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D \IVFK.2O,2 \TVI h JJL'] "IoTEILAIIOM WDLTITER,IL9

Maharashtra Reglo&al & TowrlPlaruing Act, 1966.. Saactlo! to modltlcatlon to the

Development Cor1trol Regulatlonfor Greater Mumbai 1991 UaderSectton 37(IAA)IC) of the sald Act.

GOVERNMENT OF MAIIARASHTRAUrba! Development Department,

Manttalaya, Mumabt 4OO O32,Dated: 6tt January, 2012.

NOTIFICATION

No. CMS 43r 1/4S2lcR-58/2or 1/IrD-11:

Whereas, the Development Control Regulations for Greater Mumbai,1991 (hereinafter referred to as "the said Regulations") have been sanctioned byGovernment in Urbar Development Depar"trnent, under section 31(l) of theMalarashtra Regiona-l and Town Planrling Act, 1966 (hereinajter referred to as'the said Act') vide Notifrcation No. DCR - 1090/RDP/UD- 11, dated the 2othFebmary, 1991 to come into folce vith efect froia the 25th March, 1991.

And whereas, it is [oticed that, in the last twenty yea-rs, the MuricipalCorporation of Gr. Muabai fhereinafter referred to as the 'the saidCorporation") as well as Golt. have carried out lrumbers of modifications tovarious provisions of the said regulatiols and have a.lso added number ofregulations. Ttrese modfications were carrieil out to impleErent various policiesof t.l.e Gort./the said Corporauon formulated fiom tir]xe to time. Some of theprovisions were amellded as a result of recoioaendations made by the variouscommittees, appointed by the State Govemment. Some amend$ents were madedue to the court decisions. The aroendments were done with a view to haveefective implementation of t]le provisions of tie sajd regulations for the benefitof the public at large. (hereinafter referred to as "the said modilied Regulation").Amendrxents to the said Regulation Nos. 33(5),33{7),33(9) and 33(10) fa.ll insuch categories of amendments. Govt. has carried out amendme[ts to the saidRegulation by adding few more regulations, so as to meet with requirements ofvarious depa-rtments of Gol't., Corporation and other users so as to make thesaid Regulation more user fi:iendly.

And whereas, i! is seen lhat no major or for thar marter even minormodfications have been done to the piovisions of the said Regulation No.35,which dea.ls with exemption of some structures/features from FSIcomputations. Sirarilarly provisions of tlle said Regulation Nos. 43 and 44,which dea.l with the fue prevention/protection measures have also remfieduntouched.

And whereas, the said Corporation has submitted its detailed report videits letter No. MrsclAla2T9 dated the 13l7l2oll to the covernment formodification to provisions of the said Regulations specilically dealing 'r.itlexemption from FSI computation and flre, protection measures (hereinaJterreferred to as "the said proposed modifications').

D: \NOTIFICATIoN\DcR Mu6bai Modincation\noticeDCREodincation.- Idoc.doc

And whereas, amendments ale required to be implemented expedidously'

the Municipal Colnmissioner of the said Corporation has reqlrested- vide letter

ll". i,ti""le)szzs d,ated t\e l3l7 l2ol1 tlat the Govt may issue the suitable

air""ti'rrei "o

as to glve ellect to the above anendments and to tale expeditious

""ti"" ir p"tU" ilierest under section 37 of the said Act and also requested

C""t. "ial fri" letter dated lt.le 21 17 l2O1'1' to invoke t}le provisions of Section

37(1AA) of the said AcL

And whereas, the Govt. is satisfied tiat in tie pubLic interest it is

,r""""".!-,o -u..y

out urgently ttre said proposed modifigatiol ard the said

;;;il;i;;dt#don will -not clange the 'haiacter

of the Development Plan of

the sajd Corporation

And whereas, the Govemment had issued notice No CMS-4311/452/CR-58/20i1l UD-ll, iated the 25 July 2o1l (hereinafter refer to as "the said

i"i.l- i'i.i '""lr'ii,g suggestion/ objiction from any person with

'especr to lhe

.iJ- "loain"u,iot

" ar"J appointed Depury Director of Town PlanninB'

;;;"-;;. ; arr oltrcei under section 162 of tre said Act (hereinaiter

I"f"-"a t ." ' the said officer") to submit the report to Golt after serutinizing

;h;;gg;J;" 7 ouj."tiott" on 'the

said ploposed modiicatioos and sav of the

said Municipal CorPoration.

And whereas, t]:e said notice was published in the Malarashtracor".rr-"rrt G;tte' (Extraordinaty) dt. the 01/08/2oll arld the corrigendum

a fi, ^r"iii"fr"a ; li"]pt"shtr" rj-,ovem:rrent Gazette (Extraordinaty) dt the

iajdsjiolt. The said notice was also Published in news paper' daily nartrelv "

Mid da/ dt. the 03/08/2011

And vhereas, the said officer has subaitted his report to the

Cou"--"rrt ttuough the Director of Town Planning, Maharashtra State' vide

letter No. 2368, dt. the 3I/ 10/201I

And whereas , aJter considering the rePort of the said officer' suggestions

louiecJons ,"""irr"a'to* genera-l public, say of tha said Corporation and after

i."'"J*t"" .itrr. pirecto-r of To*tr Plarming, Maharashtia State thereon' the

a;;;;; i" ot th" opinion that ttre said oodfication shall be sanctioned

with some chatrges

Nov,r, therefore, in exercise of the powers conferred under section

3TllAAllcl of the said Act, the Covemment hereby ::" '' -ii'--s.-rr"ti."" the said modiication to Development controlReeulation of Greater Muobar 1991 { ore specifically described irlthe" schedule attached herewith)'

Bl Fixes the date of publication of this Notjfication in the Government

Gazette as the daie of coming into force of this Notiflcation'Cl Directs the said Corporation that, in the schedule of modification-'

i.ttctionirlg the said- Regulation, aJtei the last entty' the schedule

referred to as (A) above shal be added'

By order and in t}Ie name of Covemo;.9[ Maharashtra'--8.l.l.)4{a'

(Rajenhra Habde)Under Secretary Lo Covemment

D:\NOTIFICATION\DCR Mumbai Modifi cation\noticeDCRmodifi cation - ldoc'doc

SCHEDULE(Accompaniment to notification no, CMS 4311/45ZCR-58/201 1/UD1 1 .

Dated : 6s January, 2012)

Modification to D.c. Reoulation No.29(1)(f)

Add the following new clause in D.C.R€gulation No.29

29(6) (c)For multi-storeyed, high rise and special buildings, the provisions as stipulated in

Regulation No,43(1) shall apply,

Regulation

no.

Existing provision sanationed provision

2e(1)(f) Where a room does notderive light and ventilationfrom an exterior open spaceithe width of the exterior openspace as given in thisRegulations may be reducedto one-fifth of the height ofthe buildino subject to a

minimum of 3.6 m. in respectof residential building and 4.5m. for a commercial buildingsubject to a maximum of 12m. For a building with heightof 24 an, or more, suchexterior open space shall be 6mt. subiect to therequirements of the FireBrigade Authorities.

Where a room does not derivelight and ventilation from anexterior open space; the widthof the exterior open space asgiven in these Regulations maybe reduced to a minimum of 3.6m, in respect of residentialbuilding and 4,5 m. for acommercial building upto aheight of 24 mt. For a buildingwith height of 24 m or rnoresuch exterior open space shallbe minimum 6 m or more,subject to the requirements ofthe Fire Bigade Authorities,

D.C.Reoulation No.3O

The modifications proposed in the D.C,Regulation No,30 are as under:-

30. Features permitted in open spaces:-

Certain features may be permitted in the prescribed open spaces as enumerated

below:-

ExistingReg. no.

Existing provisions PropposedReg.no

sanctioned provisions

3o (i) (b) Covered parking spaces atleast 7.5 m. away from anyaccess road, subjed toRegulations 36.

30 (i) (b) Covered parking spaces atleast 7.5 m. away from anyaccess road, subject toRequlation no. 36 (5)(d)

30(iixb) A cantilevered andunenclosed canopy overcommon entrance and eachcommon staircase not morethan 5.5 m long and atleast 2.2 m. above ground

level. The outer edge of thecanopy shall be at least 1.5m. from the plot boundary.The Commissioner maypermit canopies of largersize in public multistoreyedor high rise or specialbuildings;

30(iixb) A cantilevered andunenclosed canoqy overcommon entrance and eachcommon staircase not morethan 5.5 m long and at least2,2 m. above ground levelwith level difference of 0.3m. in relation to the floorlevel, The outer edge of thecanopy shall be at least 1,5m, from the plot boundary.The Commissioner maypermit canopies of largersize in public, multistoreyedor high rise or specialbuildings,

30(ii) (c) An unenclosed porch openon three sides, not morethan 5.5 m. in lengthparallel to the main buildingin front of commonentrance only and exceptrear open space. No part ofsuch porch shall be lessthan 1.5 m. from theboundary.

30(ii)(c) An unenclosed porch openon three sides, not morethan 5,5 m. in length parallelto the main building in frontof common entrance onlyand except rear open spacewith level difference of 0,3m, in relation to the flootlevel. No part of such porchshall be less than 1,5 m,from the plot boundary.

2

30(iiXe) A chajja, cornice, weathershade, sun-breaker andother ornamental projectionprojecting not more than1.2 m. from the face of thebuilding. No chajia, cornice,weather shade, sun-breakeror other ornamentalprojection etc. shall be

permissible, which willreduce the width of therequired open space, to less

than 2.5 m. Further,Chajja, Cornice, WeatherShade, sun breaker orother ornamentalprojections etc. shall bepermissible upto 0.3 mt. in

Gaothan areas for the plotsadm. Upto 250 sq.mts.

i0(ii)(e)(i)

A chajja, cornice, weathershade, sun-breaker; at lintellevel only projecting notmore than 1.2 m, from theface of the building. No

chajja, cornice, weathershade, sun-breaker etc. shallreduce the width of therequired open space to lessthan 2,5 m, Furthet Chaija,Cornice, Weather Shade, sunbreaker $ other ornamentalprojections etc, shall bepermissible upto 0,3 mt. inGaothan area for the plotsadm, upto 250 sq.mts.However in case ofredevelopment of cessedbuilding, where marginaldistances are less, chajiaprojedion maximum uP to0,45 m. may be allowed,

30(ii)(e)(ii)

The ornamental projection,flower beds etc. projectingnot more than 1.2 m. fromthe face of the building, No

ornamental projection,flower beds etc. shall bepermissible, which willreduce the width of therequired open space to lessthan 2.5 m.

30(iixf) A chajja, cornice, weathershade and sun-breaker overa balcony or gallery, itsprojection not exceedingfrom the balcony or gallery

face with level difference of0.3 m, in relation to thefloor level. However and/orornamental projection overa balcony or gallery may be

allowed to project upto0.75mt.

30(iixD(i)

A chajja, cornice, weathershade, sun-breaker over a

balcony or galleryt ltsprojection not exceeding0.75 mt from the balcony orgallery face with a leveldifference of 0,3 m. inrelation to the floor level.However [n case ofredevelopment of cessedbuilding, where marginaldistances are less, chajjaprojedion maximum uP to

0,45 m. may be allowed,

30(iixf)(ii)

The Ornamental projection,flower bed etc. over a

balcony or gallery, /tsprojection not exceeding0,75 mt. from the balcony orgallery ,

3s (2), This regulation shall be substituted by regulation 35(2) and35(3) as stated belowt-

The following shall not be counted in FSI

Areas of structures pemitted in recreational open space under

clause (g) of sub-Regulation (1) of Regulations 23.

Areas covered by features permiXed in open spaces as listed in

Regulation 30 except for regulatian 30(i) (b),30(ii) (e) (ii) and

30(iD o (ii).

Areas covered by staircase rooms, lift rooms above topmost storeyl

staircase/ lift wells and passages in stilt, basement and floors

exclusively used for parking and othet ancillary users as permitted

in this regulation No,35(2)

Areas covered by staircases/ lift wells including lobbies as specified,excluding those covered under D.C,Regulation No,35 (2) (iii) withspecial written permission of the Cdmfiissioner subject to payment

Provided that in the wards of the Island City such exclusion fromFSI computation will be available in respect of buildings to beconstructed or reconstructed only, the same being not available forexisting buildings or proposals decided by the Corporation prior tocoming into force of these Regulations,

Provided further that where the permissible FSI has not beenexhausted in the case of existing buildings and cases decided by theCorporation prior to coming into force of these Regulationq theexclusion from FSI computation as [n these Regulations will beavailable for construction of balance potential,

Provided fufther that the reconstruction scheme underDevelopment Control Regulations No. 3i(6) such exclusion will bepermissible as per guidelines here under: -

i, While working out total existing built up area, the built-up area ofexisting staircase will not be taken into account.

ii. The premium for the area of the staircase and lift-well will berecovered after working out the area of the staircase and lift-well inthe proposed bu ding minus area of the existing staircase, lift-welletc,/ if any

3s(2)

iii)

ir')

ii)

v) Area of the basement used exclusively for patking and other

ancillary uses as permitted in regulation No. 38(9) (iv) (b ,c ,d,& e),

vi) Area of covered parking spaces as provided in sub-Regulation (5)(a) of Regulation No,36,

Provided, however, the additional parking to the extent of 25a/o ofthe required parking may be permixed with permission of the

Commissioner without payment of premium,

Provided further in non-residential building, where entire parking is

proposed by mechanical / automatic means, additional pa*ing to

the extent of 10o/o of the required parking shall be permi1ed free ofFSI as vehicle holding area,

vii) Area of one office room of a co-opefttive housing society or

apartment owners association as provided in sub-Regulation (11) ofRegulation 38.

viii) Lofts [vide sub-Regulation (5) of Regulation iB.]ix) Porches [vide sub-Regulation (2O) of Regulation 38],

^) Canopy [vide sub-Regulation (21) of Regutation 38].

xi) Area of structures for an elfluent treatment plant as required to be

provided, as per the requirements of the Maharahstra Pollution

Conlrcl Board or other relevant authorities:

Provided, however, in the case of an existing industry, if no vacant

land is available the Commissioner may permit the structures with

dimensions to be approved by him for such effluent treatment plant

on 10 per cent afienity open space.

xii) A chajja/ cornice, weather shade, sun-breaker; at lintel level onty:pqeding not more than 1.2 m. from the face of the building asprovided in sub regulation no.30 (ii) (e)(i).Further Chajja, Cornice, Weather Shade, sun breaker or otherornamental projections etc. shall be permissible upto 0.3 mt. inGaothan area for the plots adm. upto 250 sq.mts

xiii)

-^ xiv)xv)

A chajja, cornice, weather shadet ,sun-breaker over a balcony orgalleryl as provided in sub regulation no, 30 (ii)(fXi)Area covered by pump rooms, electric substations.Area covered by new lift and passage thereto in an exlsting buildingwith a height upto 16m, in the Island City [vide clause (iv) of sub-Regulation (19) of Regulations i8l

xvi) Area of a covered passage of clear width not more than 1.52m(5ft,) leading from a lift exit at terrace level to the existing staircase

xvii)

xviii)xix)xx)xxi)xxii)

xxiii)

so as to enable descend to lower floor in a building to reach

tenements not having direct access to a new lift in a building

without an e\isting lift.Area of one fitness centre for a Co-Op Housinq Society or

Apartment Owners Association as provided in sub-regulation

i8(32).The fire chutes as provided under D.C'Regulation no' 44(8)

The refuge areas subject to D.C Reg' 44(7)

Fire Check ftoor / Service Floor of height not exceeding 1 8 mt'

Entrance lobbies in stilted portion, heiqht not exceeding 7'2 mt"

Open to sky swimming pool at the terrace above the top most

storey or on the top most podium only'

Area of the service ducts abutting Sanitary Block not exceeding 7'2

ii n wiatn. In case of high rise buildings higher width/size as per'iiquirem.rt and design approved bY commissioner but not

exceeding 2,0 mts.xxiv) -orii.itat proj."tion of glass fa7ade/glazing not exceedinq o'iom

' from buitding line for non-residential buildingxxv) nr;,a ir"r.la ry cnimney, elevated tanks (provided its height below

the tank from ihe floor does not exceed 1'5 m)xxvi) lii of sanitarv block for use of domestic servants engaged in the

;;;t;";; ;; Lxceedins 2.2 sq mts at staircase midtandins tevet

and at stitt, Parking floor level

Note :'-i.ireat corered by the pqections exceeding those specified in

clauses xii, xiii, xxiii and xxiv above shall be counted in fst'

ii.ODen to sky swimming pool at any level other than (xxii) above'"'i{Jiaiig-ii grornd leiet as provided in D'c resutation 30 (ii)' shatt

be counted in FSI'

iii.Any passage bY whatever name not covered under D C'R' i5(2)shall be counted in FSL

35(3) The fo owing shall be counted in FSI.

i) Covered parking spaces as provided under Regulation no. 36 (5Xd)

ii) Area of fire escape balcony as provided in regulation 44(5)

iii) Area of Sanitary block for the use of domestic servants engaged in

the premises, other than at staircase rnidlanding level, Stilt level,

parking level.

iv) Part / Pocket / Covered teffaces, for whatever purpose, except

open teftace above the top most storey and the part terrace at top

most storey due to planning constraints but accessible frcm

common staircase.

v) Area below open to sky swimming pool, clearance exceeding 1.5

Mtr, from floor level.

vi) Air condition plant room / Air handling un[t room, meter rooml

D.G.set room except provided in basement.

vii) Fire check floor / service floor of height exceeding 1.8 mt.

viii) Area of balconies as provided in sub regutation 22 of Regulation 38.

ix) Niches below window sill.

x) Area of one public telephone booth and one telephone exchange

(PBx) room per building.

xi) The ornamental projectiont inctudiig the voids, flower beds, etc.

pqec ng from the face of the building except at the terrace level,

xii) Ornamental projection, flower bed etc. over a balcony or gallery

xiii) Area of one room for installation of telephone concentrators as per

rcquirements of Mahanagar Telephone Nigam limited.

xiv) Area of a separate letter box room on the ground floor of residential

and commercial buildiogs.

xv) Covered areas required on top terrace far antenna / dish antenna /communication tower used lor Telecom (basic cellular ar satellite

telephone) or ITE purposes, V-Sat, Routes, Transponders or similar

If related structure or equipment , in excess of 20.00 sq.mts,

xvi) The parking floor in excess of required parking under these

regulations t35(2)(vi)1. Deck parking inctusive of Car ltfts andpassages thereto on habitable floors;

xvii) Diver's rcom / sanitary block on podium and or parking flaor,xviii) Covered swimming pool.

Add the followino new tedulationD.C.Reoulation 35(4)

Compensatory Floor Space Index (FSI):-

Notwithstanding anythlng contained in the D.C.Regulations 32, 33 & 34, theCommissioner may, by special permlssion, permit fungible compensatory FlootSpace Index, not exceeding 35o/o for residential development and 20o/o forIndustrial/Commercial development, over and above admissible Floor SpaceIndex, by charging a premium at the rate of 600/0, A0o/o and 100Vo

of the Stamp Duty Ready Recknor Rate, fot Residential, Industrial andCommercial development respectively.Provided in case of redevelopment under regulation 33(7)/33(9) A 33(10)excluding clause no.3.11 of Appendix-Iv of Development Control Regulation1991, the fungible compensatory F,S.I. admissible on rehabilitation componentshall be granted without charging premium.

Provided further that redevelopment under b.C.regutations no. 33O) andredevelopment proposal of existing buildings in suburbs and extended suburbsby availing TDR, the fungible compensatory F.S.I. admissible on F.S.Lconsumed in existing structure shall be ghnted withaut charging premium.

Provided further that such fungible compensatory FSI for rehabilitationcomponent shall not be used for free sale component and shall be used to giveadditional area over and above eligible area to the existing tenants / occupants,

Provided, that this regulation shall be applicable in respect of the buildings to beconstructed or reconstructed only,

Explanatory Note:-i) Where IOD/IOA has been granted but building is not completed,

this regulation shall apply only at th.e option of owner /developer,ii) For plots/ layouts, where IOD is glanted for partial development,

this Regulation wi apply for the balance potential of the plot,iii) The fungible FSI is useable as regular FSI,

Provided, further, the devetopment in Coastat Regulation Zone(CRZ) areas shall be governed by the Ministry of Environment &Forests Notification issued from time to time,

Note: The premium amount cotlected shatl be kept in a separate Accountto be utilized for infrastructure development.

Existinq provision Sanqtioned provision36(sXa)

Modification to D.C.Redulation 36

(5) Parkinq Spaces, -Where to beaccommodated-Theparking spaces may beprovided,-(a) underneath thebuilding, in basementswithin its stilted portion, oron upper floors;

Pa*ing Spaces: Where to beaccommodated-The parking spacesmay be provided,-

(a) underneath the building, inbasements, podiums, within its stiltedportion, or on upper floors ifexclusively used for mandatoryparking,

Note: (i) The deck parking inclusive ofcar lifts & passages ehereto shall becounted in FSI.

(ii) Additional parking floor in excess ofrequired parking shall be counted inFSI subject to the Novisian ofD.c.R.35(2Xvi).(iii) In.non-residential building, whereentire parking is proposed bymechanical / automatic meansladditional parking to the extent of 10o/oof the required parking shall bepermitted free of FSI as vehicle holding

10

Proposed modification to D.C.Regulation No,38

Reo.No Existino Provisions sanctioned Provisions38(s) (5) Loft- (1) Location and extent

:-Lofts may be provided overkitchens, habitable rooms,bath-rooms, water closets, andcorrldors within a tenement inresidential buildings, overshops, and in industrialbuildinqs, subject to thefollowi tricti

Provided that (a) lofts incommercial or industrialbuildings shall be located at least2m,away from the entrance; and (b)loft area shall not be countedtowards F.S,l. subject to (ii)below.(ii) Height,-The clear head-roomunder a loft shall not be lessthan 2.2 m. and that above itshall not be more than 1.5 m. ifexceeds 1.5 m. it shall becounted towards F.S.l.

restnctlons: -Serial

(1)

whichpermitted

(2\

Coverage(percentage

below)r3)

1 Kitchen /habitable

25

2 Bathroom,watercloset,

100

3 Shopswith widthuDto 3m

33 tl3

Shopswith widthexceedin93m

50

Industrial 33 t/3

Loft :

i) Location : Lofts may be providedover kitchens, habitable rooms,bathrooms, water closets andcorridors within a tenement inrcsidential building, in shops and inindustrial buildings.ii) Height :The height of the loftshall not be more than 1.5 Mtr. If itexceeds 7,5 Mtr. shall be countedtowards F,5,Liii) The lofts in non-residentialbuildings shall be located at least 2mts. away from the entrance.

11

38(2)(ii)

(ii) Height.- (i)The minimum andmaximum height of a habitableroom shall be as given in Table19 hereunder:-(ii) Notwithstanding the aboverestriction as stated in Table 19,any telematic equipment storageerection facility can have aheiqht as required for effectivefunctioning of that systemNotwithstanding the aboverestrictions as stated in Table19, for cinema/W filmsproduction, shooting, editing,recording studios, more heightas required for their effectivefunctioning shall be permltted

TABLE 19Heiqht of Habitable Ro

(iD Height.- (i)The minimum andmaximum height of a habitablercom shall be as given in Table 19hereunder:-(ii) Notwithstanding the aboverestriction as stated in Table 19,any telematic equipment storageefection facllity can have a heightas required for effective functioning

restrictions as stated in Table 19,for cinema/TV films production,shooting, editing, recordingstuilios, more height as requiredfor their effective functioninq shallbe permitted

TABLE 19

of that systemNotwithstanding the above

3.9

3.9

3_9

4.2

aottaDle RoomSr

N

14inim

h€ight(in

)

height (inmeters)

(1 (2) (3) (4)

1.(6)Anyhabitable

(b)Habltable

Hi9hOensityHousins

(c)

dilionedhabltable

(d)

halls,residential

3 Starcategory

institution

2.75

2.6

2.4

3.6

42

4.2

4.2

4.2subject to

permissionof theCommlsslo

greaterheight

L

:

(a) Any

(b)

Denslty

(c)

(d)

3 Star

12

Provided thal (i) the minimum clearhead-way under any beam shall be2.4 m.

(ii) in all occupancies, except lhoseincluded in Serial No. 1(d) in theTable above, any heighl in excess of4.2 m. shall be deemed to haveconsumed an additaonal FSI of 50 percenl of the relevani floor area.

(iii) other requirements.- One full sideof a habitable room musl abul anexterior open space same asprovided in sub-regulation (9) ofRegulation 29.

al,industrial,

ntal

malls, LT-buildings,

halls andlobbles todepartme

Provided lhat- (i) the mininun clearhead-way under any beam shall be 2.4m,

ii)ln all occupancies excepl lhoseincluded in Sr. No. 1 (d) in the tableabove, any height in excess of 3.9 Mlr.shall be deemed to have consumed anadditional F.S.l. ot 50% of the rclevantfloor area-

(iii) other requirements.- One full side ofa habitable room fiust abut an exteriotoPeh sqace same as Prcvided in sub-

2.75(avera9e

2.t t4at the

point)

2.6(averagewith2.0 t4at the

point).

4.2(averaeewith 3.2 lvt

at Lhe

point).

4.2(averagewith 3.2 M

at the

point).

(a) Anyhabitabl€

(b)Habitable

HighDensityHousing.

with 2.1

2.6

with 2.0

polnt).

(a) Any

(b)

Denslty

3.9

tr'ith 2.8 M

3.9

13

38(9Xi) (9)Basement-(i) Area andExtert.- The total area of anybasement shall not exceed twicethe plinth area of the building orthe area of the plot, whichever isless, It may be in one level or

(9)Basement-(i) The basementshall not be constructed in therequired front open space underDCR 29. The open space from theother boundaries of the plot shallnot be less than 1.5 Mtr. It may beat one level or more.

38(e)( iv)

(iv)Uses Permitted.- A basementmay be put to the following usesonly: -(a) storage of household or othernon-hazardous goods;(b) store rooms, bank lockers orsafe-deposit vaults;(c) air-conditioning equipmentand other machines used forservices and utilities of thebuilding;(d) Parking spaces;(e) Electric sub-station (whichwill conform to required safetyrequirements) i

Provided that use. strictlyancillary to the principal usermay also be permitted in a

basement.

(iv) Uses permitted - A basementmay be put to the following usesonly :(a) (i) Storage of household orother non hazardous goods;

(ii) Store rooms, bank lockers orsafe deposit vaults;(b) Air conditioning equipment/AHU and other mach[nes used fotse ices and utilities of thebuiFing;(c) Parking spaces;(d) D.G, set room, meter roomand Eledric sub station (which willcontorm to required safetyreqUirements);(e) Effluent Treatment Plant,suction tankt pump raomProvided that the users mentionedat (a) above shall be permixed inthe lst basement only by countingin F,S.L subject to the followingconditions :i) , AIt requirements regardingacces, safety (including firesafety), ventilations etc. shall becomplied with.ii) A the planning standards(particularly as regarding parking)should be strictly adhered to.

38(12) (L2) Letter Box: - A letter box ofappropriate dimensions shall beprovided on the ground floor ofresidential and commercialbuildings with flve and morestoreys to the satisfaction of theCommissioner.

(12, Lexer Box Room: - A sepatuteIetter box room or othetwise ofap$opriate dimensions shall beprovided on the ground floor ofresidential and commercialbuiHing.

38(20) (20) Porch.- A porch, if any,shall be at least 1.5 m clear ofthe plot boundary; the area of aporch upto 5.5m. in length(parallel to the main building)shall not be counted towards

(20) Potch.- A porch, if any, shallbe at least 1.5 m clear of the plotboundary, shall have a leveldifterence of 0.3 m, in relation totheJevel of the floor; the area of aDorch uDto 5.5m. in lendth harallel

'14

FSL A parapet wall 0.23m, inheight is permissible over aporch. The Commissioner maypermit larger Porches formercantile, hotel and Publicbuildings.

to the main building) shall not becounted towards FSI. A parapetwall 0.2im. in height is permissibleover a porch, The Commissionermay permit larger porches formercant e, hotel and publicbuildinqs.

38(21) (21) Cahopy :- A cantileveredand un-enclosed canopy may bepermitted over each entranceand staircase, if a clear distanceof at least 1,5 m is maintainedbetween the plot boundary andthe outer edge of the canopy.The minimum clear height of thecanopy shall be 2.2 m.

(21) Canopy:- A cant evered andun-enclosed canoqy with leveldifference of 0,3 m. in retation tothe floor level; may be pemittedover each entrance and staircasel ifa clear distance of at least 1.5 m ismaintained between the plotboundary and the outer edge of thecanopy. The minimum cleat heightof the canopy shall be 2.2 m. TheCommissioner may permit largercan1pies for mercantilet hotel andDublic buildinas.

38(22) (22) Balcony i- ln anyresidential zone (R-1) andres,dential zone with shoP line(R-2), or in a purely residentialbuilding in any other zone,balconies may be permitted freeof FSI at each floor, excludingthe ground and terrace floors, ofan area not more than 10 percent of the area of the floor fromwhich such balcony projectssubject to the followingconditions :- (i) No balcony sha,lreduce the minimum marqinalopen space to less than 3 mt. atthe rear and sides and 1.5m inthe front. The width of thebalcony will be measuredperpendicular to the building lineand reckoned from that line tothe balcony's outermost edge,(ii) Balconies may be allowed tobe enclosed With writtenpermission of the Commissioner.When balconies are enclosed,one-third of the area of theirfaces shall have louvers glassshutters or grills on the top andthe rest of the area except theparapet shall have glazedshutters.

(22) Balcony :- In any residentialzong (R-1) and residential zonewith shop line (R-2), or in a purelyresidential building in any otherzone, balconies may be permittedat each floor, excluding the groundand terrace floors, of an area notmore than 70 per cent of the areaof the floor from which suchbatcony projects subject to theconditions that :- (i) No balconyshall reduce the minimum marginalopen space to less than i mt. atthe rear and sides and 1.5m in thefront. The width of the balcony willbe neasured perpendicular to thebuilding line and reckoned fromthat line to the balcony's outermostedge, (ii) The balcony may beenclosed.

.

15

NewRegulation

38 (34),- Podiumi, A podium fiay be DermiXed

in plot admeasuring 1500sq.mt or more.The podium provided withramq may be pemitted inone or more level, totalheight not exceeding 24 mabove ground level,However, podium notprovided with ramp butprovided with two car liftsmay be permitted in one ormore levelt total height notexceeding 9 mt aboveground level.The podium shall be used forthe parking of vehicles.The recreational spaceprescribed in D,C.Regulation23 may be provided either atground level or on open tosky podium.Podium shall not bepermitted in required frontopen space.Such podium may beextended beyond thebuildinq line in consonancewith provision ofD,C,Regulation 43(1) on oneside whereas on other sideand rear side it shall not beless than 1.5 m from the plotboundary,Ramps may be provided inaccordance withD. C. Reg ul ati on 38 ( 1 8).Adequate area for Driversrest rooms and sanitaryblock may be permitted onpodiums by counting in FSL

16

Proposed amendment in relevant regulations applicable to Fire FightingRequircments

Reg. no. Existing provisions Sanctioned provisions

(1)43 General - The planning designand construction of any buildingshall be such as to ensuresafety from fire. For thispurpose, unless otherwisespecified in these Regulations,the provisions of part IV : FireProtection Chapter, Nationalauilding Code, shal, apply.For multistoried, high rise andspecial buildings, additionalprovisions relating to fireprotection contained inAppendix VIII shall also apply.The approach to the buildingand open spaces on all sides upto 6 m width and their layoutshall conform to therequirements of the Chief FireOfficer. Ihey shall be capable oftaking weight of a fire engineweighing up to 18 tonnes.These open spaces shall be freeof any obstruction and shall bemotorable.

43(1) General: -The planning design andconstruction of any building shallbe such as to ensure safety fromfire, For this purpose, unlessotherwise specified in theseRegulations, the provisions of partIV: Fire Protection Chapter,National Building Code, shall apply,For multistoried, high rise andspgcial buildings, additionalprovisions relating to fireprotection contained in AppendixVIII shall also apply,

(A) For proposal under regulationsi3(7) and 33(10),In case of rchabilitation /composite buildings on plotsexceeding 600 Sq,Mts. and havingheight more than 24 m, at least,one side other than road side, shallhave clear open space of 6 m atground level, accessible from roadside.Proyided, if the building abutsanother road of 6m or more thiscondition shall not be insisted,Provided further that in case ofredevelopment proposals underDCR 33(7), for plot size upto 600sq.mt. | 1.5mt open space will bedeemed to be adequate,(B) For the proposals othet than(A) above(a) Buildings having height morethan 24 m upto 70 m, at least oneside, accessible from road side,shall have clear open space of 9 mat ground level.

17

Provided, however, if podium isproposed it shall not extend 3mbeyond building line so as to haveclear open space of 6m beyond

Provided, further, where podiufi isaccessible to fire appliances by arampt then above restriction shallnot apply.(b) Buildings havinq heiqht morethan 70 m, at least two sides,accessible from road side, shallhave clear open space of 9 m atground levet.Provided, however, if podium isproposed it shall not extend 3mbeyond building line so as to haveclear open space 6m beyondpodium. No ramps for the podiumshall be provided in these sideopen spaces,Prcvided, further, where podium isaccessible to fire appliances by aramp then above restriction shallnot apply.(c), Courtyard / ramp / podiumaccessible to fire appliances shallbe capable of taking the load up to48 tonnes.(d) These open spaces shall be freefrory any obstruction & shall bemotorable,

43(2)

(r) (ii)Assembly, business, mercantile,industrial and storage buildings: 30 m. Note.- The traveldistance to an exit from thedead end of a corridor shall notexceed half the distancespecified above, When morethan one exit is required on afloor, the exits shall be asremote from each other aspossible: Provided that for allmulti-storeyed high rise andspecial buildings, a minimum oftvlo enclosed type staircasesshall be Drovided, at least one

Assembly, business, mercantilellndustrial and storage buildings :30 m.Note,- The travel distance to anexit from the dead end of acorridor shall not exceed half thedistance specified above, Whenmore than one exit is required on afloor, the exits shall be as remotefrom each other as possible:Provided that, subject to theprovision under D,C. Regulation44(5)(a) for all multi-storeyed high

18

of them opening directlY to theexterior, to an interior, openspace or to any open place of

rise and special buildings, a

minifium of two enclosed tyPestaircases shall be provided, atleast one of thefi opening directl|to the exterior, to an inteior, oqenspace or to anY oPen Place ofsafety.

44(s) F:re Escape or external stairiMultistoreyed, high rise andspecial buildings shall beprovided with flre escape stairs,which will be free of F.S.I., andthey should conform to thefollowing:

(a)They shall be taken intoaccount in calculating theevacuation time of a

building.(b)All of them shall be

directly connected to theground.

(c) Entrance to them shall beseparate and remotefrom the internalstaircase.

(d)Routes to the fire escapeshall be free ofobstruction at all times,except for a door wayleading to the flre escaPe,which shall have therequired flre resistance.

(e)They shall be constructedof non-combustiblematerials.

(f) They shall have a straightflight not less than 75 cmwide with 15 cms treadsand risers not more than19 cms. The number ofrisers shall be limited to16 per flight.

(g)They shall be providedwith handrails at a heightnot less than 90 cmsabove the tread.

44(5) (A) Additional Staircase-(a) In case of multistoreYed

residential buildings having heightmore than 24 m, and less than 70

m additionat staircase shall be

necessary,Provided, however, it vrill nat be

necessary , if,(i) Travel distance does not exceedas mentioned in sub regulation

(2)iiix i)(i & ii) of resulation 43

and;(ii) If floor area on anY floor does

not exceeds 500 sq mtrsNote: These staircases shall be ofena,lased type having minimumwid,th of 1.5 mt,(b) Buildings having height 70 mor morc, shall be provided with twa

enclosed type staircases, each

having width not less than 2,0 m(c) Whenever two staircases arcnecessaryt both the staircases shallopen & terminate at ground flooror to any other place of safetY. The

staircase shall be as rcmote as

possible,(B) Fire Escape balcony:(a) For industrial buildings, a fireescape balcony not exceeding 7'5meters width shall be provided atthe periphery of every floor leveland shall be connected to staircaseand shall have a railing / parapet

of 7,10 meters height on externalsides,(b) Fire escape balcony to the

19

Refuge a rea:a) In multi storyed and hagh

rise buildings, at leastone refuge area shall beprovided on the floorimmediately above 24 m.

b) It shall be on the externalwalls as a cantileveredprojection or in any othermanner.

c) It shall have a minimumarea of 15 sq m andminimum width of 3.0 m.

d) It shall not be counted inFSI.

44(7)

obstructions & no partitions shall .

buildings other than residentialoccupancy shall be decided byChief Fire Officer,(c) Requirement of Fire EscapeBalcony(i) It shall always be kept free from

be erected,(ii) It shall be provided with walltype sprinklers at every floor level.Note: - Fire Escape balcony shallbe counted in FSL

Refuge area:(a) (i) The refuge area shall be

prcvided within building line atfloor level.

(ii) In case of multistoreyed &high rise buildings having heightmore than 30 mts,, first refugearea shall be provided at 24 mt,or 1st habitable floor, whicheveris higher, Thereafter, the refugearea shall be provided at every7th habitable floor, The refugearca shall be 4Eo of the habitablefloor area it serues, and will befrce of FSI. f it exceeds 4qo, theekcess area shall be counted inF5I.

(b) Notwithstanding clause (a) forbuildings having height upto70 mts, as an alternate, Refugeareas can be provided as R.C.C.

cantilever projections at thealternate mid-landing level ofstaircase , free of FSL

Each refuge area at midlandingshall have a minimum width ol310 mts and minimum area of10,0 sq.mts for residential and15 sq.mts for non-residentialbuildings,

(c) In case of multistoreyed & highrise buildings upto 30 mts.height, the terrace floor of the

20

building sha be treated as therefuge area,

New

Reg.

44(8)

44(8) Fire Escape Chutes/Controlled Lowering Device forevacuation :-(A)(i) High rise building having

height more than 70 mt.,shall necessarily be prcvidedwith fire escape chuteshaft/s for every wingadjacent to staircase,

(ii) walls of the shaft shall have4 hours fire resistance.

(iii) One side of the shaft shallbe at external face of thebuilding with properventilation.

(iv) The dimension of the shaftshall not be less than 2.5 mX 1,5m.

(vt) The access to the fireescape chute's shaft shall bemade at alternate floor levelfrom staircase midlandingwith self-closing door havingfire resistance of at leastone hour,

(vi) The fire chute sha be ofstaggered type with landingof each section at thevertical height of not morethan 21 m.

Alternatively,(B) For High rise bullding havingheight more than 70 mt.,"Contrclled Lowering Device forevacuation" or "ExternalEvacuation System" as approvedby CFO shall be provided.

New

Reg.

44(s)

44 (9) Fire Check FloorA high rise building having heightmore than 70 m, shall be providedwith nre check floor (entire floor)at every 70 m level.Heiqht of the fire check floor shatl

21

not be more than 7.8 hts.The fire check floor shall not beused for any purpose and it shallbe the responsibility of theowner/occupier to maintain thesame clean and free ofencumbrances and encroachmentsat all times,Periphery of the Fire Check floorshall not be enclosed.Fire Drenchers shall be pravided atthe periphery of the each fire checkfloor externally.

The following aclditional clause no'19 to be added to APPendix VIII

(Regulation 43)

Appendix VIII( 1e)

i) Manner of Providing refuge area :'" -;^ -^t,,-: ".aa <hetl he so located that it shalt preFerably face the access

Z*rc""i'"iil*it"- ru,'i tii *ia"' open space on the side of the buildinq

perpendicular to the main access road'

b)ThecantileveredRefugeafeaoncantileverwillbepermissibleatthemid.ilri,r'tli'ii" ti"r*ri iiv. att other refuse areas shatt be within the buitdins

line onl|.'.i- - rn".rntitevered refuge area shall necessarily be of RCC Type '

i; iii *r"n" ","" shatl be provided with railing / parapet of 1 20 mt'

:t ;.;';, iovering shall be ptovided above the topmost cantilever refuge

ir"u.fl The refuse area shall have a door which-shatt be painted or fixed with a

lion in tumino16 paint mentioning "RFFUGE AREA"-oi ne tift/s snatt not be permitted to open into the refuge areas

"r') ;;2";:;;;;;;; i'oiii"a *itnin buitdins tine shatt be accessibte rrom

common Passage/ staircase'

ii) tJse of refuge area :-\ThArFfttdcereashallbeearmarkedexcltisivelyfortheuseofoccupants"r', ,"*ii"ii"li"i",-ui'i roi n" use of Fire Brigade Department or anv other

""ir"rii!"i"i oi"i,,n with fire or other emergencies when occur in the. building

liiiriii"ii, "*"r",t"s/drilts

if conducted bv the Fire Brigade Depadment'

ii - ii" r"rin" areas shatt not be a owed to be used for any other purpose

"i,'ro o'riii'iiin" isponsioilitv of the owner/occupier to maintain the same

Itiur- ana *eu or en,umbrances and encroachments at all times'

iii) Facitities to be provided at refuge area

;; iieqi"r" "^"ig"n'v ttghtinq facilitv shall be provided

iv) Terrace floor as a refuge floor:':; ,i"- nZr"rtui n,,'tiis such as emergehcv lightins' dinking water etc

shatl be Providedb)Theaccessdoor/sfromtheenclosedstaircase/stotheterracefloorshall"n'"r" irr"*-", ,"i-haif ponion of the door'The entrance doors to the terrace'iili i" i",*.a or fixed with sign painted in luminous paint mentionins

"REFIJGE AREA ". KXYr '

1 nalenar} nauae ;Under aecretary to Govemment'

23