Refuge Area, Fire Safety and Open Space in High-Rise Redevelopment
Above 32 m, DCPR 2034 requires a refuge area at 24 m or the 1st habitable floor, then at every 7th habitable floor, each sized at 4% of the floor area it serves and free of FSI. Here are the exact numbers a Mumbai society can count on its own sanctioned plan.
A refuge area is a mandatory fire-safety space in a tall building — a protected floor or open terrace where residents can gather and wait safely for the fire brigade during an emergency. It is a shared safety area that belongs to every member of the building, so a builder cannot sell it, enclose it, or turn it into a private flat. The same rule protects mandatory open spaces, set-backs (the gap that must be left between the building and the edge of the plot), parking and the fire-engine approach path. In redevelopment these are not "spare" areas a developer can quietly convert into saleable flats — they are required by the building rules (in Greater Mumbai, DCPR 2034) and by fire-safety law, and they must appear correctly on the sanctioned plan (the plan officially approved by the planning authority) that your society signs off on.
The good news for a committee is that these are not vague standards. DCPR 2034 puts exact numbers on them, and every one of those numbers can be counted on your own drawing.
Source: DCPR 2034 (sanctioned), Regulation 2(75), Regulation 47(1) and Regulation 48(8).
What is a refuge area? The exact rule in DCPR 2034
DCPR 2034 defines a refuge area as "an area within the building for a temporary use during egress", which "generally serves as staging area which is protected from the effect of fire and smoke" (Regulation 2(100)). In short: a safe island inside a tall tower, where residents from the floors above can assemble, breathe clean air and wait for rescue.
Whether your new building needs one at all turns on a single figure. A "High Rise Building" means a building having height more than 32 m above the average surrounding ground level (Regulation 2(75)). Below that, no refuge floors; above it, the full schedule applies.
The refuge schedule you can count on the plan
| Situation | What DCPR 2034 requires | Clause |
|---|---|---|
| Building up to 32 m | Not a high rise. The terrace floor of the building shall be treated as the refuge area | Reg 48(8)(c) |
| Building more than 32 m — where the refuge areas go | The first refuge area shall be provided at 24 m, or at the 1st habitable floor, whichever is higher. Thereafter a refuge area at every 7th habitable floor | Reg 48(8)(a)(ii) |
| Building more than 32 m — how big each one is | The refuge area shall be 4% of the habitable floor area it serves, and will be free of FSI. With the permission of the Commissioner, due to planning constraints, it may be exceeded up to a maximum of 4.25%. If it exceeds 4.25%, the excess area shall be counted in FSI | Reg 48(8)(a)(ii) |
| Building up to 70 m — permitted alternative | Refuge areas may instead be RCC cantilever projections at the alternate mid-landing levels of the staircase, free of FSI. Each shall have a minimum width of 3.0 m and a minimum area of 10.0 sq m (residential) or 15 sq m (non-residential) | Reg 48(8)(b) |
| Building more than 70 m — additional | A fire escape chute shaft for every wing, adjacent to the staircase. Shaft walls of 4 hours' fire resistance; shaft not less than 2.5 m × 1.5 m; access at every floor through a self-closing door of at least one hour fire resistance | Reg 48(9)(A) |
Source: DCPR 2034 (sanctioned), Regulation 48 — Requirements of Exits, sub-regulations (8) Refuge area and (9) Fire Escape Chutes.
Worked example
Proposed tower height 60 m. That is more than 32 m, so it is a high rise and Regulation 48(8) applies.
First refuge area: at 24 m, or at the 1st habitable floor, whichever is higher.
Then a refuge area at every 7th habitable floor above it.
Say one refuge area serves 7 habitable floors of 800 sq m each → 5,600 sq m served.
Refuge area required = 4% of 5,600 = 224 sq m, free of FSI.
Absolute maximum with the Commissioner's permission = 4.25% of 5,600 = 238 sq m, still free of FSI.
If the plan shows only 180 sq m, the refuge is short of the required 224 sq m. If it shows 260 sq m, then 260 − 238 = 22 sq m is counted in FSI — building potential your society shares is being consumed by a "refuge" that is larger than the rule allows.
So the number cuts both ways. Too little refuge area is a safety failure and the Chief Fire Officer should not clear it. Too much is FSI quietly leaving the pot. Ask your architect for one line on paper: the habitable floor area each refuge serves, and the refuge area provided, as a percentage. It should read between 4% and 4.25%.
Three features every member should understand
- It is a common area. A refuge area is part of the building's shared safety infrastructure, like the lift lobby or the staircase. No single flat owner "owns" it, and it cannot be allotted or sold to anyone.
- It must stay open and reachable. A refuge floor is usually open to the air on at least one side and directly connected to the fire staircase, so smoke does not collect there. It cannot be walled up, air-conditioned into a hall, or merged into an adjoining flat.
- It is free of FSI — but only up to a limit. Regulation 31(1)(xix) lists "the refuge areas subject to DC Regulation No. 48(8)" among the areas exempted from FSI. That exemption runs to 4% of the habitable floor area the refuge serves, or up to 4.25% with the Commissioner's permission. Beyond 4.25%, the excess is counted in FSI. Cross-check the building potential with the FSI calculator so you can see what any excess is costing.
Nine things a refuge area must physically have
Appendix I to DCPR 2034 (issued under Regulation 47, "Additional Fire Protection Requirements for High Rise and special Building") sets out item 18, Location of Refuge Area. Each of these is checkable on the drawing, and again on site after handover:
- It shall be located so that it faces the access road, or otherwise faces the wider open space on the side of the building perpendicular to the main access road.
- All refuge areas shall be within the building line. The only exception is a cantilevered refuge area, which is permissible at the mid-landing of the staircase only.
- A cantilevered refuge area shall necessarily be of RCC, and RCC covering shall be provided above the topmost cantilever refuge area.
- It shall be provided with a railing or parapet of 1.20 m.
- It shall have a door painted or fixed with a sign in luminous paint mentioning "REFUGE AREA".
- Lifts shall not be permitted to open into the refuge areas.
- A refuge area within the building line shall be accessible from the common passage or staircase.
- Adequate emergency lighting and drinking water shall be provided. A toilet may be provided within the refuge area.
- It is earmarked exclusively for occupants as temporary shelter and for the Fire Brigade Department. It shall not be used for any other purpose, and it is the responsibility of the owner or occupier to keep it clean and free of encumbrances and encroachments at all times.
Point 9 is the one your society will actually have to live with. Once the building is handed over, the duty to keep the refuge floor clear falls on the occupiers — that is, on your society. Put it in the society's rules from day one, before anyone parks a scooter or stores building material there.
Source: DCPR 2034 (sanctioned), Appendix I (Regulation 47), item 18 — Location of Refuge Area.
Niches, flower beds and projections — the exact limits
A niche is a shallow recess or alcove set into a wall — the kind of built-in nook used for a small mandir, a showpiece, or storage. In Greater Mumbai the position is blunter than most members are told. Regulation 31(2) of DCPR 2034 lists what "shall be counted in FSI", and item (ix) of that list reads, in full: "Niches below window sill." A niche below the window sill is therefore not free area. It is counted in FSI, and it comes out of the same building potential the society is sharing with the developer.
Projections are capped by measurement, not by opinion. Regulation 42 (Features permitted in open spaces) gives the figures:
| Feature | Maximum permitted | Clause |
|---|---|---|
| Ornamental projection or flower bed, from the face of the building | 1.2 m — and none is permissible if it reduces the required open space to less than 2.5 m | Reg 42(e)(ii) |
| Ornamental projection or flower bed, over a balcony or gallery | 0.75 m from the balcony or gallery face | Reg 42(f)(ii) |
| Chajja, cornice, weather shade, sun-breaker at lintel level, from the face of the building | 1.2 m, subject to the same 2.5 m open-space floor. In a Regulation 33(7) cessed redevelopment where marginal distances are less, a chajja projection of up to 0.45 m may be allowed | Reg 42(e)(i) |
| Air-conditioner split-unit platform | 0.45 m wide, 2.0 m long, at not less than 0.60 m above floor level | Reg 42(e)(iii) |
| Watchman's booth | 3 sq m | Reg 42(g) |
Source: DCPR 2034 (sanctioned), Regulation 31(2) and Regulation 42.
Regulation 31(2)(xi) and (xii) then provide that ornamental projections — including voids and flower beds — projecting from the face of the building, and over a balcony or gallery, shall be counted in FSI other than as allowed under Regulation 31(1)(ii).
The concrete check. Take the plan, take a scale, and measure every niche, flower bed, duct and decorative pocket. Then ask your architect, in writing, for one thing: the clause number that exempts each of them from FSI, and the dimension relied on. If a "flower bed" measures 1.6 m out from the face of the building, it is past the 1.2 m in Regulation 42(e)(ii) and someone needs to explain it. The reason this matters is not aesthetics — oversized niches, pockets, flower beds and ducts are later knocked through and absorbed into the flat as ordinary carpet area, quietly adding saleable space. Have the figures checked in a feasibility report and compare the area you are actually promised using the additional area calculator.
Mandatory open spaces and set-backs
Every plot must keep a minimum amount of open space around and within the building. Two ideas matter here:
- Set-backs (marginal open spaces): the clear gap that must be left between the building's outer wall and the plot boundary on every side. This gap lets light and air in and — critically — lets a fire engine and its turntable ladder reach the upper floors.
- Recreation / amenity open space: a share of the plot kept as a garden or play area for residents. It is meant for the members, not for a developer to concrete over, sell, or count as a saleable podium.
The fire-engine open space: 9 m, or 6 m in a society redevelopment scheme
Regulation 47(1) puts an exact width on the ground-level space a fire engine needs. Which figure applies to you depends on the height of the new building and on whether it is being built under a redevelopment regulation — and the redevelopment figure is the lower one, which is worth knowing before you argue with your architect about it.
| Building | Clear open space required at ground level | Clause |
|---|---|---|
| Rehabilitation or composite building under Reg 33(5), 33(6), 33(7), 33(7)(A), 33(9), 33(9)(A), 33(9)(B), 33(10), 33(10)(A), 33(11), 33(15) or 33(20)(A) — height more than 32 m up to 70 m | 6 m, on at least one side other than the road side, accessible from the road side. Not insisted upon if the building abuts another road of 6 m or more | Reg 47(1)(A)(a) |
| The same redevelopment buildings — height more than 70 m | 9 m, on at least one side other than the road side, accessible from the road side | Reg 47(1)(A)(b) |
| All other proposals — height more than 32 m up to 70 m | 9 m, on at least one side, accessible from the road side. Not insisted upon if the building abuts another road of 6 m or more and 9 m clear at ground level is available including the abutting road, or the building abuts another road of 9 m | Reg 47(1)(B)(a) |
| All other proposals — height more than 70 m | 9 m, on at least two sides, accessible from the road side | Reg 47(1)(B)(b) |
Three further numbers travel with that open space, and podium designs are where they are usually lost:
- A podium shall not extend beyond 6 m from the building line. In the 9 m cases there must still be 9 m clear at ground level, or 6 m clear beyond the podium plus 9 m at ground level with a clear height of 4.5 m from ground to the underside of the podium beam, for accessibility of fire appliances. In the 6 m redevelopment case the podium likewise may not extend beyond 6 m from the building line, so that 6 m of clear open space remains at ground level beyond the podium.
- No ramps for the podium shall be provided in these side open spaces.
- Any courtyard, ramp or podium accessible to fire-fighting appliances shall be capable of taking a load of up to 10 kg/cm², and these open spaces shall be free from any obstruction and shall be motorable.
Source: DCPR 2034 (sanctioned), Regulation 47(1) — Fire Protection Requirements.
This is a measurable thing on a site plan. Find the side that is carrying the fire-engine space, scale it, and confirm it is a clear 9 m (or 6 m, if your scheme is under one of the redevelopment regulations listed above) with nothing built into it, no ramp, and no podium column. "Motorable and free from any obstruction" is the regulation's own wording, so a landscaped garden or a row of parked cars in that strip is not compliance.
These are not decorative extras. Our summary of the open space and recreation podium judgment explains the principle in plain language: mandatory open space belongs to the residents and to the building's safety, and cannot simply be re-labelled to squeeze out more saleable area. For how these rules fit together across a Mumbai project, see our guide to DCPR 2034.
The fire clearance: exactly who signs, and at exactly which two stages
This is the most useful procedural fact on this page, because the regulation names both the officer and the moments at which he must sign. The authority is the Chief Fire Officer of MCGM, and his clearance is required twice — once before a brick is laid, and once before anyone can move in.
| Stage | What DCPR 2034 says | Clause |
|---|---|---|
| Before development permission | "The plans for all high rise and special buildings shall also be subject to the scrutiny of the Chief Fire Officer, and development permission shall be given by the Commissioner only after clearance by the Chief Fire Officer." | Reg 10(5)(ii) |
| Before occupation | For all high-rise and special buildings the work "shall also be subject to inspection by the Chief Fire Officer, and the Commissioner shall issue the occupancy certificate / accept building completion certificate only after clearance by the said Chief Fire Officer." | Reg 12(2) |
Source: DCPR 2034 (sanctioned), Regulation 10(5)(ii) and Regulation 12(2).
What to ask for, in writing. Do not ask the developer for "the fire NOC" as a single document. Ask for two, by name and by stage:
- The Chief Fire Officer's clearance on the plans, obtained before the development permission — quote Regulation 10(5)(ii) in your letter, and ask for the IOD / Commencement Certificate number that it is referenced against.
- The Chief Fire Officer's clearance following inspection, obtained before the Occupancy Certificate — quote Regulation 12(2), and ask for the OC number.
If either is missing, the corresponding permission cannot lawfully have been granted. Both clearances sit on the MCGM file for your plot, so a straight refusal to produce them tells you something on its own. There is also a deadline worth noting on the other side: under Regulation 10(5)(iii), if the Commissioner does not intimate his refusal, sanction, or sanction with modifications within sixty days of receiving the notice under Regulation 10(1), the plans are deemed to have been sanctioned — though the regulation expressly adds that this does not authorise anything done in contravention of the lease, title, Development Plan or any law in force.
Before the plan clearance is granted, the authorities check that:
- refuge areas are provided at the required levels — first at 24 m or the 1st habitable floor, then every 7th habitable floor — and kept open;
- the ground-level open space is wide enough for a fire engine and turntable ladder to operate: 9 m, or 6 m for a redevelopment building of 32–70 m;
- there are protected staircases, fire lifts, sprinklers, wet risers, hydrants, smoke detectors and alarms as the rules demand;
- the internal roads and gates are wide and strong enough for a fire tender.
These fire-safety features are part of the standard package your building is entitled to. Our guide to standard amenities in redevelopment lists what a modern, code-compliant tower should include, so nothing quietly gets dropped to save cost.
The safety and open-space features at a glance
| Feature | The number to check | Why it must be protected |
|---|---|---|
| High rise threshold | More than 32 m above average surrounding ground level — Reg 2(75) | Decides whether the whole refuge and fire-access regime applies at all |
| Refuge area — placement | First at 24 m or the 1st habitable floor, whichever is higher; then every 7th habitable floor — Reg 48(8)(a)(ii) | Lets upper-floor residents wait for rescue; cannot be sold or enclosed |
| Refuge area — size | 4% of the habitable floor area served, free of FSI; 4.25% maximum with the Commissioner's permission; excess counted in FSI — Reg 48(8)(a)(ii) | Too little is unsafe; too much silently consumes the society's building potential |
| Cantilever refuge (buildings up to 70 m) | Minimum width 3.0 m; minimum area 10.0 sq m residential / 15 sq m non-residential — Reg 48(8)(b) | The permitted alternative; below these sizes it is not a refuge area |
| Refuge parapet | 1.20 m railing or parapet — Appendix I, item 18(i)(d) | Fall protection on an open, crowded floor during an emergency |
| Fire-engine open space | 9 m clear at ground level; 6 m for a redevelopment building of 32–70 m under Reg 33 schemes — Reg 47(1) | Light, air and physical fire-engine access; must be motorable and unobstructed |
| Podium | Not beyond 6 m from the building line; 4.5 m clear height ground to podium soffit; load 10 kg/cm²; no ramps in the side open spaces — Reg 47(1) | A podium is the usual way the fire-engine space quietly disappears |
| Niche below window sill | Counted in FSI — Reg 31(2)(ix) | Not free area; it comes out of the potential the society shares |
| Ornamental projection / flower bed | 1.2 m from the building face, 0.75 m over a balcony; never reducing required open space below 2.5 m — Reg 42(e)(ii), 42(f)(ii) | Oversized "projections" are later absorbed into flats as saleable carpet |
| Fire escape chute (buildings over 70 m) | One shaft per wing; walls 4 hours' fire resistance; shaft not less than 2.5 m × 1.5 m — Reg 48(9)(A) | Mandatory evacuation route in the tallest towers |
| Chief Fire Officer clearance | Required twice — before development permission (Reg 10(5)(ii)) and before the Occupancy Certificate (Reg 12(2)) | Without it, neither permission can lawfully have been granted |
Why members must read the sanctioned plan carefully
Refuge areas, open spaces and set-backs share one danger in common: because they do not "belong" to any single flat, a dishonest developer may treat them as free space to convert into extra flats to sell. That is exactly why every member should insist on seeing the sanctioned plan and confirm that:
- the first refuge floor is at 24 m or the 1st habitable floor, whichever is higher, and there is another at every 7th habitable floor above it — and each is shown as open refuge, not as flats or halls;
- each refuge area is 4% to 4.25% of the habitable floor area it serves, with the served area and the percentage written on the drawing;
- the fire-engine open space at ground level is a clear 9 m — or 6 m if your building is 32–70 m under a Regulation 33 redevelopment scheme — and any podium stops within 6 m of the building line;
- the recreation open space and parking are shown as common areas, not as saleable units;
- no ornamental projection or flower bed exceeds 1.2 m from the building face (0.75 m over a balcony), and none reduces a required open space below 2.5 m.
Remember that the developer cannot change the sanctioned plan or specifications at will. Under RERA, 2016, Section 14, sanctioned plans and specifications cannot be altered without the written consent of at least two-thirds of the allottees (the flat purchasers and members). So if a builder later wants to shift or shrink a refuge area or an open space, that needs your collective consent — it is not their decision alone.
A simple protection checklist for your committee
- Demand the approved drawings and both fire clearances. Ask for the full sanctioned plan set, the Chief Fire Officer's clearance on the plans under Regulation 10(5)(ii), and — at handover — his clearance under Regulation 12(2), before signing the development agreement, not after.
- Get the refuge percentage in writing. One line from the architect: the habitable floor area each refuge serves, the refuge area provided, and the percentage. It must fall between 4% and 4.25%.
- Get an independent review. Have an architect or our team read the plan against the rules in a feasibility report, so refuge, open space and set-backs are verified by someone on your side.
- Lock the amenities into the agreement. List every fire-safety and common-area item in the development agreement and in the individual flat agreements.
- Cross-check the area maths. Confirm the building potential and your entitlement with the FSI calculator, and watch for area quietly created out of "niches" or enclosed open space.
- Know the warning signs. If a builder resists showing plans or pressures you to approve changes fast, read our frauds and scams section before you commit.
Getting these safety and open-space details right at the planning stage costs nothing and protects your family for the life of the building. If your society is only beginning its journey, register your society with us for step-by-step guidance.
Related guides & tools
Common questions
What exactly is a refuge area in a high-rise?
DCPR 2034 defines it as an area within the building for temporary use during egress, serving as a staging area protected from fire and smoke (Regulation 2(100)). The rules bite once a building is more than 32 m high — that is the definition of a "high rise" in Regulation 2(75). In such a building the first refuge area must be at 24 m or at the 1st habitable floor, whichever is higher, and thereafter at every 7th habitable floor (Regulation 48(8)(a)(ii)). It is a shared safety area for the whole building, not part of anyone's flat.
How much refuge area must our building have?
Each refuge area must be 4% of the habitable floor area it serves, and that area is free of FSI. The Commissioner may permit up to 4.25% where there are planning constraints, and anything above 4.25% is counted in FSI (DCPR 2034, Regulation 48(8)(a)(ii)). So if one refuge serves seven habitable floors of 800 sq m each — 5,600 sq m — the refuge must be 224 sq m, with an absolute ceiling of 238 sq m. Ask your architect to write the served area, the refuge area and the percentage on the drawing. For buildings up to 70 m there is an alternative: RCC cantilever refuge areas at alternate staircase mid-landings, each with a minimum width of 3.0 m and a minimum area of 10.0 sq m for residential or 15 sq m for non-residential buildings (Regulation 48(8)(b)).
Can a builder sell or enclose the refuge area?
No. A refuge area is a common safety area and cannot be sold, allotted, walled up, or merged into a flat. Doing so is illegal and dangerous. Selling common safety space, or taking money for it, can even amount to cheating or criminal breach of trust under the Bharatiya Nyaya Sanhita, 2023 (Sections 318 and 316).
What is a niche area and why does it matter in redevelopment?
A niche is a small recess or alcove built into a wall. In Greater Mumbai the position is clear: Regulation 31(2) of DCPR 2034 lists what shall be counted in FSI, and item (ix) is "Niches below window sill". So a niche below the window sill is not free area — it is counted in FSI and comes out of the building potential the society shares. Projections are capped by measurement too: an ornamental projection or flower bed may not project more than 1.2 m from the face of the building, or more than 0.75 m over a balcony, and none is permissible if it reduces a required open space below 2.5 m (Regulation 42(e)(ii) and 42(f)(ii)). Measure them on the plan and ask your architect, in writing, for the clause that exempts each one.
What are set-backs and mandatory open spaces?
Set-backs, or marginal open spaces, are the clear gaps that must be left between the building and the plot boundary on every side. DCPR 2034 puts a figure on the one that matters most for fire safety. Under Regulation 47(1)(B), a building of more than 32 m up to 70 m must have a clear open space of 9 m at ground level on at least one side accessible from the road side, and a building of more than 70 m must have it on at least two sides. For a rehabilitation or composite building under the Regulation 33 redevelopment schemes, the 32–70 m figure is 6 m instead of 9 m (Regulation 47(1)(A)(a)). A podium may not extend beyond 6 m from the building line, no ramps are allowed in these side open spaces, and the space must be motorable and free from any obstruction.
Why is the fire-brigade NOC important for our society, and who issues it?
The officer named in DCPR 2034 is the Chief Fire Officer of MCGM, and his clearance is required at two separate stages. Under Regulation 10(5)(ii), the plans for all high rise and special buildings are subject to his scrutiny and development permission shall be given by the Commissioner only after his clearance. Under Regulation 12(2), the work is subject to his inspection and the Commissioner shall issue the occupancy certificate or accept the building completion certificate only after his clearance. Ask the developer for both documents separately, quoting those two clause numbers, along with the IOD or Commencement Certificate number and the OC number they are referenced against. If either clearance is missing, the corresponding permission cannot lawfully have been granted.
Can the developer change the refuge area or open space after we approve the plan?
Not on their own. Under RERA, 2016, Section 14, sanctioned plans and specifications cannot be altered without the written consent of at least two-thirds of the allottees. So any move to shift or shrink a refuge area or open space needs your collective consent — it is not the builder's decision alone.
How can our committee check these safety features are correct?
Ask for the complete sanctioned plan set and both Chief Fire Officer clearances before signing the development agreement, and have them reviewed independently, for example through a feasibility report. Then check five numbers on the drawing yourself: the first refuge at 24 m or the 1st habitable floor, whichever is higher; a refuge at every 7th habitable floor above it; each refuge sized between 4% and 4.25% of the habitable floor area it serves; a clear 9 m of ground-level fire-engine open space, or 6 m for a 32–70 m building under a Regulation 33 redevelopment scheme; and a 1.20 m parapet on every refuge area. Cross-check the building potential using the FSI calculator so no hidden area is created at the cost of safety space.
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