential\/commercial uses, otherwise permissible and independent of road width, are allowed on the Owner\u2019s share of land. 15% of admissible FSI on AH plot must be exclusively used for convenience shops. 29<br><strong>\u25cf Development Charges and Premium Exemptions:<\/strong> Development charges and premium shall not be recovered for any relaxations in open spaces, exclusion of staircase, lift, and lobby areas from FSI computation, and for Fungible compensatory area as per Regulation 31(3) for BUA to be handed over to MCGM. 30<br><strong>\u25cf Development Cess:<\/strong> A development cess at 7% of the Land Rate (for FSI 1) for the BUA (excluding fungible compensatory area) to be constructed on the owner\u2019s share of land shall be paid to MCGM. This is in addition to development charges under MR&amp;TP Act 1966. 31<br>E. Compensation for Development of Infrastructure and Constructed BUA (Regulation 33(8)(I)(E))<br><strong>\u25cf Owner&#8217;s Entitlement:<\/strong> The owner is entitled to BUA in lieu of the cost of construction of AH\/Built-up Amenities, including the entire infrastructure development for MCGM&#8217;s share of land, calculated as: 2.0 * [Rate of construction per sq. m (ASR) \/ Rate of developed land per sq. m (ASR for FSI 1)] * BUA of all amenities &amp; all AH. 32<br><strong>\u25cf BUA to Carpet Area Ratio:<\/strong> A ratio of 1.2 for BUA to carpet area will be used for various requirements. 33<br><strong>\u25cf Free of FSI Components:<\/strong> Areas for staircase\/lift\/staircase and lift for AH tenements\/Amenities shall not be counted in FSI\/BUA and shall be without charging premium. 34<br><strong>\u25cf Commencement Certificate Release:<\/strong> Commencement Certificate (CC) beyond 75% of the admissible BUA shall not be issued unless the infrastructure development in the entire layout and construction of AH tenements\/Amenities is completed &amp; occupation is granted. 35<br><strong>\u25cf Staged Release of BUA:<\/strong> BUA in lieu of infrastructure and AH\/Amenities development may be released in a proportion of 0.50 sale (incentive) area : 1 AH\/Amenity area, with construction progressing simultaneously. 100% of the incentive area can be released only after the entire AH tenements\/Amenities are handed over. 36<br><strong>\u25cf TDR for Unconsumed Incentive BUA:<\/strong> Consumption of FSI on the owner\u2019s share of land is restricted to 4. If incentive BUA remains unconsumed, TDR may be allowed at the owner&#8217;s option, with 20% of such admissible TDR for unconsumed BUA released only after handing over the entire AH tenements\/Amenities to MCGM. 37<br>II. Land of Government \/ Semi-Government \/ Appropriate Authority Appointed by Govt. Falling in SDZ (Regulation 33(8)(III))<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li><strong>General<\/strong><br>\u25cf This applies to contiguous, unbroken, and uninterrupted land of not less than 2.0 ha. 38<br>\u25cf Proposals are sanctioned with prior approval of the Government. 39<\/li>\n\n\n\n<li><strong>Planning Considerations \/ Submission of Proposal<br><\/strong>\u25cf Similar to private land, proposals involve demand assessment for infrastructure and earmarking areas for POS, AH, OA, and the Authority&#8217;s share. 40<br>\u25cf Handing Over &amp; Ownership Transfer: Advance possession of lands other than the Authority\u2019s share (AH, POS, OA) must be handed over to MCGM at layout approval. Ownership transfer to MCGM within one year or before CC beyond plinth of the Authority&#8217;s share. 41<br>\u25cf Leveling &amp; Compound Wall: Authority must hand over POS &amp; OA after leveling and constructing a compound wall to MCGM. 42<br>\u25cf Amenities from Regulation 14(A) &amp; 15: Provisions of Regulation 14(A) &amp; 15 shall not be applicable. 43<br>\u25cf What Occupant Will Be Given (Affordable Housing Tenements): Carpet areas for EWS, LIG, and MIG or as decided by Government, subject to a minimum of 25 sq. m. 44<br>\u25cf Layout Open Space (LOS): 15% LOS on AH plot and Authority\u2019s share, achieving an overall 25% cumulative LOS. 45<\/li>\n\n\n\n<li><strong>Infrastructure Development<\/strong><br>\u25cf The Authority must develop the infrastructure network within the layout (AH, POS &amp; OA) to be handed over to MCGM. 46<\/li>\n\n\n\n<li><strong>Permissible FSI<\/strong><br>\u25cf Authority&#8217;s Share: Eligible for FSI 1.0 of the gross plot (AH + POS + OA + area covered under roads) on the area of Other Development (Authority&#8217;s share). 47<br>\u25cf Development of AH Plot: Government\/semi-government\/Appropriate Authority can develop the AH plot with FSI 2.5. Premium at 60% of land rate (ASR for FSI 1) is payable, except if development is by the State Govt. &amp; MCGM itself. Tenements are for public AH. 48<br>\u25cf Development of OA: Permissible as per these Regulations, with the Municipal Commissioner&#8217;s decision being final. 49<br>\u25cf Additional FSI\/TDR Restrictions: &#8220;TDR&#8221; or &#8220;Additional FSI on payment of premium&#8221; shall not be permissible, except fungible compensatory area. 50<br>\u25cf OA Development under AR: Land handed over for OA shall not be allowed to be developed under AR. 51<br>\u25cf Permissible Uses: Residential\/commercial uses, otherwise permissible and independent of road width, are allowed on the Authority\u2019s share. 15% of admissible FSI on AH plot exclusively for convenience shops. 52<br>\u25cf Development Cess: A development cess at 7% of the Land Rate (for FSI 1) for the BUA (excluding fungible compensatory area) on the Authority\u2019s share of land shall be paid to MCGM. 53<br>General Notes (Applicable to both Private and Authority lands in SDZ)<br>\u25cf The regulation highlights that slum structures in SDZ are to be developed under Regulation 33(10). 54<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"<p>Regulation 33(8) of the DCPR 2034 focuses on the Construction of Affordable Housing in Special.<\/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-75","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\/75","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=75"}],"version-history":[{"count":1,"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/posts\/75\/revisions"}],"predecessor-version":[{"id":76,"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/posts\/75\/revisions\/76"}],"wp:attachment":[{"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/media?parent=75"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/categories?post=75"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kutirgroup.in\/blog\/wp-json\/wp\/v2\/tags?post=75"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}