Re-development of Buildings
Know Your Rights Before Opting For
Redevelopment
Construction Corruption
Know Your Rights Before Opting For Redevelopment
Introduction On Redevelopment
• If you reside in an old building, located in a prime
area, it is likely builders have come up with a flood
of offers to redevelop your society.
• Redevelopment is usually seen in metro cities and
developing tier-II cities, where demand for real
estate is high and supply doesn't match demand.
Introduction On Redevelopment
If you reside in an old building, located in a prime area, it is
likely builders have come up with a flood of offers to redevelop
your society
Introduction On Redevelopment
• Though all properties can be redeveloped,
the incentive limit against the floor space
index (FSI) varies across cities and locations.
• For instance, the FSI offered in Mumbai is
1.33. In other words, on redevelopment,
against a 1,000-sq ft flat, the occupant
would get a 1,330-sq ft flat.
floor space index (FSI)
floor space index (FSI)
Introduction On Redevelopment
• Developers offer incentives to occupants in
the form of added facilities, extra flat area,
compensation, etc.
Developers offer incentives to occupants in the
form of added facilities
Introduction On Redevelopment
• Experts say there are many ways in which a
developer could dupe customers.
• A fraudulent builder might demolish the
building, without building another.
• Also, he might redevelop the property but not
abide by the design/layout of the building.
Some might not even pay rent to occupants or
give a smaller area than what was promised.
fraudulent builder might demolish the
building, without building another
he might redevelop the property but not abide
by the design/layout of the building
Introduction On Redevelopment
• Therefore, when the society decides to opt for
redevelopment, it should be cautious in
striking a deal with a developer.
societies decides to opt for redevelopment should be
cautious in striking a deal with a developer
Introduction On Redevelopment
• If your Society is planning for Redevelopment,
then the members of the Society should be familiar
with the process for undergoing Redevelopment.
Redevelopment
• Redevelopment means demolishing the Old
Structure and replacing the same with New
Structure with new Dimensions and Space.
When should be redevelopment be
considered?
• As per Bye-law no. 77, Structural Audit of the
Building is to be conducted when the
Building is more than 30 years old.
• The Report of such Structural Audit would
reveal the condition of the Building and
indicate whether the Society needs
Redevelopment.
Bye Laws No 77.
The Report of such Structural Audit would
reveal the condition of the Building
Who is the authorised person to conduct
Structural Audit?
• The Structural Audit is to be conducted only
by a “Government approved Architect”.
Can a Society go in for Redevelopment
without conducting a Structural Audit?
• Conducting Structural Audit is mandatory
since it is the first and the foremost step to be taken
for deciding Redevelopment as Structural Survey
is required to be carried out for both the
building and the adjacent structures.
Can a Society opt for Redevelopment even if
Structural Report does not recommend it?
• No, as the Society will be required to get
necessary permissions from all the concerned
Authorities.
Advantages of Redevelopment
• Better planned and designed flats with earthquake
structure with attached bathrooms in bedrooms will
be available.
• Corpus fund received by each individual member
will take care of increase in the maintenance cost
of the Premises or could be utilised for other
purposes.
• Additional area of 25-30% will be received as
compensation from the Developer. Also, additional
space, if available, could be purchased from the
Developer at best available price.
Advantages of Redevelopment
Corpus fund
Additional area of 25-30%
Better planned and designed flats
Advantages of Redevelopment
• Modern facilities / amenities / gadgets like lifts,
intercom system, smoke detectors, fire fighting
alarm system, concealed plumbing, concealed
wiring for electricity, telephone, cable TV etc. will
be available.
• Stilt or under ground parking will be available
which will ease space on the ground.
• Clubhouse, Swimming Pool, Gymnasium,
Community Hall etc. will be available
Modern facilities
Stilt Or Under Ground Parking
Clubhouse, Swimming Pool, Gymnasium
Disadvantages of Redevelopment
• Any lacuna in preparation of
Redevelopment Deed would result in a great
loss to the members who are eligible for
many perks in consideration of giving
permission for the project.
Disadvantages of Redevelopment
• For considerable period of time, members
are required to give up possession of their
flats which disrupts their age old routine.
• Residential Complexes if converted to
Commercial Complexes are seldom
preferred for housing purposes or dwellings.
• Additional new members would take longer
time to gel with the original members,
resulting in disputes on various issues.
For considerable period of time, members are
required to give up possession of their flats
Residential Complexes if converted to Commercial
Complexes are seldom preferred for housing purposes
Disadvantages of Redevelopment
• New construction loaded with all kinds of modern
amenities which will in turn increase the cost of
maintenance to be paid to the Society.
• The Tax burden is high and in case the Occupation
Certificate (OC) is not procured, Municipal charges and
Water charges are high
• There is increase in Property Taxes.
• Additional area received will attract Stamp Duty
and Registration Charge at current Market Price.
• There is always a fear of half way stalled project
resulting in Court case.
Disadvantages of Redevelopment
Starting Redevelopment Process
• For starting Redevelopment process, the
following process should be carefully
followed.
When should a Society consider
Redeveloping their Building?
• The Society should consider Redevelopment
of the building only if an adverse Structural
Audit Report is received from an approved
Structural Auditor appointed by the Society
to do Structural Survey /Audit of the Building
as per Bye-Law no. 77 and his report should
clearly mention the details of defects /
remedies / cost of repairs etc.
The Society should consider Redevelopment of the building
only if an adverse Structural Audit Report is received
What should the Society do in case of a
Structural Audit Report?
• In case of adverse Structural Audit Report, the
Society should circulate the said Report to all the
members of the Society within one month of
receipt of such report along with their
recommendations and call for the consent of all the
Members of the Society in writing within 14 days
of circulation of Report giving their opinion
whether they would like to go for Repairs or
Redevelopment.
In case of adverse Structural Audit Report, the Society should
circulate the said Report to all the members of the Society
Whether individual consent of all the members is
required for redeveloping the society’s buildings?
• A written consent is required from each and every
member of the Society for carrying out
Redevelopment.
• Unlike the S R A Project, in a Registered Co-
operative Housing Society, 100% consent of all the
members is required before the Society can go
ahead with Redevelopment.
A written consent is required from each and
every member of the Society
What is the consequence if Consent is not received
from all the members for carrying out
Redevelopment?
• If all the members of the Society do not give
their Consent for Redevelopment, then
permission for Redevelopment will not be
granted by the concerned authorities like the
Dy. Registrar of Co-operative Societies and the
AMC.
Can a member change his decision after giving his
Consent in writing for Redevelopment?
• Consent obtained from the members is
irrevocable and embossed with Rs.100/-
stamp.
• Hence, once Consent is given by a member, it
cannot be revoked.
• Only if a member has a strong reason to retract
his Consent, then he has to follow the Legal
procedure for proving his point of discontent
for retracting his Consent
Consent obtained from the members is
irrevocable and embossed with Rs.100/- stamp
Can a minority of members stall the
process of Redevelopment?
• It depends on what proportion of minority
is stalling the development and the reasons
behind stalling the project.
• If the reasons for stalling the project are
strong, then redevelopment cannot proceed
unless the issues with them are settled.
Can a minority of members stall the process
of Redevelopment?
Does a Society require to form a
Redevelopment Committee?
• Appointing a Redevelopment Committee is
not mandatory but is highly recommended
to ensure transparency in the dealings.
Powers of the Redevelopment
Committee
• Generally the following powers are to be
given to the Redevelopment Committee:
• To approve or reject the proposal placed before
them by the Managing Committee of the Society.
• To give suggestions, if any, regarding the Proposal
placed before them by the Managing Committee
Documents Required For Re-development
• For successful completion of Redevelopment, the
Office Bearers of the Society should be aware of
the Documents to be kept ready and the Documents
to be obtained from the Builder.
List Of Important Documents Required For Starting
Redevelopment
• 1. Society Registration Certificate.
• 2. 7/12 Extract.
• 3. Form no. 6 from Revenue Office.
• 4. Conveyance Deed / Lease Deed / Sale Deed.
• 5. Search Report and Title Certificate.
• 6. Index II
• 7. N. A. Order.
• 8. Development Agreement.
• 9. City Survey Plan.
• 10. Approved Building Plan.
• 11. Copy of I.O.D.
• 12. Commencement Certificate.
• 13. Occupation Certificate.
• 14. Completion Certificate.
• 15. Agreement for Sale.
• 16. Stamp Duty paid proof.
• 17. Registration Charges paid proof.
• 18. Appointment Letter of PMC, Architect, Builder
What are the Documents needed to be
prepared for Redevelopment?
• 1. Feasibility report.
• 2. Suggestions from members.
• 3. Public Notice for inviting the Tender.
• 4. Minutes of various Meetings.
• 5. Correspondence with different Authorities.
• 6. Obtaining required permission from Deputy Registrar, AMC,
ULC Department, Na Department etc.
• 7. Tender Form.
• 8. Summary of Tenders received.
• 9. Approval of Tenders in the General Body meetings and
preparation of Draft and Final Minutes.
• 10. Appointment letters to Advocate, Structural Engineers,
Architect, Project Management Consultant etc
What are the various Documents and Agreements to
be prepared in the process of Redevelopment?
• 1. Redevelopment Agreement.
• 2. Indemnity Bond by the Developer.
• 3. Format of Bank Guarantee from the Builder.
• 4. Power of Authority from the Society to the Developer.
• 5. Agreement for alternate accommodation.
• 6. Consent Letters from the members to the Society.
• 7. Consent Letters from the members of the Society to Builder
/ Developer / BMC.
• 8. Memorandum of Understanding (MOU) between the
Society and Builder / Developer.
What are the various Documents and Agreements to
be prepared in the process of Redevelopment?
• 9. Appointment Letter from the Society to the Builder /
Developer.
• 10. Possession Letter from the Builder to the Members.
• 11. Application by new members to the Society for
becoming members in Form no. 3.
• 12. Undertaking from the new members to the Society.
• 13. Format of the Resolution to admit new members.
• 14. List of Documents required to be collected from the
Builder. 15. Revocation / Cancellation of Power of
Attorney.
Successful Redevelopment
• Points To Be Noted For Successful
Redevelopment
• The Builder should be strictly chosen on the basis
of his Financial Capacity and Track Record and not
on the basis of the highest offer received.
• The Tenders received should be objectively
evaluated by an able Architect appointed by the
Society.
• All the members of the Society should give their
Consents to avoid disputes.
The Builder should be strictly chosen on the basis of
his Financial Capacity and Track Record
The Tenders received should be objectively
evaluated by an able Architect appointed by the
Society
Successful Redevelopment
• Complete details of the offers made by the
Developer should be clearly understood by all the
members of the Society and there should be
transparency in the dealings.
• All Agreements / Documents should be got
scrutinised by a competent Advocate appointed by
the Society to ensure that there is no lacuna.
• Bank Guarantee for the total cost of the
Redevelopment Project should be obtained from
the Developer covering the full period of
construction.
All Agreements / Documents should be got scrutinised by a
competent Advocate appointed by the Society
Bank Guarantee for the total cost of the
Redevelopment Project should be obtained from the
Developer
Successful Redevelopment
• Penalty Clause should be inserted in the
Redevelopment Agreement to ensure proper
implementation of the Project by the Developer.
• The Managing Committee and the Redevelopment
Committee members should conduct regular
inspection when the construction is in process to
ensure that there are no deviations from the plans /
offers.
Penalty Clause should be inserted in the
Redevelopment Agreement
Steps in Redevelopment Process
• The Office Bearers of the Society are requested to
follow the following steps for redeveloping their
premised successfully.
• Redevelopment
• Redevelopment of the Building shall be considered by the
Society only if an adverse Structural Audit Report is
received from an approved Structural Auditor appointed
by the Society to do Structural Survey / Audit of the
Building as per Bye-Law no. 77 and his report should
clearly mention the details of Defects / remedies / cost of
Repairs.
Redevelopment of the Building shall be considered by the
Society only if an adverse Structural Audit Report is received
from an approved Structural Auditor
Steps in Redevelopment Process
• Conveyance deed
• The Society should reconsider Redevelopment only if the
Society has Conveyance Deed in their favour. Without
Conveyance, the Society should not pass any Resolution for
redevelopment but should move towards major repairs.
Steps in Redevelopment Process
• Circulation of Structural Audit Report
• In case of adverse Structural Audit Report, the
Society shall circulate the said Report to all the
members of the Society within one month of receipt
of such report along with their recommendations
and call for the consent of all the members of the
Society in writing within 14 days of circulation of
Report giving their opinion whether they would like to
go for Repairs or Redevelopment. If 75% or more of
the total members of the Society give their Consent
for Redevelopment to the Managing Committee, the
Managing Committee will start the process of
Redevelopment.
Circulation of Structural Audit Report
Starting Redevelopment
• The Society in which Redevelopment work of the
Buildings is required to be undertaken, an
application of Requisition to hold a Special General
Body Meeting to consider and discuss the
Redevelopment Project and suggestions on the same,
is to be submitted to the Hon. Secretary of the
Managing Committee which is properly elected as per
the provisions of the Society’s Bye–Laws.
• The Requisition application is to be signed by not
less than 1/4th of the total members of the Society.
Special General Body Meeting to consider and
discuss the Redevelopment Project
Permission for Re-development
• The Society shall forward a copy of the Structural
Audit Report along with an extract of the Re-
development Resolution passed in the Society
General Meeting to the Dy. Registrar of Co-operative
Societies of their respective Ward seeking permission
for Re-development of their Building.
Feasibility Report
• Within one month from the date of receipt of permission for
re-development from the office of the Dy. Registrar of Co-
operative Societies, the Society should appoint an Architect
or a Project Management Consultant (PMC) to survey
the Project Plot /Area / F.S.I. / T.D.R. / A.M.C. – AUDA
rules applicable / technical / financial details including
viability, comparison of repairs v/s re-development and
submit a Feasibility Report.
• This Feasibility Report should be circulated to all the
members of the Society within one month from the date
of receipt of the Report along with the Managing
Committee’s views and their opinion / objections on the
same should be called for in writing for discussion in the
next Special General Body Meeting.
Project Management Consultant
(PMC)
Society General Meeting for Constitution of
Re-development Committee
• The Society should call for a Society General Meeting and
since this being an important meeting the quorum for the
meeting shall be at least 75% of the Members of the
Society.
• The Managing Committee should discuss the Feasibility
Report in the Meeting and if at least 3/4th of the Members
present in the meeting agree for Re-development, then they
should pass a Resolution to go for Re-development of the
Building and authorise the Office Bearers to start the
procedure to appoint Architect / Civil Engineer / Financial
Consultant or Project Management Consultant.
Appointment of Consultants
• The Office Bearers shall shortlist Architect/Civil
Engineer/ Financial Consultant / Project
Management Consultant for appointment and
recommend their names to the Re-development
Committee to confirm their choices and fees
chargeable by these professional/s.
• The Managing Committee should call for a SGM
and introduce these Professionals to the Members of
the Society and give their recommendations. A
decision should be taken in this Meeting to appoint any
or all them of them and fix their duties and fees.
Documents for Re-development
• The Society should ask the appointed Consultant/s to proceed
and go ahead to get all the clearances required for re-
development and submit his report on the availability of
following documents with the Society:
• Society Registration Certificate.
• 7/12 Extract / Index II / Form no. 6 from Revenue Office.
• Conveyance Deed / Lease Deed / Sale Deed / Search Report / Title
Deed.
• Non Agricultural Order.
• Property Card / City Survey Plan
• Copy of I.O.D / Commencement / Occupation / Completion
Certificates.
• Proof of Payment of Stamp Duty / Registration Charges.
• Copy of paid Assessment Bill / Water Bill / Electric Bill.
• Approved Building Plan / all Architectural and R.C.C. Drawings.
Appointment of Consultants
The Society should ask the appointed Consultant/s to proceed
and go ahead to get all the clearances required for re-
development
Tender
• After the Technical problems are sorted out, the Society
should call for a SGM to apprise the members of the
Society’s standing on the various technical points referred to
above and convey their views as well as the views of the Re-
development Committee on the matter and seek the
approval of the General Body to proceed further.
• In this meeting all the members of the Society should be
asked to prepare and submit details of requirements /
demands / choices / demands in writing so that the same
could be incorporated in the tender Document. The General
Body should pass a resolution and authorise the Managing
Committee to proceed ahead and float Tenders by inviting
different Agencies / Builders / Developers to give their offers
through News paper Notice etc.
The General Body should pass a resolution and authorise the
Managing Committee to proceed ahead and float Tenders
Opening of Tenders
• Within one week from the last date for
receipt of Tenders, the Society should call
for a SGM and open the Tenders in front of
the Members of the Society present in the
meeting along with the Society’s Consultants
and parties participating in the Tender.
• The details of offers received should be read
out in the meeting and a provisional merit
list should be made in the meeting itself.
Opening of Tenders
Comparison Statement
• The consultants appointed by the Society should
study the Tender offers in detail and prepare
comparative charts and give their
recommendations to the Managing Committee
who should satisfy themselves about the
recommendations of the Consultants and put it up
before the Re-development Committee for their
observations.
• The best offer should be short listed merit-wise and
details circulated to all the members of the Society
calling for their views.
The consultants appointed by the Society should study the
Tender offers in detail and prepare comparative charts
Selection of Developer / Builder
• The Society should call for a SGM and after discussing
the merits and demerits of all the offers, should select
one Developer / Builder for carrying out the
redevelopment of the Society.
• In this Meeting, the members should agree on the
following issues: The additional area that they
should get as not only in terms of percentage
increase in their existing carpet area but also in
actual number of Square Feet.
• The amount of corpus payable to each member
should be clearly expressed in amount of Rupees
besides linkage to their existing carpet area.
Selection of Developer / Builder
Selection of Developer / Builder
• The break-up and the due dates for payment of the same
should also be clearly specified.
• The amount of rent payable for alternate
accommodation should be clearly specified in terms of
amount of Rupees besides linkage to the existing carpet
area.
• The break-up and due dates for payment of the same
should be clearly specified.
• The amount of shifting charges and the re-shifting
charges should be specifically stated.
• The members should pass a resolution authorising the
Managing Committee to issue Letter of Intent to the
Developer subject to above Terms and Conditions.
The amount of rent payable for alternate
accommodation should be clearly specified
Letter of Intent
• The Society should circulate the agreed Terms and
Conditions to all the members of the Society and
obtain Irrevocable Letter of Consent addressed to the
Society, the Builder, AMC, Dy. Registrar of Co-
operative Societies and other concerned parties.
• When at least 90% of the Members give Consent
Letters to the Society, the Society should give a
Letter of Intent to the selected Developer / Builder
and request him to furnish plans of the new
buildings to be constructed, amenities to be provided
and allotment of flats to members as per the new plan.
Society should give a Letter of Intent to the selected
Developer / Builder and request him to furnish plans of the
new buildings
Re-development Agreement
• On receipt of the plan for the new buildings, the
Managing Committee and the Re-development
Committee members should first approve the same
and satisfy themselves that the same is as per their
offer.
• Then, the Society should call for a SGM for
approving the plan of the flats / building and
amenities offered by the Builder. When the same are
approved in the General Body, the Society should pass
a resolution to sign a Redevelopment Agreement with
the Developer also fix the date for vacating the old flats
and receiving the compensations.
Society should call for a SGM for approving the
plan of the flats / building and amenities offered by
the Builder
Handing over the property for re-
development
• The Developer should then proceed to get the plans
approved and obtain I.O.D (Intimation of Disapproval).
from A.M.C. After fulfilling the terms mentioned in the
I.O.D., the Developer should obtain Commencement
Certificate up to plinth.
• After these conditions are complied with, the Society
should call SGM and pass a Resolution for vacating the
Flats and fixing a date for handing over the vacant
possession to the Developer and fixing dates for receiving
compensations from the Developer.
• The Managing Committee should issue instructions to the
members to vacate their Flats by signing individual
agreements with the Developer and after receiving his dues
from the Developer.
Handing over the property for re-
development
Conveyance / Occupancy Certificates
• After construction of the Buildings are completed,
the Society should follow up and ensure that the
Developer gives Conveyance, Occupancy
Certificate and regular Water Connection within 4
months from the date of handing over of the new
flats to the members of the Society.
After construction of the Buildings are completed, the Society
should follow up and ensure that the Developer gives
Conveyance, Occupancy Certificate
Things to know about redevelopment of
housing projects
• Legal aspects
• Given the extent of malpractices happening in
this area, it is advisable for the society
members to appoint a lawyer before signing a
contract with the builder. The most appropriate
method to select a builder is through tendering
process.
• The members should agree to vacate only after
the developer has secured necessary legal
approvals and permits for redevelopment as
well as when agreement has been registered.
It is advisable for the society members to appoint a
lawyer before signing a contract with the builder
Things to know about redevelopment of
housing projects
• Security deposit
• The developer is responsible for giving a
security deposit to the society members. The
amount must be equal to the entire
redevelopment cost.
Things to know about redevelopment of
housing projects
• Bank guarantee
• The developer is responsible for giving a bank
guarantee of at least 20 per cent of the project
cost.
Things to know about redevelopment of
housing projects
• Transfer of development rights (TDR)
• Members of the society need to ensure that the
developer purchases the additional TDR and
loads it on the society.
• They should confirm this before vacating their
house since if the TDR rules change after
vacating, the builder might not be able to give
the extra flat area he had promised.
Transfer of development rights (TDR)
Things to know about redevelopment of
housing projects
• Alternative Accommodation
• The developer is liable to provide alternate
accommodation for the society inhabitants,
preferably in the same area. Or, should at
least agree to advance payments for a year for
the member's monthly rent. The members are
also entitled to seek cost of shifting from the
developer.
Alternative Accommodation
Things to know about redevelopment of
housing projects
• Documents
• A society planning to undertake redevelopment must
possess registration certificate, an original building plan,
a lease deed/sale deed, a copy of resolution, an
agreement and a title certificate. Property card and an NA
(non-agricultural) order are additional requirements for the
process.
• The society's name must appear in the property card
maintained by City Survey Office as the owner or the
subsisting lessee. Else, the society would not be eligible to
go for redevelopment as Municipal Corporation will not
permit demolition of existing structure and reconstruction.
Do’s and Don’ts for the Society members
• It is important to understand that the
responsibility of a society redevelopment project
lies equally on the shoulders of the builders (real
estate developers) as well as the society members.
Many society members take things for granted, and
by the time they realize their folly, it may get too late
Do’s and Don’ts for the Society members
Do’s and Don’ts for the Society members
• The best approach is to have an extremely
detailed agreement, where every clause is
discussed upon and written down after mutual
understanding.
• Let us go through some of the important dos
and dont’s that tenants need to remember
for the successful redevelopment of their
building.
The best approach is to have an
extremely detailed agreement
Do’s and Don’ts for the Society members
• Do’s
• Before you finalise a developer, get your facts right
with regards to the incentive limit against FSI (Floor
Space Index) that varies across different cities and
areas. Your efforts should be to get more incentive limit
that benefits all the society members.
• Make sure that when the building redevelopment
plan is laid out, there is a clear transparency about
which society member is getting how much space
from the builder, and / or is buying how much
additional space. This would help to avoid any
discrepancies later.
Before you finalise a developer, get your facts right with
regards to the incentive limit against FSI (Floor Space Index)
Do’s and Don’ts for the Society members
• Keep a tap on the reimbursement
parameters with regards to your house rent,
which should be equivalent to the prevalent
prices in and around your locality.
• You also need to check whether the builder
agrees to pay for the relocation (movers and
packers) in any of the clauses.
You also need to check whether the builder
agrees to pay for the relocation
Do’s and Don’ts for the Society members
• You need to get your information right about the annual
increase in house rent near your locality. This will help
you to get the correct rental escalation clause in the
agreement, as the redevelopment process will take a few
years.
• Openly discuss about the additional amenities that the
builder plans to provide after the completion of the
redevelopment project. This will have a direct impact on
your post redevelopment maintenance costs, which are
bound to be higher than earlier.
• Hence, it is necessary that every member of your society is
aware about it and agrees to it. Accordingly, you can ask
the builder to reduce or increase amenities like garden,
play room, covered parking, additional lift, etc.
Openly discuss about the additional amenities that the
builder plans to provide after the completion of the
redevelopment project
Do’s and Don’ts for the Society members
• Ensure the builder deposits the right percentage of the
collected amount in a separate account only for your
building. This way you can keep a track on the expenditure
and make sure that your funds are not being utilized for any
other buildings being developed by the same builder.
• Ensure that the exact time-frame for development of the
building is clearly stated in the agreement by the
builder. And get a proper delay penalty clause, mutually
agreed between your society members and the builder.
• Be smart enough to make it clear to the builder about
having the approvals in place for any additional floors
that he wishes to construct. This has often been the reason
of delay for several projects.
Be smart enough to make it clear to the builder about having
the approvals in place for any additional floors that he wishes
to construct
Do’s and Don’ts for the Society members
• Dont’s
• Do not be in a hurry to select a developer to handle
your redevelopment project. Get in touch with several
builders and patiently look at what they have to offer.
• Do not approve a builder quickly after his offers are
liked by every society member, without any legal
consultation from at-least two different qualified
professionals. This helps you to ensure that all
approvals are in place, and that you are not being
offered something that may not be legally possible.
Do not be in a hurry to select a developer to handle
your redevelopment project
Do’s and Don’ts for the Society members
• Do not opt for a builder who has delayed at-least
one of his earlier development or redevelopment
projects. A proper check of the history of the builder’s
work is extremely important for this purpose. And this
can be done by interacting with the existing residents of
some of the builder’s residential properties.
• Do not allow the builder to place the non-
compliance or non-approval responsibility on some
one else. Ensure that the builder has right contacts
and is confident of getting all regulatory approvals
in time.
Do not opt for a builder who has delayed at-least one
of his earlier development or redevelopment projects
References
• Alerts and Awareness in Redevelopment of Housing Societies
• www.redevelopmentofhousingsocieties.com/.../redevelopment.../18-alerts-and-
awaren...
• Corruption, Dishonesty and Frauds in Redevelopment
• www.redevelopmentofhousingsociety.com/.../corruption-dishonesty-and-frauds-in-
re...
• Guide to Combating Corruption & Fraud in Development Projects
• https://guide.iacrc.org/
• Realty Frauds and Scams - Redevelopment of Housing Societies
• www.redevelopmentofhousingsocieties.com/realty-frauds-and-scams.html
• Redevelopment Procedure & Guidelines - Redevelop Mumbai
• www.redevelopmumbai.com/redevelopment-procedure-guidelines.html
• Redevelopment of housing society
• www.redevelopmentofhousingsociety.com/
• Redevelopment
• https://en.wikipedia.org/wiki/Redevelopment
• Things to consider If You Are Heading For Redevelopment
• https://www.makaan.com › IQ › Buy & Sell
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Redevelopment of Buildings

  • 1.
    Re-development of Buildings KnowYour Rights Before Opting For Redevelopment
  • 2.
    Construction Corruption Know YourRights Before Opting For Redevelopment
  • 3.
    Introduction On Redevelopment •If you reside in an old building, located in a prime area, it is likely builders have come up with a flood of offers to redevelop your society. • Redevelopment is usually seen in metro cities and developing tier-II cities, where demand for real estate is high and supply doesn't match demand.
  • 4.
  • 5.
    If you residein an old building, located in a prime area, it is likely builders have come up with a flood of offers to redevelop your society
  • 6.
    Introduction On Redevelopment •Though all properties can be redeveloped, the incentive limit against the floor space index (FSI) varies across cities and locations. • For instance, the FSI offered in Mumbai is 1.33. In other words, on redevelopment, against a 1,000-sq ft flat, the occupant would get a 1,330-sq ft flat.
  • 7.
  • 8.
  • 9.
    Introduction On Redevelopment •Developers offer incentives to occupants in the form of added facilities, extra flat area, compensation, etc.
  • 10.
    Developers offer incentivesto occupants in the form of added facilities
  • 11.
    Introduction On Redevelopment •Experts say there are many ways in which a developer could dupe customers. • A fraudulent builder might demolish the building, without building another. • Also, he might redevelop the property but not abide by the design/layout of the building. Some might not even pay rent to occupants or give a smaller area than what was promised.
  • 12.
    fraudulent builder mightdemolish the building, without building another
  • 13.
    he might redevelopthe property but not abide by the design/layout of the building
  • 14.
    Introduction On Redevelopment •Therefore, when the society decides to opt for redevelopment, it should be cautious in striking a deal with a developer.
  • 15.
    societies decides toopt for redevelopment should be cautious in striking a deal with a developer
  • 16.
    Introduction On Redevelopment •If your Society is planning for Redevelopment, then the members of the Society should be familiar with the process for undergoing Redevelopment.
  • 17.
    Redevelopment • Redevelopment meansdemolishing the Old Structure and replacing the same with New Structure with new Dimensions and Space.
  • 18.
    When should beredevelopment be considered? • As per Bye-law no. 77, Structural Audit of the Building is to be conducted when the Building is more than 30 years old. • The Report of such Structural Audit would reveal the condition of the Building and indicate whether the Society needs Redevelopment.
  • 19.
  • 20.
    The Report ofsuch Structural Audit would reveal the condition of the Building
  • 21.
    Who is theauthorised person to conduct Structural Audit? • The Structural Audit is to be conducted only by a “Government approved Architect”.
  • 22.
    Can a Societygo in for Redevelopment without conducting a Structural Audit? • Conducting Structural Audit is mandatory since it is the first and the foremost step to be taken for deciding Redevelopment as Structural Survey is required to be carried out for both the building and the adjacent structures.
  • 24.
    Can a Societyopt for Redevelopment even if Structural Report does not recommend it? • No, as the Society will be required to get necessary permissions from all the concerned Authorities.
  • 25.
    Advantages of Redevelopment •Better planned and designed flats with earthquake structure with attached bathrooms in bedrooms will be available. • Corpus fund received by each individual member will take care of increase in the maintenance cost of the Premises or could be utilised for other purposes. • Additional area of 25-30% will be received as compensation from the Developer. Also, additional space, if available, could be purchased from the Developer at best available price.
  • 26.
    Advantages of Redevelopment Corpusfund Additional area of 25-30% Better planned and designed flats
  • 27.
    Advantages of Redevelopment •Modern facilities / amenities / gadgets like lifts, intercom system, smoke detectors, fire fighting alarm system, concealed plumbing, concealed wiring for electricity, telephone, cable TV etc. will be available. • Stilt or under ground parking will be available which will ease space on the ground. • Clubhouse, Swimming Pool, Gymnasium, Community Hall etc. will be available
  • 28.
  • 29.
    Stilt Or UnderGround Parking
  • 30.
  • 31.
    Disadvantages of Redevelopment •Any lacuna in preparation of Redevelopment Deed would result in a great loss to the members who are eligible for many perks in consideration of giving permission for the project.
  • 32.
    Disadvantages of Redevelopment •For considerable period of time, members are required to give up possession of their flats which disrupts their age old routine. • Residential Complexes if converted to Commercial Complexes are seldom preferred for housing purposes or dwellings. • Additional new members would take longer time to gel with the original members, resulting in disputes on various issues.
  • 33.
    For considerable periodof time, members are required to give up possession of their flats
  • 34.
    Residential Complexes ifconverted to Commercial Complexes are seldom preferred for housing purposes
  • 35.
    Disadvantages of Redevelopment •New construction loaded with all kinds of modern amenities which will in turn increase the cost of maintenance to be paid to the Society. • The Tax burden is high and in case the Occupation Certificate (OC) is not procured, Municipal charges and Water charges are high • There is increase in Property Taxes. • Additional area received will attract Stamp Duty and Registration Charge at current Market Price. • There is always a fear of half way stalled project resulting in Court case.
  • 36.
  • 37.
    Starting Redevelopment Process •For starting Redevelopment process, the following process should be carefully followed.
  • 38.
    When should aSociety consider Redeveloping their Building? • The Society should consider Redevelopment of the building only if an adverse Structural Audit Report is received from an approved Structural Auditor appointed by the Society to do Structural Survey /Audit of the Building as per Bye-Law no. 77 and his report should clearly mention the details of defects / remedies / cost of repairs etc.
  • 39.
    The Society shouldconsider Redevelopment of the building only if an adverse Structural Audit Report is received
  • 40.
    What should theSociety do in case of a Structural Audit Report? • In case of adverse Structural Audit Report, the Society should circulate the said Report to all the members of the Society within one month of receipt of such report along with their recommendations and call for the consent of all the Members of the Society in writing within 14 days of circulation of Report giving their opinion whether they would like to go for Repairs or Redevelopment.
  • 41.
    In case ofadverse Structural Audit Report, the Society should circulate the said Report to all the members of the Society
  • 42.
    Whether individual consentof all the members is required for redeveloping the society’s buildings? • A written consent is required from each and every member of the Society for carrying out Redevelopment. • Unlike the S R A Project, in a Registered Co- operative Housing Society, 100% consent of all the members is required before the Society can go ahead with Redevelopment.
  • 43.
    A written consentis required from each and every member of the Society
  • 44.
    What is theconsequence if Consent is not received from all the members for carrying out Redevelopment? • If all the members of the Society do not give their Consent for Redevelopment, then permission for Redevelopment will not be granted by the concerned authorities like the Dy. Registrar of Co-operative Societies and the AMC.
  • 45.
    Can a memberchange his decision after giving his Consent in writing for Redevelopment? • Consent obtained from the members is irrevocable and embossed with Rs.100/- stamp. • Hence, once Consent is given by a member, it cannot be revoked. • Only if a member has a strong reason to retract his Consent, then he has to follow the Legal procedure for proving his point of discontent for retracting his Consent
  • 46.
    Consent obtained fromthe members is irrevocable and embossed with Rs.100/- stamp
  • 47.
    Can a minorityof members stall the process of Redevelopment? • It depends on what proportion of minority is stalling the development and the reasons behind stalling the project. • If the reasons for stalling the project are strong, then redevelopment cannot proceed unless the issues with them are settled.
  • 48.
    Can a minorityof members stall the process of Redevelopment?
  • 49.
    Does a Societyrequire to form a Redevelopment Committee? • Appointing a Redevelopment Committee is not mandatory but is highly recommended to ensure transparency in the dealings.
  • 50.
    Powers of theRedevelopment Committee • Generally the following powers are to be given to the Redevelopment Committee: • To approve or reject the proposal placed before them by the Managing Committee of the Society. • To give suggestions, if any, regarding the Proposal placed before them by the Managing Committee
  • 51.
    Documents Required ForRe-development • For successful completion of Redevelopment, the Office Bearers of the Society should be aware of the Documents to be kept ready and the Documents to be obtained from the Builder.
  • 52.
    List Of ImportantDocuments Required For Starting Redevelopment • 1. Society Registration Certificate. • 2. 7/12 Extract. • 3. Form no. 6 from Revenue Office. • 4. Conveyance Deed / Lease Deed / Sale Deed. • 5. Search Report and Title Certificate. • 6. Index II • 7. N. A. Order. • 8. Development Agreement. • 9. City Survey Plan. • 10. Approved Building Plan. • 11. Copy of I.O.D. • 12. Commencement Certificate. • 13. Occupation Certificate. • 14. Completion Certificate. • 15. Agreement for Sale. • 16. Stamp Duty paid proof. • 17. Registration Charges paid proof. • 18. Appointment Letter of PMC, Architect, Builder
  • 54.
    What are theDocuments needed to be prepared for Redevelopment? • 1. Feasibility report. • 2. Suggestions from members. • 3. Public Notice for inviting the Tender. • 4. Minutes of various Meetings. • 5. Correspondence with different Authorities. • 6. Obtaining required permission from Deputy Registrar, AMC, ULC Department, Na Department etc. • 7. Tender Form. • 8. Summary of Tenders received. • 9. Approval of Tenders in the General Body meetings and preparation of Draft and Final Minutes. • 10. Appointment letters to Advocate, Structural Engineers, Architect, Project Management Consultant etc
  • 56.
    What are thevarious Documents and Agreements to be prepared in the process of Redevelopment? • 1. Redevelopment Agreement. • 2. Indemnity Bond by the Developer. • 3. Format of Bank Guarantee from the Builder. • 4. Power of Authority from the Society to the Developer. • 5. Agreement for alternate accommodation. • 6. Consent Letters from the members to the Society. • 7. Consent Letters from the members of the Society to Builder / Developer / BMC. • 8. Memorandum of Understanding (MOU) between the Society and Builder / Developer.
  • 57.
    What are thevarious Documents and Agreements to be prepared in the process of Redevelopment? • 9. Appointment Letter from the Society to the Builder / Developer. • 10. Possession Letter from the Builder to the Members. • 11. Application by new members to the Society for becoming members in Form no. 3. • 12. Undertaking from the new members to the Society. • 13. Format of the Resolution to admit new members. • 14. List of Documents required to be collected from the Builder. 15. Revocation / Cancellation of Power of Attorney.
  • 58.
    Successful Redevelopment • PointsTo Be Noted For Successful Redevelopment • The Builder should be strictly chosen on the basis of his Financial Capacity and Track Record and not on the basis of the highest offer received. • The Tenders received should be objectively evaluated by an able Architect appointed by the Society. • All the members of the Society should give their Consents to avoid disputes.
  • 59.
    The Builder shouldbe strictly chosen on the basis of his Financial Capacity and Track Record
  • 60.
    The Tenders receivedshould be objectively evaluated by an able Architect appointed by the Society
  • 61.
    Successful Redevelopment • Completedetails of the offers made by the Developer should be clearly understood by all the members of the Society and there should be transparency in the dealings. • All Agreements / Documents should be got scrutinised by a competent Advocate appointed by the Society to ensure that there is no lacuna. • Bank Guarantee for the total cost of the Redevelopment Project should be obtained from the Developer covering the full period of construction.
  • 62.
    All Agreements /Documents should be got scrutinised by a competent Advocate appointed by the Society
  • 63.
    Bank Guarantee forthe total cost of the Redevelopment Project should be obtained from the Developer
  • 64.
    Successful Redevelopment • PenaltyClause should be inserted in the Redevelopment Agreement to ensure proper implementation of the Project by the Developer. • The Managing Committee and the Redevelopment Committee members should conduct regular inspection when the construction is in process to ensure that there are no deviations from the plans / offers.
  • 65.
    Penalty Clause shouldbe inserted in the Redevelopment Agreement
  • 66.
    Steps in RedevelopmentProcess • The Office Bearers of the Society are requested to follow the following steps for redeveloping their premised successfully. • Redevelopment • Redevelopment of the Building shall be considered by the Society only if an adverse Structural Audit Report is received from an approved Structural Auditor appointed by the Society to do Structural Survey / Audit of the Building as per Bye-Law no. 77 and his report should clearly mention the details of Defects / remedies / cost of Repairs.
  • 67.
    Redevelopment of theBuilding shall be considered by the Society only if an adverse Structural Audit Report is received from an approved Structural Auditor
  • 68.
    Steps in RedevelopmentProcess • Conveyance deed • The Society should reconsider Redevelopment only if the Society has Conveyance Deed in their favour. Without Conveyance, the Society should not pass any Resolution for redevelopment but should move towards major repairs.
  • 69.
    Steps in RedevelopmentProcess • Circulation of Structural Audit Report • In case of adverse Structural Audit Report, the Society shall circulate the said Report to all the members of the Society within one month of receipt of such report along with their recommendations and call for the consent of all the members of the Society in writing within 14 days of circulation of Report giving their opinion whether they would like to go for Repairs or Redevelopment. If 75% or more of the total members of the Society give their Consent for Redevelopment to the Managing Committee, the Managing Committee will start the process of Redevelopment.
  • 70.
  • 71.
    Starting Redevelopment • TheSociety in which Redevelopment work of the Buildings is required to be undertaken, an application of Requisition to hold a Special General Body Meeting to consider and discuss the Redevelopment Project and suggestions on the same, is to be submitted to the Hon. Secretary of the Managing Committee which is properly elected as per the provisions of the Society’s Bye–Laws. • The Requisition application is to be signed by not less than 1/4th of the total members of the Society.
  • 72.
    Special General BodyMeeting to consider and discuss the Redevelopment Project
  • 73.
    Permission for Re-development •The Society shall forward a copy of the Structural Audit Report along with an extract of the Re- development Resolution passed in the Society General Meeting to the Dy. Registrar of Co-operative Societies of their respective Ward seeking permission for Re-development of their Building.
  • 74.
    Feasibility Report • Withinone month from the date of receipt of permission for re-development from the office of the Dy. Registrar of Co- operative Societies, the Society should appoint an Architect or a Project Management Consultant (PMC) to survey the Project Plot /Area / F.S.I. / T.D.R. / A.M.C. – AUDA rules applicable / technical / financial details including viability, comparison of repairs v/s re-development and submit a Feasibility Report. • This Feasibility Report should be circulated to all the members of the Society within one month from the date of receipt of the Report along with the Managing Committee’s views and their opinion / objections on the same should be called for in writing for discussion in the next Special General Body Meeting.
  • 75.
  • 76.
    Society General Meetingfor Constitution of Re-development Committee • The Society should call for a Society General Meeting and since this being an important meeting the quorum for the meeting shall be at least 75% of the Members of the Society. • The Managing Committee should discuss the Feasibility Report in the Meeting and if at least 3/4th of the Members present in the meeting agree for Re-development, then they should pass a Resolution to go for Re-development of the Building and authorise the Office Bearers to start the procedure to appoint Architect / Civil Engineer / Financial Consultant or Project Management Consultant.
  • 77.
    Appointment of Consultants •The Office Bearers shall shortlist Architect/Civil Engineer/ Financial Consultant / Project Management Consultant for appointment and recommend their names to the Re-development Committee to confirm their choices and fees chargeable by these professional/s. • The Managing Committee should call for a SGM and introduce these Professionals to the Members of the Society and give their recommendations. A decision should be taken in this Meeting to appoint any or all them of them and fix their duties and fees.
  • 78.
    Documents for Re-development •The Society should ask the appointed Consultant/s to proceed and go ahead to get all the clearances required for re- development and submit his report on the availability of following documents with the Society: • Society Registration Certificate. • 7/12 Extract / Index II / Form no. 6 from Revenue Office. • Conveyance Deed / Lease Deed / Sale Deed / Search Report / Title Deed. • Non Agricultural Order. • Property Card / City Survey Plan • Copy of I.O.D / Commencement / Occupation / Completion Certificates. • Proof of Payment of Stamp Duty / Registration Charges. • Copy of paid Assessment Bill / Water Bill / Electric Bill. • Approved Building Plan / all Architectural and R.C.C. Drawings.
  • 79.
  • 80.
    The Society shouldask the appointed Consultant/s to proceed and go ahead to get all the clearances required for re- development
  • 81.
    Tender • After theTechnical problems are sorted out, the Society should call for a SGM to apprise the members of the Society’s standing on the various technical points referred to above and convey their views as well as the views of the Re- development Committee on the matter and seek the approval of the General Body to proceed further. • In this meeting all the members of the Society should be asked to prepare and submit details of requirements / demands / choices / demands in writing so that the same could be incorporated in the tender Document. The General Body should pass a resolution and authorise the Managing Committee to proceed ahead and float Tenders by inviting different Agencies / Builders / Developers to give their offers through News paper Notice etc.
  • 82.
    The General Bodyshould pass a resolution and authorise the Managing Committee to proceed ahead and float Tenders
  • 83.
    Opening of Tenders •Within one week from the last date for receipt of Tenders, the Society should call for a SGM and open the Tenders in front of the Members of the Society present in the meeting along with the Society’s Consultants and parties participating in the Tender. • The details of offers received should be read out in the meeting and a provisional merit list should be made in the meeting itself.
  • 84.
  • 85.
    Comparison Statement • Theconsultants appointed by the Society should study the Tender offers in detail and prepare comparative charts and give their recommendations to the Managing Committee who should satisfy themselves about the recommendations of the Consultants and put it up before the Re-development Committee for their observations. • The best offer should be short listed merit-wise and details circulated to all the members of the Society calling for their views.
  • 86.
    The consultants appointedby the Society should study the Tender offers in detail and prepare comparative charts
  • 87.
    Selection of Developer/ Builder • The Society should call for a SGM and after discussing the merits and demerits of all the offers, should select one Developer / Builder for carrying out the redevelopment of the Society. • In this Meeting, the members should agree on the following issues: The additional area that they should get as not only in terms of percentage increase in their existing carpet area but also in actual number of Square Feet. • The amount of corpus payable to each member should be clearly expressed in amount of Rupees besides linkage to their existing carpet area.
  • 88.
  • 89.
    Selection of Developer/ Builder • The break-up and the due dates for payment of the same should also be clearly specified. • The amount of rent payable for alternate accommodation should be clearly specified in terms of amount of Rupees besides linkage to the existing carpet area. • The break-up and due dates for payment of the same should be clearly specified. • The amount of shifting charges and the re-shifting charges should be specifically stated. • The members should pass a resolution authorising the Managing Committee to issue Letter of Intent to the Developer subject to above Terms and Conditions.
  • 90.
    The amount ofrent payable for alternate accommodation should be clearly specified
  • 91.
    Letter of Intent •The Society should circulate the agreed Terms and Conditions to all the members of the Society and obtain Irrevocable Letter of Consent addressed to the Society, the Builder, AMC, Dy. Registrar of Co- operative Societies and other concerned parties. • When at least 90% of the Members give Consent Letters to the Society, the Society should give a Letter of Intent to the selected Developer / Builder and request him to furnish plans of the new buildings to be constructed, amenities to be provided and allotment of flats to members as per the new plan.
  • 92.
    Society should givea Letter of Intent to the selected Developer / Builder and request him to furnish plans of the new buildings
  • 93.
    Re-development Agreement • Onreceipt of the plan for the new buildings, the Managing Committee and the Re-development Committee members should first approve the same and satisfy themselves that the same is as per their offer. • Then, the Society should call for a SGM for approving the plan of the flats / building and amenities offered by the Builder. When the same are approved in the General Body, the Society should pass a resolution to sign a Redevelopment Agreement with the Developer also fix the date for vacating the old flats and receiving the compensations.
  • 94.
    Society should callfor a SGM for approving the plan of the flats / building and amenities offered by the Builder
  • 95.
    Handing over theproperty for re- development • The Developer should then proceed to get the plans approved and obtain I.O.D (Intimation of Disapproval). from A.M.C. After fulfilling the terms mentioned in the I.O.D., the Developer should obtain Commencement Certificate up to plinth. • After these conditions are complied with, the Society should call SGM and pass a Resolution for vacating the Flats and fixing a date for handing over the vacant possession to the Developer and fixing dates for receiving compensations from the Developer. • The Managing Committee should issue instructions to the members to vacate their Flats by signing individual agreements with the Developer and after receiving his dues from the Developer.
  • 96.
    Handing over theproperty for re- development
  • 97.
    Conveyance / OccupancyCertificates • After construction of the Buildings are completed, the Society should follow up and ensure that the Developer gives Conveyance, Occupancy Certificate and regular Water Connection within 4 months from the date of handing over of the new flats to the members of the Society.
  • 98.
    After construction ofthe Buildings are completed, the Society should follow up and ensure that the Developer gives Conveyance, Occupancy Certificate
  • 99.
    Things to knowabout redevelopment of housing projects • Legal aspects • Given the extent of malpractices happening in this area, it is advisable for the society members to appoint a lawyer before signing a contract with the builder. The most appropriate method to select a builder is through tendering process. • The members should agree to vacate only after the developer has secured necessary legal approvals and permits for redevelopment as well as when agreement has been registered.
  • 100.
    It is advisablefor the society members to appoint a lawyer before signing a contract with the builder
  • 101.
    Things to knowabout redevelopment of housing projects • Security deposit • The developer is responsible for giving a security deposit to the society members. The amount must be equal to the entire redevelopment cost.
  • 102.
    Things to knowabout redevelopment of housing projects • Bank guarantee • The developer is responsible for giving a bank guarantee of at least 20 per cent of the project cost.
  • 103.
    Things to knowabout redevelopment of housing projects • Transfer of development rights (TDR) • Members of the society need to ensure that the developer purchases the additional TDR and loads it on the society. • They should confirm this before vacating their house since if the TDR rules change after vacating, the builder might not be able to give the extra flat area he had promised.
  • 104.
  • 105.
    Things to knowabout redevelopment of housing projects • Alternative Accommodation • The developer is liable to provide alternate accommodation for the society inhabitants, preferably in the same area. Or, should at least agree to advance payments for a year for the member's monthly rent. The members are also entitled to seek cost of shifting from the developer.
  • 106.
  • 107.
    Things to knowabout redevelopment of housing projects • Documents • A society planning to undertake redevelopment must possess registration certificate, an original building plan, a lease deed/sale deed, a copy of resolution, an agreement and a title certificate. Property card and an NA (non-agricultural) order are additional requirements for the process. • The society's name must appear in the property card maintained by City Survey Office as the owner or the subsisting lessee. Else, the society would not be eligible to go for redevelopment as Municipal Corporation will not permit demolition of existing structure and reconstruction.
  • 108.
    Do’s and Don’tsfor the Society members • It is important to understand that the responsibility of a society redevelopment project lies equally on the shoulders of the builders (real estate developers) as well as the society members. Many society members take things for granted, and by the time they realize their folly, it may get too late
  • 109.
    Do’s and Don’tsfor the Society members
  • 110.
    Do’s and Don’tsfor the Society members • The best approach is to have an extremely detailed agreement, where every clause is discussed upon and written down after mutual understanding. • Let us go through some of the important dos and dont’s that tenants need to remember for the successful redevelopment of their building.
  • 111.
    The best approachis to have an extremely detailed agreement
  • 112.
    Do’s and Don’tsfor the Society members • Do’s • Before you finalise a developer, get your facts right with regards to the incentive limit against FSI (Floor Space Index) that varies across different cities and areas. Your efforts should be to get more incentive limit that benefits all the society members. • Make sure that when the building redevelopment plan is laid out, there is a clear transparency about which society member is getting how much space from the builder, and / or is buying how much additional space. This would help to avoid any discrepancies later.
  • 113.
    Before you finalisea developer, get your facts right with regards to the incentive limit against FSI (Floor Space Index)
  • 114.
    Do’s and Don’tsfor the Society members • Keep a tap on the reimbursement parameters with regards to your house rent, which should be equivalent to the prevalent prices in and around your locality. • You also need to check whether the builder agrees to pay for the relocation (movers and packers) in any of the clauses.
  • 115.
    You also needto check whether the builder agrees to pay for the relocation
  • 116.
    Do’s and Don’tsfor the Society members • You need to get your information right about the annual increase in house rent near your locality. This will help you to get the correct rental escalation clause in the agreement, as the redevelopment process will take a few years. • Openly discuss about the additional amenities that the builder plans to provide after the completion of the redevelopment project. This will have a direct impact on your post redevelopment maintenance costs, which are bound to be higher than earlier. • Hence, it is necessary that every member of your society is aware about it and agrees to it. Accordingly, you can ask the builder to reduce or increase amenities like garden, play room, covered parking, additional lift, etc.
  • 117.
    Openly discuss aboutthe additional amenities that the builder plans to provide after the completion of the redevelopment project
  • 118.
    Do’s and Don’tsfor the Society members • Ensure the builder deposits the right percentage of the collected amount in a separate account only for your building. This way you can keep a track on the expenditure and make sure that your funds are not being utilized for any other buildings being developed by the same builder. • Ensure that the exact time-frame for development of the building is clearly stated in the agreement by the builder. And get a proper delay penalty clause, mutually agreed between your society members and the builder. • Be smart enough to make it clear to the builder about having the approvals in place for any additional floors that he wishes to construct. This has often been the reason of delay for several projects.
  • 119.
    Be smart enoughto make it clear to the builder about having the approvals in place for any additional floors that he wishes to construct
  • 120.
    Do’s and Don’tsfor the Society members • Dont’s • Do not be in a hurry to select a developer to handle your redevelopment project. Get in touch with several builders and patiently look at what they have to offer. • Do not approve a builder quickly after his offers are liked by every society member, without any legal consultation from at-least two different qualified professionals. This helps you to ensure that all approvals are in place, and that you are not being offered something that may not be legally possible.
  • 121.
    Do not bein a hurry to select a developer to handle your redevelopment project
  • 122.
    Do’s and Don’tsfor the Society members • Do not opt for a builder who has delayed at-least one of his earlier development or redevelopment projects. A proper check of the history of the builder’s work is extremely important for this purpose. And this can be done by interacting with the existing residents of some of the builder’s residential properties. • Do not allow the builder to place the non- compliance or non-approval responsibility on some one else. Ensure that the builder has right contacts and is confident of getting all regulatory approvals in time.
  • 123.
    Do not optfor a builder who has delayed at-least one of his earlier development or redevelopment projects
  • 124.
    References • Alerts andAwareness in Redevelopment of Housing Societies • www.redevelopmentofhousingsocieties.com/.../redevelopment.../18-alerts-and- awaren... • Corruption, Dishonesty and Frauds in Redevelopment • www.redevelopmentofhousingsociety.com/.../corruption-dishonesty-and-frauds-in- re... • Guide to Combating Corruption & Fraud in Development Projects • https://guide.iacrc.org/ • Realty Frauds and Scams - Redevelopment of Housing Societies • www.redevelopmentofhousingsocieties.com/realty-frauds-and-scams.html • Redevelopment Procedure & Guidelines - Redevelop Mumbai • www.redevelopmumbai.com/redevelopment-procedure-guidelines.html • Redevelopment of housing society • www.redevelopmentofhousingsociety.com/ • Redevelopment • https://en.wikipedia.org/wiki/Redevelopment • Things to consider If You Are Heading For Redevelopment • https://www.makaan.com › IQ › Buy & Sell
  • 125.