50-sq-m houses to be calculated from basic FSI, UD clarifies

The urban development department in Mumbai has clarified that the construction of 50-square-metre tenements should be consumed from basic FSI and not include TDR, premium FSI, and ancillary area FSI. This clarification came in response to a representation made by Credai-MCHI, a leading developers' body. The Thane municipal corporation was misinterpreting the provision for allowing residential commercial uses in industrial zones. This clarification will benefit developers planning residential housing projects.

Mumbai: The urban development department has directed that the construction of 50-square-metre (built-up area) tenements on 20 percent of FSI proposed to be used for residential purposes should be consumed from basic FSI and should not include TDR, premium FSI and ancillary area FSI.

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The decision came as a clarification on a representation made by the Thane unit of Credai-MCHI, a leading developers’ body. The latter claimed that the Thane municipal corporation (TMC) was misinterpreting the provision 4.8.1(b) (xvi) for allowing residential commercial uses in industrial zones and 3.8.2(b) for including housing and rejecting development proposals.

“The TMC, while approving the plans for residential/commercial uses in an industrial zone, has insisted that the construction of 50-square-metre tenements on 20 percent of FSI proposed to be used for residential purposes should include the ancillary area FSI, and accordingly refused applications for development,” the representation said, adding, “The Unified Development Control and Promotion Regulations (UDCPR) provision 1.3 (63), as interpreted by TMC, is not supported by other UDPR regulations like table 6G and 3.8 ACC, and is not as per the intent of the UDCPR provision.”

The representation pointed out that in Mumbai, the DCPR 2034 provisions for residential/commercial uses in an industrial zone clearly state that out of the total floor area proposed to be utilised for residential development, 20 percent should be used as per basic FSI to build residential tenements, each with a built-up area of up to 50 square metres. Credai-MCHI sought a clarification on how the provisions should be interpreted.

The UDD said in its order issued on Friday that TDR, premium FSI and ancillary area FSI are additional FSI provisions which are available only after paying the requisite charges. Therefore, they should not be taken into account while calculating the 20 percent area proposed to be utilised for residential purposes under Regulation 4.8.1(b) (xvi), and the 50-square-metre built-up-area tenements should be constructed from the basic FSI.

When contacted, Jitendra Mehta, president of the Credi-MCHI Thane unit told HT, “The interpretation by the TMC was causing a problem in planning layouts for inclusive housing and plots of 4,000 square metres and above. Developers were not able to fit in open spaces and other amenities in the layouts. So we wanted the urban development department to clarify this, and they have. This will benefit a number of developers planning residential housing projects.”