Most people link pagdi buildings with South Mumbai. But the suburbs have many too: old chawls and tenanted buildings in Bandra, Khar, Santacruz, Vile Parle, Andheri, Jogeshwari, Goregaon, Malad and Borivali, many built before or soon after Independence. Because they are outside the Island City, they are not cessed. MHADA’s Repairs Board does not look after them, and the well-known 33(7) scheme does not apply. So which rules do?
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The scheme that applies: DCPR 33(7)(A)
Regulation 33(7)(A) of DCPR 2034 covers redevelopment of dilapidated or unsafe, authorised, tenant-occupied buildings in the suburbs (and authorised non-cessed tenanted buildings in the city). Its main features:
- FSI: the area needed to rehouse all lawful tenants, plus an incentive of 50% of that rehab area.
- Tenants: eligible occupiers are rehoused in the new building free of cost, with their existing carpet area plus a small additional percentage.
- Cut-off date: tenancies created after 13 June 1996 are generally not counted.
- Mixed plots: where the plot also has non-tenanted buildings, their authorised FSI is added.
- Condition of building: the building usually needs to be certified dilapidated or unsafe, typically through a structural audit or BMC notice.
How it differs from the Island City
| Island City cessed (33(7)) | Suburban tenanted (33(7)(A)) | |
|---|---|---|
| Repairs authority | MHADA Repairs Board | Landlord and BMC |
| Tenant list certified by | Repairs Board | BMC and documents |
| MHADA NOC | Required | Generally not |
| Incentive | 50% to 70% depending on plots combined | 50% |
| Section 79A of MHADA Act | Applies | Does not apply |
Common problems in suburban pagdi buildings
- Unclear tenancy records. Without a Repairs Board list, proving who is an eligible tenant depends on rent receipts, BMC records and old documents.
- Unauthorised additions. Many suburban chawls have extra rooms or floors added over the years. Only authorised areas usually count.
- Land and title. The landowner may be different from the building owner, or the land may be in a gaothan or on leasehold.
- Better alternatives may exist. Depending on the plot, other schemes may give more area. The architect should compare options.
What landlords and tenants should do
- Landlord: collect title documents, the property card, approved plans or proof the building is authorised, and a list of tenants with rent records.
- Tenants: keep your rent receipts, old bills and any tenancy papers safe, and settle the name if the original tenant has died.
- Both: get a structural audit and a feasibility report that compares 33(7)(A) with any other applicable scheme before talking to developers.
Own or live in an old tenanted building in the suburbs? Mungekar Realty works with landlords and pagdi tenants across Mumbai to find the best redevelopment route for their building. Call 98207 44734 or visit mungekarrealty.com.
Related reading for landlords and tenants: Sell or redevelop an old tenanted building? · The landlord–developer agreement: clauses to insist on · Getting pagdi tenants to agree to redevelopment
This article is general information about DCPR 2034 Regulation 33(7)(A). Rules are subject to the current regulation text and amendments; consult an architect and advocate for your building.