In many older housing societies across urban areas like Mumbai, Pune, and Thane, multiple buildings often exist within a single registered society. When it comes to redevelopment, differences in opinions and interests between residents of different buildings can often lead to disputes. One such frequently asked question is whether two buildings within the same society can opt for redevelopment separately by subdividing the plot and society. While this is legally and technically possible, it involves several procedures, compliance requirements, and cooperative decision-making.
Society vs. Building: Understanding the Legal Structure
Even if there are two distinct buildings in your premises, they are part of one legally registered cooperative housing society. All the residents, whether from Building A or Building B, are members of this one society. This means that any redevelopment decision—whether partial or complete—must be taken collectively in the general body meeting of the society.
A separate redevelopment of each building within the same society is not automatically permitted. For this to happen, you will need to consider subdivision of the plot and division of the society itself into two legal entities.
Subdivision of Plot: Is It Allowed?
Yes, subdivision of a single plot into two separate plots is allowed, but it comes with conditions:
- It must be done following prescribed municipal procedures.
- It requires approval from the planning authority (like the municipal corporation).
- The subdivision will depend on the FSI (Floor Space Index) consumed by each building. If one building has consumed more FSI than the other, it could result in an imbalance, which may lead the planning authority to deny subdivision.
- A qualified architect or urban planner should be consulted to study the plot layout, FSI balance, and technical feasibility.
Splitting the Society into Two
The Maharashtra Cooperative Societies Act (MCS Act), under Section 17, allows a cooperative society to be subdivided into two or more societies. This process is administrative and legal in nature and requires:
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Approval from the general body of the existing society.
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Consent of a majority of the members, preferably from each building.
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Application to the Registrar of Cooperative Societies.
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Compliance with the provisions of the circular dated July 30, 2004, issued by the State Cooperation Department.
Once the society is split, each new society can independently pursue redevelopment for its respective building.
Get a Feasibility Report
Before making any final decisions, it’s advisable to obtain a feasibility report. This report, prepared by architects or project consultants, provides details about:
- Potential carpet area gain
- Additional amenities possible post-redevelopment
- Approximate project cost
- Legal and planning hurdles
However, do note that the numbers in a feasibility report may differ from the offers made by developers, as the latter include commercial calculations and builder margins.
The Need for Mediation and Resolution
While subdivision and legal procedures are available, it’s often more practical and time-saving to resolve disputes amicably or through mediation. A united approach can enhance the bargaining power of the society and attract more credible developers with better offers.
