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
Answers
Regulations
#mumbai#maharashtra#tuition#residence
Can I run tuition classes in Mumbai in a residential flat in my co-op housing society?
Can I run tuition classes in Mumbai in a residential flat in my co-op housing society?
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Answered on December 03, 2017
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
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.
Answered on December 03, 2017
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...
Answered on December 03, 2017
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
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
Answered on December 03, 2017
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...
Answered on November 08, 2017
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.
Answered on November 08, 2017
1.5 Meters ( 5 Feet height)
Answered on November 08, 2017
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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Regulations
How many Students can be taught at a time in my Residential flat ( in a co-op housing society ) in Mumbai ? What are the relevant Laws ?
How many Students can be taught at a time in my Residential flat ( in a co-op housing society ) in Mumbai ? What are the relevant Laws ?
Answered on November 08, 2017
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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Regulations
#fsi#policy#applicable#mumbai#city
What is Mhada FSI policy applicable in Mumbai city? Is it true we can get more than 2 FSI there?
What is Mhada FSI policy applicable in Mumbai city? Is it true we can get more than 2 FSI there?
Answered on November 08, 2017
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.
Regulations
#certificate#builder
Can we get Commencement certificate of a part building? My builder has only got it for 4 out of 10 floors.
Can we get Commencement certificate of a part building? My builder has only got it for 4 out of 10 floors.
Answered on November 08, 2017
Yes, It is Possible. But if Building is sanctioned for 10 Floors why would a Developer or Builder ask for lesser CC.
Answered on November 08, 2017
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 08, 2017
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.
Answered on November 08, 2017
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.
Answered on November 08, 2017
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
Answered on November 08, 2017
TDr Permissibility has been reduced and Increased based on Road width as per Recent Notification dated 16 nov 2016.
Answered on November 08, 2017
The Restrictions due to Govt Intervention has been reduced from 500mtrs to 10m as per Recent Notifications and Circulars.
Regulations
#society#mumbai#mentions
Our society is locate in Parle (w), Mumbai. Builder mentions that we need to take a railway NOC since we are close to train station. Is that a requirement?
Our society is locate in Parle (w), Mumbai. Builder mentions that we need to take a railway NOC since we are close to train station. Is that a requirement?
Answered on November 08, 2017
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.
Answered on November 08, 2017
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.
Regulations
#society#process#redevelopment#builder#provide
Our society is currently in the process of going for redevelopment. Does the builder need to provide entire 35% fungible FSI to us or they can use it for their sale?
Our society is currently in the process of going for redevelopment. Does the builder need to provide entire 35% fungible FSI to us or they can use it for their sale?
Answered on November 08, 2017
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
Answered on November 08, 2017
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.
Regulations
#flat#bedroom#permission#mcgm
I want to break a wall in my flat to make my bedroom bigger? Is there any permission I need to take from MCGM to do this?
I want to break a wall in my flat to make my bedroom bigger? Is there any permission I need to take from MCGM to do this?
Answered on November 08, 2017
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
Regulations
#city
How can we ascertain whether a prpoerty in mumbai city limits comes under Estate or not?
How can we ascertain whether a prpoerty in mumbai city limits comes under Estate or not?
Answered on November 08, 2017
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.
Regulations
#landowner#property#mumbai#fsi#residential
I am a landowner of a 1000 sq. meter property in suburban Mumbai. As per the current regulations, what FSI can be consumed for residential premises?
I am a landowner of a 1000 sq. meter property in suburban Mumbai. As per the current regulations, what FSI can be consumed for residential premises?
Answered on November 08, 2017
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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Regulations
#property#builder#land#agricultural#residential
We purchased a property from a builder, he sold it to is saying that the land is converted from agricultural land to residential land. We found out later that the layout is on gram panchayat limits after the purchase. We haven't gotten an individual property identification number and our land his neither been bifurcated, the builder is giving vague reasons. Will this be a problem for us?
We purchased a property from a builder, he sold it to is saying that the land is converted from agricultural land to residential land. We found out later that the layout is on gram panchayat limits after the purchase. We haven't gotten an individual property identification number and our land his neither been bifurcated, the builder is giving vague reasons. Will this be a problem for us?
Answered on November 08, 2017
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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Regulations
#builder#land#permission
I want to know if the builder has the approval on the building that has been built, he has all the other required apporvals. I tried asking him multiple times, but there was not straight forward answer. The land is built on non-agricultural land. Should I assume that he might have the permission as he has all the other persmissions?
I want to know if the builder has the approval on the building that has been built, he has all the other required apporvals. I tried asking him multiple times, but there was not straight forward answer. The land is built on non-agricultural land. Should I assume that he might have the permission as he has all the other persmissions?
Answered on November 08, 2017
DO not Assume, Please check online for the approval or apply under RTI for the approval copy to be sure
Regulations
#certificate#builder
How do I verify if the current structure of a building is as per the mentioned structure in the plan. As the plan allowed only one unit per floor, but the completion certificate was granted even when there were two units. I want to buy a builder floor in this building, what can I do?
How do I verify if the current structure of a building is as per the mentioned structure in the plan. As the plan allowed only one unit per floor, but the completion certificate was granted even when there were two units. I want to buy a builder floor in this building, what can I do?
Answered on November 08, 2017
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.
Regulations
#fsi#builder#residential#commercial#mumbai
What is the FSI available to a builder on any given plot for residential purposes or commercial purposes in Mumbai?
What is the FSI available to a builder on any given plot for residential purposes or commercial purposes in Mumbai?
Answered on November 08, 2017
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.
Regulations
#permitted#procedure
I want to join two flats and make it into one, will I be permitted to do so? If yes, then what procedure needs to be followed?
I want to join two flats and make it into one, will I be permitted to do so? If yes, then what procedure needs to be followed?
Answered on November 08, 2017
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.
Regulations
#buying#flat
While buying a flat in an old building, is it possible to procure the sanctioned plans? If so, how do I go about it.
While buying a flat in an old building, is it possible to procure the sanctioned plans? If so, how do I go about it.
Answered on November 08, 2017
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.
Regulations
#builder#construction#true
How long does it take to get full approval of a building before which a builder can start construction? Is it true that there are mutliple clearances from difference departments before one can start work?
How long does it take to get full approval of a building before which a builder can start construction? Is it true that there are mutliple clearances from difference departments before one can start work?
Answered on November 08, 2017
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
Regulations
#true#fsi#builder#mumbai
Is it true that the new DP 2034 will increase FSI available to a builder and will increase supply in Mumbai?
Is it true that the new DP 2034 will increase FSI available to a builder and will increase supply in Mumbai?
Answered on November 08, 2017
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 08, 2017
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.
Regulations
#true#cost
Is it true when builders say that BMC premiums have gone up very high and account for a very large cost while constructing in BMC limits?
Is it true when builders say that BMC premiums have gone up very high and account for a very large cost while constructing in BMC limits?
Answered on November 08, 2017
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.
Answered on November 08, 2017
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.
Regulations
#fsi#builder
What is 0.33 FSI mentioned in the papers? They say it is now 0.5 FSI. Does it mean it is over and above FSI available to builder?
What is 0.33 FSI mentioned in the papers? They say it is now 0.5 FSI. Does it mean it is over and above FSI available to builder?
Answered on November 08, 2017
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)
Answered on November 08, 2017
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.
Regulations
#permission#mcgm
What is a CFO permission and why is it necessary to get plans approved with MCGM?
What is a CFO permission and why is it necessary to get plans approved with MCGM?
Answered on November 08, 2017
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
Answered on November 08, 2017
CC means Commencement Certificate . In Maharashtra it is granted under MRTP Clause 44/69 or commencement of work.
Answered on November 08, 2017
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.
Answered on November 08, 2017
built up Area is the Total Covered Areas of a Building
Answered on November 08, 2017
CARPET AREA IS DEFINED DIFFERENTLY UNDER DIFFERENT NORMS FOR DIFFERENT PURPOSES
Answered on November 08, 2017
COASTAL REGULATION ZONE - REFER CRZ NOTIFICATION LAST MODIFIED ON 6/1/2011
Answered on November 08, 2017
Fungible FSI or Fungible Compensatory FSI is Permissible under DCR 1991 of Mumbai under Clause 35(4)
Answered on November 08, 2017
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... (View more)
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... (View more)
Answered on November 08, 2017
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
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