UDCPR 2020 Chapter 11 is all about the Acquisition And Development Of Reserved Sites in Development Plans 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. 11.2 Regulations for Grant of Transferable Development Rights

11.2.1  Transferable Development Rights

Transferable Development Rights (TDR) is compensation in the form of Floor Space Index (FSI) or Development Rights which shall entitle the owner for construction of built-up area subject to provisions in this regulation. This FSI credit shall be issued in a certificate which shall be called as Development Right Certificate (DRC).

Development Rights Certificate (DRC) shall be issued by the Authority under his signature and endorsed thereon in writing in figures and in words, the FSI credit in square meters of the built-up area to which the owner or lessee is entitled, the place from where it is generated and the rate of that plot as prescribed in the Annual Statement of Rates issued by the Registration Department for the concerned year.TDR generated within the jurisdiction of a particular Authority, shall be utilized within the jurisdiction of the same Authority as per this regulation.

11.2.2 Cases Eligible for Transferable Development Rights (TDR)

Compensation in terms of Transferable Development Rights (TDR) shall be permissible for -

i) Lands under various reservations for public purposes, new roads, road widening, etc., which are subjected to acquisition, proposed in Draft or Final Development Plan, prepared under the provisions of the Maharashtra Regional and Town Planning Act, 1966.

ii) Lands under any deemed reservations according to any regulations prepared as per the provisions of the Maharashtra Regional & Town Planning Act, 1966.

iii) Lands under any new road or road widening proposed under the provisions of Maharashtra Municipal Corporation Act, Maharashtra Municipal Council, Nagar Panchayat, and Industrial Township Act.

iv) In the case where the layout is submitted along with the proposed Development Plan Road, in such cases TDR shall be permissible for the entire road width as per these regulations.

v) Development or construction of the amenity on the reserved or deemed reserved land.

vi) Unutilized FSI of any structure or precinct which is declared as a Heritage structure or precinct under the provisions of Unified Development Control and Promotion Regulations, due to

restrictions imposed in that regulation.

vii) In lieu of constructing housing for slum-dwellers according to regulations prepared under the Maharashtra Regional & Town Planning Act, 1966.

viii) For handing over land to the Authority for development of housing under PMAY by the Authority.

11.2.3 Cases not eligible for Transferable Development Rights (TDR)

It shall not be permissible to grant Transferable Development Rights (TDR) in the following circumstances :-

i) For earlier land acquisition or development for which compensation has been already paid partly or fully by any means.

ii) Where an award of land has already been declared and which is valid under the Acquisition Act or the Right to Fair Compensation & Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 unless lands are withdrawn from the award by the Appropriate Authority according to the provisions of the relevant Acts.

iii) In cases where the layout has already been sanctioned and layout roads are incorporated as Development Plan roads prior to these regulations.

iv) If the compensation in the form of FSI/or by any means has already been granted to the owner.

v) Where lawful possession including by mutual agreement/or contract has been taken and such agreement does not provide for TDR.

vi) For an existing user or retention user or any required compulsory open space or recreational open space or recreational ground, in any layout.

vii) For any designation, allocation of the use or zone which is not subjected to acquisition.

viii) Existing nallah, river, natural stream, natural pond, tank, water bodies, etc.

ix) Reservations that are not developable under the provisions of UDCPR.

x) For the lands owned by the State Government.

11.2.4 Generation of the Transferable Development Rights (TDR)

Transferable Development Rights (TDR) against surrender of land :-

a. For surrender of the gross area of the land which is subjected to acquisition, free of cost and free from all encumbrances, the owner shall be entitled to TDR or DR irrespective of the FSI permissible or development potential of such land to be surrendered and also that of land surrounding to such land at the rate given below :-

Note :-

i) The quantum of Transferable Development Rights (TDR) generated for reservation in the area having total legal impediment/constraint on construction or development like CRZ/Hazardous zone/Low-Density zone, shall be 50% of TDR generated as prescribed above.

ii) The quantum of Transferable Development Rights (TDR) generated for Bio Diversity Park reservation shall be 8% of the gross area.

(Explanation: The above entitlement may also apply to the compensation paid in the form of FSI to the owner to be utilized on the unaffected part of the same land parcel, and in such cases, the procedure of DRC shall not be insisted.)

Provided that, if leveling of land and construction/erection of the compound wall/fencing as per Clause (b) below to the land under surrender is not desirable considering the total area of reservation, the quantum of TDR shall be reduced to 1 : 1.85 and 1 : 2.85 in non- congested area and congested area respectively. In such cases, the owner shall also have an option of paying the cost of the construction of a compound wall (as decided by the Authority) without reducing the quantum of TDR.

Provided further that such construction/erection of compound wall/fencing shall not be necessary for area under development plan roads. In such cases TDR equivalent to entitlement as mentioned above shall be granted without any reduction.

Provided also that Additional/incentive Transferable Development Rights (TDR) or Development Rights (DR) to the extent of 5% of the surrendered land area shall also be allowed to the land owners who submit the proposal for grant of Transferable Development Rights (TDR) of land reserved in the development plan, within 2 years from the sanction of these regulations.

Provided that the quantum of generation of TDR as prescribed above, shall not be applicable for TDR generated from the construction of amenities or construction of reservation/deemed reservations/roads, Slum TDR, Heritage TDR.

b. DRC shall be issued only after the land is surrendered to the Authority, free of cost and free from encumbrances, after leveling the land to the surrounding ground level, and after constructing/ erecting a 1.5 m. high compound wall/fencing, i.e., brick/stone wall up to 0.60 m. above ground level and fencing above that up to the remaining height with a gate, at the cost of the owner and to the satisfaction of the Authority.

c. If any contiguous land of the same owner/developer, in addition to the land under surrender for which Transferable Development Rights (TDR) is to be granted, remains unbuildable, the Authority may grant Transferable Development Rights (TDR) for such remaining unbuildable land also if the owner/developer hands it over free of cost and free from all encumbrance and encroachment. If such land is from the proposed roads then such land shall be utilized for roadside parking, garden, open space, or roadside amenities including bus bays, public toilets, or any compatible user as the Authority may decide and if the such land is from the proposed reservation then same shall be included in such proposed reservation and shall be developed for the same purpose.

d) In the case of the lessee, the award of Transferable Development Rights (TDR) shall be subject to the lessee paying the lessor or depositing with the Authority for payment to the lessor, an amount equivalent to the value of the lessor's interest to be determined by the Authority on the basis of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 against the area of land surrendered, free of cost and free from all encumbrances.

e) Where the authority has taken the possession of the reserved land in the development plan with the commitment of granting TDR / DRC in the past and DRC is not issued, in such cases, DRC shall be issued for the quantum as per this UDCPR.

11.2.5 Transferable Development Rights (TDR) against Construction of Amenity -

When an owner or lessee, with prior approval of the Authority, develops or constructs the amenity on the surrendered plot, at his own cost subject to such stipulations as may be prescribed and to the satisfaction of the Authority and hands over the said developed/constructed amenity free of cost to the Authority, then he may be granted a Transferable Development Rights (TDR) in the form of FSI as per the following formula :-

Construction Amenity TDR in Sq.m. = A / B * 2.00 Where,

A = cost of construction of amenity in rupees as per the rates of construction mentioned in Annual Statement of Rates (ASR) prepared by the Inspector General of Registration for the year in which construction of amenity is commenced. (In the case of the construction of a new D.P. road, the cost of construction as worked out on the basis of the District Schedule of Rates.)

B = land rate per Sq.m. as per the Annual Statement of Rates (ASR) prepared by the Inspector General of Registration for the year in which construction of amenity is commenced.

In the case of buildings like auditoriums, assembly, etc. wherein the height of the building is higher, the cost of the building may be worked out from the Public Works Department as per applicable DSR. Also, expenses for ancillary requirements only of immovable items like acoustic, etc. may also be included in such cost. Such expenses for ancillary requirements may also be considered for hospital and educational buildings.

If any person, with the consent of the authority, constructs the D.P. road by obtaining development rights/consent of the other owners whose land is covered under the D.P. road, then such person may be entitled for construction amenity TDR subject to -

i) This provision shall only apply to the construction of a new road proposed in the Development Plan.

ii) One end of the road should meet other existing public roads.

iii) The specifications for the construction of the road shall be as decided by the Authority.

11.2.6 Utilisation of Transferable Development Rights (TDR)

i)  A holder of DRC who desires to use FSI credit therein on a particular plot of land shall attach valid DRCs to the extent required with his application for development permission. Proposal for Transferable Development Rights (TDR) utilisation shall be submitted along with the documents as may be prescribed by the Authority or by the Government from time to time.

ii)  With an application for development permission, where an owner seeks utilization of DRC, he shall submit the DRC to the Authority who shall endorse thereon in writing in figures and words, the quantum of the TDR proposed to be utilized, before granting development permission. Before issuance of the Occupation Certificate, the Authority shall endorse on the DRC, in writing in figures and words, the quantum of TDR/DRs actually used and the balance remaining, if any

iii)  The Transferable Development Rights (TDR) generated from any land use zone shall be utilized on any receiving plot irrespective of the land use zone including development plan reservations of a buildable nature and anywhere in the congested or non-congested area or town planning scheme area earmarked on Development Plan. The equivalent quantum of Transferable Development Rights (TDR) to be permitted on the receiving plot shall be governed by the formula given below :-

Formula: X = (Rg / Rr) x Y Where,

X= Permissible Utilisation of TDR/DR in sq.m. on receiving plot.

Rg = The Rate for land in Rs. per sq.m. as per the ASR of generating plots in the generating year. 

Rr=  Rate for land in Rs. per sq.m. as per ASR of receiving plot in generating year. 

Y= TDR debited from DRC in sq.m.

11.2.7  Utilisation of Transferable Development Rights (TDR) and Road Width Relation

i) The total maximum permissible built-up area and utilization of Transferable Development Rights (TDR) on the receiving plot shall be, as per Regulation No.6.1, 6.2, and 6.3.

ii) The quantum of maximum permissible TDR loading mentioned in Table 6-G of Regulation No.6.3 shall include a minimum 30% and a maximum of 50% slum TDR/URT/Amenity TDR (wherever applicable). If such TDR is not available, the other TDR may be used. Moreover, this shall not be applicable for TDR loading mentioned in Regulation No.6.1.1. Table 6-A.

iii) The utilization of Transferable Development Rights (TDR) shall be permissible by considering (1) the provision mentioned in Note (xiv) below Table No.6-G of Regulation No.6.3.

11.2.8  Areas Restricted from Utilisation of Transferable Development Rights (TDR)

Utilization of Transferable Development Rights (TDR) shall not be permitted in the following areas :-

a. Agricultural/No Development/Green Zone/Green Belt/Regional Park/HTHS Zone and Bio Diversity Park reservation in the Development Plan.

b. Area within the flood control line i.e. blue line (prohibitive zone) as specified by the Irrigation Department.

c. Coastal regulation zone.

d. Area having developmental prohibition or restrictions imposed by any notification issued under the provisions of any Central/State Act (like CRZ regulations, Defense restriction areas, etc.) or under these regulations.

c. Koregaon Park area in Pune Municipal Corporation area.

11.2.9 General stipulation

i) Development Rights (DRs) will be granted to an owner or lessee, only for reserved lands that are retainable and not vested or handed over to the Government/Urban Local Bodies and not exempted under section 20 or 21 of the then Urban Land (Ceiling and Regulations) Act, 1976 and undertaking to that effect shall be obtained, before a Development Right is granted. In the case of schemes sanctioned under section 20 or 21 of the said Act, the grant of Development Rights (DRs) shall be to such extent and subject to the conditions mentioned in section 20 or 21 scheme and such conditions as the Government may prescribe. In the case of non-retainable land (surplus land), the grant of Development Rights shall be to such extent and subject to such conditions as the Government may specify. The provisions of this Regulation shall be subject to the orders issued by the Government from time to time in this regard.

ii) In case of lands having tenure other than Class-I, i.e. Inam lands, tribal lands, etc., N.O.C. from the Competent Authority shall be produced by the landholder at the time of submission of application for grant of TDR.

iii) DRC shall be issued by the Authority as a certificate printed on bond paper in an appropriate form prescribed by him. Such a certificate shall be a “transferable and negotiable instrument” after the authentication by the Authority. The Authority shall maintain a register in a form considered appropriate by him of all transactions, etc. relating to the grant of, or utilization of DRC.

iv) The Authority shall issue DRC within 90 days from the date of application or reply from the applicant in respect of any requisition made by him, whichever is later.

v) The TDR shall be granted only for those reservations that are developable for the intended purpose under these regulations.

11.2.10 Transfer of DRC

The Authority shall allow the transfer of DRC in the following manner :-

i)  In case of death of the holder of DRC, the DRC shall be transferred only on production of the documents, as may be prescribed by him, from time to time, after due verification and satisfaction regarding title and legal successor.

ii) If a holder of DRC intends to transfer it to any other person, he shall submit the original DRC to the Authority with an application along with relevant documents as may be prescribed by the Authority and a registered agreement which is duly signed by the Transferor and Transferee, for seeking the endorsement of the new holder's name, i.e., the transferee, on the said certificate. The transfer shall not be valid without endorsement by the Authority and in such circumstances the Certificate shall be available for use only to the holder/transferor.

The utilization of TDR from such a certificate shall not be permissible during the transfer procedure.

iii) The Authority may refrain the DRC holder from utilizing the DRC in the following circumstances :-

a)  Under direction from a competent Court.

b)  Where the Authority has reason to believe that the DRC is obtained

a) by producing fraudulent documents  b) by misrepresentation,

iv) Any DRC may be utilized on one or more plots or lands whether vacant, or already developed fully or partly by the erection of an additional storey, or in any other manner consistent with the these Regulations.

v) DRC may be used on plots/land having Development Plan reservations of buildable nature, whether vacant or already developed for the same purpose, or on the lands under deemed reservations, if any, as per these Regulations or on amenity space.

vi) DRC may be used on plots/land available with the owner after surrendering the required land and construction to the Authority under the provisions of Accommodation Reservation. In such circumstances, for the purpose of deciding the receiving potential of the plot for the Transferable Development Rights (TDR), the total area of the reservation before surrender shall be considered.

11.2.11  Infrastructure Improvement Charges -

No infrastructure improvement charges shall be paid for the utilization of TDR.

11.2.12 Vesting of Land 

The Authority, before issuing DRC, shall verify and satisfy himself that the ownership and title of the land proposed for surrender is with the applicant, and get the Record of Right corrected in the name of Authority.

In case the Appropriate Authority for reservation is other than the Authority, it shall be permissible for the Authority, on the request of such authority to grant TDR under this regulation and hold such possession as a facilitator.

Provided that, the Authority shall hand over the possession of such land to the concerned Appropriate Authority, after receipt of the value of land, from such Appropriate Authority as per the Annual Statement of Rates prevailing at the time of handing over possession of land under reservation.

Provided also that, if such Appropriate Authority is the State Government or State Government Department, the Authority shall handover the possession of such land to the concerned Department, free of cost.

11.2.13 Effect of this Regulation

DRC issued under the old regulations as per TDR zone, shall be utilized as per these regulations considering the year of generation of TDR mentioned on the original DRC and accordingly land rate in the relevant ASR shall be considered.

Provided also that old TDR purchased as per TDR zones for utilization on a specific plot with registered documents of sale and/or specific proposal for utilization of such TDR pending in the ULBs, shall be allowed completely as per the old regulations.

Rule No. 11.3 Reservation Credit Certificate (RCC)

The reservation credit certificate is a certificate specifying the amount of compensation in lieu of handing over of reserved land to the Corporation and shall be issued by the Authority. The amount mentioned in this credit certificate may be used for payment of various charges like development charges, premiums, property tax, infrastructure charges, etc. to the authority from time to time in the future till exhausting the amount mentioned therein. Reservation Credit Certificate shall be issued subject to the following conditions.

i) The authority shall acquire the land under reservation in lieu of RCC only when it is immediately required for the development or creation of amenities or services or utilities.

ii) Such certificate shall not bear any interest on the amount mentioned therein and shall be transferable. However, payment being made to the authority through the amount from RCC after six months from the date of issue of RCC shall be discounted @ 10% for the payments to be made under provisions of these UDCPR.

iii) The amount of compensation to be paid to the owner shall be as per the provisions of the relevant Acts dealing with land acquisition as amended from time to time.

iv) The land to be handed over to the Corporation shall be free from all encumbrances and procedures laid down in TDR regulations shall be followed.

The Authority shall endorse the entries of payment on such certificate from time to time. It shall maintain a record in a form considered appropriate by it of all transactions relating to the grant of the utilization of reservation credit certificate.

Related Regulations to Rule No. 11- 

You can visit our other blog on Regulation 11 through the below-mentioned links:

Manner of Development of Reserved Site in Development Plan (Accommodation Reservation Principle) in UDCPR 2020

Are planning to buy / sell any land ? 

Are  you looking to develop a land ? 

Are you looking for joint venture of you land with any builder ? 

Wait…

Here is what you must know about your land before you buy it.

1. For any Investment in land for Buy , Sell, Develop or Joint venture legal rights, clear 7/12 extract (7-12 उतारा), title clear certificate, with no litigations or with undisputed rights to seller are must.
2. There is also a common misconception for that clear ownership rights is all enough for any kind of development (eg-  residential, bungalow, commercial, industrial, institutional etc…) Title & search report clarify ownership rights of land but it does not clarify development uses of the land. So a wise decision in land deal is to consider various parameters of land development. Few of them are explained below

Zone of plot –

1. Land zone is most important factor for any kind of use of land. Planning authority plans various zones in development Plan. These zones are like Residential (R zone), Commercial Zone, Industrial Zone, Agriculture Zone…
2. One cannot develop the land for any other purpose except those decided by planning authority or government. (eg- residential building, industry etc…)
3. Zone conversion is not easy to go process. Unless it matches certain parameters of access road, distance from Gotham, land area etc. zone cannot be converted.
4. Most of cases zone change is permitted after payment of certain charges to government.

Access Road –

1. Many times plot are purchased with 10 feet or 20 feet access road. It do not serve all development purpose of user.
2. eg – commercial building must have min 12 M road. (In non congested area)
3. On any highway or major roads, one cannot develop area without leaving certain distance from road.
4. If access road is not of required width then planning authority do not allow such development.

Reservations –

1. Reservation are not necessarily to be marked on site. So verification in development / regional plan & on site is recommended.
2. Most of the natural reservations cannot be developed & no FSI / TDR as compensation is given to owner. These natural reservation include River blue Line, Area Under Nala, Hill Top & Hill slope, BDP (Bio Diversity Park), etc…
3. For some reservations owner gets FSI / TDR (sometimes 2 times of land area) after handing over such land to authority. Eg – D.P Road, Garden, Metro station, Fire station etc…
4. Some reservations can be developed by owner/ developer under certain restrictions.

Factors affecting planning and construction area –

1. Various factors affect plot & permissible development on such plot. In such case desired construction area may or may not be achieved.
2. These factors are like plot shape, plot sizes, land slope, Height limitations etc…
3. Few other factors are like Electric lines, building control line, buffer zone, distance from railway line, airport vicinity zone, etc.. Plot in these cases can be developed after leaving certain distance from such factors.

A higher Floor Space Index (FSI) means that developers can build bigger buildings on a piece of land. It allows for taller or denser structures, or more buildings on the same area of land.

The Permissible of higher FSI for the buildings can be differ according to the different building categories like educational, school, hospital, banks, etc

UDCPR Chapter 7 is all about the Higher FSI for Certain Uses for different buildings

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. 7.0 General

A higher Floor Space Index may be allowed for certain uses in congested and non-congested areas except as otherwise specified and subject to the following conditions :
                    
i)  Permissible higher FSI for the buildings as mentioned in Table No.7-A shall be the maximum permissible building potential according to road width as mentioned in column 6, 9 of Table No.6-A or column 6, 9 of Table No.6-G under Regulation No.6.1 or 6.3 (whichever is applicable) minus Basic FSI. Instead of availing this higher FSI, the owner shall be entitled to avail of premium FSI/TDR or both to that extent.
                        
ii)  Such higherFSI shall only be available for use for which higher FSI is granted along with ancillary uses.
                        
iii)  Premium - Premium for higher F.S.I. shall be as per column 4 of Rule No.7-A below:- The rate of the premium is based on the land rate mentioned in ASR for respective S.No./CTS. No. The premium collected shall be shared 50:50 between the State Government & the Authority respectively. Premium to be paid to the Government shall be deposited in the concerned Account Head of Urban Development Department at the Government Treasury by the Authority. In the case of areas of Regional Plans, such entire premium shall be paid to the Government through the District office of the Town Planning and Valuation Department. The quantum/rates of premium shall be subject to the orders of the Government from time to time.
                        
iv)  In addition to the above, other ancillary area FSI, as mentioned in below in rule No.6-A and 6-G (whichever is applicable) shall also be applicable for these uses.
                        
vi) The higher FSI shall also be permissible to existing authorized uses subject to structural stability.
                    
f) If the owner/developer desires to avail such higher F.S.I. in the future for new buildings, then while seeking building permission at first instance, the building plan shall be submitted considering the marginal distances as required for the height of buildings for such higher F.S.I. No condonation in the required open spaces, parking, or other requirements in these regulations shall be allowed. However, for the proposals in respect of existing buildings, such conditions need not be insisted upon and the proposal shall be cleared only after strictly conforming to structural and fire safety norms.

g) No Amenity Spaces as per Regulation No.3.5 shall be required to be provided for the uses mentioned in Table No.7-A.
                    
h) In the agricultural zone, uses mentioned at sections A & B of 7-A, shall be entitled for 100% additional FSI over and above, permissible in said zone.

Rule No. 7.1 - Higher FSI 

Categories of the other buildings

A) Educational

i) Pre-primary School, nursery Kindergarten, and Special Educational Institute for Physically challenged/Mentally ill.      

       
Basic FSI     

As per Regulation No.6.1 or 6.3, whichever is relevant. 

Additional FSI

Maximum Building Potential limit as mentioned in Rule No. 6-A or 6-G (whichever is relevant minus basic FSI)

Rate of the Premium

5%

ii) Primary School

Rate of the Premium

5%

iii) Other educational buildings, including boys', girls', and youth hostels, are within 500 m. periphery from the recognized educational institutions.

                    
Rate of the Premium

For Charitable Institutions 10% and for private buildings 15%. 
                    

Conditions if any    

a) Provision of playground shall be complied with as specified in these regulations. Provided that, it shall not be necessary to increase the area of the existing playground, if any, when utilization of higher F.S.I. as otherwise permissible in these regulations, is proposed on an upper floor of the existing building.

Provided further that, in case of the existing building wherein utilization of higher F.S.I. is proposed on the vacant land, the area of the ground shall not be less than 40% or the existing area of the ground whichever is minimum.

Provided further that, in case of the existing building wherein utilization of higher F.S.I. on upper floors is not possible and it is necessary to expand the existing building to accommodate the number of students, then in such exceptional circumstances, the required area of the playground (and not existing) may be permitted to be reduced.

b) The maximum height of the Educational building shall be as per the Maharashtra Fire Protection and Life Safety Measures Act, 2006.
            

B) Medical institutions - Hospitals, maternity homes, buildings.

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI. However, the maximum building potential shall be 
Considered as 3.00 subject to Road width 18.0 m. and above.

Rate of the Premium

For Charitable Institutions 10% and for private buildings 15%.

Conditions if any

The maximum height of buildings for hospitals, sanatoriums, and nursing homes shall be as per the Maharashtra Fire Protection and Life Safety Measure, Act, 2006.

C) Institutional buildings/Banks

Additional FSI

Maximum Building Potential limit per road width as mentioned in Table 6-A or 6-G (whichever is relevant) minus basic FSI.

Rate of the Premium

For Charitable Institutions 10% and for private buildings 15%.
                               
D) Starred category hotels (two star and above) Mega-Ultra Mega and Large Tourism Project/Unit as per Maharashtra Tourism Policy - 2016 or as amended from time to time.

Rate of the Premium

20%

Conditions if any

i) Certificate from the Tourism Department, GOI shall be necessary for the type of category of hotels.

ii) The maximum building potential limit mentioned in Table No.6-A or 6-G shall be allowed considering the road width one step below. e.g. for the roads mentioned in Sr.No.3 in Rule 6-G, the maximum building potential shall be considered as given in Sr.No.4.

iii) Mega/Ultra Mega/Large Tourism Project/Unit may also include Tourism support activities to the extent of 20% of the additional FSI consumed.

Buildings of Government and Semi-Government Offices, Local Authorities, and Public Sector Undertakings/the Land in possession of Maharashtra State Road Transport Corporation/City Transport/Metro Stations and Depot including Govt, Guest Houses.

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI. However, the maximum building potential shall be
considered as 3.00 for Roads having a width of 18.0 m. and more.

Rate of the Premium

Government and Semi-Government Originations, Local Authorities – Nil.

For Public Sector Institutions – 15%.

Conditions if any

i) The Authority may allow exceeding the limit of higher FSI mentioned in column 3.

ii) For the land in possession of MSRTC, a maximum of 2/3 FSI out of maximum building potential shall be permitted to be utilized for commercial use. Provided that a minimum of 50% contiguous land shall be used for the principal purpose of MSRTC.

E) Buildings of Government and Semi-Government Offices, Local Authorities, and Public Sector Undertakings/the Land in possession of Maharashtra State Road Transport Corporation/City Transport/Metro Stations and Depot including Govt. Guest Houses.

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or Table 6-G (whichever is relevant) minus basic FSI. However maximum potential is considered as 3.00 for Roads having a width of 18.0 m. and more.

Rate of the Premium

Government and Semi-Government Originations, Local Authorities – Nil.

For Public Sector Institutions – 15%.

Conditions if any

i) The Authority may allow exceeding the limit of higher FSI mentioned in column 3.

ii) For the land in possession of MSRTC, a maximum of 2/3 FSI out of maximum building potential shall be permitted to be utilized for commercial use. Provided that a minimum of 50% contiguous land shall be used for the principal purpose of MSRTC.

F) Religious Building

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI.    

Rate of the Premium

15%        

Conditions if any    

i) It shall be necessary to obtain the No-Objection Certificate from the concerned Police Authority and Collector (District Magistrate), before granting permission.

ii) Other ancillary users like the administration office, Dharmashala, or Accommodation for devotees, eateries, convenience shops, etc. may be permitted. 

                   
G) Yatri Niwas

Rate of the Premium

15%

I) Basic shelter for the urban poor and Housing schemes developed for EWS/LIG

Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI. or FSI up to 2.5, whichever is maximum.
                    

Rate of the Premium

No premium

Conditions if any                    
                
Any housing scheme for EWS/LIG undertaken by the authority, government/semi-government organization, under the basic shelter for urban poor, or similar program/scheme of the Central/State Government, shall be eligible for higher FSI.

J) Students' Hostel/Working Women - Men/Dormitories/Hostel for Labourers. (for whom Labour Laws are applicable.)        
        
Additional FSI

Maximum Building Potential limit as per road width as mentioned in Table No.6-A or 6-G (whichever is relevant) minus basic FSI.                    
                        
Rate of the Premium                
            
10%        
                
Conditions if any    

i) Built-up area of the unit shall not exceed 17 Sq. m. with or without a toilet, excluding the common area.

ii) The unit shall not be sold and shall be on a rental basis. The condition to that effect shall be stamped on plans and incorporated in the permission letter.

iii) Ancillary facilities such as kitchen, dining hall, common hall, and common toilets may be permitted.

Note :            

i) The owner shall be at liberty to avail TDR instead of paying the premium mentioned in the above table to the extent specified above.

ii) The above premium shall not be applicable for development undertaken by Government, Semi-Government Departments, Local Authorities, and Public Sector Undertakings.
        

Related Regulations to Rule No. 7

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

Buildings of Smart Fin Tech Centre in UDCPR 2020

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

UDCPR 2020 Chapter 9 is all about the Requirements of Part of the Building 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.

9.11 Basements

9.11.1 

Basement shall generally be constructed within the prescribed setbacks/margins with one or more levels.

The following uses shall be permissible at free of FSI.

i) Air-conditioning equipment and other machines used for services and utilities of the building;

ii) Parking spaces;

iii) D.G. set room, meter room, and electric substation (which will conform to required safety requirements), Effluent Treatment Plant, suction tank, and pump room;

iv) Storage (only for use of Data Centre)

The following uses shall be permissible and counted in FSI.

a) Storage of household or other goods or ordinarily non-combustible material incidental to principle use;

b) Strong rooms, bank lockers, safe deposit vaults, laundry room, Radio/laser therapy, post mortem room, mortuary, medical shop and, cold storage for hospital building, etc.

c) Commercial use in the first basement is in the case of shopping centres/shopping malls.

d) Uses strictly ancillary to the Principal use.

e) Nursing quarters are used as an ancillary to the hospital in the first basement, if it is 0.9 m. to 1.2 m, above ground level with proper ventilation.

Provided that,

i) If the basement is proposed flushing to average surrounding ground level, then such a basement can be extended in side and rear margins up to 1.5 m. from the plot boundary.

ii) Multilevel basements may be permitted if the basement is used for parking. 9.11.2 The basement shall have the following requirements -

9.11.2 The basement shall have the following requirements -

a) Every basement shall be in every part at least 2.4 m. in height from the floor to the soffit of the beam.

b) Adequate ventilation shall be provided for the basement with a ventilation area not less than 2.5% of the area of the basement. Any deficiency may be met by providing adequate mechanical ventilation in the form of blowers, exhaust fans or air-conditioning systems, etc.

c) The minimum height of the ceiling of any basement shall be 0.9 m. and the maximum shall be 1.2 m above the average surrounding ground level. However, it does not apply to the mechanically ventilated basements. In such cases, the basement may also be allowed to flush to the average ground level.

d) Adequate arrangements shall be made to ensure that surface drainage does not enter the basement.

e) The walls and floors of the basements shall be water-tight and be so designed that the effect of the surrounding solid and moisture, if any, is taken into account in the design and adequate damp proofing treatment is given. In the case of a special building, where, the movement of a fire-fighting vehicle is proposed on the basement flushing to the ground level, the slab of the basement shall be designed to withstand the pressure of a fire-fighting vehicle.

f) The access to the basement shall be separate from the main and alternate staircase providing access and exit from higher floors. Where the staircase is continuous, the same shall be enclosed type serving as a fire separation from the basement floor and higher floors. Open ramps shall be permitted subject to the provision of Regulation No.9.12.

Related Regulations to Rule No. 9

Habitable Rooms 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

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