The short answer: build small, and the plot is allowed its maximum building potential. Regulation 7.7 is an incentive with four conditions, and two of them are about who ends up owning the flats.

Key takeaways

  • The trigger is constructing EWS or LIG housing as tenements of up to 50 sq m carpet area on the owner's plot.
  • The reward is FSI of the maximum building potential in column 6 or 9 of Table 6-A or Table 6-G.
  • Premium on FSI above the basic figure is 15 percent of the ASR land rate, without considering the guidelines in it.
  • At least 40 percent of the tenements must be of carpet area not more than 30 sq m.
  • Only one tenement per family, and no adjoining tenement to a close relative, on affidavit from both developer and purchaser.
  • Marginal distances other than the front, parking and other requirements follow the Slum Redevelopment Regulations where those exist.
  • The owner may take TDR above basic FSI instead of paying the premium.

The bargain

Chapter 7, Regulation 7.7, UDCPR as updated 30 January 2025* applies in the Residential Zone. If the owner constructs housing for EWS or LIG in the form of tenements of size up to 50 sq m carpet area on his plot, he is allowed the FSI of the maximum building potential mentioned in column 6 or 9 of Table No.6-A, or column 6 or 9 of Table No.6-G, of Regulation 6.1 or 6.3.

ConditionWhat Regulation 7.7.1 requires
Premium above basic FSI15 percent of the land rate in the Annual Statement of Rates, without considering the guidelines therein
Tenement mixAt least 40 percent of the total tenements shall be of carpet area not more than 30 sq m
One per familyOnly one tenement should be sold to a family, and an adjoining tenement should not be sold to a close relative of that owner. An affidavit is taken from the land owner or developer and from the purchaser
Form and parkingMarginal distances other than the front margin, parking and other requirements follow the Slum Redevelopment Regulations, wherever such regulations exist
Alternative to premiumThe owner may avail TDR over and above basic FSI instead of paying the premium

What changes the answer

Warning

The 40 percent condition is the one that shapes the product rather than the paperwork.

The headline threshold is 50 sq m, but at least 40 percent of the tenements must be 30 sq m of carpet or less. So a scheme cannot take the incentive and build entirely at the top of the band; a substantial part of it has to be genuinely small.

Read that alongside two things covered elsewhere in this series. Table 8-B requires no car parking at all for a tenement below 30 sq m of carpet, and Regulation 9.2.1 sets no minimum size for a habitable room. The 30 sq m line is doing work in several chapters at once.

The one-tenement-per-family condition, with the bar on selling an adjoining unit to a close relative, is unusual in a development control regulation, which normally governs buildings rather than buyers. It exists because the incentive is granted on the character of the housing produced, and combining units would defeat it. The affidavit requirement puts the obligation on both sides of the sale.

How it differs from inclusive housing

This is a voluntary incentive. Regulation 3.8's inclusive housing is an obligation: in Municipal Corporations of 10 lakh population or more, a residential layout or group housing scheme of 4,000 sq m or more must provide 20 percent for EWS and LIG, and the built up area of those tenements is not counted in FSI at all.

The two work on opposite principles. Under 3.8 the developer gives up land and construction and keeps the FSI. Under 7.7 the developer builds small units by choice and is rewarded with more FSI, paid for at 15 percent of ASR or taken as TDR.

Where the filings come in

MahaRERA does not publish carpet areas: the field exists in the data and is zero on every record, so the 50 sq m and 30 sq m tests cannot be checked from a filing.

What the register does carry is the filed land area, the total and sold unit counts, the buildings and their floors, the promoter's extension history with the reasons given, and any complaints or litigation with case numbers, free at reragenie.com.

ReraGenie's project analysis, Rs 2,999 for one project, reads the full filing and the documents behind it.

Source: Unified Development Control and Promotion Regulations for Maharashtra, UDCPR as updated 30 January 2025. Sanctioned under the Maharashtra Regional and Town Planning Act, 1966.

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