TDR ON PRIVATE & INTERNAL ROADS 

There’s good news for redevelopment projects located along internal private roads across the suburbs as the Urban Development Department (UDD) of State Government has finally clarified that Transfer of Development Rights (TDR) can be now be issued on both private and internal roads with a width of 9 meters after the BMC delayed issuing TDR for such projects. The hindrance came after the State Government announced a new TDR policy in 2016.  

As we are aware that due to new TDR policy, redevelopment projects located along internal private roads in private layouts across the suburbs were stalled because the BMC had stopped issuing/loading of TDR under new TDR policy for such projects as a result of which, an estimated 500 housing society redevelopment projects were affected for the last few weeks in certain western and eastern suburbs.

The TDR was being issued only for municipal roads, public roads, pre-merger layout roads and road alignments marked by the Brihanmumbai Municipal Corporation (BMC). Most housing societies that were contemplating redevelopment located in Chembur, Ghatkopar, Santacruz, Khar and Juhu, where TDR was not given to such redevelopment projects abutting internal roads and right of ways.

The impediment was the State's new TDR policy introduced last year which did not permit TDR to be loaded on redevelopment projects on internal roads not owned by the BMC. Hence, the BMC refused to allot additional construction permissions in the form of TDR to complete the said projects.

The move of State Government will benefit close to 500 housing societies up for redevelopment which were affected by the earlier decision of barring the issuance of TDR for internal private roads in private layouts. This has now clarified that any private or municipal roads and roads with a width of 9 mtrs can now avail TDR benefits.

TDR is generated and raised under Regulation 34 of the Development Control Rules (DCR). The rule states that a BMC road with a width of 9 mtrs and abutting any structure is issued a TDR. The Developer can use the TDR elsewhere in the city. It is further clarified by UDD that the rule is likely to be further relaxed to 6 mtrs to ease redevelopment of those buildings on BMC roads having width of less than 9 mtrs. A notification in this regard is awaited.

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