You can ask and will get FSI since as per DC regulation 2034, loft or mezzanine floor having height above 5 feet will be counted towards FSI,
Mezzanine floor for commercial Space
We are tenant in building going for redevelopment in South mumbai, We have a SHOP & the mezzanine floor has be regularized by BMC in 2006, The Mezzanine floor height is 6 Feet & below mezzanine floor the height is 10 feet, we need to give the shop for redevelopment in 2020, Please advise can we ask for FSI for mezzanine floor, As per builder we are not eligible as it has to be before regularized by BMC before year 1991, However as per DC regulation 2034, i understand it has clearly mentioned that any loft or mezzanine floor having height above 5 feet will be counted towards FSI, Please can any 1 advise on the same
Asked 4 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
6 Answers
only those lofts bearing a height of more than 5 ft is categorised as mezzanine floor
2) A mezzanine floor shall be permitted within a room provided that the carpet area of such room is not less than 27 sq.m. and the area of the mezzanine floor does not exceed 30% of the carpet area of the room in which it is located. The height above and below the mezzanine floor shall not be less than 2.4 M and 2.6 M respectively. The area of mezzanine floor shall be counted towards FSI.
Dear Mr. Ajay thanks for your answer, Its an commercial shop with an area of 20 SQ MTR & mezzanine floor area is 10 SQ MTR Also we have regularized the same in 2006, & builder is asking for documents before 1991,
Asked 4 years ago
Do not agree for redevelopment if builder is refusing to consider mezzanine floor for redevelopment
since BMC has regularised mezzanine floor it should be considered towards FSI
the mezzanine structure was not there in the original building plans
it came to be regularised subsequently in the year 2006
now for the purpose of redevelopment you need to first ascertain under which regulation number of the development control rules is the building undertaking the redevelopment
for instance if the property is being redeveloped under regulation number 33(7), then any structure that comes into existence after a certain cut off date is not considered for the purpose of allotment of new premises
so plz check under which regulation the builder is doing the redevelopment
the provision of DC 2034 which you have stated is quite general. You need to inform under which regulation did you find that provision as reproduced in your original query. Also that entire regulation has to be read in its entirety and not simply a portion of it. It could be that there is a cut off date too for accepting any mezzanine structure having a height of 5 feet and more for any redevelopment
To encourage tenants to go in for redevelopment, the state has now asked the BMC to modify development control rules to allow lofts and mezzanine floor area to be included while calculating the FSI for tenement.
Eleven years after its decision to regularise all unauthorised lofts and mezzanine floor built in the city upto 15.08.1997 a proposal for this new amendment will be tabled before the civic standing committee. ..
It will be useful i the rules are implemented
Your regularisation had taken place only in the year 20067, hence your developer may be right in demanding the regularization prior to the year1991.