Regulation 33(9) DCPR 2034: Complete Procedure Guide

In the bustling urban landscape of Greater Mumbai, redevelopment and reconstruction of aging buildings are critical for safety, modernization, and optimal land use. One common query among developers, housing societies, and landowners is: What is the Procedure for Development under Regulation 33(9) of DCPR 2034? This regulation, part of the Development Control and Promotion Regulations for Greater Mumbai, 2034 (DCPR 2034), provides a framework for reconstructing buildings that may not fit standard redevelopment schemes. Notified by the State of Maharashtra on 8th May 2018 under Section 37 of the MRTP Act, DCPR 2034 replaced earlier regulations like DCR 1991, introducing liberalizations while maintaining structured processes. 2022 0 Supreme(Bom) 1103

This guide breaks down the procedure step-by-step, drawing from regulatory provisions and related case insights. Note that while this offers general information, specific projects should consult local authorities or legal experts, as applications may vary.

Overview of Regulation 33(9) DCPR 2034

Regulation 33(9) specifically addresses the reconstruction of buildings, focusing on those requiring redevelopment outside typical schemes like Slum Rehabilitation Authority (SRA) projects under Regulation 33(11). It emphasizes structural safety, compliance with zoning, and incentives like additional Floor Space Index (FSI). Unlike SRA schemes where Regulation 33(10) automatically applies upon activation—integrating procedures and vesting jurisdiction with the SRA CEO—Regulation 33(9) applies to non-slum tenanted or society buildings. 2025 Supreme(Online)(Bom) 4470

HABIB NADIADWALA AND 9 ORS vs NEXT CONSTRUCTIONS AND 2 ORS - Bombay

DCPR 2034, integral to DP 2034, governs all developments in Mumbai post its publication on 21st September 2018. It allows plans to be approved under relevant regulations like 33 or 30, depending on building category. 2022 0 Supreme(Bom) 1103 2022 0 Supreme(Bom) 719

Key Steps in the Procedure for Development

The process under Regulation 33(9) is methodical, ensuring transparency and regulatory adherence. Here's a detailed outline:

1. Eligibility Assessment Evaluate if the property qualifies. This involves inspecting the building's condition against safety and structural standards. Buildings constructed with prior approvals or existing before 17th April 1964 may seek extensive repairs beyond 75% built-up area under applicable regs. 2022 0 Supreme(Bom) 719

2. Development Agreement Execute an agreement between the developer, society, or landowner. It must detail redevelopment terms, including FSI sharing. For instance, additional FSI beyond permissible limits is often shared in a predetermined ratio. If plot size or scheme changes, a supplemental agreement may be needed. 2024 0 Supreme(Bom) 40

3. Approval from Authorities Submit plans online per Regulation 17(1) for processing by municipal authorities like MCGM. Obtain clearances for zoning, building codes, and heritage under Regulation 52 if applicable. Proposals for redevelopment, such as under 33(7) and/or (9), may involve MHADA/MCGM without insisting on subdivision. 2022 0 Supreme(SC) 353 2023 0 Supreme(Bom) 1278

4. Possession and Demolition Post-approvals, the developer gains possession. Demolish the existing structure if necessary, paving way for new construction.

5. Reconstruction Process Build per approved plans, adhering to permissible FSI and incentives. Developers can convert ongoing schemes from DCR 1991 to DCPR 2034 for benefits like TDR under Regulations 33(10) Clause 11 or 9(6), applicable to pre- or post-enforcement projects. 2025 Supreme(Online)(Bom) 23 2025 0 Supreme(Bom) 80

6. Compliance with Additional Regulations Address environmental clearances, community needs, height restrictions, and heritage compliance. Regulation 32 of DCPR 2034, replacing DCR 1991's 34, may influence related aspects. 2024 0 Supreme(Bom) 907

7. Final Inspections and Occupancy Undergo municipal inspections. Issue of occupancy certificate confirms standards met.

Important Considerations and Incentives

• FSI Sharing: Excess development potential is typically shared between developer and society. This mirrors practices in related regs. 2024 0 Supreme(Bom) 40

• Scheme Conversions: For balance development, convert old projects fully or partially under DCPR 2034, surrendering land or complying with TDR (Regulation 32). This flexibility aids continuity. 2025 Supreme(Online)(Bom) 23 2023 0 Supreme(Bom) 891

• Distinction from SRA: Redevelopment isn't automatically under 33(11); parties must agree explicitly. Regulation 33(10) centralizes SRA jurisdiction but doesn't override 33(9) for non-SRA cases.

  HABIB NADIADWALA AND 9 ORS vs NEXT CONSTRUCTIONS AND 2 ORS - Bombay

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• Heritage and Special Permissions: Incorporate Regulation 52 for listed structures. Online proposals ensure streamlined processing. 2023 0 Supreme(Bom) 1217 2023 0 Supreme(Bom) 1278

DCPR 2034's Part III on 'Land Uses and Manner' follows DCR 1991 contours with added relaxations, challenging aspects like Regulation 14(B) in courts. 2023 0 Supreme(Bom) 2123

Legal Framework and Judicial Insights

Courts have clarified DCPR 2034's precedence post-notification. For example, redevelopment of tenanted buildings under 33(11) requires explicit agreement, distinguishing it from 33(9).

HABIB NADIADWALA AND 9 ORS vs NEXT CONSTRUCTIONS AND 2 ORS - Bombay

Regulation 33(10) aids SRA conversions, but for general reconstruction, 33(9) provides the core path. Developers opting for DCPR benefits must align with current provisions. 2025 Supreme(Online)(Bom) 2971

Key Takeaways

• Structured Yet Flexible: Regulation 33(9) offers a clear path from assessment to occupancy, with conversion options for incentives.
• Compliance First: Online submissions, authority approvals, and heritage checks are non-negotiable.
• Tailored Advice Needed: While generally applicable, consult MCGM, MHADA, or specialists for project-specific nuances.

Navigating Mumbai's redevelopment under DCPR 2034 demands precision. By following these steps, stakeholders can achieve compliant, value-adding projects. For personalized guidance, reach out to real estate law experts.

This article provides general insights based on DCPR 2034 and cited sources; it is not legal advice.