DCR Modified To Allow Compensatory FSI at a Premium

Incidentally it may be stated that a series of meetings were held with the representatives of the MCHI with a view to seek their views on the proposed amendments

Mr. Subodh Kumar, Commissioner, MCGM.

The Municipal Corporation of Greater Mumbai (MCGM), after consultations with the Maharashtra Chamber of Housing Industry (MCHI), has modified the Development Control Regulations (DCR) for Greater Mumbai, enabling provision of compensatory FSI (floor space index) by charging a premium for the same.
Municipal Commissioner Mr. Subodh Kumar wrote to the Principal Secretary, Urban Development Department, Government of Maharashtra, on July 13, proposing modifications to certain provisions of the DCR specifically dealing with exemption from FSI computation and fire protection measures.
“Incidentally it may be stated that a series of meetings were held with the representatives of the MCHI with a view to seek their views on the proposed amendments,” said Mr. Kumar in his letter to the Principal Secretary. “Wherever possible their views have been taken into consideration while suggesting modifications to the DCR.”

In short, the proposed amendments have the following new features:

The D.C. Regulation No. 35(2) has been divided into D.C. Regulation 35(2) and 35(3), with additional provision by way of D.C. Regulation 35(4) for compensatory FSI by charging premium.
Provision of number of basements/podiums to meet the additional need for parking, at the same time curtailing the tendency of providing excessive parking/deck parking.
Providing cantilever refuge areas at mid landing level of staircases.
Provision of fire chutes and fire check floors for buildings having hight more than 70 mt.
Rationalisation of criteria for open space requirements for fire fighting of high rise buildings and in respect of dead wall concept and the height of floor in some users.

An exercise was also undertaken to work out the reasonable areas required to be permitted for such features and to prescribe a proportionate FSI so as to bring uniformity and prevent such misuse, by charging premium for granting compensatory FSI.
“While working out the reasonable areas for the items now proposed to be counted in FSI, only normally permissible features have been taken into consideration, disregarding the abnormal cases of misuse and select misplaced concessions,” said the Municipal Commissioner.
The averages for various features for which areas are now proposed to be counted in FSI are worked out for residential, commercial and industrial buildings separately and the total percentage of such compensatory FSI to be given by charging premium are 25 per cent, 15 per cent and 15 per cent respectively.
Premium is proposed to be charged for Residential, Industrial and Commercial buildings at 100 per cent, 125 per cent and 200 per cent respectively, of the rate of developed land as per Stamp Duty Ready Reckoner Rates (SDRR).
The commissioner also proposed to make this compensatory FSI fungible so as to give flexibility to architects for designing the buildings, thereby achieving the dual purpose of functionality coupled with architectural features and to obviate need for policing by the MCGM staff for violation.
The Municipal Commissioner noted that in a number of cases, on account of lack of clarity and specific guidelines, there are serious misuses of certain regulations in respect of elevational/ornamental features such as niches, ducts, voids, etc, and other features such as lily ponds, deck parking, refuge areas, etc., which are granted free of FSI without premium.
In some cases deck parking alone is equivalent to the flat area, which is eminently mis-usable. Likewise in some cases 300 to 400 sq. ft. per flat has been sanctioned in the name of lily pond with deck area. In some cases, projections more than 1.2 mt. Have been sought and sanctioned with creative nomenclature, such as eco-friendly deck, part/pocket terraces, sit out areas, etc.
To deal with these issues, provisions in the relevant DCR in respect of other Indian metropolitan cities and even international cities such as Singapore have been examined.
“It is also necessary to bring transparency and rationalize these provisions with a view to curtail need for policing by the staff subsequently,” added the Commissioner. “Fir this purpose it is proposed to count some of the features in FSI computation which at present are exempted from FSI and in lieu thereof grant compensatory FSI by charging premium for features such as deck parking, flowerbeds, ducts, voids, niches, part/pocket/covered terraces, A.C. Plant Room/A.H.U., Meter Rooms, etc. However, it is proposed to permit the A.C. Plant Room/A.H.U., Meter Rooms, D.G. Set Rooms, etc, in the basement free of FSI, without premium.”
According to him, the concept of granting FSI on charging premium by Planning Authority is already in existence in Chennai city.
After the amendments to DCR 36, the requirement of parking in every building has increased substantially, Hence it is incumbent upon the owners/developers to provide more area of basement and propose podiums/parking floors for parking, which at present is being permitted as a concession by the Municipal Commissioner.
He has, therefore, proposed to increase the area of basement for parking by removing the restriction on the total area of basement, vis-a-vis plot area/plinth area. It is also proposed to permit podium on plots having area more than 1,500 sq. mt., and also allow up to three basements, podium floors and stilts as required to fulfill mandatory parking requirement under DCR.
The DCR for Greater Mumbai were sanctioned by the Maharashtra Government in February 1991 and came into force a month later. In the last 20 Years, the government carried out several modifications to various provisions of the regulations and also added new regulations. These were done to implement the various polices of the government and the MCGM. Some of the provisions were amended as a result of the recommendations made by various government-appointed committees, while others were made due to court decisions. The amendments were done with a view to have effective implementation of the provisions of the DCR for the benefit of the public at large.
However, no major or minor modifications were done to the provisions of DCR 35, which deals with exemption of some structures/features from FSI computations. Similarly provisions of DCR 43 and 44, which deal with fire prevention/protection measures have also remained untouched.
Work on the revision of Development Plan for Greater Mumbai has already been taken in hand by the MCGM; consultants have also been appointed. The entire DCR- 1991 will be required to be reviewed in totality and will be considered for revision as an important part of the revision of Development Plan, pointed out the Commissioner.
“As this exercise will take considerable study and time, it is necessary to take immediate steps in respect of certain provisions on priority basis to have immediate effect. Hence, these amendments are proposed,” added Mr. Kumar.