Potential F.S.I. for your society redevelopment

By Adv. Vinod Sampat and Adv. Dharmin Vinod Sampat

Q. Please give an idea of the FSI available under different schemes?

Ans: The FSI granted is as under.

Sr. No

DCR

Details

F.S.I

Island city

Suburbs

33(4)

Starred category residential hotels:-1 To 3 Starred category hotels.

4 Starred category hotels.

5 Starred category hotels.

3.00

4.00

5.00

3.00 + 0.50 TDR

33(5)

Development/ Redevelopment of Housing scheme of Maharashtra housing and Area Development Authority.

The notification issued by the Urban Development Department dated 8.11.2013 states that for any particular land which is above 4,000 Square Meters and being used for residential purpose shall have to provide for economically weaker section or lower income groups, a housing or plot size or leave an incentive or equivalent area of 20% of the net plot area for constructing EWS/LIG tenants or tenements which will subsequently be handed over to the MHADA. This is applicable for any plots and under any regulation as of now. This will result in increase to burden of purchasers and builders. Common Amenities like car parking, open space will be severely effected.

2.5(Incentive F.S.I of 50% will be given to area up to 4000 Sq.mt. and 60% for above 4000 Sq.mt)+ TitBit F.S.I + Entire Layout F.S.I + Fungible F.S.I

2.5(Incentive F.S.I of 60% will be given to area up to 4000 Sq.mt. and 75% for above 4000 Sq.mt)+ TitBit F.S.I + Entire Layout F.S.I + Fungible F.S.I.

33(6)

Reconstruction of building destroyed by fire or which have collapsed or which have been demolished

F.S.I in New Building not to exceed that of Original Building.

33(7)

Reconstruction or Redevelopment of Cessed building in the Island City by Co-op Hsg. Society or of old building to corporation or of old building belonging to police department.

This is the pet scheme of many architects. If there are certain members who are objecting the fsi of such members will be subtracted. The catch is members/tenants cannot sell the premises for a period of three years since they get the possession of the flat.

F.S.I of more than 3.00 for chawls/ building constructed before 1940 and additional incentive F.S.I of 50% for utilized area for rehabilitating existing Tenants

NIL

Be blunt and ask the builder under which scheme he will develop the property and what is the total area that would be constructed by him.

33(7)

In many buildings FSI is consumed to the tune of 2 to 2.40. I have been given to understand that Oberoi hotels has been granted 9 fsi. If one presumes that the FSI which is consumed is 2.40. The fungible fsi would be .35% approx. The Rehab component with lift and other available incentives can result in fsi up to 4.If there are three or more plots incentive fsi of up to 70% is permissible. Gross construction area of up to 8 is possible.It is advisable to ask for a feasibility report as regards the construction that would be done by the builder.

Your agreement should be drafted in such a way that you are adequately protected preferably by a professional who is aware of the ground realities.

33(8)

Construction for housing of Dishoused.

4.00

33(9)

Reconstruction or redevelopment of cessed building, urban schemes on extensive area

4.00 + Incentive F.S.I for rehabilitation of existing tenants

33(10)

Slum Redevelopment Scheme

2.5 + discretionary F.S.I for difficult area

33(13)

Development for project affected persons of slum Dwellers/ Pavement Dwellers

2.5

33(9)

Provision relating to Transit Camp Tenement for Slum Rehabilitation Scheme.

2.33

2.50

Why property redevelopment on BMC LAND in Sion / Matunga is not taking place.

Lease period is reduced from 60 years or higher to 30 years.
Lease rent is very high.
Premiums have to be paid in advance by developer.
Compulsory open space to be left.
Corpus fund does not take care of the increased maintenance costs.
Getting consent from tenants is not easy.
There are some tenants who create nuisance value.
Property card is not in the name of the legal entity.
There are disputes amongst legal heirs.
Properties with clear and marketable title are a scarce commodity.
If it is a CHS the court fee that has to be paid could be Rs. 3 Lakhs which adds to the budget of the builder plus approx. 5 Lakhs lawyers fee accompanied by uncertainty as regards the quantum of time that would be taken.

POINTS TO BE TAKEN INTO CONSIDERATION BY TENANT/CHS BEFORE ENTERTING INTO AN AGREEMENT WITH LANDLORD / DEVELOPER WHEN BUILDING IS GOING FOR REDEVELOPMENT

ACCEPTANCE OF LANDLORD OF TENANTS RIGHTS
AGREEMENT SUPERCEEDS EARLIER OFFERS
AMOUNTS PAID BY DEVELOPER TOWARDS LEGAL FEES OF TENANTS ADVOCATE
ARBITRATION AND COST OF ARBITRATION TO BE BORNE BY DEVELOPER
ASSIGNMENT OF RIGHTS BY TENANTS
BENEFITS IN EXTRA FSI/TDR
CAR PARKING
CAR PARKING RIGHTS
CARPET AREA & AMENITIES OFFERED BY DEVELOPER TO TENANT
CARRYING OUT FURNITURE WORK IN PREMISES BEFORE TAKING POSSESSION
CERTIFIED SOFT COPY TO TENANTS ADVOCATE
COMMON UTILITIES TO BE PROVIDED
COMPLETION OF THE PROJECT BY TENANT IF THERE IS DELAY BY DEVELOPER
COMPLIANCE OF RULES AND REGULATIONS OF STATUTORY AUTHORITY
CONSENT OF TENANTS FOR BECOMING MEMBERS OF C.H.S LTD
CONTRIBUTION BY TENANT WHEN HE ACQUIRES FLAT AS OWNER TOWARDS SOCIETY FORMATION,VAT SERVICE TAX
CORPOUS FUND PAYABLE BY DEVELOPER TO TENANT
COVENANTS BY TENANT
DAMAGES TO BE ADJUSTED AGAINST AMOUNT PAYABLE BY TENANT TO DEVELOPER
DEBRIS OF BUILDING
DEVELOPER NOT TO CREATE THIRD PARTY RIGHTS
DEVELOPER TO BEAR ENTIRE COST RELATED TO REDEVELOPEMENT
DEVELOPERS DECLARATION WITH REGARDS TO PARTNERS
ENCUMBRANCES AND CLEAR TITLE OF PROPERTY
EXCLUSIVE RIGHT OF TENANT WITH REGARDS TO FLAT
EXECUTION OF FURTHER DOCUMENTS
FLAT PURCHASER LIABLE TO PAY OUTGOING OF THE SAID FLAT
FORMATION OF COOPERATIVE SOCIETY
HANDING OVER OF DOCUMENTS TO LEGAL ENTITY BY DEVELOPER
HANDING OVER OF FLAT
HANDING OVER POSSESSION OF FLAT WITH OCCUPATION CERTIFICATE
HEIGHT OF FLAT
LIEN FOR PERFORMANCE OF DEVELOPERS OBLIGATION
MODE OF COMPENSATION FOR ALTERNATE ACCOMMODATION
MOF ACT APPLICABILITY
OBJECTIONS FROM REPRESENTATIVE OF TENANT WITH REGARDS TO TENANTED PREMISES
PAYMET BY TENANT TO DEVELOPER FOR ADDITIONAL AREA
PLANS AND OTHER DOCUMENTS TO BE GIVEN TO TENANTS ADVOCATE
PLANS TO BE SUBMITTED TO MUNCIPAL AUTHORITIES TO BE SHOWN TO TENANTS
POSSESSION OF FLAT FIRST TO BE OFFERED TO TENANT
POSSESSION TO BE HANDED OVER TO LEGAL HEIR ON DEMISE OF TENANT
PROPERTY TAX ASSESSMENT
RAISING OF LOAN BY TENANT FOR PURCHASE OF EXTRA AREA
REDEVELOPMENT AND INCEDENTAL EXPENSES TO BE BORNE BY DEVELOPER
RENT NOT PAYABLE BY TENANT FROM THE DATE OF VACATING PREMISES
REPAIRS AND MAINTENANCE OF THE BUILDING
SIGNING OF NOC AND OTHER DOCUMENTS
SIMILAR AMENITIES TO EXISTING TENANTS AND NEW FLAT PURCHASER
STAM DUTY AND REGISTRATION FEE
TENANT MONTHLY TENANT AS REGARDS FLAT NO._______
TENANT TO VACATE PREMISES AND SHIFTING TO ALTERNATE ACCOMMODATION WITH RENT PAYABLE BY DEVELOPER IN ADVANCE
TENANT UNDERSTAKES TO COOPERATE WITH DEVELOPER
TENANTS NOT TO DAMAGE THE STRUCTURE OF THE BUILDING
TENANTS RIGHTS GET CONVERTED AS OWNERSHIP RIGHTS IN FLATS
TERRACE OWNERSHIP AND HOARDING RIGHTS
THIRD PARTY RIGHTS IN FREE SALE COMPONENT BY DEVELOPER
TIME FOR SANCTION OF PLANS
TIME LIMIT FOR VACATION OF PREMISES AFTER RECEIPT OF IOD
TIME LIMIT WITHEN WHICH PREMISES WILL BE HANDED OVER TO TENANT AND DAMAGES FOR DELAY
TRANSFER OF TENANCY RIGHT NOT TO BE EFFECTED ON VACATING THE PREMISES
USE OF PREMISES
WAIVER OR BREACH

APPROXIMATE TIME TAKEN FOR DIFFERENT STAGES OF CONSTRUCTION

Q.: Please give an idea as regards the approximate time taken for different stages of construction.

Ans.: The approximate time that is taken for different stages of construction could range between 2 to 3 years. It would depend on the number of floors. The modalities pertaining to the same are as under:

The first stage i.e. Intimation of Disapproval takes approximately 4 months. In these particular stage elementary calculations pertaining to the property is done. This includes looking at the potential as regards development of the property. Basic calculation being to the size of the plot, permitted construction thereon, Once this stage is over one has to go to the second stage. The second stage is Commencement Certificate up to plinth level. The Commencement Certificate up to plinth level is given when the premises have been vacated by all. The existing structure is demolished. There is no construction on the site. In this particular stage, before granting permission, N.O.C. from various departments and other documents have to be submitted like Garden N.O.C., Structural R.C.C. Plans and calculations, Traffic N.O.C., Fire N.O.C. Joint inspection by the Municipal authorities and the Architect is undertaken. For obtaining Commencement Certificate up to plinth level the approximate time is 1 month from the date of joint inspection.

Further C.C. is obtained normally within 15 days from inspection. Eg. Gr plus 4 floors. Further CC is given if the necessary compliances up to the relevant floor is obtained. When the building is fit for occupation up to a particular floor part occupation certificate may be granted. Normally builders take occupation certificate as the procedure for obtaining building completion certificate is tedious and expensive. Once the entire building is completed in all aspects then only full C.C. is obtained.

Shinde Dattatraya says:

May 25, 2015 at 6:13 pm

please give me information about developer can utilised same plot for FSI immediately after completion of first project completion and giving position to the flat owner of first sanction project on the same plot.

1. admin says:
  
  May 26, 2015 at 12:18 pm
  
  pl be clear. cite example.