Mumbai - Old Building Redevelopment Rules

MUMBAI - REDEVELOPMENT OF OLD, CESSED BUILDING THROUGH PRIVATE DEVELOPERS As the pace of reconstruction of cessed buildings by MBRRB wasfound to be not sufficient so as to cover the entire cessed buildings in the Island City of Mumbai, it was felt by the Govt. that the pace of redevelopment could be increased with the involvement of tenants/landlords/private developers. With this in view, the State Govt. introduced the policy of giving FSI 2.00 for redevelopment of cessed buildings in the year 1984. In the year 1991, the Govt framed the Development Control Regulations for Mumbai. Under these Regulations, the Rule no. 33(7) was formed for redevelopment of cessed buildings in the Island City of Mumbai and the provisions of the policy of 1984 were incorporated in it. However, there was no encouraging response to this scheme from the tenants/landlords. Hence, the Govt. formed a Committee under the Chairmanship of Shri Sukhtankar to overview the implementation of the scheme. On the submission of the Report of the Sukhtankar Committee, the Govt. in the year 1999 amended the Development Control Regulation 33(7). The brief highlights of the amended Development Control Regulation 33(7) are as follows: In case of redevelopment of 'A' category cessed buildings (constructed before 1940) undertaken by the landlord or Cooperative Housing societies of landlord or occupiers, the total FSI shall be 2.5 of the gross plot area, or the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI, whichever is higher. Under the new policy the developer is assured of at least 50% FSI for free sale. Also the policy enables rehabilitation of all occupants on the same plot, reducing social dislocation. Self contained flats of minimum 225 sq.ft. and maximum 753 sq.ft. carpet area are given to the old residential tenants/occupants. Shopkeepers are given an area equivalent to their old area. In case of 'B' category cessed buildings permissible FSI shall be the FSI required for rehabilitation of existing occupiers plus 50% incentive FSI. As per the permissible FSI, stated above, will depend upon the number of occupiers and the actual area occupied by them, no new tenancy created after 13.06.1996 shall be taken into account, while computing the permissible FSI. Similarly, tenants in unauthorized constructions made in the cessed buildings shall not be taken into account while computing permissible FSI, i.e. the total no. of tenants/occupants should not increase after 13.06.1996. The responsibility for rehousing such tenants whose tenancy may have been created after 13.06.96 or who stay in unauthorized construction will lie solely with the NOC holder. to be used in the suburbs or extended suburbs in accordance with the relevant regulations of DCR 1991. 2. because of height restrictions. 2. In case of Heritage buildings in Grade III and precincts. the NOC holder is entitled to avail the benefit of “Transferable Development Rights” (TDR). no permission of the Municipal Commissioner or Heritage Conservation Committee is now necessary. fire-safety regulations. c) 6 or more plots. b) 2 to 5 plots.pdf) . please refer attached PDF file (CRZ-Notification-2011. they may be so dilapidated and dangerous that their reconstruction is most urgently necessary to this end.Though some buildings may belong to 'C' category (may not belong to 'A' or B' categories). it may not be possible to utilize the entire permissible FSI on the same plot. and orders issued from time to time. To encourage the composite redevelopment of several cessed properties together. Government of India vide notification dated 19th February 1991. This leads to lesser congestion and better infrastructure such as internal roads.1 above for redevelopment of buildings of any category declared as dangerous. open spaces.pdf – Page #12) “CRZ areas falling within municipal limits of the Greater Mumbai. B or C category cessed buildings on two or more plots are as follows: No. 2. etc.5 or FSI required for rehabilitation of occupiers plus 60% incentive FSI whichever is higher.5 or FSI required for rehabilitation of occupiers plus 50% incentive FSI whichever is higher. for Greater Mumbai.” AND the attached PDF file (om_020711. the Government has granted additional incentive FSI for composite redevelopment. A large number of old properties can be better developed by clubbing them together instead of developing each property separately.5 or FSI required for rehabilitation of occupiers plus 70% incentive FSI whichever is higher. if the height of the buildings does not exceed 24 meters (excluding stilt). the Government has granted additional incentive FSI as per Point No. This provision ensures that the scheme remains feasible even where the incentive FSI cannot be fully utilized on the same plot. etc. In such cases.* • For the latest update on the CRZ laws (2011). In some cases.1999 will not be applicable to the areas which are affected by the Coastal Regulation Zone (CRZ) notification issued by Ministry of Environment and Forest. The additional incentives in FSI for joint redevelopment of A. of plots proposed for composite redevelopment FSI permissible a) One plot. All these modifications and incentives mentioned in Government gazette notification dated 25. prior to monsoon of 1997.01. ft Old Building Redevelopment Rules & Redevelopment Regulations: STAGES OF REDEVELOPMENT 1. The .R.R & R. Loading of TDR in the society’s name 6. Shifting of the members 8. Obtaining the IOD 7. Offer letter to the society 2. Note: As per Govt. Terms and conditions with the society 3.of the Office Memorandum of Maharashtra Coastal Zone Management Authority Page #3 Para 5) The surplus Built-up area is to be surrendered to M. in lieu of 225 sq. Sanction from MCGM in favour of the society 5. dt. Demolition of the building 9. The selected Developer is informed accordingly and his terms are invited in writing as an Offer letter to the society Terms and conditions with the society: The first step towards the re-development is agreeing on the basic terms and conditions between the members and the Developer. Obtaining the OC 12. Construction of the new building 11. Shifting the old members Offer letter to the society: The Housing Society is required to advertize in 2 leading news papers inviting the sealed tenders from the Developers and a Redevelopment Committee is formed to shortlist atleast 3 Developers on merits and the comparative data is placed before the SPGM for final selection. G. Board as per Schedule -III of MHADA Act 1976. Agreement with the society 4. ft. minimum carpet area admissible is 300 sq. Obtaining the CC 10. 2-3-2009.B. plot area + TDR purchased from open market). Finalizing the plans with members: After due consultation with all the members.broad terms and conditions will include extra area. shifting charges. The members will now shift into their alternate accommodation as a pre-requisite before demolition of the building which is a must before obtaining the CC from MCGM Demolition of the building: Once the members have shifted into their alternate accommodation. etc. the further CC is granted for the complete building Construction of the building: The building construction work will began in full earnest as per the approved plans by the MCGM taking into consideration the various safety factors to be considered during the construction work. The quality and the amenities will be provided as per agreed terms and conditions . alternate accommodation. This step makes the society feel safe and confident towards the Develop Loading of TDR in favour of the society: On receipt of the plans from MCGM approving the loading of TDR. the demolition of the building will take place either all the wings simultaneously or phase wise depending upon the scheme of re-development. the plan will be made to suit the requirements of the existing members and will be approved by them before applying for sanction from MCGM Agreement with the society: The execution of the development agreement will be done once the above two points have been cleared by both the parties and after the draft copy of the agreement have been approved by the solicitors of both the parties. the Developer then starts fulfilling all the conditions as mentioned in the IOD before obtaining the Commence Certificat Shifting of the members: The members will feel lot more confident after the IOD is been obtained from the MCGM towards the entire development of TWO FSI. the Developer will purchase the TDR from the open market in the name of the society and get the same deducted and loaded from MCGM. time of re-development. Usually about three months are given to the members from the date of execution of the development agreement before asking them to shift to the alternate accommodation Obtaining the CC: The IOD approval and demolition of the building will be followed by the issue of the CC (plinth level) by the MCGM which shall enable the Developer to start the construction work and after the plinth lines are verified by the MCGM officers. plans are put up for sanction from MCGM with regards to the entire layout as well as the concession plans in favour of TWO FSI (i. amenities in the new building. This step is taken with the intention of making the society feel secure about the entire development process Obtaining the IOD: After the TDR is loaded. It is possible to appoint a common solicitor so as to reduce the time in execution of the document Sanction from MCGM in favour of the society: After the execution of the development agreement. the IOD is obtained from the MCGM. corpus money.e. 2. of Municipal Corporation of Greater Mumbai No Objection Certificate: MCGM 9. Dept. Survey of the entire plot with regards to the area and topography of the plot.Intimation of Disapproval (IOD): MCGM 4.Sewerage No Objection Certificate: MCGM 8.Urban Land Ceiling NOC: Competent Authority in Collector's . existing plot boundary and existing structures (Developer’s Architect) 3. The Developer shall be responsible to obtain all the necessary approvals from The Municipal Corporation of Greater Mumbai and all other statutory and Government offices and departments which will include: 1.Storm Water Drainage No Objection Certificate: MCGM 7.Development Planning Remark or Town Planning Remark: MCGM (Dev. The new building should have stilt for car parking and should consist of _____ stories as per approved plans.Property Tax Assessment NOC: MCGM (Assessment Department) 5.Hydraulic Engineer No Objection Certificate: MCGM (Hydraulic Department) 6.Obtaining the OC: The last step before the construction work is termed as complete is obtaining the Occupation Certificate enabling the Developer to allot the occupation to the old as well as the new member Shifting the old members: On receipt of the Occupancy Certificate the Developer can lawfully allow the possession of the flats to be taken over by their owners DUTIES AND FUNCTIONS OF THE DEVELOPER 1.Traffic Deptt.) 2. The Developer to demolish the building existing in the plot and construct new multi storied buildings taking into account the earthquake resistant factors as directed by The Municipal Corporation of Greater Mumbai. The final plans are to be prepared after due consultation with the managing committee and understanding their requirements. Office 10. The Developer should provide the following infrastructure after the completion of the redevelopment work: a.Chief Fire Officer's No Objection Certificate: Fire Department Office 16.Building Completion Certificate (BCC):MCGM 22. Complete paving around the building finished with suitable materials b. 3.Soil Testing Report:The Concerned Laboratory Please ensure to collect all the listed certificates from the Developer/Developer as the same must be with the custody of the Housing Society once the redevelopment of the property is completed and the occupancy certificate is issued by MCGM to rehouse the members.Water Connection Certificate under section 270A:MCGM 20.Civil Aviation No Objection Certificate: Airport Authority of India 13.MTNL No Objection Certificate: MTNL 15.Commencement Certificate: MCGM 17.Non-Agricultural Permission: Collector's Office 12. PW 18.TDR Loading:MCGM 23. Storm Water Drain .Building Demolition Work:Contractor appointed for demolition work 24. Occupation Certificate (OC):MCGM 19.Pest Control No Objection Certificate: MCGM (PCO) 14. Tree No Objection Certificate: MCGM (Tree Authority) 11.Drainage Completion Certificate:MCGM (Water Department) 21. Lift Inspection No Objection Certificate:Inspector of Lifts. The compensation has to be paid from the time the vacant possession is given by the members for demolition till the construction of the new building/s is/are complete and the peaceful possession of the new flats given by the Developer. The flower bed as open balcony area should be provided as permitted by The Municipal Corporation of Greater Mumbai. Adequate car parking spaces The Developer has to provide extra areaover and above the existing carpet area to all the members free of cost in the newly constructed building.fts on the existing carpet area.ftson the existing carpet area.fts. The above amount is helpful in paying all outgoings of the existing members in the newly constructed flats. 7. The corpus amount is worked out on the basis of Rs…….The Developer may tie up with leading financial institutions and banks and arrange for necessary approvals for housing loans for the existing members and prospective clients.c. Pipe gas line (as per availability) g. 8.The society shall accept and admit the prospective/additional flat owners of the newly constructed building/s as members of the society and treat them at par with existing members. Internet facility (as per availability) h.The Developer should prepare a tentative layout of the new building which has to be shown to the members as and when required. 6. Garden and landscaping (wherever possible) f.towards granting of development rights. (Area will be approx sq. 5.The Developer should complete the entire re-development work within a period of ___ months or as agreed with the Society after all the legal formalities and Municipal approvals are obtained. Society office i.. The initial Municipal approvals will take about three months depending upon the existing rules and regulations governing the re-development work.) 4.The Developer should provide displacement compensation towards temporary alternate accommodation to the affected members during the construction work at the rate of Rs…… per sq.per sq. a corpus fund of Rs……. .The Developer should pay the society/individual member. Sewerage lines d. Security arrangements e.. 9. Plaster of Paris:Beautifully designed cornice has to be provided in living room. Doors: All the doors should be provided with Marine Flush Doors and CP frame with cover mouldings. Windows:All the windows of rooms and toilets should be provided with marbles frames with designed mouldings. safety chain. tower blot and attractive handle. The building may be provided with sand faced plaster on the external face water proofing plaster and chicken mesh should be used as required Entrance Lobby:The entrance lobby may be elegantly designed with Granite tile and POP false ceiling. 3/20. (living room and bed room) Geysers Exhaust fans . Heavy section powered aluminum sliding windows with 5 mm tinted glass may be provided with imported bearings and fittings. and 7/20 flexible wires with use of MCB and ELCB for safety of the flat owners. Extensive electric layout comprising of the following points to be provided: Spot Lights (living room and bed room) Tube lights Fans A. Elevation and Planning:Exquisitely designed elevation features may be provided along with careful and detailed planning with plenty of light and ventilation in each rooms and minimum wastage space with proper co-ordination of all rooms. Walls of all the rooms to be finished with POP panning and grooves to be provided on top of the skirting Electric work:All the electric wiring work must be done as per the norms of Reliance Energy using 1/18.C. The main door must be provided with good quality night latch.STANDARD LIST OF AMEMITIES Structure:The structure would be designed as Multi Frame Structure of RRC with provisions of Earth Quake resistance features. Latest available switches of reputed company must be provided. Internal doors may be provided by cylindrical mortise type locks. taps. Compound wall and gates: New compound wall should be constructed with proper design and sufficient electric points. cable Gas pipe line (if available) Plumbing:All the plumbing pipes.Aqua guard Mixers Washing machine Refrigerator T. CP plumbing fixtures (ESS ESS or JAGUAR) should be be provided in all toilets with matching sanitary ware of reputed company. cable Gas pipe line (if available) Refrigerator T. showers. washing machines and aqua guard. Terrace: The terrace should be finished with china chips and high parapet wall with corner lights and water points. fixtures and fittings should be strictly as per IS Norms.V. Colour:The entire flat should be painted with Synthetic enamel paint including doors and ceilings.V. Toilets should have full dado height of coloured glaze tiles of reputed company of Indian or imported make with designer borders and motifs. Stainless steel sink has to be provided. The external walls of the buildings must be painted with good quality cement paint. Kitchen:Granite kitchen platform comprising of cooking and serving platforms may be provided with moulded facia patti and vertical sides. Flooring and Tiling: Marble or granite or granite flooring should be provided with matching skirting of 3”. REDEVELOPMENT PROCESS . Plumbing points should comprise of wall mixtures. Lift:Lift of OTIS/Johnson make may be provided with all the safety features. Reconstructions. civil engineers and legal Advisors. 3) Edifice in the field of Re-development Edifice is well equipped with team of experienced architects. Legal Advisor is required to prepare development agreement and individual MOFA agreements of society members of developers and check other legal aspects of the proposal. designs and municipal approvals. 4) How can WE help society in Process of Redevelopment Carring out structural Audit To ensure redevelopment Passing general body resolution for redevelopment should be passed in AGM to go for redevelopment.C. drawings of the proposed building and check onsite quality of the construction. remarks.C. Technical Analysis of offers of developers. List of member with their respective carpet areas C. At least 15% members consent is required to start the process of redevelopment at the time of final decision 75% members consent is required . Using that knowledge we guide society through entire process of redevelopment so that the members can get the maximum benefits from the builder and at any stage of redevelopment members do not get cheated by the developer. D.1) Documents Required by the society : Conveyance deed Society Registration Certificate General Body Resolution to go for redevelopment. remarks Copy of municipal approval plans 2) Importance of Project Management Consultant in Redevelopment A consultant is basically a team of Architects. plan & property card for the plot.T.S. preparation of schedule of municipal process with developer. Civil Engineers and Legal Advisors.C. and hence very well know how the maximum plot potential and benefits a developer can avail from any plot. If the property is under TPS scheme then T. verifications of building plans prepared by the developers.P. Our team of structural Engineers keeps check on the construction work and ensures the better quality of construction from the developer. After working for so many years in the field of building Constructions.P.G. A civil Engineer is required to cross check R.M. An Architect is required to prepare financial feasibility of project. we are well acquainted with development rules and regulations of M. A report will be submitted by the society stating in the maximum benefits the members can demand from the developers. legalization and authorization of the area allotted to the members. Preparation of Tender document. Ranking shall be given to developers. Finalization of building plans The plans of proposed building prepared by the developers shall be verified in respect of planning . So that the project doesn't stuck up after demolition of the building. and detailed specifications which makes it easier to evaluate the offers received since they are given on the same base Preparation of comparative chart of developers. general conditions.Preparation of financial feasibility report. carpet area . carpet area of existing members & available TDR/ additional FSI benefits. Finalization of developer on the basis of report given by the consultant. A chart showing the comparative analysis of all the offers shall be prepared to Get the idea of the best offer received. the projects carried out by the developers shall be Inspected . their market reputation shall be checked and accordingly the best developer shall be recommended to the society. Preparation of development agreement While preparation of development agreement between society and developer inputs shall be given in terms of technical clauses which would Safe guard the interest of the society and safety of the project . area calculations. technical specifications. "Tender" is a crucial document. It shall contain an agreement. On the basis of ranking . various information's to bidder. Preparation of tender to invite offers from developers. consumed FSI. which is to be designed meticulously to avoid any kind of misunderstanding/argument during the course of project. The care is taken that the necessary permissions are obtained and legal formalities are fulfilled to secure the project by the developer before he ask the members to vacant the premises. Vacating the building after the builder obtains the necessary permission. A feasibility report shall be prepared by studying existing building plans. . Corpus fund must be deposited when property is vacated. Forming resident's society within specified period of 12 months or as agreed in the agreement terms Arbitration details.. while signing the agreement (no interim document must be signed): Precise details on carpet area (because developer may mention super built up area.this can take care of maintenance and the increased property tax after re-development and re-assessment. like parking. most generally appoint a developer.Demolition and reconstruction of building. . kitchen. The occupants must take care of the following factors.ordination with the developer shall be done to see that all the formalities for the occupation of the building are fulfilled and members get possession with the occupation certificate. Possession and occupation of building. branded electrical. Hence constant watch on quality of construction must be done. rather than carpet area. furniture and plumbing fittings. like stand-by generator. Rain water harvesting etc. Payment of higher tariff electricity bill/ water charges during part OC Amenities clearly specified. including flower bed. After demolition and during construction of building the regular inspection is carried out to check the quality and speed of the construction. If you wish to make re-development profitable for everybody. knowledge of the rules is important. separate water lines for flushing and kitchen. solar water heater. in case of a dispute. Mahanagar gas connection. During construction of building co. If there is any discrepancy. that the only solution is to reconstruct them. to be used. Basic concepts of property re-development in Mumbai By Gaurang Damani (September 2010) Many buildings are so old and un-repairable. Other amenities can be asked for. if policy changes Construction quality. type of paint/ tiles etc. so its interest can start immediately.) Temporary accommodation details (including who will pay for flat deposit) Stringent penalty clauses for delayed delivery Provision for corpus fund . MHADA must be notified immediately. but as it is complicated. pest control during construction. Landlord or Society can re-develop the property themselves. niche area etc. Sharing of gains due to extra FSI. window grills. Helpline number. Conveyance deed Lease agreements Latest property card . This may include the "Defect liability period" of 24 months. which must match original work schedule till BCC (Building completion certificate) Bio-data of key personnel who would be handling the project. including corpus fund. upto 20% of the price of the re-development project. because once signed. Checking of agreement by occupant's advocate. there is nothing in the occupant's hands. Financial statements including latest IT returns and PAN number Bank solvency certificate from developer All relevant insurances like project insurance/ 3rd party/ labour insurance etc. Occupants must also obtain the following documents from the developer: Performance guarantee from the developer. Undertaking to submit regular progress reports. The developer would directly submit the proposal to the board with the following documents: BMC's latest cess category certificate Repair cess and Property tax bills BMC certificate showing upto date payment of cess. Bank guarantee from the developer. this PoA must be cancelled. which will start after OC Water proofing guarantee for atleast 10 years after OC. for various co-ordination with the government agencies. After BCC. Copy of license from government agencies Work contract sales tax number ESIC and PF registration details Occupants have to give a 'Power of Attorney' to the developer. rent amount etc. once property is handed over to the society. So for eg. till the Occupation certificate (OC) is not procured. Other relevant information: . Latest DP remarks (CRZ/ NA order etc. PITFALLS of re-development: The new members may have to bear an increased maintenance cost and also increased property taxes. Non-residential occupants would get same area as before. they end up paying higher BMC and water/ sewage charges.Index II Society registration certificate Latest true extract from cadestral survey sheet List of occupants as duly certified by the Executive Engineer of the local BMC ward office. is called a cess property. undertaking to shift to temporary accommodation. as per above rules And other documents as applicable to the scheme Stages of development: NOC issued by MHADA (work has to start within 12 months from date of issue of NOC) Rehab of old occupants has to be completed within 30 months from issue of NOC Part OC (Occupation certificate) for housing old occupants Full OC. and is eligible for re-development. Consent of atleast 70% occupants required for re-development Proposed minimum carpet area to be given to tenant is 300 sq ft and maximum is 753 sq ft. is not considered for redevelopment benefits. then he can get the same area that he currently has.) Irrevocable written consent by individual occupants. Plan of proposed building Affidavit cum Undertaking and Indemnity bond by developer. if a tenant has 500 sq ft. Developers and Tenants/ Occupants for re-development under DCR 33(7): Any property on which cess (tax) is charged for its repairs and maintenance by MBRRB. New tenancy created after 13/6/1996. only after all the old occupants have been housed in reconstructed building (Mumbai Building Repairs and Reconstruction Board) MBRRB's has issued guidelines for Landlords. Also.. etc. 5 or 50% incentive over rehab FSI.construction prior to 1/9/1940. and is not a replacement for legal opinion.after 1/1/1951} For category 'A'. 20% of incentive FSI can be used for non-residential purposes. Applicable FSI is 4 (or) required FSI plus incentive FSI of 5075%. applicable FSI is 2. So developer is assured of atleast 50% FSI for free sale.Categories of cess buildings are as: {Category 'A' . 'C' . whichever is greater. Under DCR 33(9). 'B' between 1940-1951. depending on size of the plot. Cluster development is possible for mix of structures with minimum plot area of 4. . in the suburbs This document is to be used as a guideline only. If the developer cannot use the FSI on the same plot.000 sq mt. then he can use the balance as TDR (Transferable Development Rights). Documents Similar To Mumbai - Old Building Redevelopment RulesSkip carouselcarousel previouscarousel nextRedevelopment of Old Buildings in Mumbai33-7 Redevelopment of Old Buildings in MumbaiDevelopment Control Rules, Mumbai6 January 2012 CircularBMC Right to Information OfficesDcrules of Kdmc[1]New DCR 06 01 2012DCRNew DC RulesDCR 33(9)DCR 33 (7) NotificationrtyuiopEdelweiss on DCRObjections & Suggestions for DCR 33(9)GRDEVELOPMENT_CONTROL_REGULATIONSpetitionGovt of Mh GRAnnexure 2 RTIBombay High Court Judgment on REDEVELOPMENT - 543 Harsha Co-Op. 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