BMC issues public notice on special provision for ‘iconic buildings’

The special provision, under Regulation 33(27), allows for the creation of structures of “architectural excellence”. It defines what an iconic building is and the eligibility criteria for developers to construct such a structure

MUMBAI: The state government’s move to create “iconic buildings” in space-starved Mumbai is beginning to take shape. Amid concerns that these structures could lead to an FSI windfall for developers, the civic administration has issued a notice inviting objections and suggestions from the public on a special provision introduced by the state in the Development Control and Promotion Regulations (DCPR) 2034.

BMC headquarters (Hindustan Times)

The special provision, under Regulation 33(27), allows for the creation of structures of “architectural excellence”. It defines what an iconic building is and the eligibility criteria for developers to construct such a structure.

The objections and suggestions have been invited by the Brihanmumbai Municipal Corporation (BMC) as it will be the primary planning authority for such proposals in Mumbai.

Under the proposed new regulation, iconic buildings are those that display exceptional uniqueness in shape, size, aesthetic appeal, architectural or structural design, urban integration, or conceptual and thematic innovation. HT was the first to report on iconic buildings on October 1, 2022.

To qualify to submit a proposal under this regulation, the builder should have developed at least 1 million square metres of built-up area in previously completed projects, or should have recorded an annual turnover of not less than ₹5,000 crore in any one of the last three financial years.

The notice states that the permissible Floor Space Index (FSI) will be in accordance with the provisions of DCPR 2034. However, subject to committee recommendation, the state may grant additional FSI upon payment of a premium that will be divided between the BMC and the state government in a two-thirds to one-third ratio, respectively.

Moreover, architectural or elevational elements that contribute to the building’s iconic nature but are non-habitable in nature may be considered for exemption from FSI calculation, with no premium levied, subject to government approval following committee scrutiny.

Each proposal will be evaluated by a specially constituted committee led by the municipal commissioner. “The committee will comprise distinguished individuals from various fields, including global architecture, visual arts, business and urban planning. The municipal commissioner will also appoint two more experts from the academic or professional domains of architecture and urban design. Only five proposals can be recommended each year, and these will be announced officially on significant national days such as January 26, May 1, or August 15,” the notice states.

The project must be located on an independent plot and at least 40% of its space must be accessible to the public, either for free or through tickets or bookings. The developer will be responsible for the lifelong upkeep and maintenance of the building or premises.

All statutory regulations concerning environmental clearance, heritage conservation, coastal zone regulation, aviation, and archaeology must be complied with by the developer.

The concept of iconic buildings is already raising eyebrows. “The definition of ‘iconic building’ in the regulation is vague and open-ended. Contrary to the commonly understood meaning of iconic structures as culturally or historically significant landmarks, the regulation appears designed to benefit a select few developers,” said advocate Godfrey Pimenta from Watchdog Foundation.

Pimenta told HT, “The eligibility conditions requiring a minimum of 1 million sq m built-up area or ₹5,000 crore turnover effectively restricts access to a handful of large developers. Furthermore, the state government would be an unchecked authority to grant additional FSI at 50% of ASR land rates, with no upper cap, raising concerns of arbitrary and preferential treatment,” he said.