REDEVELOPMENT OF HOUSING
SOCIETY THAT YOU WANT TO KNOW
What are the reasons that every housing
society looks forward for redevelopment of their property? The most crucial
phase the Mumbai presently suffers is growing
population with continuous invasion of migratory population from other places
which has made the Mumbai becoming over
crowded creating acute shortage of space. The demand for residential and
commercial units is ever increasing resulting in demand of accommodation more
than supply.
The redevelopment of any property offers better
facilities, privileges and amenities provided by developers with facility to live in same location preferred by people. Since the buildings are 30/40 years old, the Societies are unable to
bear heavy cost of repairs. The cost of new flats in Mumbai is very high. Hence
people would buy additional space in the existing place which is being
redeveloped. The property prices of flats go up after redevelopment. The builders
offer good corpus amount, new construction enriches living standards as also
the redevelopment is the only way to meet the shortage of dwelling units
The future of redevelopment
in Mumbai city is very bright since there are constraints on the availability
of open land within the city and suburban limits coupled with fast growing
demand for houses and shortage of housing stock. To overcome the
above hurdles, the only solution is redevelopment of the existing property.
There are thousands of
buildings which are in bad shape and dilapidated due to their age, atmospheric
wear and tear and other reasons. They have reached a stage where it is not
possible to carry out structural repairs and rehabilitation as the same are not
economically viable and may not be guaranteed for more extended service life of
the buildings.
Redevelopment of such old
buildings has become a necessity since many buildings collapse each year,
killing or injuring many people. The other reason being the requirement of an
extra space by the Society members is due to increase in family members. The
Government has allowed incentive FSI for carrying out redevelopment schemes in
the city as well as in suburbs.
Since the redevelopment
work is of common interest, it requires the major decisions to be taken by the Society
with the consent of General Body. Necessary Resolutions should be approved in
the General Body Meetings. The Government of Maharashtra has issued specific
guidelines to streamline the process of redevelopment so that the problems in
the redevelopment can be eliminated at the initial stage resulting in the
reduction of the time required for the redevelopment process.
The Society should hire a
professional and competent counselor who should be careful in vetting/drafting
the Redevelopment Agreement and should not leave the same to the Developer. The
terms and conditions of the agreement should legally and practically take care
of the in interests of the Society and each of its members. While drafting, one
needs to visualize every possible setback and should provide answers and
remedies against possible eventualities so that the Builder’s interest in
completing the project continues till the end.
The Bank Guarantee should
be drafted simultaneously along with the Development Agreement. The draft of
the Bank Guarantee should be simple and not tied up with conditions. It should
state that except calamities like floods, earthquakes or a war, the
reconstruction will be completed in the specific time or at the very least,
within the grace period.
Failing this, the Guarantee
can be invoked. The Society should take PDCs for the future rent and
compensation at the time of vacating. To ensure that the Builder completes the
reconstruction project, he should be permitted to give possession of his sell
portion only after offering possession to the existing flat owners.
A Redevelopment Agreement, as the name
suggests, is Principal Agreement executed for the redevelopment of an old
building, between the Office Bearers of Managing Committee/Landlords and the
Builder/Developer. But it's not as simple as it sounds; the Housing Societies/Landlords
need to exercise necessary caution to ensure that the residents' corporate
interest is safeguarded.
The legal documents concerning the redevelopment projects are essentially
to be precise and leaving no room for any ambiguity on the agreed terms.
Documents drafted meticulously ensure that the parties truly agree on the
contents and prevent future disputes caused by differing interpretations of the
document. Drafting/Vetting of legal documents accurately is our privileged
skill requiring close attention to terms and conditions to be documented in
favour of the Society.
The venture of redevelopment of any
property involves a massive volume of multi-crores of rupees as also the fate
and future of all the Resident Members of the Society. Once the property is
handed over to the Builder/Developer, the Society has only legal documents in
their hand to rely upon, in case of any adverse situation in accomplishing the
successful task of the redevelopment. Our approach in respect of drafting/analyzing
all the legal documents pertaining to the redevelopment is scientific and systematic.
While it is easy to draft terms addressing the primary
purpose of a legal document, the best documents anticipate all those possible
events that might interfere with the client’s intent. We anticipate these
events to help our Client Societies/Landlords to determine and arrest such
eventualities in documentation.
The Development Agreement should
be properly stamped and registered as an unstamped and unregistered document is
not enforceable in law. Every detail pertaining to the construction
specifications, construction and material, amenities should be specified in the
redevelopment pact. Anything that is vague will work against the interest of Society
members.
If there are serious irregularities in
the process of redevelopment and when they are noticed halfway, they can
jeopardize the redevelopment and the consequences can be severe as what the law
does not permit, cannot be done either by the Builder/Developer or by the
Society.
TDR should be loaded in the
name of Society before vacating of the premises but after execution of the Development
Agreement and must obtain the consent of all members in respect of the terms
and conditions documented in Development Agreement and the proposed plans. It
is one of the steps to safeguard interests of the Society.
The Society should appoint
an architect or engineer for the verification of their carpet area and
supervise the quality of construction, amenities promised by Developer of the
proposed building. The architect should physically verify the area once the
typical floor slab is casted.
The approved plans should
be submitted to the Society within specific period after approval and to the
architect to verify periodically that the construction activities are carried
out as per the approved plans.
There are many advantages for
various bodies, for people, for Government and for the local Municipal
Corporations as well. The advantages for the Developers are that, there is no
huge investment regarding the TDR of such properties unlike new plot
development and these projects are always with clear title.
Though the time frame for
the agreement procedure from the occupants or Society members is more and the
matter also requires frequent dealings with lawyers and court etc., the
investment for such projects happens to be much lesser. The Society gets better
standard of living and latest amenities for the members.
Better level of infrastructure
and services like new and better construction with elevation grand entrance
lobby and lifts of reputed make better productive plan for the new flats, more
open space along with recreational facilities, separate society office/separate toilets available for servants, Provision for seismic design for the
building with latest fire fighting systems, health club and gymnasium with ample
car parking.
The other advantages being
the increase in flat value and more saleable value of the flat with more
carpet area than that of the existing building since the structure is new with
provision of modern amenities and improved life style.
Maintenance of inherent
features of existing project, no obstruction of the view, proper air
ventilation catered in layout, natural light catered in planning and emergency
of the building lights is maintained with a stand-by generator facility. Since
all the redevelopments are providing either basements or podiums or stilts for
parking the vehicles of the occupants, the traffic blockages due to vehicle
parking on the road can be less thereby assuring better conditions for the
traffic and lesser problems for the Municipal Corporation and the other Departments
related. Due to redevelopments, Govt. also gets benefited with additional revenue
of new taxes.
Society expects monitory
compensation by way of Corpus so that the additional maintenance and the normal
furniture expenses are covered. The reimbursement of rental expenses, brokerage
and transportation is necessary for the alternate accommodation till the new
flats are handed over.
The other facilities in
redevelopment are high end
security systems; stand by generators, concealed plumbing and
electrical lines, latest fire fighting systems, anti termite treatments,
u/g tanks with submersible pumps having sensors, provision for
piped gas, cable TV, telecom, internet etc.
List of preliminary Documents required from the
Society opting for redevelopment are Society Registration Certificate, Original
Building Plan, Conveyance Deed/Lease Deed/Sale Deed, Copy of Resolution of SBGM,
Documents/Papers/Deeds/Agreements etc. whatsoever in nature related
to the plot, Property Card, D. P. Remark, Extract of 6/12, 7/12, Search
report and Title certificate, Index II, N. A. Order and City Survey Plan.
The Housing Societies often get confused about choosing the
best or right or so to say, one HONEST
BUILDER / DEVELOPER. There are many
cases where the dreams of Members of the Housing Societies are crashed when the
terms of Development Agreement are breached and time schedule of completion of
project is not maintained by such insatiable Builders / Developers.
There are types of voracious Builders/Developers of III tire who
have abandoned or have delayed the redevelopment projects due to various
reasons mainly due to paucity of inflow or diversion of funds from the assigned
projects in order to acquire / pocket more and more projects beyond their
financial means or are simply not capable to execute them due to lack of
competency and precision.
Since the redevelopment of a property is an exigent issue now a
days with offending Builders / Developers and their felonious and offending
treats to inexperienced Managing Committees of Housing Societies, we especially
impress our Client Societies to be vigilant on the issues like Delivery Delays,
Broken Promises, Breach of Trust, Cheating, Unfair Trade Practice, Deficiency
in Service, Abandonment of Redevelopment Projects half way, Corruption and
Malpractice to pocket the Redevelopment Assignment, Illegal Constructions,
Violation of Acts, Laws and Rules etc.
Redeveloping a home is a major decision
for the lifetime and one would not want to take chances. It is said that till
you do not leave your Society, you are the KING.
The day on which you handover your property to the Builder/Developer for
redevelopment and leave your Society, the Builder/Developer is the KING.
The following property documents can be obtained
from respective departments: Property Card and CTS Plan from City Survey Office,
Old Building approved Plans and other permissions from Building Proposal Dept
of BMC, Property Tax paid From BMC’s Assessment Department. ULC order from
Collector’s office, Non-Agricultural Order and N.A. Tax Paid Receipt from
Collector’s office, DP/TP remarks from respective departments, Registration
receipt and Stamp duty paid proof from the Registrar’s office, Registered
conveyance / Index II from the Registrar’s office, Search Report and Title
Clearance Certificate about the property to get prepared from an Advocate.
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