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Civic Body Plans To Tighten The Screws On Builders While Granting Them Concessions

Nauzer K Bharucha | TNN

    The Brihanmumbai Municipal Corporation (BMC) plans to make things difficult for developers who procure building concessions and then misuse the space by selling it to flat buyers. Although a policy is yet to be finalized, municipal commissioner Subodh Kumar has already started clearing projects by putting restrictions that clamp down on these violations.
The areas which are generally misused are flower beds, canopies and car decks. Today, most builders blatantly sell the flower bed area although it is not included in the floor space index (FSI) of the building. Flat buyers then illegally amalgamate the flower bed area into the room in order to make the living space larger. TOI has learnt that it may soon become mandatory to construct a 70-cm-high RCC wall at the edge of the room to demarcate it from the flower bed area.
Although rules restrict a flower bed area to be not more than 1.2 m to 1.5 m in size, some builders have extended it up to 3 m. "If things go as planned, architects will have to leave a void between the room and the flower bed so that the two are not merged," said sources.
The worse case violations, said sources, are some of the residential towers coming up in the Parel area. Open terraces, 3,000 to 4,000 sq ft each, are sold as part of the apartment although terrace spaces are free of FSI.
    Incidentally, Kumar on Friday recalled a project file pertaining to the construction of a 22-storey residential building in Borivli. The building plan showed a car deck on each floor. But as the deck was adjoining the apartment, it was clear that the builder would sell it to the purchaser who would then make this area part of the flat. The architect has now been told to redesign the building in such a way that the deck area is away from the apartment.
    Civic officials have also been ordered to inspect every building which has been permitted to build car decks on each floor. Last year, TOI had exposed how builders were selling the car deck areas and showing them as part of the apartment. "These builders get plans approved for 1,500 sq ft flats, but the car deck itself is another 2,000 sq ft. The builder then sells the flat showing an area of 3,500 sq ft. Such proposals will be cleared provided there is a common passage or staircase between the car deck and the
apartment," said civic sources.
    Another common violation is the misuse of canopy, which is located at the entrance of the building. The owner of the apartment situated just above the canopy is sold the empty space (top of the canopy), which could be as large as 5.5 m. To prevent its misuse, the canopy, which is again free of FSI, will have to be constructed one metre below the apartment.
    Kumar has also made it clear that concessions in open spaces surrounding a building will be granted only if there is genuine hardship faced by the developer or if the plot is narrow. Moreover, he will soon make it mandatory for builders to take into account the hardship faced by those residing on the neighbouring plot in case their light and ventilation are affected.
    Kumar will also insist that architects/builders reveal the full FSI and TDR that they can utilise while seeking concessions, especially in open spaces. "This way, permission to treat open space deficiencies can be ascertained by the BMC at the initial stage itself," said sources.
    Meanwhile, reacting to complaints that building proposals are stuck since Kumar took over as the civic chief, his office clarified that 80 files were cleared in the past one week, but another 59 proposals were sent back for want of additional information from the project architects.

Flower Beds VIOLATION | Not included in the FSI of the building, it is illegally amalgamated into the room to make the living space larger
    SOLUTION | A 70-cm-high RCC wall at the edge of the room will prevent its misuse

CHECKS & BALANCES
Canopies VIOLATION | Owner of the flat situated just above the extension is sold the space which could extend up to 5.5 m
    SOLUTION | Constructing it at least one metre below the apartment

Car Decks
VIOLATION | Builder sells it to the purchaser who eventually makes this area part of the flat
    SOLUTION | There has to be a common passage or staircase between the car deck and the apartment