Redevelopment of Existing Buildings in UDCPR 2020

Mar 30, 2024

UDCPR 2020 Chapter 7 is all about Higher FSI for Certain Uses as per mentioned in the UDCPR

This is Applicable to all Planning Authorities and Regional Plan Areas except Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra

Rule No. 7.5 Protection of FSI in Redevelopment of Existing Buildings

For redevelopment or reconstruction of existing buildings, the FSI to be allowed shall be FSI permissible under Regulation No.6.1 or 6.3, or the FSI consumed by the existing authorized building including TDR, premium FSI, etc., whichever is more. (Such TDR, Premium FSI, etc. utilized in an existing building shall be treated as authorized consumed FSI entitled for redevelopment.)

Rule No 7.6 Redevelopment of Old Dilapidated/Dangerous Buildings

Reconstruction/Redevelopment in whole or in part of any building which has ceased to exist in consequence of accidental fire/natural collapse or demolition for the reasons of the same having been declared dangerous or dilapidated or unsafe by or under a lawful order of the Authority or building having age of more than 30 years, shall be allowed subject to following conditions.

Rule No. 7.6.1 Redevelopment of Multi-Dwelling Building of Co-Operative Housing Societies/Apartments

i) FSI allowed for redevelopment shall be FSI of existing authorized building and incentive FSI to the extent of 30% of existing built-up area or 15 Sq.m. per tenement, whichever is more. Provided further that if the existing authorized built-up area and incentive thereon as stated above is less than the maximum building potential mentioned in Regulation No.6.1 or 6.3, as the case may be, then society may avail premium FSI/TDR up to the maximum building potential. Such incentive FSI shall not be applicable for the redevelopment of the existing bungalow.

ii) In cases where the carpet area occupied by residential tenement in the existing building is less than the carpet area of 27.87 sq.m. then such tenement shall be entitled for a minimum carpet area of 27.87 sq.m. and the difference of these areas shall be allowed as additional FSI without any premium.

In the case of a non-residential occupier the area to be given in the reconstructed building shall be equivalent to the area occupied in the old building.

iii) This regulation shall be applicable only when existing members of the societies are proposed to be re-accommodated.

iv) If tenanted building/s and building/s of co-operative housing society/non-tenanted building/s coexist on the plot under development, then proportionate land component as per existing authorized built-up area of the existing tenanted building on the plot shall be developed as per Regulation No.7.6.2 below and remainder notional plot shall be developed as per this regulation.

7.6.2 Redevelopment of tenanted buildings

i) The FSI allowed for redevelopment of the building having protected tenants under the relevant provisions of law, shall be FSI permissible under Regulation No.6.1 or 6.3, or the FSI consumed by the existing authorized building including TDR, premium FSI, etc., whichever is more. (Such TDR, Premium FSI, etc. utilized in the existing building shall be treated as a basic FSI for redevelopment.) In addition to this, 50% incentive FSI of the rehab. area required for the rehabilitation of tenants shall be allowed. Provided that rehab. area shall be the authorized utilized area or 27.87 sq.m. carpet area per tenement, whichever is more. In the case of a non-residential occupier, the area to be given in the reconstructed building shall be equivalent to the area occupied in the old building.

Provided that, where such building is partly self-occupied by the owners, then entitlement of such partly area shall be governed by the provisions mentioned in Regulation No.7.6.1 above.

Provided further that, if the existing authorized built-up area and incentive thereon as stated above is less than the maximum building potential mentioned in Regulation No.6.1 or 6.3, as the case may be, then society may avail premium FSI/TDR up to the maximum building potential.

ii) All the eligible tenants of the old building shall be re-accommodated in the redeveloped building.

iii) In case of fire-gutted buildings, conditions of more than 30 years of age of buildings shall not be applicable.

Note :- (applicable for Regulation No.7.6.1 & 7.6.2)

1) For the purpose of deciding the authenticity of the structure if the approved plans of the existing structure are not available, the Authority shall consider other evidence such as Assessment Record City Survey Record, or Sanad.

2) The new building may be permitted to be reconstructed in pursuance of an agreement to be executed on stamp paper by at least 51% of the landlord/occupants in the original building, within the meaning of the Bombay Rents, Hotel and Lodging House Rents Control Act, 1947 or Apartment Act and its related provision and in such agreement provision for accommodation for all occupants in the new building on agreed terms shall be made and a copy of such agreement shall be deposited with the Planning Authority before commencement or undertaking reconstruction of the new buildings.

3) An amount as may be decided by the Government shall be paid by the Owner/Developer/Society as additional Development Cess for the built-up area over and above the Base FSI. A corpus fund as decided by the Authority is to be created by the Developer which will take care of the maintenance of the building for a period of 10 years.