14.3 Affordable housing scheme

i) The Authority may permit implementation of Affordable Housing Scheme in accordance with the provisions of these Regulations. Affordable Housing Scheme (hereinafter referred to as ‗the Scheme‘) shall be permissible only on the lands situated within the limits of Municipal Corporation.

a) Affordable Housing Scheme shall be permissible in Residential Zone only and on plots having access from an existing or proposed Development Plan Road having width equal to or in excess of 18.0 m. or an existing road in respect of which Regular Line of Street has been declared under the relevant provisions of Maharashtra Municipal Corporation Act, for a width of 18.0 m.or more.However in case of a proposed road, the land under the said proposed road shall be acquired before the approval of building plans for the Affordable Housing Scheme.

b) Minimum plot area for the Affordable Housing Scheme shall be 4000 Sq.m., excluding area under D.P. Roads and D.P. Reservations, if any.

c) The plot under the Scheme shall be independent, unencumbered and contiguous.

d) The Scheme shall not be permissible in congested areas, demarcated as such on the Development Plan.

e) Maximum permissible FSI (including the basic FSI of 1.00) under the Scheme shall be 3.00 on the gross plot area, including mandatory layout recreational open space and Amenity Space. The FSI to be utilized shall be in the proportion of 1:3 for the Affordable Housing Component and the Free Sale Housing Component on ¼ th and ¾th part of the land respectively. Thus Affordable Housing and Free Sale Housing shall be proposed on the same plot of land but on two separate independently buildable pockets.

f) Under Affordable Housing Scheme, upto 15% of the total built-up area of the Affordable Housing Component may be used for construction of shops / commercial use as per the direction of Urban Local Body and such commercial built-up area shall be handed over to the concerned ULB free of cost.

g) An Affordable Housing Unit shall be a self-contained dwelling unit of 27.88 sq.m. carpet area. However the carpet area of a Housing Unit shall be 160 sq.ft. / (1) 25 sq.mt. where the construction under the Rental Housing Scheme/ (1) Affordable Housing Scheme, as the case may be, has already commenced.

h) The amenity space for Affordable Housing shall be as per these regulations and it shall be proportionately provided in the area earmarked for the Affordable Housing Component and the area kept for Free Sale Housing component.

Provided that where the Scheme is to be implemented on a plot in Industrial Zone where the Planning Authority has duly permitted Residential user under the relevant provisions of the Development Control Regulations :-

i) no further area shall be required to be kept as amenity space under this Regulation for the Scheme if the area prescribed to be kept as amenity space while permitting residential user in Industrial Zone is equal to or more than 10% of the gross plot area.

ii) only the balance area shall be required to be kept as amenity space under this Regulation for the Scheme if the area of amenity space prescribed by the Planning Authority, while permitting residential user in Industrial zone, falls short of 10%.

ii) a) Notwithstanding anything contained in the relevant provisions of the Development Control Regulations for the respective Municipal Corporation regarding the provision of Amenity Space in general, and also regarding permitting Residential User in Industrial Zone, it shall be obligatory on the Developer / Owner to develop the amenity space for users (hereinafter referred to as prescribed amenity users) such as School, Play Ground,

(1) Inserted vide Corrigendum / Addendum No.CR.121/21, dt.02nd December, 2021

Garden, Health Care Facilities, Multipurpose Hall, Auditorium, etc. with the approval of Authority as per the specifications prescribed by the said Authority, subject to the condition that atleast 50% of such amenity space shall be kept for open users, before seeking Occupancy Certificate for the Free Sale Housing Component of the Scheme, failing which the land under such amenity space shall be handed over free of cost to the Planning Authority and such land shall be developed by the Authority for the aforesaid prescribed amenity users only. No compensation in the form of TDR shall be admissible to the Owner / Developer for development of such prescribed amenities under this Regulation.

b) Irrespective of whether the Owner / Developer develops the prescribed amenity users as per the provisions of (1) Clause (ii) above or fails to do so, the process of handing over the land under such amenity space, along with the developed prescribed amenities, where such prescribed amenities have been developed, shall be completed within one month from the date of application by the Developer / Owner for seeking Occupancy Certificate for the free sale housing component of the Scheme and if such handing over process is not completed within the said period, the occupancy certificate for the free sale housing component of the Scheme shall be withheld by the Authority till such amenity space, along with developed prescribed amenities, where such prescribed amenities have been developed, is handed over to the Authority.

c) Under theAffordable Housing Scheme, there shall be a welfare hall and a Balwadi at the rate of 30.0 sq.m. for every multiple or part of 200 residential units and an office for Co-operative Housing Society at the rate of 30.0 sq.m. per every multiple or part of 500 residential units which shall be treated as a part of Affordable Housing Component and shall not be counted towards the FSI while computing 3.00 FSI on the site and shall be given along with layout / D.P. roads and shops, free of cost to the concerned ULB. These facilities shall be constructed at locations as suggested by the concerned ULB and shall be transferred free of cost to it.

iii) Under the Affordable Housing Scheme, off-site infrastructure charges at the rate of 5% of the land rate as given in the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration, Maharashtra State, for the year in which Commencement Certificate is issued (without applying guidelines of ASR), subject to a minimum of Rs.2000/- per Sq.m., shall be paid by the Developer for the built up area, over and above the normal permissible FSI. This amount shall be paid to the concerned ULB.

iv) Release of FSI under the Scheme shall be as follows :-

FSI for Affordable Housing Component and the Free Sale Housing Componentunder the Scheme shall be released in accordance with the following (1) Table No.14-S. Table No.14-S

              Sr.                       Stages of Release of FSI                      Affordable    Free Sale
              No.                                                                      Housing     Component*

Component*

               1.       On      Grant of Building Permission /                           3.00         1.00

Commencement Certificate up to plinth by Commissioner to the Affordable Housing Project

               2.       On Completion of 50% BUA of Affordable                           --           0.75

Component

               3.       On Completion of 100% BUA of Affordable                          --           0.75

Component

               4.       On handing over of 25% land and completed                        --           0.50

Affordable Component

                        Total                                                           3.00*        3.00*

(1) Substituted vide Corrigendum / Addendum No.CR.121/21, dt.02nd December, 2021

* Explanation - The FSI of 3.00 is to be calculated separately on the one-fourth of plot area for Affordable Housing Component as well as three-fourth of plot area for Free- Sale Housing component.

v) The Affordable Housing Component under the Scheme shall be handed over along with the ¼th part of the total plot of land, free of cost to the concerned ULB.

vi)(a) The affordable housing stock created under the scheme shall be allotted by the concerned ULB as follows :-

Table No.14-T

              Percentage               Allotment to              Category          Rate of allotment

of stock

                  50        Respective ULBs for use as PAP Ownership           Free of cost

ownership free of cost tenements or

                            staff    quarters     or     transit

accommodation.

                  25        Government of Maharashtra and its      Ownership   Free of cost

statutory bodies / Govt. undertaking for use as PAP tenements or staff quarters or transit accommodation

                  25        As affordable housing by MHADA         Ownership   Free of cost to MHADA
                            subject to the general or specific                 which shall dispose of the
                            direction of the Government                        same as per its policy and

drawl of lots

(b) The affordable housing stock shall be disposed of as per the prevailing policy of MHADA regarding pricing and disposal of its housing stock meant for affordable housing. Each project approved under the Scheme shall be brought to the notice of the Governmentof Maharashtra and its statutory bodies / Government undertakings by means of press advertisement and if the Government of Maharashtra or any of its statutory bodies / Government Undertakings doesn‘t place firm requirement for the housing stock earmarked for them in the Scheme before the completion certificate / occupation certificate for the said scheme is issued, the same shall come to the share of MHADA for outright sale as per the prevailing policy of the MHADA.

vii)(a) The other aspects of the development of affordable housing scheme, not specifically dealt with hereinabove, shall be as per the relevant provisions of UDCPR.

b) It shall also be permissible for the developer / owner to utilise the FSI available for free sale housing component, fully / partly for any other user otherwise permissible as per UDCPR.

c) In case owing to genuine hardship and site conditions, relaxation in marginal open spaces is sought by the developer / owner, the authority may consider such request, using its discretionary powers under the UDCPR, subject to the condition that in no case shall the clear marginal open space be reduced below 6.0 m. No premium shall be charged for granting such relaxation in marginal open spaces in respect of affordable housing component of the scheme.