REAL ESTATE UPDATE
23rd August 2022
Issue No. 09/22-23
RESTUARANTS/CAFETERIA/FOOD COURTS ALLOWED TO OCCUPY BEYOND 2nd FLOOR IN HIGH RISE COMMERICAL BUILDINGS.
Since long time various restaurants, cafeterias and eatery holders have been requesting the Brihanmumbai Municipal Corporation (“BMC”) to allow them to occupy and set up their restaurants and cafes beyond permissible occupancy i.e., up till second floor in the multi storied/high rise commercial buildings. Considering such request, the Municipal Commissioner of BMC issued a Speaking order dated 10th August 2022 (“Speaking Order”), granting such permission. The Municipal Commissioner of BMC has now amended Entry No. 26 of Table C as mentioned under Regulation 34 (3.2) of the Development Control & Promotion Regulation 2034 (“DCPR”).
Regulation 34 (3.2) of the DCPR specifies conditions that are applicable to the respective user of the land in residential and commercial zones. It further states that, upon fulfillment of the conditions mentioned therein, the respective user shall be granted permission to duly occupy the premises located in residential, commercial and industrial zones. Entry no. 26 of Table C as mentioned under Regulation 34 (3.2) presently provides that, the restaurants, eating houses, cafeterias, ice-cream and milk parlors situated residential, commercial and industrial zones are permitted to occupy only ground/stilt/1st and 2nd floor, with a separate access, of respective residential or commercial building.
The said Speaking Order has now amended this Entry No 26 of Table C to an extent that, it permits the restaurants/cafeteria/food courts users to use and occupy premises beyond 2nd (second) floor in case of multistoried/high rise commercial buildings. Further the grant of such permission to occupy is subject to the availability of total two staircases in the respective residential or commercial building and compliance of stipulated fire safety requirements as insisted by Chief Fire Officer.
The said Speaking Order can be accessed here.
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