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HIGH-RISE BUILDINGS NOW PERMITTED ON NARROW ROADS

As per the DCPR 2034, no extra construction benefits were available for buildings proposing redevelopment due to non-permissibility of loading the TDR with access roads having less than 9 mtrs width and such redevelopment proposals were not processed for the want of a solution as to how to deal with roads having narrow access. In this regards, various representations were received from Public Representatives, Developers’ Association, Architects and PEATA as these buildings were in much dilapidated state.

To avoid over-crowding in the city and avoid pencil-thin high-rises, the DCPR 2034 which came into force in September 2018, had capped the building height and the FSI for plots by linking it to the width of the fronting road. Narrower the road, lesser is the vertical limit for development alongside it.

The fate of those who resided along 9 mtrs roads, the DCPR 2034 stipulated that buildings on 9 mtrs roads would be entitled to only 1.33 FSI in the island city as against 1.5 FSI as per DCR 1991 and those living in the suburbs would get I FSI as against 2 FSI earlier. The DCPR 2034 further stipulated that roads more than 9 mtrs in width but less that 12.2 (40 feet) will get 2 FSI in the island city as against the earlier 1.5. In case of the Suburbs there is no Change.

A new policy has now paved way for such developments for narrower plot widths having 9 mtrs width. According to the new policy, constructions of more than 32 mtrs in height (buildings with 10 or more storeys) are now permitted even for the open plots with less than 9 mtrs frontage or access provided, they abut a public road or a street that is at least 9 mtrs wide. The new policy so approved, has also lifted the curbs on additional FSI for such developments.

Accordingly, a full FSI of 2 that is available for cases where the fronting road is 9 mtrs wide, will now also be given for plots that “partly abut public street or road of width 9 mtrs or more even when the width of such abutment or approach is lesser. There are also various cases where portions of two or more plots were combined for an access to a building from a public road. In such cases, the proposals were not being processed for the lack of a policy on how to deal with such pipe accesses.

However, the BMC has clarified that high-rise developments will continue to be barred if the fronting road is less than 9 mtrs wide. For the plots that about 6 mtrs width and the approach segments are at least 3.6 mtrs wide, it has permitted buildings of 15 mtrs i.e. five storeys to 32 mtrs i.e. ten storeys in height. While relaxing the norm, BMC has imposed special conditions for fire safety for such developments. The experts are of the opinion that new policy will encourage redevelopment of smaller plots. It will especially benefit single building developments in the suburbs of Mumbai.

The detailed Circular with certain fire safety requirements is reproduced hereunder: 

MUNICIPAL CORPORATION OF GREATER MUMBAI   

OFFICE OF THE CHIEF ENGINEER

DEVELOPMENT PLAN

No. Ch.Engg./DP/3310/Gen. of 31/7/2020

 
CIRCULAR

Sub. Policy for allowing development of residential plots with smaller width of abutment to public street/road,

There are many cases where plot/s abut public street/road. However, width of abutment to such public street/road is smaller than 9.00 mtrs. There are various cases where width of abutment of two or more plots combinedly provide access to buildings in the plots from public street/road.

Representations were received to consider such cases for allowing development on such plots.

Provisions with respect to requirement of access to any plot are very clear in DCPR'34 and are not dealt herewith. However, where plot/s abuts the public street/road, but width of abutment of plot is less than 9.00 mtrs will be processed as per the policy herewith.

A. For residential building having height less than 15 mtrs, Fire Safety requirements

Whenever plot/s partly abut public street/road of width 6.00 mtrs or more and width of such abutment and/or approach is min. 3.60 mtrs for entire length, as the width of approach of 3.60 mtrs width is not sufficient for fire appliances to reach up to the proposed building, the fire appliances will be parked on the main road/public street and further firefighting operations will be carried out manually and with the help of inbuilt fire safety measures as recommended below:

1. Approach to proposed building from public street/road shall not be less than 3.60 mtrs wide.

2. The clear open space of the proposed building from plot boundary in alignment of approach shall be minimum 3.60 mtrs.

3. The said public street/road of minimum 6.00 mtrs width shall be connected to another road having width of minimum 6.00 mtrs for easy manoeuvrability of fire appliances in case of an emergency. Traffic department's/traffic consultant's certificate to that effect shall be submitted along with proposal.

4. The length of the approach from the main road to the point from where, the plot widens to full width within plot/s, shall not be more than 100 mtrs.

5. Down Corner of internal diameter 10 cms of G.I. "C" class pipe along with booster pump of 450 litres per minute capacity shall be provided in the duct or niches adjoining the staircase with hose reel at each floor & on ground floor. Pressure reducing discs or orifice shall be provided at lower level so as not to exceed pressure of 5.5 kgs/sq. cms. The riser shall be extended up to topmost floor/ terrace level & shall be installed such that it will not reduce the flight width of the staircase.

6. A fire service inlet on the public street/main road side as well as on the external face of the building directly fronting the courtyards shall be provided to connect the mobile pump of the fire service to the rising mains of Down Corner.

7. Minimum two courtyard hydrants shall be provided within the confines of the site of the down corner in accordance with I.S. specification.

8. Smoke detectors shall be installed in Lift Machine room and Electric Meter Room in accordance with I.S. specification.

9. The building shall be provided with manual fire alarm system with main control panel at ground floor level & pill boxes & hooter at each floor level. The same shall be in accordance with 1.S. specification. One fire extinguisher of 06 kgs capacity each with BIS Certification mark shall be provided in electric meter room, lift machine room & on each floor.

10. Over Head Water Storage Tank for firefighting purpose at Terrace Level of minimum 5,000 litres capacity is mandatory.

11. Staircase/s provided shall be having minimum width as per the provision of DCPR 2034.

12. Government approved Licensed Agency registered under The Maharashtra Fire Prevention and Life Safety Measures Act, 2006 for fire safety measures (referred as Licensed Agency) shall be appointed. Schematic drawings pertaining to fire prevention & fire safety measures shall be submitted along with proposal by the Licensed Agency.

13. The self-declaration regarding the maintenance of all the fire-fighting measures provided in the building from the Licensed Agency minimum up to 03 years shall be submitted by the Owner/Occupier of the said building at the time of submission of building completion certificate in online single window system through Auto DCR and same shall be renewed time to time.

14. Certification from Licensed Agency regarding provision of all the fire-fighting measures in the building are from the approved Licensed Agency registered under The Maharashtra Fire Prevention and Life Safety Measures Act, 2006 shall be submitted at the time of submission of building. completion certificate as per Common Completion Application process as per EODB including joint site visit by concerned departments and issuance of completion will be followed.

15. Certification from Licensed Agency regarding provision of all the fire-fighting measures in the building are from the Licensed Agency registered under The Maharashtra Fire Prevention and Life Safety Measures Act, 2006 shall be submitted at the time of submission of building completion certificate through single window system through Auto DCR.

16. Certification from Licensed Agency regarding the maintenance of all the fire-fighting measures provided in the building initially for period of minimum 3 years, shall be submitted at the time of submission of building completion certificate through single window system through Auto DCR.

17. Undertaking regarding the maintenance & to keep the entire fire service inlet as well as all other firefighting installations/equipment in good working condition all the time shall be submitted by the Owner/Occupier of the building. as per Section 3 of The Maharashtra Fire Prevention & Life Safety Measures Act-2006 and Form B shall be submitted in the month of January & July to Fire Brigade Department as per the provisions of Sec 3 of Maharashtra Fire Prevention & Life Safety Measures Act

B. Residential building having height 15 mtrs and above upto 32 mtrs

Whenever plot/s partly abut public street/road of width 6.00 mtrs or more and width of such abutment and/or approach is min. 3.60m for entire length, as the width of approach of 3.60 m width is not sufficient for fire appliances to reach to the proposed building the fire appliances will be parked on the main road/public street and further firefighting operations will be carried out manually and with the help of inbuilt fire safety measures as recommended below:

1. Approach to proposed building from public street/road shall not be less than 3.60 mtrs. wide.

2. The clear open space of the proposed building from plot boundary in alignment of approach shall be minimum 3.60 mtrs.

3. The said public street/road of minimum 6.00 mtrs. width shall be connected to another road having width of minimum 6.00 mtrs for easy manoeuvrability of fire appliances in case of an emergency. Traffic department's/traffic consultant's certificate to that effect shall be submitted along with proposal.

4. The length of the approach from the main road to the point from which plot widens to full width within plot/s shall not be more than 100 mtrs.

5. Minimum two lifts will be provided in such buildings, out of which one will be fireman evacuation lift with the requirement as per MGC/A/5801 dated 25.01.2018 and as per illustrative sketches attached. Fireman evacuation lift can be used as passenger lift unless in case of emergency.

6. Alternate supply shall be provided to Fireman Evacuation Lift, fire lift, fire pumps, sprinkler pump & jockey pump.

7. Wet riser-cum-down corner of internal diameter 10 cms of G.I. "C" class pipe along with booster pump (900 1pm capacity) & fire pump (1400 1pm capacity) & sprinkler pump shall be provided in the duct or niches adjoining the staircase with single hydrant outlet and hose reel at each floor & on ground floor. Pressure reducing discs or orifice shall be provided at lower level so as not to exceed pressure of 5.5 kgs/sq. cms. The riser shall be extended up to topmost floor/terrace level & shall be installed such that it will not reduce the flight width of the staircase.

8. A fire service inlet on the public street/main road side as well as on the external face of the building directly fronting the courtyards shall be provided to connect the mobile pump of the fire service to the rising mains of Wet riser cum down corner system as well as sprinkler system.

9. Automatic Sprinkler System shall be provided in the entire building including lift lobby, common corridor, each habitable room in each flat and other prominent areas.

10. Minimum two courtyard hydrants shall be provided within the confines of the site of the wet riser in accordance with I.S. specification.

11. Smoke detectors shall be installed in Lift Machine room and Electric Meter room in accordance with I.S. specification.

12. The building shall be provided with manual fire alarm system with main control panel at ground floor level & pill boxes & hooter at each floor level. The same shall be in accordance with I.S. specification.

13. One fire extinguisher of 06 kgs capacity each with B1S Certification mark shall be provided in electric meter room, lift machine room & on each floor.

14. For firefighting purpose Underground water storage tank of minimum 50,000 litres capacity & Overhead water storage tank of minimum 20,000 litres capacity is mandatory.

15. Staircase/s provided shall be of enclosed type having minimum width as per the provision of DCPR 2034 (Reg. 37-Table No. 16).

16. Fire Resistant Door having 01-hour fire rating shall be provided at staircase, main entrance and kitchen of each flat.

17. Government approved Licensed Agency registered under The Maharashtra Fire Prevention and Life Safety Measures Act, 2006 for fire safety measures (referred as Licensed Agency) shall be appointed. Schematic drawings pertaining to fire prevention & fire safety measures shall be submitted along with proposal by the Licensed Agency.

18. Certification from Licensed Agency regarding provision of all the fire-fighting measures in the building are from the approved Licensed Agency registered under The Maharashtra Fire Prevention and Life Safety Measures Act, 2006 shall be submitted at the time of submission of building completion certificate as per Common Completion Application process as per EODB including joint site visit by concerned departments and issuance of completion will be followed.

19 The self-declaration regarding the maintenance of all the fire-fighting measures provided in the building from the Licensed Agency minimum up to 03 years shall be submitted by the Owner/Occupier of the said building at the time of submission of building completion certificate in online single window system through Auto DCR and same shall be renewed time to time.

20 .Certification from Licensed Agency regarding provision of all the fire-fighting measures in the building are from the Licensed Agency registered under The Maharashtra Fire Prevention and Life Safety Measures Act, 2006 shall be submitted at the time of submission of building completion certificate through single window system through Auto DCR.

21. Certification from Licensed Agency regarding the maintenance of all the fire-fighting measures provided in the building initially for period of minimum 3 years, shall be submitted at the time of submission of building completion certificate through single window system through Auto DCR.

22. Undertaking regarding the maintenance & to keep the entire fire service inlet as well as all other firefighting installations/equipment in good working condition all the time shall be submitted by the Owner/Occupier of the building as per Section 3 of The Maharashtra Fire Prevention & Life Safety Measures Act-2006 and Form B shall be submitted in the month of January & July to Fire Brigade Department as per the provisions of Sec 3 of Maharashtra Fire Prevention & Life Safety Measures Act.

NOTE:

(a) The proposals as mentioned above for the residential buildings up to height of 32 mtrs. with smaller width of abutment to public street/road as well as for any open space concession for the residential building below 32 mtrs. Due to hardship shall be strictly adhered to the fire safety measures at (a) 01 to 18 & (b) 01 to 22 above respectively & the compliance of the same shall he obtained from Licensed Agency as per the provisions of Maharashtra Fire Prevention & Life Safety Measures Act, 2006.

(b) No separate NOC from CFO needs to be obtained even if proposal involves relaxations due to hardships in open space other than open space insisted in the policy.

(c) The process to obtain completion certificate for compliance of fire will be as per EODB.

C. Residential building having height more than 32 mtrs

Whenever plot/s partly abut public street/road of width 9.00m or more and width of such abutment and/or approach is min. 4.50 mtrs for entire length , as per reg. 12(2) read with Reg. 2 (1V) (75) of DCPR'34, all such proposals will be scrutinized by Fire Department with respect to access, staging area etc. & NOC/remarks regarding the same will be offered with justification by Fire Department, wherever required, approval of Hon. M.0. shall be obtained.

NOTES:

The word abutment and/or access to plot/s specified in paragraphs above, shall mean and include any narrow access which is a part/portion of same plot or any narrow access which includes a portion of other plot/plots or common access which is commonly used with any other adjoining plot/plots for common access. The width of abutment/access shall be considered as total width of abutment/access of the same plot as well as adjoining plot which is jointly used as common access by the plot holders.

List of Licensed Agency can be obtained from https://www.mahafireservice.gov.inby accessing Tab List of License Agency.

Where NOC is already issued by CFO before the date of this circular, building permissions shall be processed as per these NOCs.

                                                                                                                                                                                       Sd/-

                                                        (I. S. Chahal)

                                           Municipal Commissioner

                                                                                                                                             Sd/-                                  Sd/-

  Ch. Eng. (P) & DMC (SE)            CFO/W 141C..CDM9

 

 

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TENANTS OF NON-CESSED BUILDINGS TO GET OWNERSHIP FLATS AFTER REDEVELOPMENT

For the first time, the Brihanmumbai Municipal Corporation has eased norms for the redevelopment of old and dilapidated non-cessed buildings in the metropolis and suburban Mumbai. One of the major changes that have been brought about is the tenants of these non-cessed buildings constructed between 1969 and 1996 will become owners of flats post the redevelopment of the structure.

With an aim to boost the redevelopment of such buildings, this new policy will give Developers 50% extra Floor Space Index known as FSI (a ratio that decides the buildable area on a plot) as a saleable component. The policy has also reduced the minimum consent required from the tenants of the buildings from the earlier 70% to 51%.

The tenants will be given a minimum of a 300 sq.ft house in the redeveloped building. Also, if a tenant has transferred his pagdi system flat in the name of another person after completing the required legal formalities, the new occupant will have equal rights and will be eligible to get accommodation on ownership basis after redevelopment.

The most important factor in this new policy is the incentive FSI. The Developers would get 50% extra FSI as a saleable component. For example, if there are 30 flats, each 200 sq.ft big, after redevelopment, every tenant will get a 300 sq.ft house; the total area of the 30 houses will be 9,000 sq.ft and the Developers will get 50% or 4,500 sq. ft. that he can sell in the open market for profit. Earlier such incentives were given only to the cessed buildings which are now extended to non-cessed buildings.

However, the condition in this policy that the building has to be a declared dilapidated structure is not really going to pace the redevelopment process. This policy applies to those non-cessed buildings which will be declared as dilapidated by the BMC which again is questionable and debated by the tenants or at times even manipulated by the Developers. In case of cess buildings the condition is simple that the buildings should be more than 30 years and the same norms should have been extended in case of non-cessed buildings too.

It is estimated that there are nearly 50,000 such buildings in Mumbai that would benefit from the new rules which have been incorporated in the new Development Control and Promotional Regulations 2034 (DCPR 2034) through a modification.

These non-cessed buildings are located across the city, but a majority are in the island city. Their redevelopment was stuck as Developers were not given any incentives. Further, there was absence of clearly defined criteria for tenants. Under the new provisions, the BMC can decide the eligibility of tenants who would benefit from the redevelopment.

The tenants have to provide the documents proving the eligibility (Pre-June 1996) i.e. Ration Card, Voter Id Card, Driving License, Pan Card, Passport, Bank Passbook, School-Leaving Certificate, Electricity Bill, Rent Receipt, Agreement Copy etc. The rules further state that the tenants are entitled to get more area than they currently occupy i.e. minimum area will be 300sq.ft and maximum 1,292sq.ft free of cost. If their area crosses the maximum cap, then such tenant will have to pay construction cost of the additional area to the Developers.

The new rules also state that if two to five tenanted buildings on different plots are amalgamated as cluster for joint redevelopment, the Developers will get 60% incentive FSI of the total area required to rehabilitate the existing tenants, in form of additional construction rights. If more than five such plots are merged, the incentive FSI will be 70%. The landowner requires consent of 51% of the total residents to go for redevelopment and must rehabilitate all the existing tenants in the new structure.

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NEW REDEVELOPMENT RULES

UNDER SECT.79 (A) OF MCS ACT, 1961

W.E.F. 4th JULY, 2019

GOVERNMENT OF MAHARASHTRA

Department of Co-operation, Marketing and Textiles

Government Resolution No: Sa. Gru.Yo-2018/Pra.Kra.85/14-Sa, Dt. 4th July, 2019.

Vide: -

Government Resolution No: Sa. Gru.Yo-2007/Pra.Kra.554/14-Sa, Dt. 3rd January, 2009.

Preface: -

The Redevelopment Schemes of the buildings belonging to Co-operative Housing Societies are extensively being undertaken in the State of Maharashtra. Several complaints are received from the Housing Societies, Housing Federation and individual members regarding the management of Co-operative Societies which are in the midst of redevelopment. By and large, the nature of complaints received in the matter of redevelopment of Co-operative Housing Societies is as follows:

1. Not taking members in confidence in the Redevelopment Process;

2. Non-transparency in the Tendering Process;

3. Arbitrary appointment of Developers;

4. Conducting business in violation of the Co-operative Law, Rules and Bye-Laws; Lack of co-ordination in the work to be done by the Architects and Project Consultants;

6. Non-Planning of Redevelopment Project Report;

7. Not adopting a fair procedure for the finalization of tenders;

8. Non-Parity in the Agreements to be executed with Developers.

The Government vide Government Resolution dt. 3rd January, 2009 has prescribed procedure for the Redevelopment of buildings belonging to the Co-Operative Housing Societies by giving directions under Section 79(A) of the Maharashtra Co-operative Societies Act, 1960. Taking into account the nature of complaints set out herein above and for accelerating the process of Redevelopment in the State, it has become imperative to modify the Government Directives dated 3rd January, 2009. In view of this fact, the Government contemplated the matter of issuing revised guidelines in this regard. In furtherance thereof, the Government in supersession of the Government Resolution dt. 3rd January, 2009, hereby proceeds to give the following Directives under Section 79(a) of the Maharashtra Co-operative Societies Act, 1960 w.e.f. 4th July,2019.

Government Resolution: -

1.   If any Competent Authority has declared the building of a co-operative housing society as ruinous or dilapidated buildings or dangerous for inhabitation or as posing danger to the passers-by or any structure or place in the neighbourhood and the society is eligible to redevelop the building under the Development Control Regulations, then such society in its Special General Meeting can take a decision regarding redevelopment of the building.

 2.   These directions shall apply to all kinds of redevelopment such as redevelopment carried out by a Developer under an agreement, Self-redevelopment, cluster redevelopment in Federal Societies, redevelopment by a group of societies etc. All the procedure prescribed for the appointment of a Developer shall apply to all the above stated kinds of redevelopment, the appointment of a Contractor or the development carried out under an agreement.

 3.   The decision regarding redevelopment of the buildings of housing societies shall be taken in the Special General Meeting (SGM) of the society held as per the registered Bye-Laws of such society in accordance with the procedure prescribed by these guidelines.

 4.   The Authorised Officer/Administrator appointed by the Registrar cannot take the decision regarding redevelopment of the buildings of co-operative housing societies.

Convening Special General Meeting (SGM) for the Redevelopment of Society Building: -

It will be essential that not less than 1/5th members of the co-operative housing society whose buildings are to be redeveloped should submit an application addressed to the Secretary of the Managing Committee of the society duly elected and constituted as per the Bye-Laws of the society and under the law for convening the Special General Meeting for deciding the policy in the matter of redevelopment of buildings belonging to the society together with their schemes and suggestions regarding redevelopment of such buildings. The Managing Committee shall take note of such application within 8 days of the receipt thereof and the Secretary of the society shall convene a Special General Meeting of all members of the society within 2 months. Agenda of this Meeting should be circulated to each member of the society 14 days in advance and the acknowledgment thereof should be maintained in the record of the society. Before convening such meeting, the Managing Committee of the society shall invite quotations from minimum 3 Architects registered with the Council of Architects under the Architects Act, 1972/Project Management Consultants (PMCs) on the Panel of Government/Local Authority for the preparation of Project Report regarding redevelopment work of the building and of these persons one such PMC shall be selected at the Special General Meeting.

 1.   For the sake of transparency, the societies which have proposed redevelopment shall create a Website on the internet. All sorts of information concerned with the redevelopment such as Notices, Minutes and Project Management Consultant’s Feasibility Report etc. shall be placed on this Website. This information shall be accessible to the members of the society. The notices and minutes pertaining to such Project shall be communicated to the members by e-mail/in presence/registered post. To facilitate despatch of notices and minutes pertaining to the said Project, each member shall be required to furnish his e-mail id and contact details. The Registrar shall be informed about the said website. Moreover, the afore-stated information shall be displayed on the Notice Board of the Society for the information of the members.

 2.   The notices and minutes pertaining to the Managing Committee Meeting and Special General Meeting regarding redevelopment will have to be communicated to the office of the concerned Registrar within 15 days of such meeting being held by e-mail and hard copy. Such societies must maintain the acknowledgements in this regard.

Following Topic-Wise Business shall be conducted in the said Special General Meeting: -

1.   To take a preliminary decision after taking into consideration the requisitions and suggestions received from the members regarding redevelopment of the society building.

2.   To appoint an expert and experienced Architect/Project Management Consultant from the Panel of Government/Local Authority to monitor the redevelopment work of the building and to fix the aspects and terms/conditions of the work to be done by them.

3.   To present an outline of the programme pertaining to the redevelopment of the building.

To accept written suggestions from the members regarding redevelopment of the building: -

The members of the society can submit in writing their realistic schemes/suggestions and recommendations regarding redevelopment of the society building as well as the names of the experienced and expert Architects/Project Management Consultants on the Panel within their knowledge to the Managing Committee 8 days prior to the date of the meeting. However, they must present to the society the letters/offers from the Architects/Project Management Consultants indicating their willingness to undertake the said redevelopment related work.

Decisions to be taken in the Special General Meeting: -

(a) The quorum of the Special General Meeting convened for the redevelopment of co-operative housing society buildings shall be 2/3rd of the total membership strength of the society. If the quorum is not fulfilled, the said meeting shall be adjourned and with 7 days’ notice the meeting shall be re-convened within the next 1 month. If in this meeting too, the quorum is not fulfilled it shall be assumed that the members are not interested in the redevelopment of the society building and the meeting shall be called off and thereafter the said subject shall not be placed again at the Special General Meeting for its approval until the next 3 months. In the Special General Meeting the suggestions, recommendations and objections made by the members regarding redevelopment of the society shall be taken into consideration and the opinions expressed by the members in this regard shall be recorded in the minutes of the meeting along with their names. In this Special General Meeting, the preliminary decision as to whether the society should proceed with the redevelopment or not shall be approved by the majority of the members present which shall not be less than minimum 51% of the total membership strength of the society. For this decision, the approval of minimum 51% members of the total membership strength of the society shall be required. In this regard, the approval, opinion and remarks expressed in writing/orally or in any other mode of communication by any member absent in the Special General Meeting shall not be taken into consideration.

Thus, the said decision shall be approved by a majority of not less than 51% of the total membership strength of the society e.g. if total membership strength of a housing society is 100 then the quorum of the Special General Meeting convened for the redevelopment of the society shall be 66.66 i.e. 67 members and for the majority, approval of 51 or more of such members shall be required. In other words, if 67 members are present at the meeting the approval of 51 or more members out of these 67 members present shall be required for the majority. Furthermore, if 75 members are present then also the approval of 51 or more members out of these 75 members present shall be required for a majority and so and so forth.

(b) Following the decision on the approval of redevelopment the below mentioned business shall be conducted with the approval of the Special General Meeting as stated herein above.

1.   Appointment of an expert and experienced Architect/Project Management Consultant from the Panel of the Government/Local Authority for the redevelopment related work of the building and fixation of aspects of work and the terms/conditions thereof.

2.   Presentation of outline of the programme regarding redevelopment of the building.

To circulate Minutes of the Meeting to all Members: -

The Secretary of the society should prepare minutes of the above Special General Meeting and circulate a copy thereof to all the members within 7 days and acknowledgements thereof should be maintained in the record and a copy thereof ought to be presented to the office of Registrar.

To obtain written consent letters from the members agreeing for proceeding with redevelopment: -

After decision as to redevelopment of the society is passed by a majority of not less than 51% of the total members as stated herein above, it would be necessary to obtain written consent letters of the members who exercise their vote in favour of the resolution for redevelopment in order to enable the Managing Committee to proceed with redevelopment.

To issue an Appointment Letter to the Architect/Project Management Consultant: -

The Secretary of the society shall issue an appointment letter to the Architect/Project Management Consultant selected at the Special General Meeting within 30 days of the date of the meeting and the Committee shall enter into a Work Contract Agreement with the Architect/Project Management Consultant on the terms and conditions approved at the Special General Meeting.

Works to be done by the Architect/Project Management Consultant at the initial stage: -

(a) To carry out survey of the land and building of the society.

(b) To obtain information regarding conveyance of the society land.

(c) To obtain information regarding FSI and TDR that would be available as per the buildings and land of the society in view of the prevailing policy of the Government under DCPR,2034 as well as the Regulations of MHADA/SRA/Municipal Corporation that would be applicable from time to time on the basis of title of the land. Accordingly, the concerned societies would be required to take action in that regard.

(d) To prepare a realistic Project Report/Feasibility Report by taking into consideration such factors as the residential area, commercial area, open spaces, garden, parking, construction specifications etc., to be furnished to the members in the light of suggestions and recommendations made by the members of society regarding redevelopment.

(e) The Architect/Project Management Consultant should prepare Project Report/Feasibility Report within two months of the date of his appointment and submit the same to the Managing Committee of the society.

Action to be taken on the receipt of the Redevelopment Project Report: -

(a) The Secretary of the society shall convene a meeting of the Managing Committee on the receipt of Redevelopment Project Report as aforesaid. In this meeting, the Architect/Project Management Consultant would be invited and a sanction would be sought for the Project Report/Feasibility Report in the light of suggestions made by the members in the meeting. He would put up a notice of the said meeting on the Notice Board of the society, specifying such details as the time and venue of the meeting etc. In this notice each member would be apprised of the fact that a copy of the Project Report/Feasibility Report so received would be available for the inspection of members of the society in the office of the society and that they could submit their suggestions 7 days prior to the next x Managing Committee Meeting and the acknowledgments of such notice would be kept in the record. 

(b) The Secretary of the society shall forward the suggestions received from the members for the consideration of the Architect/Project Management Consultant 7 days prior to the Managing Committee Meeting as aforesaid.

(c) In this Managing Committee Meeting, a comprehensive discussion would be held on all factors such as the suggestions/recommendations of the members and the opinions of the Architect/Project Management Consultant. The Project Report/Feasibility Report with necessary modifications would be approved by a majority vote.

Thereafter the Draft Tender Document would be prepared and the date, time and venue of the next Managing Committee Meeting would be fixed for finalising the Draft Tender Document by holding discussion/deliberations thereupon. While preparing the Draft Tender Document the Architect/Project Management Consultant would keep either Carpet Area or Corpus Fund constant (non-fluctuating) and fix the other technical details so as to get competitive bids from the expert and experienced Developers and shall proceed to invite the Tenders.

The members of the society can inform the reputed and experienced Developers known by them about these things. In case of self-redevelopment too, the society and the Architect/Project Management Consultant should follow the above-mentioned procedure while preparing the Project Report/Feasibility Report, Tender Document and also at the time of invitation of Tenders from Contractors/Developers.

To declare the list of received Tenders: -

(a) On the last day for the receipt of Tenders, the Secretary of the society shall prepare a list of the Tenders so received and publish the same on the Notice Board of the society and its website.

(b) The Secretary of the society shall convene the Managing Committee Meeting of the Society within 15 days of the last date for the receipt of the Tenders. The bidders or their authorised representatives and the desirous members of the society cannot be barred from attending this Managing Committee Meeting. The Tenders so received shall be opened in the presence of all the persons present at the said meeting. The Architect/Project Management Consultant shall scrutinise all the Tenders and prepare a comprehensive chart thereof and if minimum 3 Tenders are received, shall approve such Tenders for keeping them at the Special General Meeting after verifying such factors as the merit, reputation, experience, competitive rates/offers etc. of the received bidders.

For the Tenders to be competitive, it is essential that minimum 3 Tenders should be received. However, if less than 3 Tenders are received initially, minimum one week’s extension should be granted. If despite such extension, less than 3 Tenders are received, then one week’s extension should be granted for the second time. In spite of all this, if less than 3 Tenders are received, as many Tenders as are received, shall be approved for keeping them at the Special General Meeting.

To select a Developer: -

(a) To get an Authorised Officer appointed by the Office of Registrar for the Special General Meeting: -

A Special General Meeting of the society shall be convened for the selection of a Developer from amongst the Tenders shortlisted by the Managing Committee of the society with the help of the Architect/Project Management Consultant by applying such diverse criteria as their experience, merit, financial capacity, technical competence, competitive rates/offers etc.

The Managing Committee should make an application accompanied by the list of members to the Registrar within 7 days for the appointment of an Authorised Officer so that the said Special General Meeting can be held in the presence of the Representative from the office of the Registrar of Co-operative Societies. The Registrar shall take a decision thereon and appoint an Authorized Officer. The shortlisted Developers or their Associates or Assistants should have minimum one project registered with the MAHARERA.

(b) To Convene a Special General Meeting for the finalization of Tender: -

The Secretary of the society shall convene a Special General Meeting by fixing the time and venue of the meeting with the prior permission of the Authorized Officer within one month of his appointment and shall despatch the agenda of this meeting to all the members by hand delivery or Acknowledgment Post -AD 14 days prior to the meeting and by e-mail in case of members residing outside India and shall keep acknowledgements thereof in the record of the society.

The Secretary shall upload this agenda on the website of the society which is created for the redevelopment work. The Representative from the office of the Registrar shall satisfy himself that the Authorized Representatives of the bidders whose Tenders are to be presented at the meeting are present at the said meeting.

Moreover, he shall make arrangements for the video recording of the Special General Meeting at the expense of the society. In this meeting, save and except the authorized/registered members, no one else can remain present. For this purpose, the authorized/registered members shall be required to carry their identity cards at the venue of the meeting.

For the presentation of redevelopment proposals for the sanction of the concerned Authority the selection of Developer and other business must be conducted in the presence of the Authorized Officer present from the office of the Architect/Project Management Committee.

(c) Where Special General Meeting does not have a quorum:

The quorum of Special General Meeting shall be 2/3rd of the total membership strength of the society. If quorum is not fulfilled the meeting, shall be adjourned for the next 7 days and if this meeting too does not fulfil the quorum, it shall be assumed that the members are not interested in the redevelopment of the society building and the meeting shall be called off and thereafter for the next 3 months the said subject shall not be brought for the approval of the Special General Meeting.

(d) The Proceeding at the Special General Meeting regarding selection of the Developer: -

The Authorized Officer from the office of the Registrar shall attend this meeting and observe the proceedings at the meeting. Furthermore, when the required representatives and the Authorized Officer remain present at the appointed venue and time of this meeting and when the 2/3rd quorum as described above is fulfilled, the procedure of the meeting shall be conducted as follows: -

1.   To give comparative information regarding the Tenders shortlisted for presentation (regarding redevelopment work).

2.   To present the Tenders serially (Presentation of Tenders).

3.   To select one Developer for the redevelopment of building on stipulated terms and conditions and finalization of Tender.

4.   To obtain consent of the Developer who is so selected.

5.   To obtain information about further developments.

It shall be necessary to obtain written approval of the members present for the appointment of Developer which shall not be less than minimum 51% of the total membership strength of the society. In this regard, the approval, opinion and remarks made in writing/orally or in any other mode by any members absent at the Special General Meeting shall not be taken into consideration. If any shortlisted Developers or their representatives if do not attend then the said meeting’s further proceedings shall be conducted by assuming their consent for the said project.

Development Agreement to be executed with the Developer:

The Development Agreement should be executed with the selected Developer within 3 months from the date of his selection subject to the terms and conditions approved by the Managing Committee of the society under the guidance of the Architect/Project Management Consultant.

In this Development Agreement, besides the points suggested by the Architect/Project Management Consultant appointed by the society the following points too shall be included: -

1.   Depending upon the size of the redevelopment project, the period for the completion of society redevelopment/construction project shall not exceed 2 years from the date of issue of first/plinth erection certificate and in exceptional circumstances shall not exceed 3 years.

2.   The Developer shall give a Bank Guarantee to the society, to the extent of 20% of the total value of the Redevelopment Project.

 3.   During the period of redevelopment, the Developer shall furnish alternative accommodation to the members as far as possible in the same area pending completion of project or shall make arrangements to pay monthly rent and deposit as is agreeable to the members or shall make available such transit camps.

 4.   The Development Agreement with the society and the Permanent Alternate Accommodation Agreements (PAAAs) with the individual members shall be registered under the Registration Act, 1908.

 5.   New members shall be admitted to the society only on the completion of redevelopment project with the approval of the Special General Meeting of the society.

 6.   Carpet area to be offered should be clearly mentioned in the Agreement as required by the Real Estate (Regulation and Development) Act, 2016.

 7.   Redevelopment Rights given to the Developer shall be Non-Transferable.

 8.   Tenement holding members shall vacate their tenements only after all legal sanctions are accorded for the building redevelopment and upon the registration of Permanent Alternate Accommodation Agreements executed with the individual members.

 9.   The rights of the persons who are in possession of the flats shall remain intact.

 10.  The Work Contract Agreement between the Architect and the Society must contain a provision for the resolution of any dispute that may arise in the course of redevelopment work by virtue of Section 91 of the Act.

 11.  Upon the grant of Occupation Certificate, (OC) the flats in the redeveloped buildings should be allotted as far as possible by the present floor position and if a draw of lots becomes necessary for the allotment of flats the Developer should make arrangements for the draw upon completion of the building and at such time the flats should be allotted by a draw of lots in the presence of Registrar’s Representative and these proceedings should be video recorded.

 12.  No committee member or office bearer of the society shall either be a Developer or his relation.

 13.  The Building Plans sanctioned by the Municipal Corporation/Competent Authority must be placed again before the Special General Meeting for its information and if a member desires to obtain a copy of the Sanctioned Papers he should make a written application to the society in that regard. Thereupon, the Managing Committee shall be duty bound to furnish such information by charging appropriate fees therefor.

To carryout Cluster Redevelopment of the Societies enjoying ownership rights of the land and which are affiliated to a Co-operative Housing Federation: -

1.   Societies having ownership right over the buildings and common areas can undertake cluster redevelopment in the name of and through the medium of Co-operative Housing Federation.

 2.   A Special General Meeting convened for the cluster redevelopment of the society buildings affiliated to a Co-operative Housing Federation shall have a quorum of 2/3rd of the total membership strength of the societies affiliated to such Federation.

 3.   Once the quorum is fulfilled in the Special General Meeting convened for the preliminary decision on the redevelopment of the buildings belonging to the affiliated co-operative societies, such decision shall be approved by a majority of members present which shall not be less than minimum 51% of the total membership strength of the affiliated societies. For this decision, the approval of minimum 51% members of the total membership strength of the affiliated societies shall be necessary. In this regard, approval, opinion or remarks made in writing/orally or in any other mode by any members absent at this Special General Meeting shall not be taken into consideration.

 4.   Before proceeding with the redevelopment of buildings belonging to the affiliated societies, such affiliated societies ought to accord their sanction in the following manner: -

For the purpose of redevelopment of buildings belonging to all the societies affiliated to the Federation, each society in its Special General Meeting, shall be required to fulfil 2/3rd quorum of its total membership strength and such resolution shall be approved by a majority of members present which shall not be less than minimum 51% of the total membership strength of such society.

In this regard, approval of minimum 51% members of the total membership strength of such society shall be required. Moreover, approval, opinion and remarks made in writing/orally or in any other mode by any members absent at this Special General Meeting shall not be taken into consideration.

Moreover, each society shall obtain written consent of all the members who have voted in favour of the resolution and shall submit its resolution and the written consents to the Committee of Federation or not less than 60% members of the total membership strength of all the societies affiliated to the Federation shall be required to vote in favour of the resolution and each society shall obtain written consent of all the members who have voted in favour of the resolution and shall submit its resolution and the written consent to the committee of the Federation.

Further procedure to be followed in the wake of preliminary decision on the cluster redevelopment of the societies as set out above shall be similar to the procedure for redevelopment of co-operative housing societies as described herein above.

While making any calculation during the course of procedure set out in this Government Resolution any fraction shall be converted into higher integer.

By the order and in the name of the Governor of Maharashtra.

Kamlakar Sitaram Badgujar

Work Desk Officer, Government of Maharashtra

Copy: -

1. The Private Secretary to the Hon’ble Minister (Co-operation),

2. The Private Secretary to the Hon’ble Minister of State (Co-operation),

3. The Principal Secretary (Co-operation), Co-operation, Marketing & Textile Department, Mumbai,

4.The Additional Chief Secretary, Department of Revenue and Forest, Mantralaya, Mumbai,

5.The Additional Chief Secretary, Department of Housing, Mantralaya, Mumbai,

6.The Principal Secretary, Department of Rural Development, Mantralaya, Mumbai,

7.The Commissioner of Co-operation and the Registrar of Co-operative Societies, Maharashtra State, Pune,

8.All Divisional Joint Registrars, Co-operative Societies,

9.All District Deputy Registrars, Co-operative Societies,

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REDEVELOPMENT OF OLD BUILDINGS AND HOUSING SOCIETIES UNDER SECTION 33(7), 33(7)A AND 33(7)B

 

Section 33(7): Redevelopment of Cessed buildings in the Island City by Co-operative Housing Societies or of old buildings.

1. In the case of redevelopment of cessed building existing prior to 30/9/1969 undertaken by landlords or Co-operative Societies of landlords and Co-operative Housing Societies of landlords or occupiers, the total FSI shall be 3.00 of the Gross Plot Area or the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI whichever is more.

2. In case of composite redevelopment undertaken by landlords or Co-operative Societies of landlords and Co-operative Housing Societies of landlords or occupiers jointly of 2 or more plots but not more than 5 plots with cessed buildings existing prior to 30/9/1969, the FSI permissible will be 3.00 or FSI required for rehabilitation to exiting occupiers plus 60% incentive FSI, whichever is more, the occupier shall be eligible for 8% additional rehab Carpet Area.

3. Provided further that if the number of plots jointly undertaken for redevelopment are six or more with cessed buildings existing prior to 30/9/1969, the incentive FSI available will be 3.00 or FSI required of rehabilitation for occupiers plus 70% incentive FSI whichever is more and the occupier shall be eligible for 15% addition rehab Carpet Area.

Section 33(7)A: Redevelopment of dilapidated/unsafe existing authorized tenant occupied building in Suburbs and Extended Suburbs and existing authorized nan-cessed tenant occupied buildings.

1. In case of the plot consisting of only tenant occupied building, the FSI shall be equal to FSI required for rehabilitation of existing lawful tenant plus 50% incentive FSI and the occupier shall be eligible for 5% additional rehab carpet area.

2. In case of composite development i.e. the plot consisting of tenant occupied building along with non-tenanted building, the FSI available shall be equal to FSI required for rehabilitation of existing lawful tenant plus 50% incentive FSI plus FSI that has already authorized been utilized/consumed by the non-tenanted buildings/structures.

3. In case of composite redevelopment i.e. the plot consisting of tenant occupied building along with non-tenanted building, the FSI available shall be equal to FSI required for rehabilitation of existing lawful tenant plus 50% incentive FSI plus FSI that has already authorized been utilized/consumed by the non-tenanted buildings/structures.

4. No new tenancy created after 13/6/96 shall be considered.

Section 33(7)B: Additional FSI for Redevelopment of existing residential housing societies excluding buildings covered under Regulation 33(7) and 33(7)(A):

1. In case of redevelopment of existing residential housing societies excluding cessed buildings proposed by housing societies/landlords or through their proponents where existing members are proposed to be re-accommodated on the same plot, incentive additional BUA to the extent of 15% of existing BUA or 10 Sq. Mtrs. per tenement whichever is more shall be permissible without premium.

2. If staircase, lift & lift lobby areas are claimed free of FSI by charging premium as per prevailing Regulation then such areas to that extent will be granted free of FSI without charging premium.

3. If same is counted without charging premium as per prevailing Regulation then these areas may be availed free of FSI by charging premium as per these Regulations.

 

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CONSENT OF 51% FOR REDEVELOPMENT OF MHADA, CESSED, SRA AND SMALL BUILDINGS

 

To curb corruption and sabotage in redevelopment of all buildings, including private ones, the tenant consent clause has been relaxed. The State Government has approved Development Plan (DP) 2014-2034. However, the new DP 2034 has curtailed the rights of tenants residing in old residential buildings of Maharashtra Housing and Area Development Authority (MHADA), Cessed buildings and Slum Rehabilitation Authority (SRA) buildings. Earlier, to undertake redevelopment work of these buildings minimum 70% of tenants was required which has now been reduced to 51%. The reason given behind the move is to speed up the redevelopment projects in Mumbai city under the above scheme.

The Slum Redevelopment Authority (SRA) projects, however, will require consent from 70 per cent residents and they would be subjected to online clearance. If a Developer fails to start work within three months after taking up a project, the SRA will take over the work.

There is some good news for old societies, too. For private housing societies older than 30 years, 15% additional built up area will be allowed for each tenement without charging any premium. This will boost redevelopment of such societies too, as it will mean every tenant will get one additional room.

The new DP has moved the focus on island city again, while the base FSI has been kept the same to 1.33 in Island city, the maximum permissible FSI has been increased to 3, while there has been no change in the FSI in suburbs. Apart from the base FSI of 1.33, the Developer will be allowed to use TDR and also get additional FSI totalling up to 3 by paying a premium.

Earlier the usage of TDR was allowed only in suburbs and now it has been introduced it in the island city also. The reason is the population in the island city has been considerably reduced in the last few years and most development that takes place is redevelopment of old cessed buildings. This new FSI boost will help Developer to increase the scale of redevelopment.

In a further major relief for redevelopment of small buildings having fewer than 11 flat owners, now the requirement of consent of 51% would be enough instead of earlier of 70%. Most of the private smaller buildings registered under the Maharashtra Apartment Ownership Act (MAOA) shall now stand to benefit.

A minimum of 11 members is required to mandatorily register a housing society. Anything less than that means the tenement gets registered under the 1971 MAOA legislation.

The reduction in percentage of obtaining consent is to avoid delay in redevelopment projects. In other words, it has been decided to amend the MAOA so that instead of 70%, the flat-owners can go ahead with 51% consent. This move of government would certainly help people located in south Mumbai, Thane, Navi Mumbai and Pune.

Buildings which have been registered under the MAOA Act, including cessed buildings in south Mumbai, will benefit. With the Real Estate Regulatory Authority (RERA) in place, the government is considering amending both MAOA and the Maharashtra Ownership Flat Act (MOFA).

 

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