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prasang2

parking provision in DCR 33(7)

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prasang2

Hi ! I would like to know information on Mandatory Car Parking to be made available by Builders under DCR 33 (7) in Redevelopment Of building in Mumbai

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arvindwadke

Parking requirements for redevelopments undertaken under DCR 33(7) have been modified by MCGM since 12th August 2009. The same are as under:

 

One Car Parking Space for every

1) Tenement with carpet area upto 45 sq. mts. (485 sq. ft.)

2) 2/3 Tenement with carpet area exceeding 45 sq. mts. but not exceeding 100 sqmt.

3) 1/2 tenement with carpet area exceeding 100 sq. mts.

 

In other words; one car park per tenemrnt up-to 485 sq. ft carpet, is compulsury. However, if carpet area of tenement exceeds 100 sq. mts. (1076 sq. ft.) two car parking space per tenement will have to be provided.

In addition to what has been specified above in 1) 2) & 3) additional 25% parking space, over and above the total requirement is also required to be provided as Visitor's Parking.

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Ketan Modi

Dear Prasang,

I suggest that you also approach building proposal department seeking information related to the building for which you are seeking the information for redevelopment under 33(7). Ask for all the details including passed plan and ask for duly attested copies of all the documents. Besides, further submit another application to Bandra MHADA office I think 3rd Floor and seek documents. I am sure on closer scrutiny you will find lacunae due to builder-officer nexus. Happy information seeking

Ketan Modi

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payal vadgama

I have a shop in C ward of 540 sq.ft.Our building is undergoing redevelopment U/S 33(7).I would like to know whether I am eligible for car parking as I regular car user?How much corpus fund will i get and what is the formula for calculating corpus fund?What amount of municiple tax exemption I get in maintainance charges and for how many years?

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arvindwadke

Dear Payal Vadgama,

 

Parking regulations were modified by the MCGM on 12th August 2009. As per the revised parking norms, for commercial establishments, i.e. shops, departmental stores etc, one parking space needs to be provided for every 40 sq. mts. (430 sft) of carpet area, up-to 800 sq. mts. and thereafter the regulation changes to one parking space for every 80 sq. mts. For proposals under DCR 33(7), 33(9) and 33(10) the said requirement is at 50%.

 

As regards to concessions in Property Tax, the Government of Maharashtra, vide its Notification dated 8th November 2005, inserted Section 144-D in the BMC Act, granting concession for a period of 20 years from the date of OC, for the tenements to be constructed U/s. 33(7) and having carpet areas not exceeding 350 sq. ft. The same are as under:

From 1st to 10 years : 20% of Regular Tax

From 11th to 15 years : 50% of Regular Tax

From 16th to 20 years : 80% of Regular Tax

After 20 years : 100% of Applicable Tax.

 

Since, at present you are holding a commercial establishment of 540 sq ft (50.17 sq. mts), you may ask for a parking space in reconstructed building. As regards to concession in property taxes, on its redevelopment, you are not entitle for the same. Till now the property taxes were levied on Ratable Value, (Rental System) the same is likely to be revised on Capital Value (Market Value System).

 

The basic aim of providing Corpus Fund, is to take care of your additional tax liability. If not to the extent of 100% but at-least for a major part of it. Since, your tenanted premises, on redevelopment would be converted into Ownership basis, increasing its Market Value, you may consider this factor and can negotiate for Corpus Fund with your Developers.

 

Regards

Ar. Arvind Wadke

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