Development Control Regulation on Superbuiltup

BOMBAY DEVELOPMENT CONTROL REGULATIONS – 1991

A) DEFINITIONS

2(13) Built up Area (BUA)
Area covered by a building on all floors including cantilevered portion, if any, excepting the areas excluded specifically.

2(15) Carpet Area (CA)
Net usable floor within a building excluding that covered by the walls or any other areas specifically exempted from floor space index computations.

2(42) Floor Space Index (FSI)
= Total covered area on all floors
—————————————-
Plot Area

FAR = FSI are synonymous.
If Plot Area > 10,000 sq. mtrs. 15% is reserved for open space.

2(64) Open Space
An Area forming an integral part of a site left open to sky.

B) DEVELOPMENT PERMISSION AND VARIOUS CERTIFICATES

4(1) Commencement Certificate :- Valid for 1 year.
4(5) Completion Certificate :- to be applied within a month after completion.
4(6) Occupancy Certificate :- issued after inspection.

C) GENERAL PLANNING REQUIREMENT
(Land uses and manner of development)

I FSI

Maximum permissible density – Table 14
Maximum permissible FSI – Table 14.

REGULATION – 33

Additional FSI may be allowed for :-

Road widening and construction of new roads.
Educational, medical, institutional building.
Govt/Semi-Govt., PSU Buildings.
Starred category – Residential Hotel
Low cost housing of MHADA.
Reconstruction of building – destroyed by fire / collapsed due to natural calamities.
Reconstruction / redevelopment of old building of Co-op. Societies of Corporation.
Housing for dishoused.
Reconstruction of cessed building.
Slum housing, resettlement colony, transit camp.
Small size tenement as ULCRA.
MHADA housing with World Bank Assistance
IT park

Regulation 35

A) Exclusion from FSI computations

Staircase, lift rooms of top story.
Lift well, staircase, passages.
Architectural features, chimneys.
Elevated water tank, refuge area
Fire escape stairways, passage as per fire requirement
Basement, covered parking space
One office room for co-op. housing society.
Sanitary block for domestic servants
Meter room, AC plant room, porchers.
Service floor with height less than 1.5 mtrs (5 ft)
Balcony
Effluent treatment plant

In case of Govt/Semi Govt/PSU, the following area shall be excluded :-

Playground, stadium, golf courses
Parade grounds, firing range
Green areas within complexes
Lands kept open for operating purpose
Land under major internal roads
Railway tracks / yards
Land unauthorized / reclaimed.
Land of air fields and air strips.

II TDR

PROVISIONS OF “TRANSFER OF DEVELOPMENT RIGHTS” (TDR)
“Development potential of a plot separated and made available to the owner in the form of TDR”. These rights are tradable.

Regulations for TDR

Owner of a plot / land – who’s land is taken / reserved for amenities / public use.
Who surrender land free of cost.
Development Right Certificate (DRC) shall be issued by Commissioner himself, with FSI credit in sq. mt. where earned, where can be used.
FSI of DRC is equal to gross area of plot.
If amenities are constructed and handed over free of cost, equivalent TDR shall be given.
DRC – is transferable with endorsement.
DRC to be submitted alongwith drawing for loading.
DRC shall not be used in island city.
DRC can be used on the same plot or northward suburban city.
DRC shall not be used in :-
a) B/n track of West Railway and SY Road
b) B/n track of West Railway and Western Express Highway.
c) B/n Central Railway and LBS Marg
d) On plots falling within 50 m on roads, where shops not permitted.
e) Coastal areas, no development.
f) Plot where additional FSI permitted (ex slum)
g) Where permissible FSI is less than 1.0.
DRC usage shall be within permissible FSI
DR’s shall be issued only after surrendering is complete in all respects.
Commissioner issue certificate on “bond paper” & is a negotiable instrument
A register shall be maintained by Commissioner for transaction.
Surrender plot shall vest with corporation / government.

THE ENVIRONMENT PROTECTION ACT, 1986

For protection and improvement of environment
UN Confederation on Human Environment held @ stockhold in June 1972

POWERS OF CENTRAL GOVT.

3(1) shall have power to take all such measures to protect Environment :-
laying down standards.
Planning and execution of nationwide programme.
Restriction on establishing industries.
Inspection of any premises
Establishment or recognition of environment labs / institutes
Preparation of manuals, code, dissemination of information.

COASTAL ZONE REGULATION (CRZ) dt. 20.02.1991

Coastal stretches
ü Sea, estuaries, creeks, rivers, backwater
ü Upto 500m from high tide line
HTL – line on and upto which the highest water line reaches
Dist. From HTL on both sides
Max 500 m – min 100 m based coastal management plan.

A) Prohibited Activities

New Industry/Expansion of existing areas
Excludes –
a. Atomic Energy
b. directly related to water front
c. Non Polluting Industries
Manufacturing / handling/storage/disposal of hazardous substance.
Except – transfer of hazardous substance from ship, refinery, etc.
Setting up and expansion of fish processing units.
Disposal of effluent / waster
Except – required facilities for discharge.
Discharge of untreated waste / effluent
Dumping of solid / Municiple Waste
Dumping of ash from thermal station
Mining of sand, rock – substract materials
Except –
a) Exploration of oil & gas
b) rare materials available only in CRZ
Drawal of ground water
Altering of sand dunes, natural features

B) Regulation of Permissible Activities

Clearance given after detailed assessment – only for water front and foreshore facilities.
Following activities require clearance from MOEF, GOI
· Construction activities – for operational requirements of jetters, defence related.
· Operational construction for ports, harbours.
· Oil and natural gas exploration
· Thermal power plant
· Investment exceeding Rs. 5.00 crores
Coastal management plan to be prepared by all state/UTs
Procedure for monitoring and enforcement.
State Env. Dept., Pollution Control Boards.

C) COASTAL AREA CLASSIFICATION & DEVELOPMENT REGULATIONS

Norms for regulation of activities

CRZ I Areas Ecologically sensitive, important.
No new construction shall be permitted.
Except –
Atomic Energy, Pipelines / Transmission line.
Exploration of natural gas, if no ecologically sensitive.
Salt harvesting by solar evaporation

CRZ II Area already developed close to shoreline new urban areas.

Building only landward side of existing road.
Reconstruction of authorized building as per FSI
Design shall be consistent with local landscape / architecture

CRZ III Relatively undisturbed (not either in CRZ I or II).

Area upto 200 m from HTL declared as no development zone.
Development of plot b/n 200 m – 500 m of HTL will be allowed for temporary occupation of tourists with prior approval of MOEF
House construction / reconstruction allowed b/n 200-500 m zone, if it is traditional / customary use.
In notified SEZ – construction of non polluting industries.

CRZ IV Andaman & Nicobar, Lakshadweep, other islands.

No new construction within 200m.
Coral, sand shall not be used for construction
Dredging and underwater blasting not permitted.
As regulated by MOEF.