FAQ on Redevelopment

What is Society Redevelopment Model?

Model 1

Society invites a developer to take up a building project involving the construction of a new building with new FSI. The developer invests money, manages the project, gets approvals, and completes the construction. The society allows the developer to sell the additional salable area to recover costs and make a profit in proportion to the money invested and work done. Society receives extra carpet area, hardship compensation, corpus, rent, and other benefits.

Example: MHADA, Textile mill land, Cess properties, all Govt. owned property, SRA, Private Society where land rights remain with the existing society before and after the project.

Model 2

Society invites and offers development rights to a developer and demands benefits in cash or kind, such as extra carpet area, hardship compensation, corpus, rent, and other benefits. The developer's offer is in lieu of the entire development and sale rights of the society plot.

Example: A farmer or society selling land for development in lieu of money or benefits.

The problem: 80% of private societies have adopted this model due to ignorance and developers' high handiness or greed. 90% of architects, engineers, and advocates suggest this option due to a lack of research and analysis or easy money.

What is PMC's responsibility at a redevelopment site?

  • Equal and proportionate distribution of additional property created under redevelopment.
  • Project timeline should be as short as possible, ideally less than 4-5 years.

How to address members' issues raised during the process?

Option 1

Address queries as and when asked. This is easy for the Managing Committee (MC) and Project Management Consultant (PMC) but tough for members.

Option 2

Organize the entire process so that maximum information about the project reaches all members before any decision is made. This is tough for the MC and PMC but easy for members.

How to rely on solutions from project consultants, PMC, architects, and advocates?

Theory 1

Follow amateur or normal methods. Solutions are provided as issues appear, often leading to legal and technical challenges. This works better for corporate identities in the construction industry.

Theory 2

Follow a socialist PMC approach, which involves simplifying the project and information. It should be social first, then technical and legal, working better for non-corporate entities like housing societies. The entire project should be visualized through social, legal, technical, and financial angles in advance, with conceptual information provided to all members before decisions are made. This creates transparency and unity among members.

What documents are needed for the vetting process for redevelopment?

  • Conveyance of the property
  • Property Card in the name of the Society
  • Old Occupation Certificate along with Plans
  • CTS Plan
  • List of Allotment of Members along with the carpet area
  • Development Plan Remark

What are the necessary approvals needed, and how are they obtained?

A Cooperative Housing Society may provide a limited Power of Attorney to a developer to obtain the necessary approvals. Some essential approvals include:

  • NOC from the Chief Fire Officer
  • Traffic NOC
  • Storm Water NOC
  • NOC from BMC for water
  • NOC for a Borewell
  • Building Proposal Department’s approval, among others.

Are buyers protected, and if so, how?

The Real Estate Regulation and Development Act of 2016 (RERA) was introduced and passed by the Central Government of India to safeguard home buyers and encourage investment in the real estate industry. Buyers’ grievances can be directed to MAHARERA for quick resolution. The act covers the entire process of purchasing a home, as well as redevelopment.

What are the stages of redevelopment?

  • A Special General Body Meeting must approve the redevelopment of the project by a majority.
  • Appointing a legal and project management consultant to guide the housing society members through the procedure.
  • Obtaining bids from various developers/builders.
  • Vetting the bids and selecting a builder/redeveloper who meets the required legal and financial requirements.
  • Obtaining necessary approval for the plans from various regulatory bodies and then allotting the developer.
  • Obtaining the necessary signatures on the documents required for the process to proceed.
  • Fulfilling all financial and other commitments, ensuring the building is vacated, and handing over possession of the existing premises to the developer/builder.
  • Once the redevelopment project is completed, issuing the Occupancy Certificate and handing over possession to the owners.

Who can go into redevelopment?

Any building that has not utilized the full potential of the plot under the prevailing DC regulations can opt for redevelopment. This is subject to the housing society and the owner having a clear, marketable title.

How to choose the right developer for redevelopment?

  • The financial stability of the developer
  • Past performance
  • If there is any litigation against the company/group of companies
  • Whether the developer has adhered to all statutory payments and compliances

What are the precautions a housing society must take to safeguard the project?

Transparency is one of the most important factors during redevelopment. All necessary terms and conditions must be listed and documented beforehand. No conditions should be accepted orally. Illegal activities are absolutely not permitted during the process of redevelopment.

Will I receive the same offer as a neighbouring building?

There are several factors that go into determining the value of the offer. Each project’s feasibility varies based on factors like existing utilization of the building, the plot, how it is connected to the road, and sometimes even if road widening is needed.

How is redevelopment beneficial to a homeowner? What does one receive against redevelopment?

When a project is redeveloped, homeowners can receive several benefits, including:

  • Additional area over and above their existing carpet area
  • Hardship compensation
  • Reimbursement of rent
  • Brokerage charges, relocation charges, etc.

What kind of consensus is required to proceed with redevelopment?

A cooperative housing society must call for a Special General Body Meeting (SGM) and put the resolution for redevelopment of the property to vote. Once a majority of the members agree, the project can go ahead.

How is the project plan drafted? Who helps in drafting it?

The housing society must appoint an architect and project management consultant to draft the plan as per the DC rules. The plan can then be vetted by all stakeholders involved before approval. All members should be made aware of the project plan before it is finalized.

Is a structural audit mandatory for the redevelopment of a project?

A structural audit helps determine whether a building requires repairs or should go for redevelopment. It is mandatory to conduct a structural audit for a building that is more than 30 years old and for buildings that are in dilapidated condition.