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This is an archive article published on April 20, 2016

Open spaces around buildings set to shrink in Mumbai

Likely inclusions in draft DC regulations: increased parking space, more buildable area for plots, development charges to be paid by builders.

 mumbai building, open space near buildings, BMC, Brihanmumbai Municipal Corporation, Development Control, Maharashtra Chamber of Housing Industry ,indian express mumbai Draft Development Control regulations (2014-2034) are expected to be unveiled later this week. Express Archive photo

Norms for compulsory open spaces around buildings in Mumbai are all set to be eased, increasing the buildable area of plots.

The Brihanmumbai Municipal Corporation, which is currently revising the Development Control (DC) regulations applicable to the city, has planned some sweeping changes to planning requirements for a building projects, even as it retains current levels of permitted floor space index (FSI) for most of Mumbai.

Another significant plan is to liberalise parking norms for making developers provide more off-street parking spaces. Also, the BMC could collect ‘development charges’ from each project while doing away with powers to grant various concessions in planning requirements and the premiums collected on it.

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These are some of the likely inclusions in the crucial chapters on FSI and planning norms for building projects in the draft DC regulations (2014-2034), which are expected to be unveiled later this week.

While existing regulations require builders to set aside an area equalling at least a third of the height of the building above ground level as compulsory open space to ensure proper light and ventilation, senior civic officials said the revised regulations could ease this norm to one-fifth of the building height. The compulsory open spaces — to be provided on all sides except the front — are insisted upon to ensure proper light and ventilation to the building.

A senior official said the move to ease open space norms followed a series of meetings that civic officials held with private town planners, architects, and developers, where it was pointed out that the current norm was challenging to meet in the case of several small plots undertaking redevelopment. While the existing norms provide the municipal commissioner with the discretion to extend concessions in these requirements for ‘genuine hardships’ on payment of premiums calculated on ready reckoner values, several allegations contending misuse, red-tape, and graft while granting such concessions have been raised in the recent past.

“We are expecting that the proposals to grant concessions for open space deficit will significantly decrease following the relaxation in norms,” said a senior civic official involved in the formulation of the revised regulations.

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The catch for the BMC is that it earns an average Rs 500 crore annually through open space concessions, which it expects would be halved under the proposed new regime. On similar lines, the BMC is also working on a plan to permit more free-of-FSI areas for parking spaces, and minimise or do away with the need for seeking concessions on payment of premium for deficit in parking norms.

The BMC has already proposed to allow 40 per cent of recreational open spaces around a building to be replicated on a podium. Following a meeting with representatives of the Maharashtra Chamber of Housing Industry (MCHI) and Practising Engineers, Architects, and Town Planners Association (PEATA) on Monday, it is considering to increase the cap by allowing 10 per cent space to be created on the podium.

Further deciding to provide more elbow room to builders and architects to plan space inside an apartment, the BMC has decided to do away with mandatory norms for sizes of various rooms and heights that are provided in the existing regulations. “These will now be provided in the form of guidelines that flat purchasers and developers can refer to,” said a senior official.

To curb unethical practices by developers, the civic body plans to push for inclusion of these dimensions in the sale agreement, instead. Developers unable to meet the size norms are currently required to seek special permission from the municipal commissioner.

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Meanwhile, in the case of parking requirements, the civic planners have reasoned that there was a need to create more parking space inside a building to discourage parking on the roads. Currently, a builder is permitted to construct, free-of-FSI, one parking space for every four residential tenements measuring over 377 sq ft, one parking space for every two residential tenements of size ranging from 484 sq ft to 753 sq ft, and one parking space for each such tenement above 753 sq ft. Sources said this would be ‘liberalised’ further for creation of more parking space.

In fact, sources said, the civic body was considering allowing one parking space free-of-FSI for each sale tenement. Parking spaces reserved for motorcycle parking, too, are expected to be offered free-of-FSI for smaller apartment sizes.

Civic officials, however, pointed out that the move to minimise grant of concessions was expected to adversely hit the corporation’s revenue. The BMC currently amasses Rs 5,000 crore through various development premiums. To compensate for this revenue shortfall, the civic body is considering the option of levying a development charge of 1-1.5 per cent of ready reckoner values for the additional built-up area made available above the basic zonal FSI. To cushion the impact for builders, a senior civic official said, the option of collecting this on installment basis, depending on the stage of construction, was being explored. Further, sources said, the BMC might also request the state government to increase the rate of collection of off-site infrastructure charges for redevelopment of colonies located on MHADA layouts. It also plans to request for decrease in the government’s share of premium for compensatory fungible FSI from 50 per cent to 25 per cent, though sources said the government was unlikely to accept this request.

The BMC has turned down a demand from the builders to increase FSI for the entire city. It is expected to retain the existing FSI of 2 in the suburbs. While a basic FSI of 1.33 is available in the island city at present, this is expected to increase to an FSI of 2, with the government expected to permit loading of transfer of development rights (TDR) in city areas too. Builders could, however, benefit with the civic body planning to allow some more building areas — electrical ducts, fire ducts, garbage chutes, and double-heighted entrance lobbies — free of FSI. On Monday, developers pushed for an increase in the base FSI to 2.5, but the civic planners do not favour the move.

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The civic administration has also turned down a request to renew provision to allow architectural features such as niche, flower beds, etc free of FSI. The provision was discontinued in 2012 following complaints of excessive misuse. However, a proposal to permit building fins — an architectural feature — free of FSI up to a particular limit is being considered, according to sources.

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