In January, the Maharashtra government amended certain provisions of the Development Control Regulations for Greater Mumbai, 1991, which define the calculation of floor space index (FSI). One of the aims of this amendment was to deal with builders that were including certain areas such as flower beds, niches, and balconies (previously excluded from the computation of FSI) as the carpet area of a flat or workspace and therefore violating FSI limits.
Floor space index is defined under the Maharashtra Regional and Town Planning Act as the ratio of the combined gross floor area to the total area of the plot. Regulation 35 of the Development Control Regulations for Greater Mumbai lays down the computation of floor space index for residential, commercial and industrial zones.
The amendment
Prior to this amendment, the regulations had no express provision indicating areas falling within the ambit of FSI. Regulation 35(2) states that certain areas cannot be included in FSI. These include areas such as those covered by staircase rooms, lift rooms above the topmost storeys, areas covered by staircases, areas of the basement used exclusively for parking and other ancillary uses, the office room of a co-operative society, lofts, areas covered by electrical substations, fire chutes and balconies.
Madhav Mallya is an associate at Vidhii Partners and can be reached at madhav.mallya@vidhiipartners.com.
Mumbai
102-A, Prathmesh Tower
Premises Co-op. Society Ltd.
Raghuvanshi Mills Compound
Senapati Bapat Marg, Lower Parel,
Mumbai 400 013, India
Tel: +91 22 4355 8555
Fax: +91 22 4355 8550
Email: vidhii.mumbai@vidhiipartners.com.
Kolkata
Ambassador Apartments,
Flat No. 13, Block B,
First Floor, 61A, Park Street,
Kolkata 700 016, India
Tel: +91 33 4001 4224
Fax: +91 33 4001 4225
E-mail: vidhii.kolkata@vidhiipartners.com
