Rule No. 7.10  Incentive for Green Buildings

The Authority shall strive to promote green building concepts within the municipal area, (2) CIDCO as Planning Authority by Virtue of NTDA. In order to do so it may impanel agencies of repute as listed/recognized by the State/Central Government. The following incentives shall be provided for green-rated buildings.

i) Green buildings shall be entitled for incentive FSI as below.

GRIHA Three star/IGBC Silver/LEED silver/The ASSOCHAM GEM or equivalent

rating - 3% incentive FSI on basic FSI.

GRIHA Four star/IGBC Gold/LEED Gold /The ASSOCHAM GEM or equivalent rating - 5% incentive FSI on basic FSI.

GRIHA Five star / IGBC Platinum/LEED Platinum/The ASSOCHAM GEM or equivalent rating - 7% incentive FSI on basic FSI.

Achieving minimum GRIHA Three star/IGBC Silver/LEED silver/The ASSOCHAM GEM or equivalent rating for construction projects shall be mandatory for all buildings belonging to Government, semi-government, local bodies, and public sector undertakings.

ii) Incentive FSI will be awarded after pre-certification from the impanelled agency. This FSI shall be exclusive of the limits specified in this UDCPR.

iii) In case the developer fails to achieve a committed rating as per pre-certification at the time of final occupancy, a penalty shall be imposed at the rate 2 times of the land cost as per ASR for the incentive FSI for the rating not achieved.

Related Regulations to Rule No. 7

Rule No. 7.0 in UDCPR 2020

Entitlement of FSI for Road Widening or Construction of New Roads or Surrender of Reserved Land in UDCPR 2020

Development and Redevelopment Of Staff Quarters Of the State Government or Its Statuary Bodies or Planning Authority in UDCPR 2020

Development and Redevelopment of Housing Schemes of Maharashtra Housing Area Development Authority in UDCPR 2020

Redevelopment of Existing Buildings in UDCPR 2020

Development of Housing for EWS and LIG in UDCPR 2020

Regulations for Development of Information Technology Establishment, Data Centers in UDCPR 2020

Regulation for Development of Biotechnology Parks in UDCPR 2020

Buildings of Smart Fin Tech Centre in UDCPR 2020

Commercial Buildings in CBD, Commercial, Residential Zone in Planning Authorities Areas in UDCPR 2020

Content Table:

• What is NA?
• NA from the terminology of Foot2Feet?
• NA from common facts in feasibility report
• Misconceptions of NA
• Process to do NA in a Municipal corporation
• Process of NA in a Non-municipal corporation
• Conclusion

Lands or plots are broadly classified into three major types; Agricultural land, Non-agricultural land (NA) and Forest land.

What is NA?

Non-agricultural land or NA is a type of land on which residential or commercial buildings, factories, and industries can be constructed. Whereas, agricultural lands are typically lands devoted to agricultural activities. It is illegal to construct a residential or commercial estate upon agricultural lands.

A. NA from the terminology of Foot2Feet:

Non-agricultural land or NA can be from different zones like Urbanizable Zone, Industrial Zone, Recreational Zone & Residential Zone or R-Zone. For NA land, zone plays an important role. Any land is by default agriculture land in India, except the land in Gaothan area. NA land is not necessarily to be residential all the time, and similarly residential land is not necessarily NA land always.

B. NA from common facts in feasibility report:

Feasibility is one of the primary steps that owners, developers or builders conduct. The feasibility report states the possibilities and written statements that your land or piece of plot is possibly fit to withstand your planned project. It may contain graphs, statistics, statements, and an in-depth analysis of certain components.

After buying NA it is important to see if the land is feasible or not for construction. It assists in the growth and development of papers of execution and determines the required permissions and approvals needed for NA.

C. Misconceptions of NA:

There are few misconceptions regarding the non-agricultural land which need to be eradicated. Listed below are some of the myths that are often associated with NA:

1. Tax benefits: It is a common assumption among people that there are no tax benefits in buying NA land as against buying pre-built houses. Yes, it is true that the interest payable on a loan taken to buy a plot of land is tax deductible only if that land is used for generating income, unlike a loan taken to acquire a property. However, the interest can be capitalized and added to the cost of acquisition of the plot, which can help in reducing the capital gain tax liability at the time of sale of the plot.
2. Cost: Buying a piece of land does not need tonnes of cash, as it is in the case of buying pre-built houses. A good land deal can be locked at a moderate investment of Rs. 5-10 lakhs in a good location which is quite capable of yielding worthwhile returns in the long term, usually 5-7 years, but 10-15 years is always a better bet.
3. Loans: It’s a misconception that banks do not provide loans for buying NA land. But, banks do provide financing for buying land from statutory bodies or reputed developers. However, the interest rates for buying land are about 1-2% higher when compared to regular home loans. Also, the tenure of such a loan is restricted to a maximum of 7-10 years.

D. Process to do NA in a municipal corporation:

Before carrying out any development on the agricultural land, the occupant of the land has to apply to the collector for permission to convert the use of agricultural land for any non-agricultural purpose.

After converting the agricultural land into NA land, it becomes easier to receive permission for construction from the local governing bodies.

Let’s take a look at various steps to be followed to do the NA process:

1. Apply for building permission: In order to start any new building construction, the occupant or superior holder of land need to first furnish an application form along with the supporting documents to the District collector in whose jurisdiction the concerning agriculture land is situated.
2. Verification: After receiving the application request, the concerning District collector will acknowledge the application within seven days and send a copy of the application to Tahsildar. If the proposed area is within the jurisdiction of a Municipal corporation, the collector consults them concerning acquiring the building permit.
3. Get NA NOC from Tahsildar: TheTahsildar will check for revenue clearance and technical clearance. The tahsildar will also check certain parameters like if the applicant is the rightful occupant of land and is empowered to file for a change of land use if any dues are pending to any department by the occupant, and whether the local authority has any objections for land conversion.
4. Issuing of NA conversion order: The District collector will issue an order of conversion within a month of the date of payment of premium and then authorize the Tahsildar to change the particulars of the land by making necessary entries in the revenue records.
5. Pay NA Taxes: The land occupier or landholder has to pay NA land taxes from the date on which NA land use begins. If the occupier or holder fails to inform the Tahsildar within the period specified, he/she will be liable to pay in addition to the non-agricultural assessment fine of five hundred rupees to the District collector.

E. Process of NA in a non-municipal corporation:

If there is no Municipal Corporation or Municipal Council in the area for proposed conversion of agricultural land to non-agricultural land, the applicant needs to submit a No Objection Certificate (NOC) and clearance certificate.

F. Conclusion:

The process of land conversion from agricultural to non-agricultural might look tedious and lengthy, but it is quite simple if implemented properly. To know more about various factors involved in land deals, land reservations, and different types of land zones, keep in touch with Foot2Feet.

We provide various services, solutions and deep knowledge related to land, construction, Tax NOC, and much more.

Have you ever taken any decision for development of land? 

How to do best development proposal on your land? 

Have you met with people who invest months in planning with architect, their dream plans are changed totally at time of approval. 

Or  

Have you seen any project went on hold for years due to some unexpected site condition ?

All these situations could be avoided by proper planning based on feasibility report by consultants.

Content table 

I. Introduction to the feasibility report   

II. Factors studied in feasibility report                     

III. Studies required for types of property development                                

IV. Feasibility study consultant   

V. Conclusion

1. Introduction to the feasibility report

Feasibility Study and Report determine the potential and possibility of a particular plot, construction or land. It is one of the primary steps that owners, developers or builders conduct. Every construction project should get feasibility report from experts like architect, construction companies, marketing agencies etc.

Feasibility report is a report from experts to determine project’s viability through various perspectives like development, Construction , cost, time duration, profit, etc….

If someone asks me, how to know my land details, I simply say, get feasibility report. It lets you to know your land in detail, in a perspective of future profit. This report can be done for vacant land & sometime for ongoing construction projects also.

2. Factors Studied in feasibility report

Feasibility study is done in various manners to find feasibility of any project. Here are common study factors for feasibility of a construction project.  

A. Property Development Feasibility Study

(Also called as Land feasibility study)

Land feasibility study is most important when you buy any land, sell your land or decide to lease or develop any land. It contains a study based on development rules & legal clearances, to give clarity on all necessary pre construction activities for any land development. It also gives idea whether owner can do commercial property development, residential development, Industrial permissions etc. Depend upon feasibility of land cost of land increase. 

Factor of Land feasibility study are as follows.

Land zone & development restrictions

Access road width & its type

Natural reservations like river, mountain, Nala.

Development restriction like airport restriction zone, garden reservation etc…

Land ownership & development rights (Clear title land)

Planning authority & building rules

Calculation of FSI & TDR (floor space Index)

Cost of TDR & development charges for various approvals

Other development requirement like Fire Noc, Aviation NOC, Environment NOC etc….

—

..

Contact us (form at bottom) to get free quotation for feasibility report.

B. Construction Project Feasibility Study

Speed of construction activity on any site varies due to various factors. Cost factor, quality of construction all these also varies due to these reasons. Construction cost, quality control & duration of construction is important factors for planning & scheduling the activities. These are the reasons why construction feasibility for following factors is important. This study is highly important in projects like commercial development, industrial development, institutional projects, hospitals, manufacturing plant etc. where time vs cost play important role in construction.

1. Availability of Labour
2. Availability of resources like water, electricity, drainage etc…
3. Connectivity for material transportation
4. Cost of materials
5. Site & Soil condition for easement of working
6. Space for storage & labour camps
7. Climatic conditions & challenges
8. Various Local issues etc…

–

..

C. Marketing  & Sales Study

This study is not important when there is industrial development or. For other projects where sale is involved like residential development, commercial development projects, shopping mall, Hostels this study make huge difference. Marketing agencies do such research and make feasibility report.

1. Sale rate in vicinity
2. User’s requirement like amenities, room spaces, construction quality.
3. Demand and supply of sizes of units (like 2BHK, 3BHK)
4. Availability of residential needs like market, hotels, schools etc. . .
5. Connectivity of job location, railway stations, airports, High ways, other cities…
6. Competition in vicinity (profit margin)

—

..

Contact us (form at bottom) to get free quotation for feasibility report.

3. Studies required for types of property development

A property can be developed for various reasons like commercial development, residential development, industrial development etc. Not all studies are important for all type of development. Depend upon various factor directly involved in decision making we recommend type of study to type of building.

*Note – Needed =  It is always better to get this report to avoid further inconvenience

Not Must = Results are in control of owner. External factor do not affect much. Hence this type of study is not compulsory for certain type of constructions. Thumb rules from known experts will be enough .

Not applicable = Studies which are not applicable for this type of construction project.

4. Feasibility study consultant & Cost

While selecting feasibility report agency, it is important to understand that the team behind making of report must be experienced. The feasibility report must bring some insights to reader. A feasibility report with data analysis brings more value to decisions.

Charges for feasibility varies form 10000 Rs to few lakh rupees depend upon expertise & quantity of work.

Agencies who give feasibility report are can register with foot2feet.

(Consultants can register themselves here for free)  

Hence whenever any company is looking for feasibility report, they can give their quotation to meet client’s requirement. 

5. Conclusion

Following points must be considered for any kind of construction

1. Due to zone & approval restrictions, Land feasibility is must in any kind of development.
2. Feasibility  report saves considerable time & money in any construction project.
3. Depend upon type of project feasibility should be done
4. Cost involved in this report is much lesser that its output.
5. Person making such report must be experienced and expert of his field.

Thank you

Team Foot2feet

Click Below to go to Services

 Project Management Consultant (PMC) 

 Find a Builder For Redevelopment 

Deemed Conveyance

Feasibility Report

 Structural Audit 

Introduction

We understand that redevelopment is the most critical, risk-oriented process in the lifespan of society. Society members have to go through huge problems & worries during the decision-making process. But with the help of a good project management consultant, this process will reduce the worries of all members. The process must have the following factors.

1. Maximum benefit to all society members. 
2. Impartial service to all members. 
3. Consultation for smooth process & easy decision-making 
4. Safeguarding society's rights.

Let’s understand the whole process of redevelopment at a glance

For a successful redevelopment, society must go through the following process.

1. Smooth redevelopment 
2. Frequently asked questions(faq)
3. Step-by-step redevelopment
4. Redevelopment document/lists
5. Supervision
6. Agencies & members involved in the redevelopment process
7. Successful redevelopment   

Here is each point explained in detail.                                          

SMOOTH REDEVELOPMENT

Difference between Restoration and Redevelopment?

In restoration, the existing building is extensively repaired and restored to its original condition. In redevelopment, the existing building is demolished, and a new structure/building with prevailing bylaws and additional FSI/TDR is constructed.

What Are The Advantages Of Redevelopment?

1. In the case of a building's restoration by major repairs, though the beams and pillars are strengthened externally, the inner core, which consists of steel rods, cannot be restored to its original condition. Hence, even after extensively repairing the building, there are bound to be umpteen complaints about leakages requiring frequent repairs. In the case of redevelopment, the entire structure being brand new, it will be free from complaints. 
2. The new building will accommodate various modern facilities & amenities with the current trends of society.
3. Well-planned and designed flats with earthquake structures.
4. The corpus fund received by each individual member will cover the increase in the premises' maintenance cost or could be utilized for other purposes.
5. Additional carpet areas will be received as compensation from the developer. 
6. The owner can buy additional space (if available) from the developer at the best available price.
7. Modern facilities/amenities/gadgets like lifts, intercom systems, smoke detectors, fire fighting alarm systems, concealed plumbing, concealed wiring for electricity, telephone, cable TV, etc. Will be available. (depends upon an offer from developers)
8. Additional parking will be available with new norms of authority.
9. Electrical, plumbing, tiles, parking spaces & other specifications will follow modern trends.

Disadvantages Of Redevelopment

1. For a considerable period of time, members are required to give up possession of their flats, which disrupts their age-old routine.
2. If converted to commercial complexes, residential complexes are seldom preferred for housing purposes or dwellings.
3. The additional areas received will attract stamp duty and registration charges at the current market price.
4. There is always a fear of a halfway stalled project resulting in a court case. ( but a good project management consultant can reduce this risk by verifying of all steps in the redevelopment process)
5. New construction with all kinds of amenities will increase the cost of maintenance to be paid to society. 

Guidelines For Smooth Redevelopment 

1. All members of society should be confident in the redevelopment process.
2. The tender process should be transparent & as per the provision of cooperative society housing bye-laws
3. The appointment of a builder/developer/contractor should not be arbitrarily made. The agreement with them should be legally sound, technically complete, and clearly mention all possible building specifications. It should clarify all things like carpet area, amenities, corpus fund, shifting charges, rent of temporary accommodation, any betterment charges, etc.
4. The role & responsibility of the project management consultant should be clear & their services should be impartial.
5. Society should not go for a redevelopment process without a feasibility report from a project management consultant.

Frequently Asked Redevelopmenent Questions (FAQs) 

Q.1 Whether individual consent of all the members is required for redeveloping the society’s buildings or only a resolution by the general body will be sufficient?

• In the case of the apartment (registered under the association of apartments) a written consent is required from each & every member. But in the case of housing society a written consent from 51% of members is required for redevelopment. 

(As per govt. GR)

Q.2 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, the concerned authorities, such as the Dy. Registrar of co-operative societies, will not grant permission for redevelopment.

Q.3 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 does he have to follow the legal procedure for proving his point of discontent for retracting his consent.

Q.4 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.

Q.5 Can one or two members hold the society to ransom on flimsy grounds?

• No member of the society can hold the society to ransom on flimsy grounds. The society will have to initiate action against such members.

Q.6 What action can the society initiate against those members who oppose such kind of a move that is supported by a huge majority

• Then society can issue show cause notice to the members and take action even to the extent of expulsion from the society.

Q.7 Does a society require forming a redevelopment committee or can a managing committee carry out the job independently?

• The general body has the power to decide on this issue. Appointing a redevelopment committee is not mandatory but is highly recommended to ensure transparency in the dealings.

Q.8 What are the powers of the redevelopment committee?

• The general body has to decide on the powers to be allocated to 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.

Q.9 What is the tenure of the redevelopment committee?

• Generally, the tenure of the redevelopment committee should be from the start of the project to the completion of the project to ensure the continuity of the control of the project.

Q. 10 Whether elections are to be held for the selection of members for the redevelopment committee?

• The election rules are not binding on the redevelopment committee. The general body should select it from among senior members of the society who are educated to read and understand the various documents and have an active interest in redeveloping the society.

Q. 11 Can a redevelopment committee/member of a redevelopment committee be terminated?

• If the general body feels that a member of the redevelopment committee or the entire redevelopment committee acts to the detriment of the interests of the society and obstructs the working of the managing committee in carrying out redevelopment, then on the recommendation of the general body, the tenure of a member a redevelopment committee or the entire redevelopment committee can be terminated.

STEP-BY-STEP REDEVELOPMENT PROCESS FOR SOCIETIES

The office bearers of the society are requested to follow the following steps for redeveloping their premises successfully.

1. Conveyance Deed-

Society should reconsider redevelopment only if the society has a conveyance deed in its favor. In case the conveyance deed is not in favor of society, the process for deemed conveyance should be done by appointing an appropriate agency. 

2. Structural Audit-

When a society should consider redevelopment:

1. The first step for deciding on redevelopment is a structural audit report by a structural consultant or project management consultant. This survey has to be carried out for all buildings/structures in the society plot. 
2. The structural audit agency shall reveal the condition of buildings & suggest whether society needs the redevelopment.
3. Without such a report, society can’t go for the redevelopment process.
4. Even if the building is less than 30 years old (building lifespan), but structural reports suggest redevelopment rather than restoration, society can go through redevelopment. 
5. Circulation of structural audit report-

In case of an 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 a 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.

3. 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 and also constituted as per. The provisions of the Maces Act 1960. The requisition application is to be signed by not less than 1/4th of the total members of the society.

4. SGM for Redevelopment-

Upon receipt of the requisition for calling the meeting, the managing committee of the society, within 8 days of the receipt of the application, should consider the same and within a period of 1 month, the Hon. The secretary will call the general body meeting of the members of the society giving 14 clear days notice for which acknowledgment will be collected from every member and maintained in the records of the society. The quorum for the SGM shall be 3/4th of the total number of members of the society. If the quorum is not attained, The SGM shall be adjourned for 8 days. 

If there is no quorum in the adjourned meeting also, then the meeting shall be dissolved considering that the members have no interest in the redevelopment of the society. In such a situation, the redevelopment subject cannot be brought before any SGM for its approval for further one year.

In the meeting, 3/4th of the members present in the meeting should agree to redevelopment and then a resolution should be passed for going ahead with the redevelopment of the building and authorizing the managing committee to obtain permission from the deputy registrar of co-operative societies of their respective ward office for redevelopment. A resolution should also be passed authorizing the managing committee to obtain quotations from experienced architects/project management who are impaneled by government/local authorities, for the work of preparing feasibility reports and framing rules/conditions for their work.

5. 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 SGM to the dy. Registrar of co-operative societies of their respective ward seeking permission for re-development of their building. (As per GOVT. GR Dy. Registrar permission is no longer required)

6.  Redevelopment Feasibility Report-

Within one month from the date of receipt of permission for re-development from the office of the day. Registrar of co-operative societies, the society should appoint an architect or a project management consultant to survey the project plot/area/FSI/TDR/PMC–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 opinions/objections on the same should be called for in writing for discussion in the next special general body meeting.

7.  SGM for Constitution of Re-Development Committee-

1. The society should call for an SGM and since this is an important meeting the quorum for the meeting shall be at least 75% of the members of the society. 
2. 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
3. Then they should pass a resolution to go for re-development of the building and authorize the office bearers to start the procedure to appoint an architect/civil engineer/financial consultant or project Management consultant.
4. In the same meeting, the society should form a “re-development committee” of at least 5 prominent/senior/original members of the society representing each building of the society, to oversee the working of the managing committee

8.  Appointment of Consultants-

The office bearers shall shortlist the architect/civil engineer/ financial consultant/project management consultant for an appointment and recommend their names to the re-development committee to confirm their choices and fees chargeable by this professional/s. The managing committee should call for an 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.

9. Pooling Of 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 the following documents with the society:

1. Society registration certificate
2. 7/12 extract/index ii / form no. 6 from the revenue office
3. Conveyance deed
4. Non-Agricultural (NA) order
5. Property card /
6. City survey plan (demarcation)
7. Copy of commencement certificates
8. Copy of completion certificates
9. Proof of payment of stamp duty/registration charges.
10. Copy of paid assessment bill ( water bill, electric bill)
11. Approved building plan
12. Structural Drawings.

10. Tender Floating-

After the technical problems are sorted out, the society should call for a SGM no. 4 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 into the tender document. The general body should pass a resolution and authorize the managing committee to proceed ahead and float tenders by inviting different agencies/builders/developers to give their offers through newspaper notices etc.

11. Opening Of Tenders-

Within one week from the last date for receipt of tenders, the society should call for an SGM no. 5 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.

12. 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.

13. Selection Of Developer / Builder-

The society should call for a SGM no. 6 and after discussing the merits and demerits of all the offers, should select one developer/builder to carry out the redevelopment of the society. In this meeting, the members should agree on the following issues

1. 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.
2. The amount of corpus payable to each member should be clearly expressed in amount of rupees besides linkage to their existing carpet area. The break-up and the due dates for payment of the same should also be clearly specified.
3. 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.
4. The amount of shifting charges and the re-shifting charges should be specifically stated.
5. The members should pass a resolution authorizing the managing committee to issue a letter of intent to the developer subject to the above terms and conditions.

14. Letter Of Intent-

The society should circulate the agreed terms and conditions to all the members of the society and obtain an irrevocable letter of consent addressed to the society, the builder, PMC, 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.                    

15. 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 no. 7 for approving the plan of the flats/building and amenities offered by the builder. When the same is approved in the general body, the society should pass 

A resolution to sign a redevelopment agreement with the developer also fixes the date for vacating the old flats and receiving the compensations.          

16. Handing Over The Property For Re-Development-

The developer should then proceed to get the plans approved and obtain i.o.d. From p.m.c. After fulfilling the terms mentioned in the i.o.d., the developer should obtain a commencement certificate up to the plinth. After these conditions are complied with, the society should call SGM no. 8 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 compensation 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.

17. Occupation Certificates-

After construction of the buildings is completed, the society should follow up and ensure that the developer gives, an occupation certificate and regular water connection within 4 months from the date of handing over of the new flats to the members of the society.

SUPERVISION

Either a Project management consultant or a separate agency must be appointed for supervision. This supervision includes many things but a few of them are mentioned below.

1. Analysis & approval for architecture plan.
2. Obtaining, checking & approval of drawing.
3. Checking parking area, carpet area, society utility & service areas, etc.
4. Structural drawing checking.
5. Analysis & approval for submission drawing.
6. Analysis & approvals for site execution drawings.
7. Site visits to verify specifications, & material quality committed by the developer. (as & when required.) 
8. Consultations throughout the redevelopment process at every important situation.

REDEVELOPMENT DOCUMENTS/LISTS

For the successful completion of the 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

Important documents required for Redevelopment

1. Society registration certificate.
2. 7/12 extract.
3. Conveyance deed.
4. Title search report.
5. Index ii
6. N. A. Order
7. City survey plan.( demarcation plan)
8. Approved building plan.
9. Commencement certificate.
10. Occupation certificate
11. Appointment letter to PMC.

Documents 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 permission from the deputy registrar.
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 advocates, structural engineers, architects, project management consultants, etc.

Various Agreements & letters are required for Redevelopment

1. Redevelopment agreement.
2. Format of bank guarantee from the builder.
3. Power of authority from the society to the developer.
4. Agreement for alternate accommodation.
5. MOU between the society and builder/developer.
6. Appointment letter from the society to the builder/developer.
7. Revocation/cancellation of power of attorney.
8. Other duties associated with an advocate 
9. Possession letter from the builder to the members.
10. Format of the resolution to admit new members.
11. List of documents required to be collected from the builder.
12. Indemnity bond by the developer
13. Consent letters from the members to the society.

What are the requirements from the Developer?

1. Project report from the developer as to how they would develop the property at the offers given by them.
2. Copy of registration certificate.
3. Partnership deed of the developer duly registered or memorandum of association (as the case may be)
4. Name and address of all partners/directors along with their PAN.
5. Address & Pan of the firm.
6. Copy of balance sheet & P/L A/C to understand the financial strength of the firm.
7. Income tax return filed for the last 3 years of the partners/directors of the company.

AGENCIES & MEMBERS INVOLVED IN REDEVELOPMENT PROCESS

1. Society members
2. Society committee members
3. Structural consultant
4. Project management consultant
5. Advocate
6. Dy. Registrar
7. Developer
8. Chartered accountant 
9. Builders architect
10. Building permission authority
11. New members

SUCCESSFUL REDEVELOPMENT

Must know things for successful redevelopment

1. The offer received from the developer should commensurate with the potential of the plot taken for redevelopment as per the architect’s report.
2. 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.
3. The tenders received should be objectively evaluated by an able architect appointed by the society.
4. All the members of the society should give their consent to avoid disputes.
5. 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.
6. Redevelopment committee should be formed from amongst the other members of the society by including 2/3 members from the managing committee to oversee the entire process to ensure that complete transparency is maintained by the managing committee of the society.
7. All agreements/documents should be got scrutinized by a competent advocate appointed by the society to ensure that there is no lacuna.
8. A Bank guarantee for the total cost of the redevelopment project should be obtained from the developer covering the full period of construction.
9. A penalty clause should be inserted in the redevelopment agreement to ensure proper implementation of the project by the developer.
10. The managing committee and the redevelopment committee members should conduct regular inspections when the construction is in process to ensure that there are no deviations from the plans/offers.
11. Existing society members should vacate their respective premises only after all necessary approvals.
12. Any committee member or office bearer of society should not be the relative of a builder or developer. 

!! Happy redevelopment!!

Click Below to go to Services

 Project Management Consultant (PMC) 

 Find Builder For Redevelopment 

Deemed Conveyance

Feasibility Report

 Structural Audit 

Before constructing a building several requirements need to be considered, for any rooms, garages, or basements of a building. These requirements can be as the plinth of the building, size, and height of the rooms, doorways, stairways, etc.

UDCPR Chapter 9 is all about the requirements of part of the building. 

This is Applicable to all Planning Authorities and Regional Plan Areas except the Municipal Corporation of Greater Mumbai, Other Planning Authorities/Special Planning Authorities/ Development Authorities within the limit of Municipal Corporation of Greater Mumbai, MIDC, NAINA, Jawaharlal Nehru Port Trust, Hill Station Municipal Councils, Eco-sensitive/Eco-fragile region notified by MoEF & CC and Lonavala Municipal Council, in Maharashtra.

Rule No. 9.0 Standard Requirements of Various Parts of Buildings

This part sets out the standard space requirements of various parts of the building, light and ventilation, the building services, fire safety, etc. The following parts of a building, wherever present, shall conform to the requirements given herein:

Rule No. 9.1 Plinth

i) The plinth of the building shall be so located with respect to the surrounding ground level that adequate drainage of the site is assured. The height of the plinth shall not be less than 30 cm. above the surrounding ground level. In areas subjected to flooding, the height of the plinth shall be at least 45 cm. above the high flood level.

ii) Covered parking spaces and garages shall be raised at least 15 cm. above the surrounding ground level and shall be satisfactorily drained.

Rule No. 9.2 Habitable Rooms

9.2.1 Size and Dimension of Habitable Rooms

Size and dimension of habitable rooms, shall be as per requirement and convenience of the owner.

9.2.2  Height of Habitable Rooms

The minimum and maximum height of a habitable room shall be given in Table No.9-A here under :

Provided that the minimum headway under any beam shall be 2.4 m.

Provided further that height more than that specified above, if required for a particular occupancy, shall not be counted towards the calculation of FSI.

Rule No. 9.3 Kitchen

9.3.1 Size of Kitchen

The size of the kitchen or a cooking alcove serving as cooking space shall be as per the requirement and convenience of the owner.

9.3.2  Height of Kitchen

The height of a kitchen measured from the surface of the floor, to the lowest point in the ceiling (bottom of slab) shall not be less than 2.75 m except for the portion to accommodate the floor trap of the upper floor.

Rule No. 9.4 Bath Rooms, Water Closets, Combined Bath Room and Water Closet

9.4.1 Size of bathroom and water closet

The minimum size shall be as follows -

i)  Independent Bathroom 1.00 m. x 1.20 m.

ii)  Independent Water closet 0.9 m. x 0.9 m.

iii)  Combined bathroom and water closet 1.50 sq.m. with a minimum width of 1.00 m.

9.4.2 Height of bathroom and water closet

The height of a bathroom or water closet measured from the surface of the floor to the lowest point in the ceiling (bottom of slab) shall be not less than 2.1 m.

9.4.3 Other requirements of bathroom and water closet

Every bathroom or water closet shall –

i)  be so situated that it derives ventilation from a ventilation shaft or external air;

ii)  have a window or ventilator, opening to a shaft or open space, of an area not less than 0.3 sq.m. with the side not less than 0.3 m.;

iii)  all the sewerage outlets shall be connected to the sewerage system. Where no such systems exist, a septic tank shall be provided within the plot conforming to the requirements of Regulation No.9.25.

Rule No. 9.5 Ledge or Tand/Loft

9.5.1 Location and Extent

Ledge or Tand may be provided at suitable places as per requirement. Lofts may be provided over kitchens, habitable rooms, bathrooms, water closets, and corridors within a tenement in residential buildings, over shops, and in an industrial building, as mentioned in below Table No.9-B subject to the following restrictions –

i)  The clear headroom under the Loft shall not be less than 2.1 m.

ii)  Loft in commercial areas and industrial buildings shall be located 2.0 m, away from the entrance.

iii)  Loft shall not interfere with the ventilation of the room under any circumstances.

iv)  The maximum height of the loft shall be 1.5m.

9.5.2 Location and extent of Ledge for Air Conditioning unit

Ledge for the Air Conditioning unit may be provided on the exterior of the wall of the rooms of size not exceeding 0.5 m. x 1.0 m. at the suitable location.

Rule No. 9.6 Cupboard

9.6.1  

In residential buildings, cantilever projections of cupboards, floor to floor level, may be permitted except on the ground floor. Such projections excluding window area, may project up to 0.60 m. in the setbacks for buildings. However, the window frame shall be placed on the inner side of the wall and such cupboard shall be allowed only on one wall of each room. Moreover, such projection shall be at least 6.0 m. from the plot boundary in case of special buildings.

9.6.2  

For heights, 24.0 m. and more no cupboard shall reduce the marginal open space to less than 6.0 m. on the first floor and 4.5 m. on the upper floor. In congested areas, cupboards may be permitted on upper floors projecting in front setbacks except over lanes having a width of 4.50 m. or less and in marginal distances subject to 1.0

Rule No. 9.7 Mezzanine Floor

9.7.1  Size of Mezzanine Floor

The minimum size of the mezzanine floor shall be as per the requirement and convenience of the owner. The aggregate area of such mezzanine floor shall in no case exceed 50% of the carpet area of that room, shops, etc. Where a loft is provided in the room, the mezzanine floor shall not be allowed.

Note - Mezzanine floor area shall be counted towards FSI.

9.7.2  Height of Mezzanine Floor

The headroom under the mezzanine floor shall not be less than 2.1 m.

9.7.3 Other requirements of mezzanine floor

A mezzanine floor may be permitted in a room or within a space, provided -

i) it conforms to the standards of living rooms as regards lighting and ventilation in case the mezzanine floor is used as a habitable room.

ii)  it is so constructed as not to interfere, under any circumstances, with the ventilation of the space over & under it.

iii)  such mezzanine floor or any part thereof will not be used as a kitchen.

iv)  it is at least 1.8 m, away from the front wall of such rooms.

v)  access to the mezzanine floor is from within the respective room only.

vi)  in no case shall a mezzanine floor be closed to make it liable to be converted into unventilated compartments.

Rule No. 9.8 Store Room

9.8.1 Size of Store Room

The area of a store room/room, if provided in a residential building, where light, ventilation, and height are provided at standards lower than as required for the living room, shall be as per requirements and convenience of the owner.

Rule No. 9.9 Garage 

9.9.1 Size of Private Garage

The size of a garage in individual residential buildings shall not be less than 2.5 m. x 5.0 m. and not more than 3.0 m. x 6.0 m. The garage, if located in the side open space, shall not be constructed within 3.0 m. from the main building, but at least 7.5 m, away from the any access road. The area of the garage shall be included in FSI.

9.9.2 Height of private Garage

The minimum and maximum height of the garage shall be 2.4 m. and 2.75 m. respectively.

9.9.3 Plinth of private Garage

The plinth of a garage located at ground level shall not be less than 15 cm. above the surrounding ground level.

9.9.4 Set Back of Private Garage

The garage shall be set back behind the building line for a street or road on which the plot abuts and shall not be located affecting the access ways to the building.

When the site fronts on two streets, the location of a garage (in a corner plot) (if provided within the marginal distances) shall be on diagonally opposite the point of intersections.

Rule No. 9.10 Roofs

9.10.1 

The roof of a building shall be so constructed or framed as to permit effectual drainage of the rainwater therefrom by means of sufficient rainwater pipes of adequate size, wherever required, so arranged, jointed, and fixed as to ensure that the rainwater is carried away from the building without causing dampness in any part of the walls or foundations of the building or those of an adjacent building.

9.10.2

The Top Terrace of a building shall not be subdivided and it shall have only common access. However, intermediate terraces may be allowed to be attached to flats and shall not be counted in the balcony area.

9.10.3

The Authority may require rainwater pipes to be connected to a drain or sewer through a covered channel formed beneath the public footpath to connect the rainwater pipe to the road gutter or in any other approved manner, if not used for rainwater harvesting.

Rainwater pipes shall be affixed to the outside of the walls of the buildings or in recesses or chases cut or formed in such walls or in such other manner as may be necessary.

Rule No. 9.15 Supported Double Height Terraces

Supported double-height terraces shall be permitted (open terraces with railing and minimum height equal to two floors) within the building line.

Rule No. 9.31 Additional Requirements In Case of Housing Schemes

The following amenities shall be provided in any housing scheme and shall be counted in FSI.

i)  Fitness Centre, Crèche, society office cum letter box room, admeasuring area of about 20 sq.m. in scheme having minimum 100 flats and thereafter additional 20 sq.m. area for every 300 flats.

ii)  Sanitary block for servants having a maximum area of 3.0 sq.m. in schemes having minimum100 flats and thereafter additional 3.0 sq.m. area for every 200 flats.

iii)  Drivers room of size 12.0 sq.m. with attached toilet in schemes having minimum 100 flats and thereafter additional 10.0 sq.m. area for every 300 flats.

In case of a scheme having more than 1000 flats, the above amenities shall be reasonably provided keeping in view the above requirements.

iv) Every Residential building having more than 6 flats/tenements shall have an entrance lobby of a minimum of 9.0 sq.m. on the ground floor. The minimum dimension of such a lobby shall not be less than 2.50 m.

v) The requirements at (i) to (iii) above shall firstly be provided for the building having 30 (1) to 100 tenements and thereafter the quantum mentioned in the said provisions shall be provided.

Rule No. 9.32 Fire Protection Requirement

All special buildings shall be planned, designed, and constructed to ensure fire safety and this shall be done in accordance with the regulations of Maharashtra Fire Prevention and Life Safety Measures Act, 2006. For the provisions not included in these regulations and the said Act, provisions mentioned in Part IV of Fire Protection of National Building Code India, amended from time to time shall be referred to and prevail.

Related Regulations to Rule No. 9

Basements as Requirements of Part of Building in UDCPR 2020

Ramp as Requirements of Part of Building in UDCPR 2020

Balcony as Requirements of Part of Building in UDCPR 2020

Provision of Lift as Requirements of Part of Building in UDCPR 2020

Lighting and Ventilation of Room as Requirements of Part of Building in UDCPR 2020

Compound Wall and Other Requirements of Part of Building in UDCPR 2020