The order, passed by MahaRERA Member-II Ravindra Deshpande on 9 September 2026, came in a complaint filed by Westin Joanita CHS Ltd, the society formed by flat purchasers in the building. It directed the promoter to obtain the building completion certificate, occupation certificate, and fire NOC, hand over amenities and parking, execute conveyance in the society’s favour, and formally update the promoter’s name on the MahaRERA record.

The MLA defence

The present management, which took charge of the project company around April-May 2019, told MahaRERA it inherited a “tumultuous” situation from the earlier board and has been trying to complete the project since. On why the OC remained pending years after construction finished and possession was handed over, its central plea was an “internal dispute between erstwhile Developers and a MLA” that it said had caused “a great deal of hassle in acquiring all the compliances.” It argued the society already knew about this, and pointed to a December 2025 Maharashtra Real Estate Appellate Tribunal order, from a separate individual allottee’s case, which had recorded the same claim.

MahaRERA did not buy it as an excuse. The Authority did not name the legislator, did not investigate whether such a dispute actually existed, and did not treat it as a reason to withhold relief from the society. Delay blamed on a political dispute, without any finding that it amounted to force majeure or suspended the promoter’s statutory duties, did not wipe out the obligations under Sections 11, 15, and 17 of the RERA Act. The Authority simply directed the promoter to secure the OC through the competent municipal department, on top of everything else it was already required to do.

Why the OC has been stuck

The society’s own account of why the OC never came adds a different layer. It alleged the building has stood physically complete for years, with the certificate blocked because three commercial units, named in the pleadings as Royal Electric & Hardware Store, SRK’s SPA & Saloon, and Anamikaa Beauty Parlour, were built and sold in place of two sanctioned professional offices, a deviation from the BMC-approved plans. MahaRERA’s order does not rule on this allegation either way; it remains open for the municipal authority or a later proceeding to examine.

The promoter-name problem underneath it

Layered onto the OC dispute is a separate Section 15 fight over who the “promoter” even is on paper. The project was registered in 2017 under Westin Developers Pvt Ltd. New directors took over in 2019 without, the society says, any purchaser consent or MahaRERA approval, and in August 2021 the company renamed itself Westin Habitats Pvt Ltd while keeping the same Corporate Identification Number. The current management’s defence was that a name change and a change in directors are not a transfer of promoter rights under Section 15, since the registered entity and CIN never changed.

MahaRERA rejected that as a complete answer too. The Authority noted that the name still on file with the regulator is the old one, Westin Developers Pvt Ltd, even though the company itself has moved on to Westin Habitats Pvt Ltd, and held that the promoter was still required to run the formal change-of-promoter process to update the record. That had not been done, years after the name change.

What was ordered, and what was not

The complaint was allowed in part. Respondents must obtain the completion certificate, occupation certificate, and fire NOC; execute conveyance in the society’s favour; hand over amenities and parking; and update the promoter’s name on the MahaRERA record. Each side bears its own costs.

The order stops short of a penalty under Section 61, sets no fixed deadline, and does not rule on the alleged shop-versus-office deviation. For Joanita Villa’s roughly 97-per-cent-paid-up buyers, the practical question now is whether the promoter moves on the OC and the name correction, or whether the society has to return to MahaRERA to enforce what it has already won on paper.

Also Read: MahaRERA Orders Real Estate Agent to Pay 1% Refund to Homebuyer

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The circular, issued by the Chief Engineer (Development Plan) vide No. ChE/DP/10927/GEN dated 30 July 2026, communicates the approval granted by the Municipal Commissioner under No. MCP/2290 dated 28 July 2026. The guidelines operationalise modifications sanctioned by the Urban Development Department, Government of Maharashtra, through Notification No. TPB-4326/03/C.R.53/2026/UD-11 dated 6 May 2026, which amended Regulation 31(1)(xvii) and Regulation 37(28), and introduced an entirely new Regulation 37(28A) under DCPR-2034.

What has changed

Until now, buildings could set aside space for fitness and yoga amenities free of FSI only up to 2% of the total Built-Up Area. The amended regulations widen both the scope and the quantum of this benefit. Meditation Centres and Recreational Activities have now been formally brought into the same free-of-FSI bracket as Yogalaya and Fitness Centres, and the admissible area itself has been doubled, from 2% to 4% of the total proposed Built-Up Area, computed as per the prevailing policy circular dated 2019-20.

For residents of cooperative housing societies, apartment complexes and condominiums, this effectively means buildings can now offer twice the amenity space, or a combined mix of gym, yoga, meditation and recreational zones, without consuming any of the plot’s chargeable FSI, keeping construction costs and unit pricing more favourable while enhancing lifestyle amenities.

Who can avail the benefit

The BMC guidelines clarify that the provisions of Regulations 37(28) and 37(28A) apply to Cooperative Housing Societies, Apartment Owners Associations, Condominiums, Commercial Cooperative Societies, Commercial Condominiums and Commercial Premises Owners Associations, as well as residential quarters of BMC, State, Central Government bodies and PSUs. Individual residential holdings and standalone bungalows have been explicitly excluded from this benefit.

Residential versus commercial treatment

In residential buildings, the cumulative built-up area for Yogalaya, Fitness Centre, Meditation Centre and Recreational Activities is permitted free of FSI up to 4% of the total proposed Built-Up Area; any area beyond this cap will be counted towards chargeable FSI.

In office and commercial buildings, such amenities can be permitted exclusively for members or owners of the concerned Commercial Cooperative Society, Commercial Condominium or Commercial Premises Owners Association. Here, the free-of-FSI benefit up to 4% of total proposed Built-Up Area comes with a cost: developers must pay a premium equivalent to 100% of the land rate applicable for FSI 1 as per the Annual Statement of Rates. This commercial fitness area must be located within the commercial wing, preferably on upper floors with common access, and clearly earmarked for commercial users of the building.

Rules for existing and upcoming projects

For existing buildings already holding an Occupation Certificate or Building Completion Certificate, proposals for these amenities must be submitted by the registered Cooperative Housing Society, Apartment Owners Association or Condominium itself. For projects still under construction or proposed, the Owner or Developer may apply, but only along with a registered undertaking confirming that the amenity premises will be formally handed over to the society, association or condominium once the development is complete.

Usage and ownership safeguards

The guidelines are firm on how these spaces can be used. The premises must be utilised exclusively for Yogalaya, Fitness Centre, Meditation Centre and Recreational Activities, including ancillary toilet facilities, and strictly for the intended use of residents only. A covered swimming pool has been permitted as part of the Fitness Centre, provided its area is counted within the overall 4% cap.

Crucially, these premises cannot be diverted for any commercial activity or any purpose other than what is specified in the regulations. Ownership of the amenity space, in both residential and commercial buildings, must vest with the concerned Society, Association or Condominium, and the guidelines explicitly bar sub-leasing, renting out, or third-party commercial use of these spaces, closing a loophole that in the past allowed some “recreation” areas to be quietly commercialised.

Distribution and size norms

The BMC has also laid down how this area can be spread across a project. For a standalone building, the amenity area may be split across a maximum of three locations. For buildings with multiple wings, or for layouts with multiple buildings, the area may be distributed across a maximum of two locations per wing. However, at least one such location must have a contiguous area of not less than 30 square metres, and must conform to the minimum width and height norms prescribed for habitable rooms under Regulation 37(2) and 37(3) of DCPR-2034. Any height exceeding 4.2 metres will be treated as consuming an additional 50% FSI of that floor area. For commercial users in mixed-use developments where the 4% cap works out to less than 30 square metres, the project proponent must still provide the full 30 square metre area.

Layouts with a Club House

Where a layout already has, or proposes, a Club House within the Recreational Ground permissible under Regulation 27, the guidelines cap the combined free-of-FSI built-up area of the Club House and the Yogalaya/Fitness/Meditation/Recreational spaces together at 4% of the total proposed Built-Up Area. Any area beyond this combined 4% limit will be counted in FSI.

For mixed layouts comprising both residential and commercial buildings, the 4% free-of-FSI entitlement is computed only on the residential component of the layout, and may be distributed among one or more residential buildings within that layout. This benefit is not available against the built-up area of commercial buildings in such layouts; any commercial fitness facility must separately comply with Regulation 37(28A) and its own conditions.

Relaxation provision

In cases of demonstrable hardship, and for reasons recorded in writing, the Municipal Commissioner has been given the power to relax the minimum dimension norms, drawing on powers vested under Regulation 6(b) of DCPR-2034.

The circular directs all Zonal Deputy Chief Engineers (Building Proposal), including City, Western Suburbs I and II, Eastern Suburbs and the Special Cell, to circulate the policy among officers and staff and ensure strict compliance while scrutinising and processing development proposals going forward.

Also Read: Housing Societies Get Double the Free Space for Gyms & Wellness Centres

The post BMC Doubles FSI-Free Area to 4% for Gyms, Yoga Centres: Bigger Perk for Residents appeared first on Square Feat India.

What does a homebuyer seek today when it comes to home preference is it investment, luxury living, hospitality services, amenities and facilities, good developer, comfortable budget, sustainable location, or a good neighbourhood and community? If you go by the present scenario, one will tick all boxes to own a place called Home. Today, homeownership is driving the market resulting in increased demand for developments that provide amenities for holistic and sustainable living, accessibility, with more open and green areas being the need of the hour. Buyers are eyeing projects that too by reputed developers that offer multiple features catering to consumer preferences across age groups and interests. On the other hand, the Covid-19 pandemic has also compelled developers to re-evaluate how they use their space not only within the home but also outside the home.

Residential projects at a strategic location that offer all the necessary amenities have become a basic need of everyone living in the metropolises. On the other hand, buyers are choosing projects which offer expansive living areas, strategically located and which offers ready social infrastructure be it shopping, entertainment hubs, educational institutions, medical and healthcare facilities, and improved connectivity to internal roads, highways, upcoming metronetwork, and freeways for a quick getaway. Such living paradise, with innumerable benefits, are offered by only integrated townships and that too in newer micro-markets in central Mumbai and has an abundance of open and green space with water bodies around. 

However, the one trend that has emerged during ongoing lockdowns is the growing demand for customers to have amenities in their projects. Lockdowns have constantly restricted the movement of people outside their homes and hence having basic amenities in their vicinity is something that they look forward to when buying a home. This shift of necessity has given rise to growing residential real estate demand driven by amenities. 

Townships provide an abundance of recreational infrastructures like kids’ parks, jogging trails, gardens, and podiums. These new-age projects are equipped with every kind of facility; residents can find shops, temples, schools, medical centers, etc. Today, developers are offering township developments which offer a good mix of recreational and commercial, from residential to retail outlets targeting the needs of the home seekers. Secondly, what attracts the millennials, first time home buyers, nuclear families to own a home in integrated townships is the focus on infrastructure at large. So, it is more that you are living close to your child’s school, community centre, shops and more and avoid car trips, so this means sustainable living and more time to be spent with the ones you love. Also, improved living lifestyle for family in a sustainable development away from hustle bustle of the city life, away from air and noise pollution.

The lush and plush design of the townships is a combination of commercial complexes, green areas, and luxurious residential property are basic ticks of an integrated township. Along with these features, there are many other benefits of living in these projects. These being  • Advanced social and civic infrastructure for better-quality living• Work-life balance with walk to work set-ups offering proximity to offices hubs surrounding the townships at important micro-markets especially central Mumbai• Townships provide a better scope when it comes to return-on-investments• Townships offer improved security and safety due to 24×7 surveillance systems like cameras installed at all the junctions along with security guards for maximum safety.• Townships are self-sustained that enhances the community spirit by way of living together

These integrated townships, located in newer and upcoming micro-markets like Andheri East, Chembur, Chandivali, Bhandup, Goregaon, Malad, Dahisar, Mulund are gaining more popularity since these locations have an expanse of open and green spaces. Also, developments on offer here are at affordable price points with higher appreciation potential with added infrastructure and improving connectivity around the townships. An improved lifestyle, better connectivity, and proximity to all prime locations make these micro-markets the most sought-after living destinations of Mumbai.  

The emergence of affordable and convenient housing is another positive trend that is very much prevalent in the industry today. The apartments priced comfortably offer buyers a decent living area ranging from 350 – 400 sq ft for 1 BHK to 525 -600 sq ft for a 2 BHK priced between approx. Rs 1.25 crore to 1.65 crores respectively. All the new launches in 2021 have given impetus to budget housing with an increased inventory of smaller 1, 2 BHK in these upcoming micro-markets and attracting the working class. So, what makes these homes available in upcoming micro-markets? It’s the increased affordability for a decent space for a family, a prime locale, and packed with multiple amenities and facilities. 

Today, more and more amenities-driven projects at comfortable price points are mushrooming in these upcoming micro-markets that provide them a lifetime opportunity to live a lifestyle, that too in a buzzing micro-market within their price bracket.     

With precisely spacious homes, high-grade infrastructure, and shared facilities make the investment cost-effective. All these features of amenities-driven projects have raised the housing demand in Mumbai and, budget homes have proved to be a successful chapter of the real estate story in the pandemic era.

Manju Yagnik, is Vice Chairperson, Nahar Group and Senior Vice President, NAREDCO, Maharashtra.

Note: the views and opinion expressed in this article solely belongs to the author.

Also Read: Model Tenancy Act The RERA Of Rental Market

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