What is the difference between redevelopment and reconstruction of a building? What are the legal requirements for reconstruction and redevelopment?
–Sunil Sawant, Dadar
Reconstruction implies reerecting the structure exactly as it was, without any change. Redevelopment involves an erection of a new structure with a completely new plan, dimensions, etc. Reconstruction of a premise is done to restore it to the original state while redevelopment means to demolish the structure to rebuild a new one as per the Development Control and Planning Regulation.
In case of redevelopment, the society has to follow the procedure mentioned in GR No SaGruYo 2018/Pra Kra 85/14-S dated July 4, 2019. The Mumbai Building Repair and Reconstruction Board has been assigned duties of carrying out structural repairs of old cessed buildings and their reconstruction by following procedure laid down under chapter VIII of the MHADA Act, 1976. There are guidelines for redevelopment of the cessed buildings also.
MahaRERA registration is not required for a building to be reconstructed as the number of dwelling units will be the same and new units will not be constructed. A project undergoing redevelopment will have to be registered with MahaRERA as there would be flats available for sale. Since the question is not specific with regard to which type of building is required to be reconstructed, a general response has been given.
After purchasing a flat in resale, is it compulsory to acquire membership of a cooperative housing society in Maharashtra? What can the society do if a flat owner refuses to be its member?
–Dilip Phadke, Nashik
Transfer of ownership in the records of the society is required to be complied by both the transferor and the transferee. Section 154B-7 provides for the restriction on transfer of share or interest of a member (transferor) unless certain formalities are complied with. Generally, the sale agreement also provides for the compliance with the transfer formalities required by the society.
Further, Bye Law 38 casts an obligation on the transferor / transferee to submit documents to comply with the process of transfer of share, right and title. Thus, the transferee is obliged to apply and acquire membership and also pay the dues. If any purchaser refuses to be a member of the society, the society can restrict the possession to such purchaser and also file a complaint with the registrar. (Section 91, 154-10 of MCS Act.)
My society is 22 years old? Can we go for redevelopment? If yes, are we required to do a structural audit?
–Sangeeta Sharma, Navi Mumbai
The GR dated December 4, 2019, specifying the detailed procedure for redevelopment does not specify any age limit of the building to undergo redevelopment. As such your society can consider going in for redevelopment. Your society has to initiate by calling a special general meeting intending to undertake redevelopment. It is up to the members to take a final decision in this regard.
A structural audit report will be required to assess the structural strength of the building and recommend the repairs to be carried out. Such a report can be one of the aspects to consider undertaking redevelopment, if the repair cost is too high. Please refer to the aforesaid GR for detailed procedure to be followed in this regard.
The questions are answered by Sharmila Ranade, a legal expert associated with Mumbai Grahak Panchayat.
The questions, in brief, may be sent to fpjchs@gmail.com
