Yomesh Rao

Director at YMS Consultants
Yomesh has almost 20 years of operational and strategic experience in the real estate and construction industry across India. Having been head of the department of Regulatory and Liaison within the Raheja Group, Yomesh ventured out to start his own consultancy YMS Consultants Limited and is currently undertaking projects PAN India across multiple cities. He is also Associate Director with Ultratech Environment Consultancy Services. He is currently in the Executive Committee of PEATA(Practising Engineers, Architects and Town Planers Association) as Joint Secretary. He subsequently studied Law and is a Law Graduate with LLB and LLM, Masters in Law in Environmental Law and is in the process of forming a law firm giving techno legal advice

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Answered on December 04, 2017
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  • Mumbai DCR Regulation 51(i) states: Apart from residential use,  Customary Home Occupation shall be permitted in buildings, premises or plots in a purely residential zone. 

    "Home occupation" is defined as customary home occupation other than conduct of eating or drinking place offering services to the general public customarily carried out by a member of the family residing on the premises with...

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    Answered on December 03, 2017
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  • The Term Loading is Associated with Loading of TDR in the MCGM Building Proposal File.

    In MCGM TDR is Permitted to be Utilised as per DCR 34. The Process of Utilising TDR and additing to the BUA of the Projeft commonly Refered to as Loading of TDR.

     

     


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    Answered on December 03, 2017
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  • The BMC Estate Department is the Department which Maintains Records of the Lands and BUA Held by the MCGM.

    The Functions and Services of the Department is pertaining to the Proposals for lease of Municipal plots , renewal of lease, Transfer of Leasehold rights, Recovery of lease rent, Ground rent etc.
    Acceptance of Redevelopment of Municipal Tenanted properties, Leasing the plots to said propose...

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    Answered on December 03, 2017
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  • Once the Submission is made to the MCGM with the Requisite Submission Requirements along with the Proposed Plans as per Regualtions and Duly Paying the Scrutiny Fee Thereafter.

    The File is Processed in the Building Proposal Department and the Plans are Scrutinised the Cooncerned Engineering Staff to Process for the IOD.  

    In Case the Proposal Needs Relaxations (Commonly Known as Concessions) Th...

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    Answered on December 03, 2017
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  • Yes Ofcourse, Why Not.

    It would be Interesting to Know that Prior to the Right to Information Act and the East of doing Business Initiative

    Only 30 to 40% of the Existing BUildings had OC.

    Most of the Buidlings were without OC and yet have been Redeveloped 

     

     


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    Answered on December 03, 2017
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  • The Process of Redevelopment is vast to Explain.

    However in a Box it can be Explained by understanding What is the Need of Redevelopment 

    !--StartFragment--Building are getting  Old and some even Dilipidated 
    Times have changed and the Design  Requirements have Changed (Such as Wooden Windows have been ousted by Aluminium French Glass Windows etc.. Small flat and room sizes with No attached Toi...

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    Answered on November 09, 2017
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  • DRC Stands for Developments Rights Certificate.

    It is as per the TDR Policy wherein DRC is Granted when any Reserved Land in Development Plan is Surrendered to the Municipal Corporation Free of Cost in Leiu of TDR, Which can be Sold in the Open Market by the Land Owner as TDR.  



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    Answered on November 09, 2017
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  • BCC is the Buildng Completion Certificate.  

    Procedurally the Regulations Require you to Obtain the Building Completion Certificate from the Planning Authority, After the Construction is Complete as per Approved Plans and as per Permissions granted.

    After which the water Connetion should be Obtained from the Water Department and then Occupation Certificate should be Granted.

    But Due to the Ease...

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    Answered on November 09, 2017
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  • There is no limit to the number of students you may coach. Mumbai DCR Regulation 51(i) states: Apart from residential use,  Customary Home Occupation shall be permitted in buildings, premises or plots in a purely residential zone. 

    "Home occupation" is defined as customary home occupation other than conduct of eating or drinking place offering services to the general public customarily carried ...

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    Answered on November 09, 2017
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  • The MHADA Buildings as per DCR 33(5) eligible for aditional FSI. Recently the Govt of Maharastra brought in Revised Noms on 3rd july 2017 wherein the Fsi is Proposeed to be up to 4.00 for Plots more than 4000 smts and on roads more than 18mtrs. And up to 3.00 for plots less than 4000 smts.

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    Answered on November 09, 2017
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  • Yes, It is Possible. But if Building is sanctioned for 10 Floors why would a Developer or Builder ask for lesser CC.

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    Answered on November 09, 2017
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  • Draft Development plan 2034 has been Published on May 2016. The suggestion objections were Heard by the planing committee in ded 2016 the Planning Committee recommendations were put up to the Corporation as per MRTP act . The Corporation has recently in August 2017 cleared the Recomendations and Forwarded to Govt of Maharashtra UD Department. The UDD will take a call on the Recommendations of C...
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    Answered on November 09, 2017
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  • Gaothan on old Existing settlements which have been marked in DP as well in the Revenue Records a Tenure A. In gaothan FSI is governed as per DC 33(19) , Infact additional Fsi is granted up to 1.50 for roads more than 6mtrs and 2.00 for roads more than 9mtrs.

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    Answered on November 09, 2017
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  • Mahim has been Declared as a Creek in the New CZMP Published and hence the CR buffer is educed from 500mtrs to 100mtrs. Hence Beyond 100mtrs CRZ does not apply.

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    Answered on November 09, 2017
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  • CRZ is classified in to CRZ-I, CRZ-II, CRZ-III, CRZ -IV and CRZ-V. In CRZ-II Construction is Permitted as per Regulations Prevailing on 19/2/1991 when the First CRZ Notification was Notified. Also Permitted in CRZ-III, IV and V as per Recent CRZ Notification dated 6jan 2011

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    Answered on November 09, 2017
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  • TDr Permissibility has been reduced and Increased based on Road width as per Recent Notification dated 16 nov 2016.

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    Answered on November 09, 2017
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  • The Restrictions due to Govt Intervention has been reduced from 500mtrs to 10m as per Recent Notifications and Circulars.

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    Answered on November 09, 2017
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  • If the Plot is within 30mtrs from the Railway Boundary and is shown in the D.P.Remarks as affected by Railway Buffer then NOC is Mandatory.

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    Answered on November 09, 2017
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  • The Highrise Buidling from CFO point of Vew is 24mtrs (Proposed to be 32 mtrs in DDP 2034) , Additionally for building more than 70mtrs High Court has constituted a Higrise Commmittee to Clear Poposal of buidlings more than 70mtrs.

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    Answered on November 09, 2017
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  • As per Regulation the Fungible for Rehab isFree to the extent of 35% of their existing area and canot be used for Sale. However Legally areas can be sold and a way be deviced to do so

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    Answered on November 09, 2017
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  • Yes Only after Converting or Taking Conversion Permission to Permit Residential Users in Industrial Zone by Leaving Required Seggregating Distances as per Regulations and providing amenity as per Policy. Most Importantly the Labour Commissioners NOC is Mandatory for such aplciation as Labour Dues hav to be settled first and foremost.

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    Answered on November 09, 2017
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  • Yes Miscellaneous Permission similar to amagamation of Flats which is currently as per Ease of doing business grnatned under Fast Track approval in a day subject to Submission fulfilment

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    Answered on November 09, 2017
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  • The Development Plan Remarks (SRDP 1991) Remakrs would specify so and also mention to take Estate Remarks, additionally the PRC would also metion Land Holding by Estate Department in Revenue Document and Also would be visible in Title Documents.

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    Answered on November 09, 2017
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  • For Regular Development Earlier it was Base Fsi 1.00 + Optional Addl FSI 0.5 + TDR. = Max 2.00 + Fungible 35 % =. 1+1+0.7 = 2.70 FSI (Subjec to Reservations). But as per TDR road width policy the Fsi is Base Fsi 1.00 + Addl FSI 0.5 + TDR as per Road Width (0.5(9-12.2 mtrs road)/0.7(12.2 to 18.30 m road)/ 0.9 (18,30 to 30m road) / 1.00 (more than 30m road) = Max 2.00/2.2/2.4/2.5 + Road Setback a...
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    Answered on November 09, 2017
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  • The Non agriculture Procedure has been simplified in 2017. However Grampanchayat approval has no meaning as Grampanchayat act of 1958 has been superceded by the MRTP act 1966 whrein the powers to grant permission is of the Collector/ Town planing Department and merely grampanchayat approval Constructions area. Violation and Illegal. Also Grampanchayat members are not Technically Qualified and M...
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    Answered on November 09, 2017
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  • It is Unlikely that the Approval is for 1 unit and Completion given for 2 units without proper sanction. The Last approved/ Comletion Plans will be considered in this case and any Deviation on site will have to be regularised before buying.

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    Answered on November 09, 2017
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  • This is a vry subjective question as in Mumbai FSI is permissible under DCR 32 +tdr under 34 + Fungible under 35(4). Also there is DCR 33 wherein Additiona Fsi up to 4.00 is permissible for specific uses and special cases.

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    Answered on November 09, 2017
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  • Yes , amalgamation of 2 Flats is Permissible subject to Pakring and other Requirements, As per Latest Ease of doing Business Circular BMC has brought in a Circular in august 2016 wherein on submission of requisite Docuemnts the permission should be granted in a Day Theoritically but it has become easier and faster for sure.

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    Answered on November 09, 2017
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  • The Old approvals have been scanned and uploaded online in MCGM website , but incase it is not visible or available online , One can always apply under RTI to MCGM Building Proposal Department to get a Copy , also try Searching in Assessment Department and Water Department for Older Buildings as Recirds were not maintained as should have been.

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    Answered on November 09, 2017
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  • Yes there are Multiple Remarks and Submission Documents before Approval is granted. Earlier the Approval Times was 180 Days to even more. But due to the Ease of Doing Busimness Policy of Government and Online processing the timelines have reduced and is reduced to 60 days

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    Answered on November 09, 2017
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  • DDP 2034 proposes Fsi on Gross Plot Area and hence the FSI has to Increase. Also the Fsi of Reservations is proposed to be granted over and above FSI and Aditional Fsi/TDR. However after the DDP was published in May 2016, In November 2016 the Govt came up with the Policy of TDR Permissible as per Road Width + 0.50addl FSI + Road setback + Base FSi. Hence for Larger Roads the FSi is Road setback...
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    Answered on November 09, 2017
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  • CC is granted in some parts of the Country once for Entire Work, But in Mumbai the CC is first Granted up tp Plinth or Top of Stilt as the Plinth Size and Open Spaces are checked at this Stage before Granting Full CC for entire work as approved.

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    Answered on November 09, 2017
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  • Yes , To a great Extent it is True as all the Premiums have been Gradually Linked to Ready Reckoner and as the Ready Reckonner changes every year , The Rate of premiums and Development Charges Keep Increasing Every Year making the Cost of Development Substantially high.

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    Answered on November 09, 2017
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  • ULC is Urban Land Ceiling . It has been Repealed under the Repeal Act 1999 and Maharashtra Goernment adopted the Repela Act in 2007. The Repeal act protects only Orders U/s 20 and Action taken under Section 10(3), 10(5) of the ULC act 1976. Rest of the lands come out of the purview of ULC.

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    Answered on November 09, 2017
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  • 0.33 FSI additional Fsi as brought in by the Government when TDR cartel was raising TDR Pricing and making Housing Unaffordable. The 0.33 Additional FSI was introduced in 2008 at a Nominal Pricing. Thereafter the Govt to boost its Revenue Increased the aditional FSI Quantum to 0.50 and increased the Rate of additional FSi to 60% of ASR (Annual Schedule Rates of Ready Reckonner/ Land Rate)

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    Answered on November 09, 2017
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  • Property Register Card and CTS Plan are Revenue Documents or Records of Title held by Government Revenue Department which has Records of the Status of the Land and Title as per theie Records.

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    Answered on November 09, 2017
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  • CFO is the Chief Fire Officers Permission or Remarks on the Building. It is Granted for Highrise Buildings and also when Relaxations are sought then for all Buildings from the Fire Safety aspect and Fire Safety point of View

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    Answered on November 09, 2017
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  • CC means Commencement Certificate . In Maharashtra it is granted under MRTP Clause 44/69 or commencement of work.

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    Answered on November 09, 2017
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  • Intimation of Disapproval (IOD). The Term is Derived from the MMC Act 1888 during the British Era hence the Language Disapproval. During British Era in India More particularly in Mumbai Birtish used to Intimate Disapproval and on Compliance of the Disapproval conditions used to grant CC (Commencement Certificate for Construction.

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    Answered on November 09, 2017
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  • built up Area is the Total Covered Areas of a Building

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    Answered on November 09, 2017
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  • CARPET AREA IS DEFINED DIFFERENTLY UNDER DIFFERENT NORMS FOR DIFFERENT PURPOSES

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    Answered on November 09, 2017
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  • COASTAL REGULATION ZONE - REFER CRZ NOTIFICATION LAST MODIFIED ON 6/1/2011

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    Answered on November 09, 2017
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  • Fungible FSI or Fungible Compensatory FSI is Permissible under DCR 1991 of Mumbai under Clause 35(4)

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    Answered on November 09, 2017
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  • TDR is Transfer of Development Rights.
    The owner (or lessee) of a plot of land which is reserved for a public purpose in the development plan and for additional amenities deemed to be reservations provided in accordance with these Regulations, excepting in the case of an existing or retention user or any required compulsory or recreational open space, shall be eligible for the award of Transfer...
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    Answered on November 09, 2017
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  • Floor Space Index also Known as FAR Floor Area Ratio. "Floor space index (FSI)" means the quotient of the ratio of the combined gross floor area of all floors, excepting areas specifically exempted under these Regulations, to the total area of the plot, viz. :- Total covered area on all floors Floor Space Index (FSI) / (Divided by) Plot area