Duties and Functions of Builder in Re-development Projects ~ Co-operative housing society in Mumbai, Thane, Navi-Mumbai, Pune Property, Co-op, Civil Consumer Law

What are the Duties and Functions of Builder in Re-development Projects a detailed analysis by Adv. R. P. Rathod.

1. The Developer should demolish the building existing in the plot and construct new multi storied buildings taking into account the earthquake resistant factors as directed by The Municipal Corporation of Greater Mumbai. The new building should have stilt for Car Parking and should consist of number of stories as per approved plans. The final plans are to be prepared after due consultation with the Managing Committee and understanding their requirements says Adv. R. P. Rathod, but now-a-days builders adopt a tactics of sidelining the Managing Committee once the re-development agreement is signed & executed.

2. The Developer shall be responsible to obtain all the necessary approvals from the Municipal Corporation of Greater Mumbai and all other statutory and Government offices and departments which will include:

1. Development Planning Remark or Town Planning Remark: MCGM (Dev. Dept.)

2. Survey of the entire plot with regards to the area and topography of the Plot, existing plot boundary and existing structures (Developer’s Architect)

3. Intimation of Disapproval (IOD): MCGM

4. Property Tax Assessment NOC: MCGM (Assessment Department)

5. Hydraulic Engineer No Objection Certificate: MCGM (Hydraulic Department)

6. Storm Water Drainage No Objection Certificate: MCGM

7. Sewerage No Objection Certificate: MCGM

8. Traffic Dept. of Municipal Corporation of Greater Mumbai No Objection Certificate: MCGM

9. Urban Land Ceiling NOC: Competent Authority in Collector's Office

10. Tree No Objection Certificate: MCGM (Tree Authority)

11. Non-Agricultural Permission: Collector's Office

12. Civil Aviation No Objection Certificate: Airport Authority of India

13. Pest Control No Objection Certificate: MCGM (PCO)

14. MTNL No Objection Certificate: MTNL

15. Chief Fire Officer's No Objection Certificate: Fire Department Office

16. Commencement Certificate: MCGM

17. Lift Inspection No Objection Certificate: Inspector of Lifts, PW

18. Occupation Certificate (OC): MCGM

19. Water Connection Certificate under section 270A: MCGM

20. Drainage Completion Certificate: MCGM (Water Department)

21. Building Completion Certificate (BCC): MCGM

22. TDR Loading: MCGM]

23. Building Demolition Work: Contractor appointed for demolition work

24. Soil Testing Report: The Concerned Laboratory

3. Please ensure to collect all the listed certificates from the Developer/ Developer as the same must be with the custody of the Housing Society once the redevelopment of the property is completed and the occupancy certificate is issued by MCGM to re-house the members.

The Developer should provide the following basic infrastructure after the completion of the redevelopment work says Adv. R. P. Rathod, these include:

· Complete paving around the building finished with suitable materials

· Storm Water Drain

· Sewerage lines

· Security arrangements

· Garden and landscaping (wherever possible)

· Pipe gas line (as per availability)

· Internet facility (as per availability)

· Society office

· Adequate car parking spaces

The Developer has to provide extra area over and above the existing carpet area to all the members free of cost in the newly constructed building. The flower bed as open balcony area should be provided as permitted by The Municipal Corporation of Greater Mumbai. (Area will be approx sq. fts.)

4. The Developer should pay the society/ individual member, a corpus fund of towards granting of development rights. The above amount is helpful in paying all outgoings of the existing members in the newly constructed flats. The corpus amount is worked out on the basis of per sq. ft on the existing carpet area.

5. The Developer should provide displacement compensation towards temporary alternate accommodation to the affected members during the construction work at the rate per sq. ft. on the existing carpet area. The compensation has to be paid from the time the vacant possession is given by the members for demolition till the construction of the new building/s is/are complete and the peaceful possession of the new flats given by the Developer.

6. The society shall accept and admit the prospective/additional flat owners of the newly constructed building/s as members of the society and treat them at par with existing members.

7. The Developer should prepare a tentative layout of the new building which has to be shown to the members as and when required.

8. The Developer may tie up with leading financial institutions and banks and arrange for necessary approvals for Housing Loans for the existing members and prospective clients.

9. The Developer should complete the entire re-development work within a period of number of months as agreed with the Society after all the legal formalities and Municipal approvals are obtained. The initial Municipal approvals will take about three months depending upon the existing rules and regulations governing the re-development work.

10. The Developer should handover possession of the flats as per the agreed terms of contract to the Managing Committee & the committee shall in turn handover possession of the respective flats to its members, except in cases of building approved under MAHADA & SRA.