Redevelopment of Housing Societies: A Comprehensive Guide
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Redevelopment involves demolishing an existing building and constructing a new one in its place. This is a significant process that demands a proactive and meticulous approach by the housing society. Let’s explore the intricacies of redevelopment, its procedure, and its components in detail.
Steps in Redevelopment of a Housing Society
1. Call a Special General Body Meeting (SGM)
The redevelopment process begins with the managing committee convening a special meeting to discuss the project. According to housing society bye-laws, 75% of the members must agree to the redevelopment plan. However, as per an amendment in Maharashtra, smaller and older buildings require only 51% approval. It is advisable to form a special redevelopment committee to oversee the process.
2. Obtain Quotations from Architects/Project Management Consultants (PMC)
The committee should solicit bids from at least five architects or PMCs. These professionals must be government-approved and reputable. Their quotes are presented in an SGM, allowing members to provide feedback before a final selection is made.
3. Submit a Redevelopment Proposal
After finalizing the terms and scope of work with the chosen architect/PMC, the committee submits a redevelopment proposal.
4. Receive a Project Feasibility Report
The architect/PMC must deliver a Project Feasibility Report within two months. This report evaluates aspects like Floor Space Index (FSI) and Transfer of Development Rights (TDR) while considering residential areas, common spaces, and amenities. The report is shared with members for review and suggestions.
5. Invite Tenders from Developers
Based on the feasibility report, the architect/PMC drafts a tender document to invite competitive bids from developers. Members decide on one primary requirement, such as carpet area or corpus fund, which becomes a fixed criterion. An SGM is conducted to review all bids in the presence of members and developers.
6. Select a Developer
The architect/PMC evaluates the bids based on financial viability, market reputation, and past projects. A minimum of five developers are shortlisted, and members select one through a 3/4th majority. An agreement is then signed with the chosen developer, and the project commences.
Required Documents for Redevelopment
- Society Registration Certificate
- Conveyance Deed (mandatory for self-redevelopment)
- Sale Deed
- Title Certificate
- Certified Property Card (in the society’s name)
- Original Building Plan
- Structural Audit Report
- Redevelopment Agreement
- Approved Building Plan
- Flat-wise Carpet Area List
- Development Plan (DP) Remarks
- Utility Bills (electricity and water)
- Other land-related legal documents
Self-Redevelopment of Housing Societies
Self-redevelopment is an emerging trend where societies undertake redevelopment without involving a developer. Societies hire architects and contractors to manage the process, ensuring:
- Higher profits for members
- Reduced risk of fraud or delays
- Full control over the project
Government schemes and financial loans are available for self-redevelopment. For instance, the Maharashtra government has supported this model by allocating funds and encouraging affordable housing initiatives. Mumbai Bank offers loans of up to Rs. 50 crore per project.
Understanding Corpus Funds in Redevelopment
A corpus fund is a capital amount collected by the developer to maintain the property’s amenities and facilities. This prepaid maintenance charge is kept separate from the sale amount. While the interest earned on this fund can be used for maintenance, the principal amount is handed over to the society’s managing committee once formed. Residents also contribute periodic maintenance charges to ensure the property’s upkeep.
Key Considerations
- Irrevocable Consent: Once members provide written consent for redevelopment, it cannot be revoked in court. Thus, decisions must be made cautiously.
- Legal Oversight: A competent lawyer should draft the agreement, including a strict timeframe clause with penalties for delays.
- Project Timeline: Developers typically complete redevelopment within two years, with a maximum one-year extension.
- Temporary Accommodation: Residents must vacate during construction. Developers either provide alternate accommodation nearby or compensate with monthly rent for a year.
- Approvals: Before demolition, the developer submits a proposal to the municipal authority for an Intimation of Disapproval (IOD) and obtains NOCs from fire and environmental authorities. A Commencement Certificate is then issued.
- Security Deposit: Developers must provide a bank guarantee covering at least 20% of the project cost.
Benefits of Redevelopment
- Longevity: While structural repairs extend a building’s lifespan by 4-5 years, redevelopment ensures a sustainable solution.
- Increased Property Value: Redeveloped buildings have higher market and resale value.
- Modern Amenities: Redevelopment often includes upgraded facilities such as swimming pools, gyms, community halls, security systems, and parking spaces.
- Additional Space: Members can request extra rooms or amenities, enhancing their living standards.
- Revenue Generation: Extra floors constructed in self-redevelopment projects can generate significant income for the society.
Final Thoughts
Redevelopment can greatly enhance the quality of life for residents and increase property value. However, a poorly managed project can lead to significant issues. A reliable managing committee and a trustworthy developer are critical for success. Members must remain vigilant throughout the process to ensure their interests are protected and the project is completed efficiently.
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-Mukund Deshpande