UDCPR 2020 Chapter 1 is all about Administration as per mentioned in the UDCPR 

This is Applicable to all Planning Authorities and Regional Plan Areas except 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. 1.4 Applicability of Regulations 

i) Development and Construction: Except as hereinafter otherwise provided, these regulations shall apply to all development, redevelopment, erection and/or re-erection of a building, change of user, etc. as well as to the design, construction or reconstruction, additions, and alterations to a building.

ii) Part Construction: Where the whole or part of a building is demolished or altered or reconstructed or removed, except where otherwise specifically stipulated, these Regulations apply only to the extent of the work involved.

iii) Change of Occupancy/Use: Where the occupancy or the user of a building is changed, except where otherwise specifically stipulated, these regulations shall apply to all parts of the building affected by the change.

iv) Reconstruction: The reconstruction in whole or part of a building which has ceased to exist due to an accidental fire, natural collapse, or demolition, having been declared unsafe, or which is likely to be demolished by or under an order of the Authority and for which the necessary certificate has been given by the Authority shall be allowed subject to the provisions in these regulations.

v) Development of sites or/and subdivision or amalgamation of land: Where land is to be developed, subdivided, or two or more plots are to be amalgamated, or a layout is to be prepared; these Regulations shall apply to the entire area under development, sub-division, amalgamation, and layout. Provided that, where a developed land, an existing layout/sub-division plan is being altered, these Regulations shall apply only to that part which is being altered.

vi) Revised permission: Any development permission granted earlier may be revised provided that, third-party interests established in pursuance of such permissions, if any, are not adversely affected. In such cases, consent from the adversely affected persons shall be necessary if required under RERA. While granting the revised permission, the approved plans and commencement certificate of the earlier permission with office, shall be stamped as ‘SUPERSEDED’ by the Authority.

vii) Exclusions: Nothing in these regulations shall require the removal, alteration or abandonment or prevent the continuance of the lawfully established use or occupancy of an existing building or its use, unless, in the opinion of the Authority, such a building is unsafe or constitutes a hazard to the safety of adjacent property.

Related Regulations to Rule No. 1 - 

You can visit our other blogs on regulations through the below-mentioned links:

Other Various Regulations of Administration in UDCPR 2020

Definitions in Administration in UDCPR 2020

Short Title, Extent, & Commencement in UDCPR 2020

Savings in Administration in UDCPR 2020

Rule No.7.12 Buildings of Smart Fin-Tech Centre

i) The Authority may permit additional FSI up to 200% over and above the basic permissible FSI to Smart Fin-Tech Centre located in Residential/Industrial/Commercial Zone, which have been approved by the Directorate of Information Technology, proposed to be set up (hereinafter referred to as the "said unit") by charging premium of 20% of the land rate for the said land as prescribed in Annual Statement of Rates for the relevant year of granting such additional FSI.

Provided that additional FSI shall be permissible only on plots having an access road of a minimum of 18.0 m. width and subject to approval by a committee chaired by the Principal Secretary, Information Technology, and comprising representatives of Industries, Finance and Urban Development Department (UD-1).

Provided further that, the premium so collected shall be shared between the Planning Authority and the Government in the proportion of 50: 50. The share of the Government shall be deposited in the Fin-Tech Corpus fund which is being set up by the Director of Information Technology.

(Explanation: Premium charges shall be calculated based on the value of lands under such zones, determined by considering the land rates of the said land as prescribed in the Annual Statement of Rates (ASR). These charges shall be paid at the time of permitting additional FSI by considering the ASR for the relevant year without applying the guidelines).

ii) The total maximum permissible FSI shall not exceed the limit of 3.00. In case of plot fronting on roads having a width of 24.0 m. or more, the FSI may be permitted to be exceeded upto 4.00.

iii) No amenity space is required to be left for the development of plot/land up to 2.00 hectares for the Smart Fin-Tech Centre.

iv) At least 85% of the total proposed Built-up area (excluding parking area) shall be permitted for the business of Fin-Tech (start-ups, incubators, and accelerators), banking and financial service including NBFC and insurance, and IT/ITES with focus on Fin-Tech.

v) The Directorate of Information Technology will develop a web portal on which the developer of every Smart Fin-Tech Centre will be bound to provide/update detailed information about the names of the units in the park, utilization of built-up area, and activities being carried out, manpower employed in the Smart Fin-Tech Centre on a yearly basis.

vi) If a Smart Fin-Tech Centre has availed additional FSI as per the provisions of this regulation and subsequently it is found that the built-up space in the Smart Fin-Tech Centre is being used for non-Fin-Tech / commercial activities / any other activity, not permitted as per the Smart Fin-Tech Centre policy under which the said Centre was approved, a penal action as below will be taken, the payment shall be shared between the Authority and the Government in the ratio of 3:1.

a) The misuse shall be ascertained by physical site verification of the said Smart Fin-Tech Centre policy by a team of officers from the Directorate of Information Technology and the Authority, which has approved the building plans of the said Smart Fin-Tech Centre.

b) A per day penalty equal to 0.3% of the prevailing ready reckoner value of the built-up area that has been found to be used for non-Fin-Tech activities, shall be imposed.

c) The penalty will be recovered from the date of commencement of unauthorized use till the day of non-Fin-Tech activities.

After payment of the penalty to the Authority, which has sanctioned the building plans of the concerned Smart Fin-Tech Centre, the said Smart Fin-Tech Centre will restore the use of premises to the original purpose for which LOI / Registration was granted. If the Smart Fin-Tech Centre fails to pay the penalty and/or restore the use to its original intended use, the Authority will take suitable action under the Maharashtra Regional and Town Planning Act, 1966, against the erring Smart Fin-Tech Centre under intimation to the Directorate of Information Technology. These provisions will be over and above the penal provisions of the M.R. & T.P. Act, 1966.

vii) In this regulation the terms and expression shall have the meaning specified in the Fin-Tech Policy declared by the Directorate of Information Technology vide Govt. Resolution No.DIT- 2018/CR-17/D-1/39, dated 16th February, 2018. Notwithstanding anything contained in the existing regulation, the above provisions shall be applicable to the Smart FinTech Centre.

Other provisions of existing regulations, which are not specifically mentioned in this regulation, shall be applicable.

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

Incentive for Green Buildings in UDCPR 2020

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

When ever you see a town planning map or a blue print, you come across various terms like open space, amenity space. Here is details explanation in common man’s language for construction related building rules. 

FSI (Floor Space Index)

1. In general language FSI means permissible built up area on any plot. It is calculated by dividing Built up area by Plot Area.
2. FSI = built up area/Plot area.
3. Eg. – If permissible FSI for a plot of 1000 sq.ft. is 1.10, then we can construct 1100 sq.ft. of built up area. (say 225 SqFt on 4 floors or 550SqFt on 2 floors)
4. Ducts, Parking floor, basement, architectural treatment are not considered while calculating FSI.
5. Depending upon planning authority by-laws, balcony, terrace, staircase, lift, lift machine room are deducted from FSI on payment of premium.

Open Space

1. Open space is the space left for recreational activities for the user of that plot. It remains part of the same land under ownership of society.
2. Generally we have to leave 10% of total plot area for any building or layout permission.
3. Depending upon by-laws smaller plots, gunthewari plots, N.A. plots do not require open space area.

o

Amenity space

1. Generally for plot above 1 acre require 15% amenity space.
2. Amenity space is a space to be left for government for planning various public amenities like school, hospital library, fire stations, police chowki etc.
3. This space is to be handed over to govt. and owner gets FSI as compensation for land. (In short there is only loss of space but no loss of FSI)
4. N.A. plots and smaller plots do not require amenity space.

o

Paid FSI (Fungible FSI)

1. It is additional FSI on any plot after payment of premium amount to planning authority.
2. This premium amount depends upon ready reckoner rate of same land.

o

TDR (Transferable development rights)

1. Due to planning authority reservations FSI of one land cannot be utilized entirely on same plot. Hence Government allow plot holder to sell or transfer FSI of his plot. This is called Transferable Development Rights. Buying TDR is like buying virtual land.
2. Buyer of TDR can do extra construction on his land.
3. One cannot load more TDR than permissible on that land. Maximum Permissible TDR on any plot depends upon Access Road, Land Zone etc…

o

Road Widening

1. Area of plot falling under proposed or existing road is called as road widening area.
2. FSI of this area can be utilized on same plot or converted into TDR.

o

Carpet area

1. Before RERA Carpet area was considered as tileable area in property. It includes room floor area, Balcony area, terrace area,  tile area at door jams etc…
2. But After RERA (Real Estate Regulatory Act 2016) have modified carpet area concept a bit.
3. According to RERA, carpet area include following things
4. Room Area
5. Internal wall area (wall between 2 rooms of same apartment)
6. Dry balcony area (separately mentioned)
7. Enclosed Balcony area (separately shown if any)
8. Terrace area (separately mentioned)The only difference between RERA carpet & old carpet is that internal wall area is added in RERA carpet.

o

Built up Area

1. Built up area term is most commonly used term in constriction industry. & at same time it has various meaning at various situations. Hence it is necessary to clarify area included or excluded while discussing with built up area. eg –
2. For government approvals it is the area covered by a building on all floors including cantilevered portion, mezzanine floors if any but excepting the areas excluded specifically from FSI.
3. For buyer / user – It is usable construction area which includes parking, floor area, but excluding footing & foundation area.
4. For contractor it is total construction area including parking, 50 % footing, water tank etc.., but excluding top terrace area.

o

Conveyance Deed

Conveyance deed is transfer of land in name of owner of constriction refer our conveyance deed page in redevelopment section for more detail 

Building Control Line

It is the line up to which we can build construction according to planning authority / or any government authority.

Non  Agriculture (NA)

1. Any land ( except land in Gaothan area) is by default agriculture land in India. It is assumed as non agriculture land only and only after taking NA permission (Non Agricultural use permission) from collector.
2. A copy of land conversion is called as NA order.
3. For NA land zone plays important role. (Agriculture, industrial , residential)
4. Depend upon zone NA can be done. Eg – Industrial NA, farmhouse NA, residential NA, commercial NA.
5. NA and R-zone are commonly misunderstood.
6. In simple words, NA is procedure to change tax on any land due to change in use of land.
7. NA land not necessary to be residential land all time, and similarly residential land not necessarily to be NA land.
8. A land which is in residential zone, but its use according to collector/revenue department is agriculture, then the land is not NA. (but this land can be converted into NA after completing NA procedure.)

o

Side Margin

Side margin is distance to be kept from plot boundary to building line.

Ready Reckoner Rate

Government rates of land, property is called as ready reckoner rate. These rates are published and regulated by the respective state government. (in our useful link page, you can find link for ready reckoner rates by Maharashtra government.

R zone (residential)

It is a zone demarcated as residential area in development plan mostly it shown in yellow color any agriculture land cannot converted in residential zone it agriculture / vanikaran land must pass certain criteria for zone conversion (you can use our site feasibility service to know  whether your land can be converted or not )

o

Residential zones – R1 / R2

1. Residential Zone R1 includes Residential plots abutting on roads below 9 m. in congested area and below 12 m. width in outside congested area
2. Residential Zone R2 includes Residential plots abutting on road having existing or proposed width 9 m. and above in congested area and 12 m. and above in outside congested area

Whenever you see a town planning map or a blue print, you come across various terms like open space, amenity space. Here is details explanation in common man’s language for construction related building rules. 

FSI (Floor Space Index)

1. In general language FSI means permissible built up area on any plot. It is calculated by dividing Built up area by Plot Area.
2. FSI = built up area/Plot area.
3. E.g. – If permissible FSI for a plot of 1000 Sqft. is 1.10, then we can construct 1100 Sqft. of built up area. (say 225 Sqft on 4 floors or 550SqFt on 2 floors)
4. Ducts, Parking floor, basement, architectural treatment are not considered while calculating FSI.
5. Depending upon planning authority by-laws, balcony, terrace, staircase, lift, lift machine room are deducted from FSI on payment of premium.

Check FSI in pune https://foot2feet.com/construction-calculator/pmc/fsi-in-pune/ 

Open Space

1. Open space is the space left for recreational activities for the user of that plot. It remains part of the same land under ownership of society.
2. Generally we have to leave 10% of total plot area for any building or layout permission.
3. Depending upon by-laws smaller plots, gunthewari plots, N.A. plots do not require open space area.

Amenity space

1. Generally for plot above 1 acre require 15% amenity space.
2. Amenity space is a space to be left for government for planning various public amenities like school, hospital library, fire stations, police chowki etc.
3. This space is to be handed over to govt. and owner gets FSI as compensation for land. (In short there is only loss of space but no loss of FSI)
4. N.A. plots and smaller plots do not require amenity space.

Paid FSI (Fungible FSI)

1. It is additional FSI on any plot after payment of premium amount to planning authority.
2. This premium amount depends upon ready reckoner rate of same land.

TDR (Transferable development rights)

1. Due to planning authority reservations FSI of one land cannot be utilized entirely on same plot. Hence Government allow plot holder to sell or transfer FSI of his plot. This is called Transferable Development Rights. Buying TDR is like buying virtual land.
2. Buyer of TDR can do extra construction on his land.
3. One cannot load more TDR than permissible on that land. Maximum Permissible TDR on any plot depends upon Access Road, Land Zone etc… 

Checkout The detail information about Transferable Development Rights (TDR) https://foot2feet.com/site/tdr_transferable_development_rights/ 

Road Widening

1. Area of plot falling under proposed or existing road is called as road widening area.
2. FSI of this area can be utilized on same plot or converted into TDR.

Carpet area

1. Before RERA Carpet area was considered as tile able area in property. It includes room floor area, Balcony area, terrace area, tile area at door jams etc…
2. But After RERA (Real Estate Regulatory Act 2016) have modified carpet area concept a bit.
3. According to RERA, carpet area include following things
4. Room Area
5. Internal wall area (wall between 2 rooms of same apartment)
6. Dry balcony area (separately mentioned)
7. Enclosed Balcony area (separately shown if any)
8. Terrace area (separately mentioned) the only difference between RERA carpet & old carpet is that internal wall area is added in RERA carpet.

Built up Area

1. Built up area term is most commonly used term in constriction industry. & at same time it has various meaning at various situations. Hence it is necessary to clarify area included or excluded while discussing with built up area. eg –
2. For government approvals it is the area covered by a building on all floors including cantilevered portion, mezzanine floors if any but excepting the areas excluded specifically from FSI.
3. For buyer / user – It is usable construction area which includes parking, floor area, but excluding footing & foundation area.
4. For contractor it is total construction area including parking, 50 % footing, water tank etc.., but excluding top terrace area.

Conveyance Deed

Any construction consists of 2 most important factors first is b.up area & 2nd is land on which building is constructed. After completion of construction builder/developer was supposed to transfer land in name of society (or association of apartment).  This transfer process is called as conveyance deed. A survey shows that in almost 80% society this process was not completed.

You can check the more information about conveyance deed here https://foot2feet.com/construction-services/legal-services/conveyance-deed/

Building Control Line

It is the line up to which we can build construction according to planning authority / or any government authority. 

Non Agriculture (NA)

1. Any land (except land in Gaothan area) is by default agriculture land in India. It is assumed as non-agriculture land only and only after taking NA permission (Non Agricultural use permission) from collector.
2. A copy of land conversion is called as NA order.
3. For NA land zone plays important role. (Agriculture, industrial , residential)
4. Depend upon zone NA can be done. Eg – Industrial NA, farmhouse NA, residential NA, commercial NA.
5. NA and R-zone are commonly misunderstood.
6. In simple words, NA is procedure to change tax on any land due to change in use of land.
7. NA land not necessary to be residential land all time, and similarly residential land not necessarily to be NA land.
8. A land which is in residential zone, but its use according to collector/revenue department is agriculture, then the land is not NA. (but this land can be converted into NA after completing NA procedure.)

You can Check more information about Non Agriculture here - https://foot2feet.com/site/na_order_land_conversion/

Side Margin

Side margin is distance to be kept from plot boundary to building line as per Regulations. Calculate how much side margin you need to keep for your building. 

https://foot2feet.com/construction-calculator/pmc/side-margin-calculator/ 

Ready Reckoner Rate

Government rates of land, property is called as ready reckoner rate. These rates are published and regulated by the respective state government. Find Out Ready Reckoner Rates in Pune here - http://www.igrmaharashtra.gov.in/eASR/frmMap.aspx 

R zone (Residential)

It is a zone demarcated as residential area in development plan mostly it shown in yellow color any agriculture land cannot converted in residential zone it agriculture/vanikaran land must pass certain criteria for zone conversion. you can use our site feasibility service to know  whether your land can be converted or not. 

You can check all Types of Land zone

Residential zones – R1 / R2

1. Residential Zone R1 includes Residential plots abutting on roads below 9 m. in congested area and below 12 m. width in outside congested area
2. Residential Zone R2 includes Residential plots abutting on road having existing or proposed width 9 m. and above in congested area and 12 m. and above in outside congested area.

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