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D:\VIYEK-2012\VIVEK\33 (7) NOTIFICATIONFWD LETIER.lwp

M~narashtra Regional & TownPlanning Act, 1966 .• Sanction to modification to the

Development Control Regulationfor Greater Mumbai 1991 UnderSection 37( lAA)(C)of the said Act.

GOVERNMENT OF MAHARASHTRAUrban Development Department,

Mantralaya, Mumabi 400 032.Dated: 6th January, 2012.

NOTIFICATION

No. CMS 4311/452/CR-58/2011/UD-ll:

Whereas, the Development Control .Regulations for Greater Mumbai,1991 (hereinafter referred to as "the said Regulations") have been sanctioned byGovernment in Urban Development Department, under section 31(1) of theMaharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as"the said Act'")vide Notification No. DCR -1090jRDPjUD-ll, dated the 20thFebruary, 1991 to come into force with effect1fromthe 25th March, 1991.I

And whereas, it is noticed that, in the last twenty years, the MunicipalCorporation of Gr. Mumbai (hereinafter: referred to as the "the saidCorporation") as well as Gevt. have carried out numbers of modifications tovarious provisions of the said regulations and have also added number ofregulations. These modifications were carried out to implement various policiesof the Govt./the said Corporation formulated from time to time. Some of theprovisions were amended as a result of recommendations made by the variouscommittees, appointed by the State Government. Some amendments were madedue to the court decisions. The amendments were done with a view to haveeffectiveimplementation of the provisions of the said regulations for the benefitof the public at large. (hereinafter referred to as "the said modified Regulation").Amendments to the said Regulation Nos. 33(5),33(7),33(9) and 33(10) fall insuch categories of amendments. Gevt. has c8rrled out amendments to the saidRegulation by adding few more regulations, so as to meet with requirements ofvarious departments of Govt., Corporation and other users so as to make thesaid Regulation more user friendly.

And whereas, it is seen that no major or for that matter even minormodifications have been done to the provisions of the said Regulation No.35,which deals with exemption of somd structures/features from FSIcomputations. Similarly provisions of the .said Regulation Nos. 43 and 44,which deal with the fire prevention/protection measures have also remaineduntouched. ~

And whereas, the said Corporation has submitted its detailed report videits letter No. MiscfAf8279 dated the 13/7/2011 to the Government formodification to provisions of the said Regulations specifically dealing withexemption from FSI computation and fire, protection measures (hereinafterreferred to as "the said proposed modificatiorls").

D: \NOTIFICATION\DCR Mumbai Modification \noticeDCRmodification.-l doc. doc

And whereas, amendments are required to be implemented expeditiously,the Municipal Commissioner of the said Corporation has requested vide letterNo. Misc/A/8279 dated the 13/7/2011 that the Govt. may issue the suitabledirectives so as to give effect to the above amendments and to take expeditiousaction in public interest under section 37 of the said Act and also requestedGovt. vide his letter dated the 21/7/2011 to invoke the provisions of Section37(1AA)of the said Act.

And whereas, the Govt. is satisfied that in the public interest it isnecessary to carry out urgently the said proposed modification and the saidproposed modification will not change the character of the Development Plan ofthe said Corporation.

And whereas, the Government had issued notice No.CMS-4311/452/CR­58/2011/ UD-11, dated the 25 July 2011 ( hereinafter refer to as "the saidnotice" ) for inviting suggestion/ objection from any person with respect to thesaid modification and appointed Deputy Director of Town Planning,Brihanmumbai as an officer under section 162 of the said Act (hereinafterreferred to as • -the said officer") to submit the report to Govt after serutinizingthe suggestion / objections on the said proposed modifications and say of thesaid Municipal Corporation.

And whereas, the said notice was published in the MaharashtraGovernment Gazette (Extraordinary) dt. the 01/08/2011 and the corrigendumto it, published in Maharashtra Government Gazette (Extraordinary) dt. the28/09/2011. The said notice was also published hi news paper, daily namely"Mid day" dt. the 03/08/2011. ..

And whereas, the said officer has submitted his report to theGovernment through the ~irector of Town Pla.nnmg, Maharashtra State, videletter No. 2368, dt. the 31/10/2011

. AI;ldwhereas , after considering the report of the said officer, suggestions/ objections received from general public, say of th~ said Corporation and afterconsultation of the Director of Town Planning, Maharashtra State thereon, theGovernment is of the opinion that the said modification shall be sanctionedwith some changes ..

Now, therefore, in· exercise of the power:s conferred under section37(1AA)(C)of the said Act, the Government hereby::'

A) Sanctions the said modification. to Development ControlRegulation of Greater Mumbai 1991 (nlOrespecifically described inthe schedule attached herewith). I

B) Fixes the date of publication of this Notification in the GovernmentGazette as the date of coming into force of this Notification.

C) Directs the said Corporation that, in the schedule of modificationsanctioning the said Regulation, after the last entry, the schedulereferred to as (A)above shall be added~

By order and in the name of Gove~~~arashtra,I (Raj~: -Habde)Under Secretary to Government.

D:\NOTIFICATION\DCR Mumbai Modification \noticeDCRmodiIication.-ldoc.doc

SCHEDULE(Accompaniment to notification no. CMS~311/4521CR-58/2011IUD11.

Dated: 6th January, 2012)

Modification to D.C. Reaulation No.29(1 )(f)

Regulationno.

Existing provision . Sanctioned provision

29(1)(f) Where a room does not Where a room does not derivederive light and ventilation light and ventilation from anfrom an exterior open space; exterior open space; the widththe width of the exterior open of the exterior open space asspace as given in this given in these Regulations mayRegulations may be reduced be reduced to a minimum of 3.6to one-fifth of the height of m. in respect of residentialthe building subject to a building and 4.5 m. for aminimum of 3.6 m. In respect ~ommercial building upto aof residential building and 4.5 height of 24 mt. For a buildingm. for a commercial building with height of 24 m or moresubject to a maximum of 12 such exterior open space shallm. For a building with height be minimum 6 m or more,of 24 m. or more, such subject to the requirements ofexterior open space shall be 6 the Fire Brigade Authorities.mt. subject to therequirements of the FireBrigade Authorities.

Add the following new clause in D.C.Regulation No.29

29(6) (e)For multi-storeyed, high rise and special building~, the provisions as stipulated in

Regulation No. 43(1) shall apply.

D.C.Reaulation No.30

The modifications proposed in the D.C.Regulation No.3D are as under:-

30. Features permitted in open spaces:-

Certain features may be permitted in the prescribed open spaces as enumeratedbelow:-

An unenclosed porch open I 30(ii)(c)on 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.

Covered parking spaces atleast 7.5 m. away from anyaccess road, subject toRegulations 36.

A cantilevered and 130(ii)(b)unenclosed canopy overcommon entrance and eachcommon staircase not morethan 5.5 m long and atleast 2.2 m. above groundlevel. 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;

ExistingReg. no.

30(i)(b)

30(ii)(b)

30(ii) (c)

Existing provisions PropposedReg.no3D(i)(b)

Sanctioned provisions

Covered parking spaces atleast 7.5 m. away from anyaccess road, subject toRegulation no. 36 (5)(d)A cantilevered andunenclosed canopy 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 spedalbuildings.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 floorlevel. No part of such porchshall be less than 1.5 m.from the plot boundary.

2

30(ii)(e)

30(ii)(f)

A chajja, cornice, weather 130(ii)(e)shade, sun-breaker and (0other ornamental projectionprojecting not more than1.2 m. from the face of thebuilding. No chajja, cornice,weather shade, sun-breakeror other ornamentalprojection etc. shall bepermissible, which willreduce the width of therequired open space, to lessthan 2.5 m. Further,Chajja, Cornice, WeatherShade, sun breaker orother ornamentalprojections etc. shall bepermissible upto 0.3 mt. inGaothan areas for the plotsadm. Upto 250 sq.mts.

30(ii)(e)(ii)

A chajja, cornice, weather 130(ii)(f)shade and sun-breaker over (i)a balcony or gallery, itsprojection not exceedingfrom the balcony or galleryface with level difference of0.3 m. in relation to thefloor level. However and/orornamental projection overa balcony or gallery may beallowed to project upto0.7Smt.

3

A chajja, cornice, weathershade, sun-breaker; at lintellevel only projecting notmore than 1.2 m. from theface of the building. Nochajja, cornice, weathershade, sun-breaker etc. shallreduce the width of therequired open space to lessthan 2.5 m. Further Chajja,Cornice, Weather Shade, sunbreaker or 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, chajjaprojection maximum up to0.45 m. may be allowed.The ornamental projection,flower beds etc. projectingnot more than 1.2 m. fromthe face of the building. Noornamental projection,flower beds etc. shall bepermissible, which willreduce the width of therequired open space to lessthan 2.5 m.

A chajja, cornice, weathershade, sun-breaker over abalcony or gallery, itsprojection not exceeding0.75 mt from the balcony orgallery face with a leveldifference of 0.3 m. inrelation to the floor level.However in case ofredevelopment of cessedbuilding, where marginaldistances are less, chajjaprojection maximum up to

4

0.45 m. may be allowed.

30(ii)(f)

The Ornamental projection,(ii)

flowerbedetc.overa

balconyorgallery,its

projection

notexceeding0.75 mt. from the balcony orgallery .

35 (2). This regulation shall be substituted by regulation 35(2) and

35(3) as stated below:-

35(2) The following shall not be counted in FSI

i) Areas of structures permitted in recreational open space under

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

Ii) Areas covered by features permitted in open spaces as listed in

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

30(ii) (f) (Ii).

iii) Areas covered by staircase rooms, lift rooms above topmost storey,

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

exclusively used for parking and other ancillary users as permitted

in this regulation No.35(2)

ivy Areas covered by staircases/ lift we{ls including lobbies as specified,excluding those covered under D.C.Regulation No.35 (2) (iii) withspecial written permission of the Cdmmissioner subject to paymentof premium.

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 casesdecidedby the

r •

Corporation prior to coming into force of these Regulations, theexclusion from FSI computation as in these Regulations will beavailable for construction of balance.potential,

Provided further that the reconstruction scheme underDevelopment Control Regulations No. 33(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 building minus area of the existing staircase, lift-welletc., if any

5

v) Area of the basement· used exclusively for parking and other

anc;{/ary uses as permnted in regulation No. 38(9) Ov) (b ,c ,d,& e).

vO Area of covered parking spaces as provided in sub-Regulation (5)

(a) of Regulation No.36.

Provided, however, the additional p'arking to the extent of 25% of

the required parking may be permitted 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 parking to

the extent of 10% of the required parking shall be permitted free of

FSI as vehicle holding area.

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

apartment owners association as provided in sub-Regulation (11) ofI

Regulation 38.

viii) Lofts [vide sub-Regulation (5) of Regulation 38.J

ix) Porches [vide sub-Regulation (20) of Regulation 38J.

x) Canopy [vide sub-Regulation (21) of Regulation 38J.

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

provided, as per the requirementf of the Maharahstra PollutionControl 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 amenity open space.r

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

xiii) A chajja, cornice, weather shade, 'sun-breaker over a balcony 01

gallery, as provided in sub regulation no. 30 (ii)(f)(i)xiv) Area covered by pump rooms, electi:icsubstations.xv) Area covered by new lift and passage thereto in an existing buildin~

with a height upto 16m. in the Island City [vide clause (iv) of sub·Regulation (19) of Regu!ations 38J .

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

6

so as to enable descend to lower floor in a building to reachtenements not having direct access to a new lift in a buildingwithout an existing lift.

xvii) Area of one fitness centre for a Co-Op. Housing Society orApartment Owners Association as provided in sub-regulation38(32).

xviii) The fire chutes as provided under D.C.Regulation no. 44(8)xix) The refuge areas subject to D.C.Reg. 44(7)xx) Fire Check floor / Service Floor of height not exceeding 1.8 mt.xxi) Entrance lobbies in stilted portion, h.eightnot exceeding 7.2 mt..xxii) Open to sky swimming pool at the terrace above the top most

storey or on the top most podium only.xxiii) Area of the service ducts abutting Sanitary Block not exceeding 1.2

Mtr. in width. In case of hIgh rise buildings higher width/size as perrequirement and design approved by Commissioner but notexceeding 2.0 mts.

xxiv) Ornamental projection of glass faqade/glazing not exceeding 0.30mfrom building line for non-residential building.

xxv) Area covered by chimney, elevated tanks (provided its height belowthe tank from the floor does not exceed 1.5 m)

xxvi) Area of sanitary block for use of domestic servants engaged in thepremises, not exceeding 2.2 sq.mts at staircase mid-landing leveland at stilt, parking floor level.

Note:i.Areas covered by the projections exceeding those specified in

clauses xii, xiii, xxiii and xiv above shall be counted in FSI.I

ii. Open to sky swimming pool at any level other than (xxii) above,excluding at ground level as provided in D.C.regulation 30 (ii), shallbe counted in FSI. :

iii.Any passage by whatever name riot covered under D.C.R. 35(2)shall be counted in FSI.

7

35(3)

i)

ii)iii)

ivy

v)

vi)

vii)

viii)

ix)

x)

xi)

xii) "

xiii)

xiv)

xv)

xvi)

xvii)xviii)

The following shall be counted in: FSI.

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

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

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

the premises, other than at staircase mid-landing level, Stilt level,

parking level.

Part / Pocket / Covered terraces, for whatever purpose, except

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

most storey due to planning constraints but accessible from

common staircase.

Area below open to sky swimming pool, clearance "exceeding 1.5

Mtr. from floor level.

Air condition plant room / Air handling unit room, meter room,

D. G.set room except provided in basement.

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

Area of balconies as provided in sub regulation 22 of Regulation 38.

Niches below window sill.

Area of one public telephone booth and one telephone exchange

(PBX) room per building.I

The ornamental projection, including the voids, flower beds, etc.Iprojecting from the face of the building except at the terrace level.

Ornamental projection, flower bed etc. over a balcony or galleryI

Area of one room for installation of telephone concentrators as per

requirements of Mahanagar Telephone Nigam limited.

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

and commercial buildings. ICovered areas required on top terrace for antenna / dish antenna /

communication tower used for Telecom (basic cellular or satellite

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

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

The parking floor in excess of required parking under theseregulations [35(2)(vi)}. Deck parking inclusive of Car lifts and

passages thereto on habitable floors:Driver's room / sanitary block on poplum and or parking floor.Covered swimming pool.

8

, .

Add the followina new reaulationD.C.Reaulation 3S( 4 >

Compensatory Floor Space Index (FSI):-

Notwithstanding anything contained in the D.C.Regulations 32, 33 & 34, theCommissioner may, by special permission, permit fungible compensatory FloorSpace Index, not exceeding 35% for residential development and 20% forIndustrial/Commercial development, over and· above admissible Floor SpaceIndex, by charging a premium at the rate of 60%, 80% and 100%of the Stamp Duty Ready Recknor Rate, for Residential, Industrial andCommercial development respectively.Provided in case of redevelopment under regulation 33(7),33(9) & 33(10)excluding clause no.3.11 of Appendix-N of Development Control Regulation1991, the fungible compensatory F.S.I. admissible on rehabilitation componentshall be granted without charging premium.

Provided further that redevelopment under D.C.regulations no. 33(5) andredevelopment proposal of existing buildings in suburbs and extended suburbsby availing TOR, the fungible compensatory F.S.I. admissible on F.S.I.consumed in existing structure shall be granted without 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 / occt/pants.

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,eoption of owner /developer,ii) For plots/ layouts, where 100 is granted for partial development,

this Regulation will apply for the balance potential of the plot,iii) The fungible FSI is useableas regular FSI,

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

Note: Thepremium amount collected shall be kept in a separate Accountto be utilized for infrastructure development.

9

Modification to D.C.Reau/ation 36

Reg.No.36(5)(a)

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

10

Sanctioned provisionParking 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 thereto shall becounted in FSI.

(ii) Additional parking floor in excessofrequired parking shall be counted inFSI subject to the provision ofD.C.R.35(2)(vi).(iii) In .non-residential building, whereentire parking is proposed bymechanical/automatic means,additi0'1al parking to the extent of 10%of the, required parking shall bepermitted free of FSI as vehicle holdingarea.

Proposed modification to D.C.Regulation No.38

Existing Provisions(5) Loft- (1) Location and extent:-Lofts may be provided overkitchens, habitable rooms,bath-rooms, water closets, andcorridors within a tenement inresidential buildings, overshops, and in industrialbuildings, subject to thefollowin restrictions:-Serial Rooms Coverageno. over (percentage

which to area ofpermitted room

below)ill25

Reg.No38(5)

ill1

2

3

4

5

(2)Kitchen /habitableroomBathroom,watercloset,corridorShopswith widthupto 3mShopswith widthexceeding3mIndustrial

100

33 1/3

50

33 1/3

Sanctioned ProvisionsLoft: .i) Location : Lofts may be providedover kitchens, habitable rooms,bathrooms, water closets andcorridors within a tenement inresidential building, in shops and inindustrial buildings.ii) Height :The height of the loftshall not be more than 1.5 Ntr. If itexceeds 1.5 Ntr. shall be countedtowards F.S.I.iii) Thelofts in non-residentialbuildings shall be located at least 2mts. away from the entrance.•.

Provided that (a) lofts incommercial or industrialbuildings shall be located at least2 m.away from the entrance; and (b)loft area shall not be countedtowards F.S.I. 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.I.

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 aheight as required for effectivefunctioning of that systemNotwithstanding the aboverestrictions as stated in Table19, for cinema/1V filmsproduction, shooting, editing,recording studios, more heightas required for their effectivefunctioning shall be permitted

TABLE 19Hei ht of Habitable Room

Sr Occupanc Minim Maximumy um height (in

N I height meters)o. (Inmeters)

(ii) Height.- (i) The minimum andmaximum height of a habitableroom shall be as given in Table 19hereunder:-(ii) Notwithstanding the aboverestriction as stated in Table 19,any telematic equipment storageerection fadlity can have a heightas required for effective functionIngof that systemNotwithstanding the aboverestrictions as stated In Table 19,for dnema/TV' films production,shooting, editing, recordingstui:Jios, more height as requiredfor their effective functioning shallbe permitted

TABLE 19Hei ht of Habitable Room

Sr' Occupanc Minim Maximumy um height height (in

N I (in meters)o. , meters)

(1 (2) (3)(4) (1(2)I(3)I(4)'J I1.Flat roof. 1..Flat roof.

(a)Any (a)Any I 2.75 13.9habitable2.754.2 habitableroom roomI(b) : (b)

13.9

Habitable 2.64.2 HabItable I 2.6room in roomin

High HighDensity DensityHousing HousIng(c)

(c)13.9Aircon-

A/rcon-12.4dltioned2.44.2 dltionedhabitable habitableroom. room.

(d) 4.2(d)

Assembly3.6

Assembly3.64.2

halls, subject tohalls,subject toresidential the writtenresidentialthe writtenhotels of permissionhotelsof permission3 Star ofthe 3Star ofthe

categoryCommlssio

categoryCommlss/oand nerand nerabove, greater: above, greaterInstitution heightInstitutionheightai, maybe

aI, maybeeducation Derm~educationoermltted.

12

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

2.

aI,industrial,hazardousor storageoccupancies,departmentalstores,malls, I.T.buildings,entrancehalls andlobbies todepartme-nt storesand

assemblyhalls.Pitchedroof -(a) Anyhabitableroom

(b)Habitableroom inHighDensityHousing.

2.75(averagewith2.1 Mat thelowestpoint)

2.6

(averagewith2.0 Mat thelowestpoint).

4.2

(averagewith 3.2 Mat thelowestpoint).

4.2

(averagewith 3.2 Mat thelowestpoint).

2.

ai,industrial,hazardousor storageoccupandes,departmentalstores,malls, I. T.buildings,officebuildings,entrancehalls andlobbies todepartme-nt storesandassemblyhalls.e) Shops.

Pitchedroof -(a) Anyhabitableroom

(b)Habitableroom InHighDensityHousing.

3.0

2.75

(averagewith 2.1M at thelowestpoint)

2.6

(averagewith 2.0M at thelowestpoint).

3.9

3.9

(averagewith 2.8 Mat thelowestpoint).

3.9

(averagewith 2.7 Mat thelowestpoint).

(ii) in all occupancies, except thoseincluded in Serial No. 1(d) in theTable above, any height in excess of4.2 m. shall be deemed to haveconsumed an additional FSI of 50 percent of the relevant floor area.

(Hi) other requirements.- One full sideof a habitable room must abut anexterior open space same asprovided in sub-regulation (9) ofRegulation "29.

13

Provided that- (iJ the minimum clearhead-way under any beam shall be 2.4m.

ii)ln all occupancies except thoseincluded in Sr. No. 1 (d) in the tableabove, any height in excess of 3.9 Mtr.shall be deemed to have consumed anadditional F.S.I. of 50% of the relevantfloor area.

(iii) other requirements.- One full side ofa habitable room must abut an exterioropen space same as provided in sub­reaulation (9) of Regulation 29.

38(9)(i)

38(9)(iv)

38(12)

38(20)

(9)Basement-(i) Area andExtent.- 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 ortwo.

(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 i(d) Parking spaces;(e) Electric sub-station (whichwill conform to required safetyrequirements) :Provided that user strictlyancillary to the principal usermay also be permitted in abasement.

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

14

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

(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 equipmentIAHU and other machines used forservices and utilities of thebuildIng;(c) Parking spaces;(d): D.G. set room, meter roomand Electric sub station (which willconform to required safetyreqLirements) ;(e) Effluent Treatment Plant,suction tank, pump roomProvided that the users mentionedat Ca) above shall be permitted inthe. 1st basemeRt only by countingin F.S.I. subject to the follOWingconditions :i) ; All requirements regardingaccess, safety (including firesafety), ventilations etc. shall becOfTJpliedwith.ii) . All the planning standards(particularly as regarding parking)should be strictly adhered to.(129 Letter Box Room: - A separateletter box room or otherwise ofappropriate dimensions shall beprovided on the ground floor ofresipential and commercialbuilping.

(20) Porch. - A porch, if any, shallbe at least 1.5 m clear of the plotbou{1dary, shall have a leveldifference of 0.3 m. in relation tothe; level of the floor; the area of aDorch uDto 5.5m. in length (Darallel

38(21)

38(22)

FSI. A parapet wall 0.23m. inheight is permissible over aporch. The Commissioner maypermit larger porches formercantile, hotel and publicbuildings.

(21) Canopy :- 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.

(22) Balcony :- In anyresidential zone (R-1) andresidential 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 shallreduce the minimum marginalopen 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.

15

to the main building) shall not becounted towards PSI. A parapetwall 0.23m. in height is permissibleover a porch. The Commissionermay permit larger porches formercantile, hotel and publicbuildings.(21) Canopy :- A cantilevered andun-~nclosed canopy with leveldifference of 0.3 m. in relation tothe, floor level; may be permittedover each entrance and staircase, ifa clear distance of at least 1.5 m ismaintained between the plotboundary and the outer edge of thecanopy. The minimum clear heightof the canopy shall be 2.2 m. TheCommissioner may permit largercanppies for mercantile, hotel andpublic buildings.(22) Balcony :- In any residentialzon~ (R-1) and residential zonewith shop line (R-2), or in a purelyresidential building in any otherzone, balconies may be permittedat ~ach floor, excluding the groundand terrace floors, of an area notmore than 10 per cent of the areaof the floor from which suchbalcony projects subject to theconditions that :- (I) No balconyshall reduce the minimum marginalopef7space to less than 3 mt. atthe·rear and sides and 1.5m in thefront. The width of the balcony willbe measured perpendicular to thebuilding line an.d reckoned fromthat line to the balcony's outermostedg~. (ii) The balcony may beenclosed.

NewRegulation

16

38 (34):- Podiumi. A podium may be permitted

in plot admeasuring 1500sq.mt or more.

ii.. The podium provided withramp may be permitted 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 level, total height notexceeding 9 mt aboveground level.

iii. The podium shall be used fortIle parking of vehicles.

iv. The recreational spaceprescribed in D.C.Regulation23 may be provided either atground level or on open tosky podium.

v. Podium shall not bepermitted in required frontopen space.

vi. Such podium may beextended beyond thebuilding line In consonancewith provision of

. D.C.Regulation 43(1) on oneside whereas on other sideand rear side it shall not beless than 1.5 m from the plotboundary.

vii. Ramps may be provided Inaccordance withD.C.Regulatlon 38(18).

viii. Adequate area for Driversrest rooms and sanitaryblock may be permitted onpodiums by counting In FSI.

Proposed amendment In relevant regulations applicable to Fire FightingRequirements

Reg. no.

43 (1)

Existing provisions

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, NationalBuilding Code, shall 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 layoutshaH conform to therequirements of the Chief FireOfficer. They shall be capable oftaking weight of a fire engineweighing up to 18 tonnes.These open spaces shall be freeof any obstruction and shall bemotorable.

17

Sanctioned provisions

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 andspe.,dal buildings, additionalprovisions relating to fireprotection contained in AppendixVIII shall also apply,

(AJ For proposal under regulations33('.7) and 33(10),In case of rehabilitation /composite buildings on plotsexceeding 600 Sq.Mts. and havingheight more than 24 m, at least,one side other than road side, shallhave dear 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 other 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.

43(2)

(t) (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 oftwo enclosed type staircasesshall be Drovided, at least one

18

Provided, however, if podium isproposed it shall not extend 3mbeyond building line so as to haveclear open space of 6m beyondpod/um.Pro'!ided, further, where podium isaccessible to fire appliances by aramp, then above restriction shallnot apply.(b) Buildings having height morethan 70 m, at least two sides,accessible from road side, shallhave dear open space of 9 m atground level.Provided, however, if podium isproposed it shall not extend 3mbeyond building line so as to haveclear open space 6m beyondpodium. No ramps for the podiumshaJl be provided in these sideopen spaces.Provided, 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) "Theseopen spaces shall be freefro"., any obstruction & shall bemotorable.Assembly, business, mercantile,Industrial and storage buildings :30m.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(S)(a) for all multi-storeyed high

44(5)

of them opening directly to theexterior, to an interior, openspace or to any open place ofsafety.

Fire Escape or external stair:Multistoreyed, high rise andspecial buildings shall beprovided with fire 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 abuilding.

(b) All of them shall bedirectly 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 fire escape,which shall have therequired fire 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 than

. 19 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.

19

rise and special buildings, aminimum of two enclosed typestaircases shall be provided, atleast one of them opening directlyto the exterior, to an interior, openspa.ce or to any open place ofsaf~ty.44(5) (A) Additional Staircase-(a) In case of multistoreyed

residential buildings having heIghtmore than 24 m, and less than 70m additional staircase shall benecessary,Provided, however, it will not benec.essary, if,(i) Travel distance does not exceedas imentioned in sub regulatIon

(2)(ii)( t )(i & ii) of regulation 43and·J(ii) If floor area on any floor doesnot,exceeds500 sq mtrsNote: These staircases shall be ofenO/osed type having mInimumwidth of 1.5mt.(b); Buildings having height 70 mor more, shall be provided with two

endosed type .staircases, eachhav.ingwidth not less than 2.0 m.(c): Whenever two staircases arenec-essary,both the staircases shallopen & terminate at ground flooror to any other place of safety. Thestaircase shall be as remote aspossible.(B) Rre Escapebalcony:(a) For industrial buildings, a fireesCapebalcony not exceeding 1.5me~ers width shall be provided atthe' perip/:1eryof every floor levelam:fshall be connected to staircaseand shall have a railing I parapetof 1.10 meters height on externalsides.(b). Fire escape balcony to the

44(7) -Refugearea:a) In multi storyed and high

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.

20

buildings other than residentialoccupancy shall be decided byChi~fFire Officer.(c): Requirement of Fire EscapeBalcony(i) lt shall always be kept free fromobstructions & no partitions shallbe erected.(ii). It shall be provided with walltype sprinklers at every floor level.Note: - Fire Escape balcony shallbe counted in FSI.Refugearea:(a) (I) The refuge area shall be

pr:ovided 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 refugearea shall be 4% of the habitablefloor area it serves, and will befree of FSI. If it exceeds 4%, theexcess area shall be counted inFSI.

(b)· Notwithstanding dause (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 FSI.Each refuge area at mid-landingshall have a minimum width of3!0 mts and minimum area of10.0 sq.mts for residential and15 sq.mts for non-residentialbuildings.

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

New

Reg.

44(8)

New

Reg.

44(9)

21

building shall be treated as therefuge area.

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

height more than 70 mt.,~hall necessarily be providedwith fire escape chuteshaft/s for every wingadjacent to staircase.

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

(iif) 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 105m.

(vJ The access to the fireescape chute's shaft shall bemade at alternate floor levelfrom staircase mid-landingwith self-closing door havingfire resistance of at leastone hour.

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

Alternatively,(B) For High rise building havingheight more than 70 mt.,"Controlled Lowering Device forevacuation" or "ExternalEvacuation System" as approvedby CFOshall be provided.44 (9) Fire CheckFloorA high rise building having heightmore than 70 m, shall be providedwith fire check floor (entire floor)at every 70 m level.Height of the fire check floor shall

22

not be more than 1.8 mts.Th~ fire check floor shall not beused for any purpose and· it shallbe: the responsibility of theowf'}er/occupier to maintain thesame clean and free ofenc.umbrancesand encroachmentsat all times.Periphery of the Fire Check floorshall not be enclosed.Fire Drenchers shall be provided atthe periphery of the each fire checkfloor externally.

:fP'. ( Rajendra Habde )

Under Secretary to Government.

The following additional clause no.19 to be added to Appendix VIII(Regulation 43)

Appendix VITI(19)

i) Manner of providing refuge area :a) The refuge area shall be so located that it shall preferably face the accessroad/s or otherwise face the wider open space on the side of the buildingperpendicular to the main access road.b) The cantilevered Refuge area on cantilever will be permissible at the mid­landing of the staircase only. All other refuge areas shall be within the buildingline only.c) The cantilevered refuge area shall necessarily be of RCCType .d) The refuge area shall be provided with railing / parapet of 1.20 mt.e) R.C.C. covering shall be provided above the topmost cantilever refugearea.f) The refuge area shall have a door which 'shall be painted or fixed with asign in luminous paint mentioning "REFUGEAREA"g) The lift/s shall not be permitted to open into the refuge areas.h) The refuge area provided within building line shall be accessible fromcommonpassage/ staIrcase.if) Useof refuge area :a) The refuge area shall be earmarked exclusively for the use of occupantsas temporary shelter and for the use of Fire Brigade Department or any otherorganization dealing with fire or other emergencies when occur in the buildingand also for exercises/drills if conducted by the Fire Brigade Department.b) The refuge areas shall not be allowed to be used for any other purPoseand it shall be the responsibility of the owner/occupier to maintain the sameclean and free of encumbrances and encroachments at all times.Iii) Facilities to be provided at refuge areaa) Adequate emergency lighting facility shall be provided.ivy Terrace floor as a refuge floor: .a) The necessary fadlities such as emergency lighting, drinking water etcshall be provided. I

b) The access door/s from the enclosed stair;case/s to the terrace floor shallhave louvers at top half portion of the door.The entrance doors to the terraceshall be painted or fixed with sign painted in luminous paint mentioning"REFUGEAREA".

23