D C Regulations updated on 6th January 2012

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By notification under No. CMS 4311/452/CR-58/2011/UD-11 dt. 6th January 2012, Government has added the New D.C. Regulations 35 (4) i.e. commissioner may permit Fungible compensatory F.S.I., not exceeding 35% for residential development over & above admissible F.S.I. by charging premium at the rate of 60% of the stamp duty ready reckoner Rate.

Provided further that such fungible compensatory F.S.I. for rehabilitation component shall not be used for free sale component & shall be used to give additional area over & above eligible area to the existing tenants/occupants.

Provided further clarified that in case of redevelopment proposal of existing buildings in suburbs & extended suburbs by admissible on F.S.I. consumed in existing structure shall be granted without charging premium.

So what is this Fungible compensatory FSI?

As per the new regulations, areas such as terraces and swimming pools on individual apartment balconies and ornamental projections that were not part of the FSI calculations until now will be included in FSI to prevent manipulations by developers. All such areas will now be available under the concept of compensatory FSI in lieu of a premium levied on developers. The areas under compensatory FSI called ‘fungible FSI’ cannot be more than 35 per cent of the total area of the apartment, a step that is expected to rein in excessive ‘loading’ by developers and the rush to create luxury housing.

The charges for fungible FSI have been reduced, making it available at 60, 80 and 100 per cent of the ready reckoner rates for residential, industrial and commercial properties respectively.

Also, no premium will be charged for fungible FSI while redeveloping cessed buildings and in suburbs, the fungible FSI on the FSI already consumed in the existing buildings will be available free of premium. This will help MHADA developments as also regular proposals for the redevelopment of the existing buildings using TDR in suburbs.

In other changes, a developer has the option of 25 per cent more parking over the DCR limit without premium and without being counted in the FSI. In an attempt to curb creation of lofts and illegal mezzanine floors, the floor height in residential flats and shops has been reduced from 4.2 m to 3.9 m.

Manoj Daisaria from the Practicing Engineers, Architects and Town Planners Association said compared to 2010, in 2011 only 25 per cent of the projects could be approved as developers were waiting for the DCR amendment. “With the new rules, the discretionary powers of the municipal commissioner have been curtailed and the approval process will get streamlined,” he said. The state government has also granted developers 25 per cent extra parking, which will be available without payment of premium and will be free of FSI.

As reported in Indian Express under DCR changes pave way for pending projects

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