7.6.2 Redevelopment of tenanted buildings

i) The FSI allowed for redevelopment of building having protected tenants under the relevant provisions of law, shall be FSI permissible under Regulation No.6.1 or 6.3, or the FSI consumed by the existing authorized building including TDR, premium FSI etc., whichever is more. (Such TDR, Premium FSI etc. utilised in existing building shall be treated as a basic FSI for redevelopment.) In addition to this, 50% incentive FSI of the rehab. area required for rehabilitation of tenants shall be allowed. Provided that rehab. area shall be the authorisedly utilised area or 27.87 sq.m. carpet area per tenement, whichever is more. In case of non- residential occupier the area to be given in the reconstructed building shall be equivalent to the area occupied in the old building.

Provided that, where such building is partly self-occupied by the owners, then entitlement of such partly area shall be governed by the provisions mentioned in Regulation No.7.6.1 above.

Provided further that, if the existing authorised built up area and incentive thereon as stated above is less than maximum building potential mentioned in Regulation No.6.1 or 6.3, as the case may be, then society may avail premium FSI / TDR upto maximum building potential.

ii) All the eligible tenants of the old building shall be re-accommodated in the redeveloped building.

iii) In case of fire gutted buildings, the conditions of more than 30 years age of buildings shall not be applicable.

Note :- (applicable for Regulation No.7.6.1 & 7.6.2)

1) For the purpose of deciding authenticity of the structure if the approved plans of existing structure are not available, the Authority shall consider other evidences such as Assessment Record or City Survey Record or Sanad.

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

2) The new building may be permitted to be reconstructed in pursuance of an agreement to be executed on stamp paper by at least 51% of the landlord / occupants in the original building, within the meaning of the Bombay Rents, Hotel and Lodging House Rents Control Act, 1947 or Apartment Act and its related provision and in such agreement provision for accommodation for all occupants in the new building on agreed terms shall be made and a copy of such agreement shall be deposited with the Planning Authority before commencement or undertaking reconstruction of the new buildings.

3) An amount as may be decided by the Government shall be paid by the Owner / Developer / Society as additional Development Cess for the built up area over and above the Base FSI. A corpus fund as decided by the Authority is to be created by the Developer which will take care of the maintenance of the building for a period of 10 years.

(2)

4) Provided further that, for the purpose of Regulation 7.6.1 and 7.6.2, incentive FSI shall be allowed for redevelopment of building which were existing in Gram Panchyat areas before their enclusion in ULB for any Regional Development Authority subject to following conditions :-

i. Building shall be atleast 30 years old;

ii. Gram Panchyat must have levied property tax on the building and authorised area shall be taken from the said property tax bill.