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Q.

What are the Transfer of Development Rights Pros and Cons?

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Property owners can sell unused development rights (such as floor area or density) from one place to another using the Transfer of Development Rights (TDR) planning tool. This tool is increasingly used by urban planners and developers to maintain balanced growth. There are several transfer of development rights pros and cons, which I have shared with you below.

Pros of TDR

  • Owners in restricted “sending zones” can monetize unused development potential without physically developing their land, thus getting financial returns while preserving open or sensitive land.

  • Developers in “receiving areas” can build more floors, higher density, capitalizing on demand while reducing sprawl. It helps concentrate infrastructure and services in fewer areas, making urban planning more efficient.

  • TDR helps protect heritage sites, green belts, wetlands, etc., by avoiding or limiting construction in those areas.

  • The rights certificates (e.g. DRCs) can be bought, sold, or used across projects. For developers and landowners, this gives flexibility and potentially profitable investment opportunities.

Cons of TDR

  • Defining sending and receiving zones, issuing certificates, monitoring usage, valuing rights, and legal oversight require strong regulations and capable administration. Without that, TDRs can be misused.

  • The valuation of TDRs may be opaque. If not regulated, prices may be inflated (or undervalued) depending on demand/supply, circle rates, etc. Developers often pass TDR costs to buyers.

  • Concentrating development in receiving areas may overload transport, utilities, or public services if infrastructure isn’t upgraded in tandem.

  • Not all landowners are equally positioned to benefit. Those in sending zones may get certificates, but receiving areas may benefit more. Also, buyers pay for TDR costs. Low-income housing may be less served if costs rise.

  • If there is little demand in receiving areas (e.g., due to location/permitting issues), the rights may remain unused or undervalued.

Overall, in India, TDR offers a promising tool for sustainable urban growth, compensation to landowners, and preservation, but success depends heavily on a clear legal framework.

Contact NoBroker Legal Expert for Resolving Your Property Related Query Immediately.

 

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