6.3 Permissible FSI

Permissible basic FSI, additional FSI on payment of premium, Permissible TDR Loading on a plot in non-congested area for Residential and Residential with mixed uses and other buildings in developable zones like residential, commercial, public-semi-public etc.shall be as given in Table 6-G below :-

(1) Substituted Vide Corrigendum / Addendum No.CR.79/2021, dt. 02nd December, 2021

Table 6-G

      Sr.             Road width in meters                        Basic            For all Municipal Corporations (2) CIDCO as                 For remaining Authorities / Areas
      No.                                                          FSI               Planning Authority by Virtue of NTDA

                                                                               FSI on         Maximum          Maximum building         FSI on       Maximum           Maximum building
                                                                             payment of      permissible        potential on plot     payment of    permissible         potential on plot
                                                                              premium        TDR loading      including in-situ FSI    premium      TDR loading       including in-situ FSI
      1                             2                                3              4             5                    6                  7               8                    9

      1     Below 9.0 m.                                          1.10             --             --                  1.10                --              --                  1.10

      2     9.0 m. and above but below 12.0 m.                    1.10           0.50            0.40                 2.00              0.30            0.30                  1.70

      3     12.0 m. and above but below 15.0 m.                   1.10           0.50            0.65                 2.25              0.30            0.60                  2.00

      4     15.0 m. and above but below 24.0 m.                   1.10           0.50            0.90                 2.50              0.30            0.70                  2.10

      5     24.0 m. and above but below 30.0 m.                   1.10           0.50            1.15                 2.75              0.30            0.90                  2.30

      6     30.0 m. and above                                     1.10           0.50            1.40                 3.00              0.30            1.10                  2.50

Note –

i) In addition to above, ancillary area FSI up to the extent of 60% of the proposed FSI in the development permission (including Basic FSI, Premium FSI, TDR but excluding the area covered in Regulation No.6.8) shall be allowed with the payment of premium as specified in Regulation No.6.1.1.This shall be applicable to all buildings in all zones.

Provided that in case of non-residential use, the extent of ancillary area FSI shall be upto 80%. No separate calculation shall be required to be done for this ancillary area FSI. Entire FSI in the development permission shall be calculated and shall be measured with reference to permissible FSI, premium FSI, TDR, additional FSI including ancillary area FSI added therein.

Provided further that, this ancillary area FSI shall be applicable to all other schemes like TOD, PMAY, ITP, IT, MHADA, etc. except

(1) Rehabilitation component in SRA. In the result, free of FSI items in the said schemes, if any, other than mentioned in UDCPR, shall stand deleted.

ii) The column of TDR shall not be applicable for the area, where there is no Planning Authority and accordingly, values in subsequent column shall stand modified.

iii) The maximum permissible limits of FSI specified in the Table above, may be allowed to be exceeded in cases mentioned in Chapter-7, where higher FSI is permissible over and above the limit specified in above table.

(1) Substituted Vide Addendum No.CR.236/18, dt. 14th January, 2021

(2) Inserted vide Notification u/s.37(1AA)(c) No.CR.236/18 (Part 6), dt.12th October, 2022

iv) Maximum permissible building potential on plot mentioned under column No.6 or 9 shall be exclusive of FSI allowed for Inclusive Housing as per Regulation No.3.8. There is no priority fixed to utilise premium FSI or TDR as mentioned in Column No.4, 5 and 7, 8. (1) However the Authority, considering the local situation, may allow utilisation of premium FSI and TDR, in equal proportion of permissible premium FSI and TDR mentioned in column No.4, 5 and 7, 8. (e.g. if out of premium FSI mentioned in column No.4 & 7, 40% is proposed to be utilised then out of TDR mentioned in column No.5 & 8, 40% TDR shall also be utilised.) In such cases the Authority shall issue written, well-reasoned speaking orders to that effect. Other conditions of TDR utilisation shall be applicable as per the TDR Regulations No.11.2. In respect of service road, shown on development plan or in approved layout, or plots facing on major road, however deriving access from other roads, the width of highway or major road shall be considered for entitlement of building potential as per column 6 or 9 of above table, as the case may be.

v) Out of quantum of TDR mentioned in Column No.5 or 8 minimum 30% and subject to maximum 50% of TDR shall be utilised out of the TDR generated from Slum Rehabilitation Scheme (Slum TDR) / Urban Renewal TDR / (2) TDR generated from the area of notified URP as per Regulation No.14.8.8(iv)(c)(i) / Amenity construction TDR (till generation of URT). If such TDR is not available then other TDR may be used.

vi) The restrictions of road width mentioned above shall not be applicable in cases where, the permissible FSI is more than the basic FSI in various schemes such as slum rehabilitation scheme, redevelopment of dangerous buildings, cluster development for congested (core) area, redevelopment of MHADA buildings, TOD etc. in such scheme, regulations of respective scheme shall be applicable. (3) However, for special buildings as mentioned in Regulation No.1.3(93)(xiv), provisions mentioned in Regulation No.3.3.9 shall be applicable.

vii) The maximum limits of FSI prescribed above shall be applicable to (a) fresh permission (viz. green-field development (i.e. building on a vacant plot of land) and brown-field development (i.e. cases of addition to existing building where a permissible FSI has not been exhausted.) and also to

(b) an existing building which has not been granted full occupation certificate. The cases of existing buildings shall be subject to production of stability certificate from structural engineer.

viii) Premium - Rate of premium for the premium F.S.I., as mentioned in Column No.4 and 7 above shall be 35% of the rate of the said land mentioned in Annual Statement of Rates without considering the guidelines therein. Apportionment of such amount between Authority and Government shall be as decided by Government from time to time. The premium of the Government, if to be paid, shall be deposited by the Authority in the specified head of account of the Government. In the area of Regional Plans, entire premium shall be paid to the Government through the District offices of Town Planning and Valuation Department.

ix) Basic FSI (1) and premium FSI for unauthorisedly subdivided plots having area up to 0.4 ha. Shall be (2) 75% of the quantum mentioned in column No.3, 4 & 7 and the TDR shall be to the extent of 50% of the quantum mentioned in column No.5 & 8. This provision shall be subject to provisions in Regulation No.3.4.1(i)(a) and (c) wherein plot shall be entitled for full potential.

x) The utilisation of TDR mentioned in above table would be available to an existing road width of 9.0 m. and above so marked under relevant Act.

(1) Inserted Vide Addendum No.CR.236/18 (Part 1), dt. 8th October, 2021

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

(3) Inserted Vide Notification No.CR.236/18 (Part-3), dt. 02nd December, 2021

xi) For plots regularised under Maharashtra Gunthewari Development (Regularisation, Upgradation and Control) Act 2001, these regulations shall apply and allowance of TDR in column No.5 and 8 shall be to the extent of 50%. This shall also be applicable for cases mentioned in Regulation No.3.4.1(i)(b).

xii) (##) In case plots having approach by dead end road, (point access) the potential of plot mentioned in above table shall be permissible if length of such access road does not exceed 100 m.

xiii) If the strip of land / plot adjacent to road is surrendered by the owner to the authority for road widening, then benefit of widened road in terms of building potential, permissible height shall be granted subject to condition that such road widening shall result in widening of road from junction of roads (or origin of road) to junction of roads (or T junction).

xiv) (#) Entire area of plot may be considered for calculating the potential of plot in respect of premium FSI + TDR, but not the basic FSI. Basic FSI shall be calculated on area of the plot remaining with the owner after deducting area under D.P. road / (1) road widening / reservations and amenity space. This shall be applicable in cases where reservation area or amenity space is handed over to the authority.

xv) If (2) any road of width less than 9.0 m. is proposed to be widened to 9.0 m. by the Authority under the provisions of the Municipal Corporation or Municipal Council Act, by prescribing line of street (2) considering 4.5 m. from centre line of the existing road and owner of the plot hands over such affected strip along such road to the authority, then he may be entitled for FSI and potential applicable to 9.0 m. road. (2) This shall be applicable to roads in congested area also.

(#) Clarification issued vide Letter No.CR.236/18 (Part –2) dt.17th September, 2021

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

(2) Inserted / Substituted Vide Corrigendum / Addendum No.CR.79/2021, dt. 02nd December 2021 (##) Clarification issued vide Order No.CR.236/18 (Part –2) dt.23rd December, 2021