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420 SQ FT HOME CONVERTED TO 8 ROOM HOUSE

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Friday, November 29, 2013

ENSURE STRUCTURAL AUDIT AND EXAMINE DOCUMENTS BEFORE REDEVELOPMENT


These are the most important steps before a property goes for redevelopment.



    Before any property goes in for redevelopment, first and foremost, it should be put through a structural audit. Bylaw No 77 specifies that every society shall cause the 'structural audit' of the building/s as under: 
    For the building/s ageing 15 years to 30 years - once in every 5 years. 
    For the building/s ageing above 30 years - once in 3 years. This audit report will determine whether the building should go in for redevelopment or extensive repairs. Should a technical report be pending, it would be improper to pass a resolution in the general body meeting. 
    On the performance of a structural audit or survey of the building, the recommendations of the structural auditor should be placed before the committee and subsequently, before the general body to take appropriate steps in the matter. 
    Should the general body be of the opinion that the building requires reconstruction or redevelopment, then the consent of all the members must be obtained by the committee. This is the principal approval of all the members that they wish to have the existing building demolished and to reconstruct or redevelop the property on the same plot. 
    After the committee obtains the consent of members, it will need to examine their document and see if the conveyance of the plot has been done in favour of the secretary; whether the property card or 7/12 extract, 6/12 extract, mutation entries are in the name of the society. Also, if the plot falls in the Town Planning Scheme, one needs to check whether the Final Town Planning Scheme remark has been obtained from the MCGM. 
    It is important for the committee to first ensure whether conveyance has been done of the society and whether the builder/developer who has developed the building has made the conveyance in favour of the society. If not, then the working committee, in consultation with the redevelopment committee and other professionals who help regularise conveyance, should be called upon for assistance. Once the conveyance is done, the registered document should be sent to the collector's/tehsildar's office for making amendments in PR card 
7/12 extract. 
    An examination of the documents will reveal the actual size of the plot. Once that is confirmed, the committee must verify whether the existing approved plan of the existing building is in conformity with that of the plot size mentioned in the property card or 7/12 extracts. If there are any discrepancies in the plot size, the committee must regularise the discrepancy by making an application to the collector's office of the region and do a survey of the plot, and after that rectify the PR card of 7/12 extract as per the latest survey report. 
    Once the plot size has been rectified, the redevelopment committee should call upon members and publish a public notice 

in three local newspapers to make things transparent to members. 
    Terms and conditions set out by the general body for redevelopment should be adhered to by the redevelopment committee while entering into negotiations on behalf of the society. 
    It is imperative that the general body discusses all the matters at length and takes appropriate decisions by passing resolutions to the requisite effect in the general body meeting. 
    The resolutions passed in the general body meeting should decide the percentageFSI that the developer should pass on to existing members in addition to the existing carpet area that they are occupying free of cost. 
    It is pertinent to note whether the FSI the developer is planning to share includes free FSI like flower-bed area, dry balconies, niche areas etc., or will they be excluded. Issues like open car parking the developer may provide to the existing members should be discussed, examined and laid down in detail. These decisions should be passed by the general body unanimously.

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