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Potential F.S.I. for your society redevelopment

Law Journal

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
1 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

3.00 + 0.50 TDR

3.00 + 0.50 TDR
2

 

 

 

 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.

 

 

 

 
3 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.
4 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.
5 33(8) Construction for housing of Dishoused. 4.00 4.00
6 33(9) Reconstruction or redevelopment of cessed building,  urban schemes on extensive area 4.00 + Incentive F.S.I for rehabilitation of existing tenants
7 33(10) Slum Redevelopment Scheme 2.5 + discretionary F.S.I for difficult area
8 33(13) Development for project affected persons of slum Dwellers/ Pavement Dwellers 2.5 2.5
9 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.

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

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.

 

 

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