The Brihanmumbai Municipal Corporation (BMC) is proposing a relaxation in the required amount of marginal open spaces on the sides and rear of commercial buildings. If implemented, this proposal will benefit developers constructing office buildings. The BMC has requested objections and suggestions from the public within a month regarding the proposed modification of Clause 41(2) of Development Control and Promotion Regulations 2034 (DCPR 2034). Following this, it will approach the state urban development department to seek approval for the relaxation.
This decision comes shortly after the state government granted a similar relaxation in marginal open spaces of airport land for commercial development around Sahar in January, which the Adani group now owns.
Currently, building regulations require mandatory marginal open spaces on the sides and rear of every building to ensure adequate light and ventilation. The minimum requirement for commercial buildings is 4.5 meters, with a maximum of 6.4 meters for a nine-storey or 32-meter building.
Under the current development control rules, builders may request relaxation in the mandatory requirement of marginal open spaces. However, the BMC commissioner must provide written justification for granting the concession. Additionally, the concession is granted only upon payment of a premium of 50% of the Ready Reckoner Rate for commercial development. The new notification proposes that the government gives relaxation in marginal open spaces by law, eliminating the payment of the premium and the need for the commissioner’s sanction.
The DCPR 2034 allows for an FSI (floor space index) of 5 for commercial buildings, taking into account the built-up area required for businesses and jobs to fuel the city’s economy. If builders request a concession in marginal open spaces, the high premium becomes a deterrent, making rationalising the premium a welcome move.