6 January 2012 Circular

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f(< j'

Maharashtra Regional & TownPlanning Act, 1966. Satlction to modification to theDevelopment Control Regulation

for Greater Mumbai 1991 UnderSection 37( 1AA)(C)of the said Act.GOVERNMENT OF MAHARASHTRAUrban Development Department,Mantralaya, Mumabi 400 032 .. Dated: 6th January, 2012.

NOTIFICATIONNo. 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 Regionaland TownPlanning ACt,1966 (hereinafter referred to as"the said Act") vide NotificationNo. DCR -1090/RDP/UD-ll, dated the 20thFebruary, 1991 tocomeinto forcewith effect'fromthe 25thMarch, 1991.

!

And whereas, it is noticed that, inthe last twenty years, the MunicipalCorporation of Gr. Mumbai (hereinafter: referred to as the "the saidCorporation") as well as Govt. have carried out numbers of modifications tovarious provisions of the said regulations and have also added number ofregulations. Thesemodificationswerecarried out to implement various policiesof the Govt.ythe said Corporation formulated from time to time. Some of theprovisions were amended as a result of recommendations made by the variouscommittees, appointed by the StateGovernment.Someamendments weremadedue to the court decisions. The amendments were done with a viewto haveeffectiveimplementation of the provisions of the said regulations for the benefitofthe public at large. (hereinafterreferred to as "the said modifiedRegulation").Amendments to the said Regulation Nos. 33(5},33(7).33{9)and 33(10) fall insuch categories ofamendments. Govt.has carried out amendments to the saidRegulation by adding fewmore regulations, so as to meet with requirements ofvarious departments ofGovt., Corporation and other users so as to make thesaid Regulationmoreuser 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 some 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. :

Andwhereas, the said Corporationhas submitted its detailed report videits letter No. Misc/Aj8279 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 proposedmodifications"). ~,

D;\NOTIFICATION\DCR Mumbai Modification \noticeDCRmodification.-ldoc.doc


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!"I!! -SCHEDULE -(Accompaniment to notification no. eMS ~311/452/CR-58/2011/UD11,Dated: 6th January, 2012)

Modification to D.C. Regulation No.29(1l(f)

no.Sanctioned provisionegulation Existing 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 commercial 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 spaceshall be 6 the Fire Brigade Authorities.mt. subject to therequirements of the FireBrigade Authorities.

Add the following new clause in D.C.Regurat;ion No.2929(6) (e)For multi-storeyed, high rise and special building"?, the provisions as stipulated inRegulation No. 43(1) shall apply.


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D.C.Regulation No.3Q

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 enumeratedbelow:-ExistingReg. no.30(i)(b)

Existing provisions PropposedReg.no

Covered parking spaces at 30(i)(b)least 7.5 m. away from anyaccess road, subject toRegulations 36.

Sa nctioned provisions

Covered parking spaces atleast 7.5 m. away from anyaccess road, subject toRegulation no. 36 (5)(d)

300i) (c) An unenclosed porch open 30(ii)(c)on three s ldes , not morethan 5.5 rn.. 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)(b) A cantilevered and 30(ii)(b)unenclosed canopy overcommon entrance and eachcommon staircase not morethan 5.5 m long and atleast 2.2 m. above ground Ilevel. 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;

2

A cantilevered andunenclosed canopy over

i common entrance and eachcommon staircase not morethan 5.5m 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.An unenclosed porch openon three sides, not morethan 5.5m. 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.


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30(ii)( e)

30(ii)(f)

A chajja, cornice, weather 3o (ii)(e)shade, sun-breaker and 0)other 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 30(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 uptoO.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 ornamentalprojecaons et~ 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 2.5m.A chajja, cornice, weathershade, sun-breaker over abelcan y or gallery, itsprojection not exceeding0.75 tnt: from the balcony orgaflety face with a leveldifference of 0.3 m. inrelation to the floor fevei.However in case ofredevelopment of cessedbu;Jding, where marginaldistances are less, chajjaprojection maximum up to


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0.45 m. may be allowed.30(ii)(f) The Ornamental projection,(ii) flower bed etc. over a

balcony or gallery, itsprojection not exceeding0.75 mt. from the balcony orgalfery .

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35 (2). Thisregulation sha1lbe substituted by regulation 35(2) and35(3) asstated below:-

35(2) The following shall not be counted in FSIi) 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(ii) (e) (ii) and30(ii) (f) (ii).

iii) Areas covered by staircase rooms, lift rooms above topmost storey,staircase/ lift wells and passages in stilt, basement and floorsexclusively used for parking and other ancillary users as permittedin this regulation No.35(2)

ivy Areas covered by staircases/ lift welts including lobbies as specified,excluding those covered under D.C.Regulation No.35 (2) (iii) withspecial written permission of the Commissloner 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 FSl has not beenexhausted in the case of existing buildings and cases decided by theI "Corporation prior to coming into force of these Regulations, theexclusion from FSI computation as in these Regulations will beavailable for construction of betence potential,Provided further that the reconstruction scheme underDevelopment Control Regulations No. 33(6) such exe/usion will bepermissible as per guidelines here under: -i. While working out total existing built up area, the built-up area ofexistitiq staircase will not be taken into account.N . 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 stafrcase, lift-welletc., if any

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v) Area of the basement used exclusively for parking and otherancillary usesas 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 25% ofthe required parking may be permitted with permission of theCommissioner without payment of premium.Provided further in non-residential building, where entire parking isproposed by mechanical/automatic means, additional parking tothe extent of 10% of the required parking shall be permitted free ofFSI as vehicle holding area.

vii) Area of one office room of a co-operative housing society orapartment owners association as provided in sub-Regulation (11) of

IRegulation 38.viii) Lofts [vide sub-Requtetion (5) of Regulation 38.Jix) Porches [vide sub-Regulation (20) of Regulation 38}.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 vacantland is available the Commissioner'may permit the structures withdimensions to be approved by him for such effluent treatment planton 10 per cent amenity open space.

Ixu) A chajja, cornice, weather shade, sun-breaker; at lintel lever only;projecting not more than 1.2 m . from the face of the building asprovided in sub regulation no. 30 (fi) (e)(i).Further Chajja, Cornice, Weather Shade, sun breaker or otherornamental projections etc, shall Qe permissible upto 0.3 mt. in

IGaothan area for the plots adm. upto 250 sq.rntsxiit) A chajja, cornice, weather shade, -sun-breeker over a balcony orgallery, asprovided in sub regulation no, 30 (ii)(fJ(i)xiv) Area covered by pump rooms, etectrtc substations.xv) Area covered by new lift and passage thereto in an existing building

with a height upto 16m. in the Is/and City [vide clause (iv) of sub-Regulation (19) of Regulations 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

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

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

xvtii) 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 1.8mt.xxi) Entrance lobbies in stilted portion, h.eight not exceeding 7.2 mt..xxti) 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. a mts.

xxiv) Ornamental projection of glass faqade/glazing not exceeding a.30mfrom building line for non-residentiel building.

xxv) Area covered by chimney, elevated tanks (provided its height belowthe tank from the floor does not exc-eed1.5m)

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 inclauses xil, xiil, xxiii and xiv above shalf be counted in FSI.

Iil. Open to sky swimming pool at any level other than (xxii) above,excluding at ground level as provided in D,c'regulation 30 (tt), shallbe counted in FSI. . I

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

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~. ::.,-.-:". s-,

35(3) The foJ/owing shall be counted in:FSI.f) Covered parking spaces asprovided' under Regulation no. 36 (5){d)ii) Area of fire escapebalcony as provided in regulation 44(5)ifi) 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.

iv) Part IPocket ICovered terraces, for whatever purpose, exceptopen terrace above the top most storey and the part terrace at topmost storey due to planning constraints but accessible fromcommon staircase.

v) Area below open to sky swimming pool, clearance -exceeding 1.5Mtr. from floor level.

vi) Air condition plant room IAir handling unit room, meter room,D.G.set room except provided in basement.

vii) Are check floorIservice floor of height exceeding 1.8mt.viii) Area of balconies as provided in subrequlstton 22 of Regulation 38.ix) Niches below window sill.x) Area of one public telephone booth and one telephone exchange

(PBX) room per building.Ixi) The ornamental projection, including the voids, flower beds, etc.!

projecting from the face of the building except at the terrace level ..xii) Ornamental projection, flower bed etc. over a balcony or galleryIxiti) Area of one room for installation of telephone concentrators as per

requirements of Mahanagar Telephone Nigam limited.xiv) Area of a separate letter box room on the ground floor of residential

and commercial buildings.rxv) Covered areas required on top terrace for antennaIdish antenna I

communication tower used for Telecom (basic cellular or satellitetelephone) or ITE purposes, V-Sat, Routes, Transponders or similar

Irr related structure or equipment I in excess of 20.00 sq.mts.xvi) The parking floor in excess of required parking under these

requletions [35(2)(vi)}. Deck parking inclusive of Car lifts andpassages thereto on habitable floors.

xvii) Driver's roomIsanitary block on podium and or parking floor.xvili) Covered swimming pool.

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Add the following new regulationD.C.Regulation 35(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 end above admissible Floor SpaceIndex, by charging a premium at the rate of 60%, 80% and 100%of the Stamp Duty Ready Reckner Rate, for Residential, lndustrial andCommercial development respectively.Provided in case of redevelopment under regulation 33(7),33(9) & 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 D.C.regulations no. 33(5) andredevelopment proposal of existing buildings in suburbs and extended suburbsby availing TDR, the fungible compensatory F.5,I. admissible on F.S,[,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 / occupents.Provided, that this regulation shall be applicable in respect of the buildings to beconstructed or reconstructed only.Explanatory Note:-

i) Where lOD/IOA has been granted but building is not completed,this regulation shall apply only at th,e option of owner /develaper,

it) For plots/layouts, where IOD is granted for partial development,this Regulation will apply far the balance potential of the plot,

iii) The fungible FSI is useable as regular FSI,Provided, further, the development in Coastal Regulation Zane(CRZ) areas shall be governed by, the Ministry of Environment &Forests Notification issued from time to time.

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

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Modification to D.C.Regulation 36

Reg.No.35(5)(a)

Existing provision(5) Parking Spaces. -Where to beaccommodated- Theparking spaces may beprovided,-(a) underneath thebuilding, in basementswithin its stilted cortlon, oron upper tloors:

Sanctioned provisionParking Spaces: Where to beaccommodated-The parking spacesmay be provided,-(a) underneath the building, inbasements, podiums, within its stiltedportion, o r on upper floors ifexclusively used for mandatoryparking.Note: (i) The deck parking indusive ofcar lifts & passages thereto shall becounted in FSI.(N) Additional parking floor in excessofrequired parking shal/ be counted inFSI subject to the provision ofD.C.R.35(2)(vi).(iii) In .non-tesidentiel building, whereentire parking is proposed bymechanical/automatic means,eddltione! parking to the extent of 10%of the, required parking shall bepermitted free of FSI as vehicle holdingarea.

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Proposed modification to D.C.Regulation No.38Existing Provisions " Sanctioned Provisions"

38(5)

.' '~.

(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 thefollowing restrictions: -Serial Rooms Coverageno. over (percentagewhich to area ofpermitted roombelow)_ill _(2) _[~)1 Kitchen I 25habitableroom2 Bathroom," 100watercloset,corridor3 Shops 331/3with widthu_Qtom4

5 Industrial 33 1/3

Shops 50with widthexceeding3m

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) Hefght.-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.

Loft :"i) Location : Lofts may be providedover kitchens, habitable rooms ,bathrooms, water closets andcorridors within a tenement inresidentie! building, in shops and inlndustriet buildings.ii) Height :The height of the loftshall not be more than 1.5Mtr. If itexceeds 1.5 Mtr. shall be countedtowards F.S.I.iii) The lofts in non-residentialbuildings shall be located at least 2mts. away from the entrance s :

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38(2)(ii)

(3)

(ii) Height.- (i)The minimum and (iO, Height.- (i)The minimum andmaximum height of a habitable maximum height of a habitableroom shari be as given in Table room shall be as given in Table 1919 hereunder:- hereunder:-eii) Notwithstanding the above (ti) Notwithstanding the aboverestriction as stated in Table 19, restriction as stated in Table 19Iany telematic equipment storage any te/ematic equipment storageerection facility can have a erection facility can have a heightheight as required for effective as required for effective functioningfunctioning of that system of that systemNotwithstanding the above Notwithstanding the aboverestrictions as stated in Table restrictions as stated in Table 19,19, for cinema/TV films for cinema/TV 0 films production,production, shooting, editing, shooting, editing, recordingrecording studios, more height studios, more height as required::Ie .."'~~: o e d &~ '- .. '-" ... licl,.l.ivc Tor tnetr errecrlve functioning shallfunctioning shall be permitted be permittedTABLE 19Height of Habitable Room TA BLE 1 9Heig_htof Habitable RoomN

4 . 2

Sr Occupant Minim Maximumy urn height (inheight meters)(inmeters)

2 . 4

NSr' Occupanc Minim Maximum

y um height height (in(in meters)meters). o . ,

(3) (4)

(d ) (d)Assembly 3 . 6 4 . 2 Assembly 3,6 4 . 2halls, subject to halls, subject toresidential the written residential the writtenhotels of permission hotels of permission3 Star of the 3 Star of thecategory Commissio category Commissioand ner and nerabove, greater : above, greaterinstitution height institution heightai, may be ei, may beeducation permitted, education _Q_ermitted,12

(1 (2)0 )1. Flat roof.{a)Anyhabitableroom

(b)Habitableroom inHighDensityHousing(c)Aircon-ditionedhabitableroom.

(4) (1 (2)"; 11. F/at roof., (a) Anyhabitableroom

I: (b)Habitableroom inHighDensityHousing(e)Aircon-ditionedhabitableroom.

2.75 4 . 2 2.75

2 . 6 4 . 2 2 . 6

2 . 4

3 . 9

3 . 9

3 . 9


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Provided that- (/) 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 anadditionaIFS.I. of 50% of the relevantan floor area.aso f (iii) otherrequirements.- One full side ofa habitable room must abut an exterioropen space same as provided in sub-regulat ion {g) of Reg_u la t ion 29 .

at,industrial,hazardousor storageoccupancles,departmentalstores,malls, LT.buildings,entrancehalls andlobbies todepartme-nt storesandassembly. . . " ,11 . .

2. Pitchedroof -(a) Any 2.75 4.2habitable (avera (averageroom ge with 3.2 Mwith at the

2 . 1 M lowestat the point).lowestpoint)(b) 2 . 6 4.2Habitable (avera (averageroom in ge with 3.2 MHigh with at theDensity 2.0 M lowestHousing. at the point),lowest

point).

Provided that- (i) the minimum clearhead-way under any beam shall be2.4 m .(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.(iil) other requirements.- One full sideof a habitable room must abutexterior open space sameprovided in sub-regulation (9)Regulation '29.

13

. '

at,industrial,hazardous: or stQrageoccupenc !es,departmentaJstores,mal/s, I. T.buildings,officebuildings,entrancehalls andlobbies todepartme-nt storesanaassemblyhalls.e) Shops. 3 . 0 3.9

2 . Pitchedroof-(a) Anyhabitableroom

(b)Habitableroom inHighDensityHousing.

2.75(averagewith 2.1M at thelowestpoint)

2 . 6(averagewith 2.0M at thelowestpoint),

3.9(averagewith 2.8Mat thelowestpoint).

3.9(averagewith 2.7 Mat th elowestpoint).


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38(9)0) (9)Basement-(i) Area andCXtent.- 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.

(9)Basement-Ci) The basementshall not be constructed in therequired front open space underOCR29, The open space from theother boundaries of the plot shallnot-be less than 1.5Mtr. It may beat one level or more.

38(9)(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 or~::>f",_ri", ...........~ """,r~ ..... _ - ,(c) air-conditioning equipmentand other machines used forservices and utilities of thebuilding;(d) Parking spaces;(e) Electric sub-station (whichwill conform to required safety.requirements):Provided that user strictlyancillary to the principal usermay also be permitted in abasement.

(iv), Uses permitted - A basementmay be put to the following usesonly:(a) 0) Storage of household orother non hazardous goods;(ii) Store rooms, bank lockers orL". -' ':>CIIC vautu,

(b) Air conditioning equipment/AHU and other machines used forservices and utilities of thebuilding;I(c) Parking spaces;(d): O.G. set room, meter roomand Electric sub station (which willconform to required safetyrequirements) ;(e) Effluent Treatment Plant,suction tank, pump roomProvided that the users mentionedat (a) above shall be permitted inthe. 1st besement only by countingin F.S.I. subject to the followingconditions :i) ;All requirements regardingaccess, safety (including firesafety), ventilations etc. shalf becomplied with.ii) : All the planning standards(particularly as regarding parking)should be strictly adhered to.

38(12) (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.

(129 Letter Box Room: - A separateletter box room or otherwise ofappropriate dimensions shall beprovided on the ground floor ofresidentts! and commercialbuilping.

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

(20) Porch.- A porch, if any, shallbe at least 1.5m clear of the plotboundetv, shall have a leveldifference of 0.3 m, in relation tothe.level of the floor; the area of aporch upto 5.5m. in length (parallel

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38(21)

38(22)

FSI. A parapet walJ O.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 the._."u 'V,",Y ~""'" UI: a, L III.

(22) Balcony - In anyresidential zone (R-l) 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 griJIs on the top andthe rest of the area except theparapet shall have glazedshutters.

15

to the main building) shall not becounted towards FSI. A parapetwall 0.23m. in height is permissibleover a porch. The Commissionermay permit larger porches formercantile, hotel and publicbuildinas.(21) Canopy ;- A cantilevered andun-enclosed .canopy with leveldiff~rence of 0.3 m . in relation tothe, floor level; may be permittedover eachentrance and staircase, ifa clear distance of at least 1.5m ismaintained between the plotboundary and the outer edge of thecanopy. f ne minimum clear heightof the canopy shall be 2.2 m. TheCommissioner may permit largercan:opies for mercantile, hotel andpublic buildings.(22) Balcony :- In any residentielzone (R-1) and residential zonewith shop fine (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 marginalopet: space to less than 3 mt. atthe-rear and sides and 1.5m in thefront. The width of the balcony wtlibe measured perpendicular to thebuifding line end reckoned fromthat line to the balcony's outermostedg,e. (ii) The balcony may beenclosed.


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NewRegulation

16

38 (34):- Podiumt. A podium may be permittedin plot admeasuring 1500sq.mt or more.tt . The podium provided withramp may be permitted tnone 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.m . The podium shall be used forI tn e 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 consonance

with provision of, D.C.Regulation 43(1) on oneside whereas on other sideand rear side it shall not beless than 1.5m from the plotboundary.vii. Ramps may be pro vided inaccordance withD.C.Regulation 38(18).viii. Adequate area for Driversrest rooms and sanitaryblock may be permitted onpodiums by counting in FSI.


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Proposed amendment in relevant regulations applicable to Fire FightingRequirements

Reg. no.43 (1)

EXisting provisionsGeneral - 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 : FlreProtection Chapter, NationalBuilding Code, shall apply.For mu/tistoried hiah rise andspecial buildings, additionalprovisions relating to fireprotection contained inAppendix VIII shall also apply.The approach to the buildingand open spaces on aI/ sides upto 6 m width and their layoutshall .conform to therequirements of the Chief RreOfficer. 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 provisions43(1) General:-The planning design. andconstruction of any building shalfbe !5uch as to ensure safety fromtire: For this purpose, unlessotherwise specified in theseRegulations, the provisions of partIV: Fire Protection Chapter,J l ' _ ~ ' _ . _ 1 , . , . ~ .

,..,... IJU ,....,rrg \..vuc;, zasau afolY'Y'For multistoried, high rise andspedst buildings, additional

Iprovistons relating to fireprotection contained in AppendixVIII shall also apply,(Ai 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 clear open space of 6 m atground level, accessible from roadside.Provided, if the buOding abutsanother road of 6m or more thiscondition shall not be insisted.Provided further that in case ofredevelopment proposals underOCR33(7) , for plot size upto 600sq.tnt. , l.Smt open space will bedeemed to be adequate.(BJ For the proposals other than(AJabove(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.


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43(2)(6) (ii)

Provided, however, if podium isproposed it shall not extend 3mbeyond building line so as to haveclear open space of 6m beyondpod/urn.Provided, further, where podium iseccesside to fire appliances by aremp, then above restriction shallnot apply.(b) Bui/dings having height morethan 70 m, at least two sides,accessible from road side, shallhave clear open space of 9 m atg-teund J ~ o ; ; "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.Provided, further, where podium isaccessible to fire appliances by aramp then above restriction shallnot apply.(c) I Courtyard I ramp I podiumaccessible to fire app/fances shallbe capable of taking the load up to48 tonnes.(d) These open spaces shall be freetrom any obstruction & shall bemotor able.

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 bulldlnqs, a minimum oftwo enclosed type staircasesshall be provided, at least one

Assembly, business, mercantlle,industria' 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 eachother as possible:Provided that, subject to theprovision under D.C. Regulation44(5)(a) for all multi-storeyed high

18


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

rise and special buildings, aminimum of two enclosed typestaircases shall be provided, atleast one of them opening directlyto the exterior, to an interior, openspsce o r to any open place ofsaf~ty.

44(5) 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: necessary,

44(5) (A) Additional Staircase-(a) In case of multistoreyedresidential buildings having heightmore than 24 m , and less than 70m additional staircase shall be

(a) j ney snail De taken Into nuvided, however, it will nor: ueaccount in calculating the necessary, if,evacuation time of a (i) Traverdistance does not exceedbuilding. as imentioned in sub regulation(b)All of them shall bedirectly connected to the (2)rii)( i )(i & ii) of requtetion 43ground.

(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 emwide with 15 ems treadsand risers not more than19 e m s . The number ofrisers shall be limited to16 per flight.(g) They shall be providedwith handraifs at a heightnot less than 90 emsabove the tread.

end;(if) If floor area on any floor doesnot;exceedsSOD sq mtrsNote: These staircases shall be ofenojosed type having minimumwidth of 1.5mt.(b); Buildings having height 70 mor more, shall be provided with tw oenclosed type staircases, eachhaving width not less than 2.0 m .(c): Whenever two staircases arenecesserv , both the staircases shaffopen & terminate at ground flooror to any other place of safety. Thestaircase shall be as remote aspossible.(B) Fire Escapebalcony:(a) For industrial buildings, a fireesCapebalcony not exceeding 1.5meters width shalf be provided atthe' periphery of every floor levelend shall be connected to staircaseand shall have a railing Iparapetof 1.10 meters height on externalsides.(b). Fire escape balcony to the

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"

44(7)

buildings other than residi:mtia(occupancy shall be decided bycm Fire Officer.(c); Requirement of Fire EscapeBalcony(i) it shalf a/ways be kept free fromobstructions & no partitions sh8J1be erected.(ii): It shaJ/ be provided with waJltype sprinklers at every floor lever.Note: - Fire Escape balcony shallbe counted in FSI.

Refuge area: Refuge area:a) -IRmulti-st-eFyee-al'ldhigh- tot The refuge area -shaH berise bulldlnqs, at least provided within building line atone refuge area shall be flbor level.provided on the floorimmediately above 24 m. (ii) In case of multistoreyed &

b) It shall be on the external high rise buildings having heightwalls as a cantilevered more than 30 mts., first refugeprojection or in any other area shall be provtded at 24 mt.manner. or 1st habitable floor, whichever

c) It shall have a minimum is higher. Thereafter, the refugearea of 15 sq m andminimum width of 3.0 m. area shall be provided at everyd) It shall not be counted in 7th habitable floor. The refugeFSI. area shall be 4% of the habitabletioor area it serves, and will be

free of FSI. If it exceeds 4%, theexcess area shall be counted inFSI.

(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 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

2 0


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NewReg.44(8)

N ewReg.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 . ,snett necessarily be providedwith fire escape chuteshaft/s for every wingadjacent to staircase.

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

(iii) One side of the shaft shallbe at external face of thebu;Jding with properventilation.

(tv) The dimension of the shaftshall not be less than 2.5 m

, XI.5m.(vJ The access to the fire

escape chuters shaft shall bemade at alternate floor levelfrom staircase mid-landingwith self-closing door ha vingfire 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,(8) For High rise buifding havingheight more than 70 mt.,"Controlled Lowering Device forevacuation" or "ExternalEvacuation System" as approvedby CFOshall be provided.44 (9) Fire Check FloorA 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


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, .

22

not be more than 1.8mts.Th~ fire check floor shall not beused for any purpose and it 'shalfbe: the responsibility of theowner/occupier to maintain thesame dean and free ofeocumbrences and encroachmentsat all times.Periphery of the Fire Check floorshdll not be enclosed.Fire Drenchers shall be provided atthe periphery of the each fire checkfloor externally.


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' ...., -

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

Appendix VTII(19)

i) Manner of providing refuge area :a) The refuge area shall be so located that if shall preferably face the accessroed/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 rmd-landing of the staircase only. All other refuge areas shall be within the buildingline only.c) The cantilevered refuge area sha/J necessarily be of RCC Type.d) The refuge area shall be provided with railing Iparapet 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 sha/J not be permitted to open into the refuge areas.h) The refuge area provided within building line shall be accessible fromcommon passage/ staircase.ii) Use of refuge area :a) The refuge area shall be earmarked exclasively 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) Fadlities to be provided at refuge areaa) Adequate emergency lighting facUity shall be provided.iv) Terrace floor as a refuge floor: .a) The necessary facilities such as emergency lighting, drinking water etcshall be provided. rb) The access door/s from the enclosed stair,case/s to the terrace floor shalfhave louvers at top half portion of the door. The entrance doors to the terraceshall be painted or fixed with sign painted in tuminous paint mentionitiq"REFUGEAREA n. ~p,

. ( Rajendra Habde )Under Secretary to Government.

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Documents

6 January 2012 Circular