• Redevelopment Sq ft area law

I am living in Pagari system tenant building. New Landlord is saying even if he opt for Redevelopment ( Total area of property is 40,000 sq ft ) , he will give maximum of 750 sq ft & anything more if tenant wants he has to pay construction cost for additional area.My flat is 1100 sq ft carpet area , but he says maximum I can get is 750 sq ft. Is it true ? My flat has floor to ceiling height is 20 feet. This is my 3 rd generation living continuously. I can not get 25% more because of height plus the actual carpet area in new redevelopment tower ? I have been paying Cess Tax & Property Tax all these years ( more than 70 years now ). The new owner is very famous Builder. What are actual laws for tenants in case of Redevelopment. Right now he is trying to " buy " every tenant out, as he says he is building his own Bungalow and not a tower .Please let me know.
Asked 4 years ago in Property Law
Religion: Hindu

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7 Answers

If your flat area is 1100 square feet you should get ownership of 1100 square feet at least

2) if the flat is larger than 700 sq ft, builders provide an equivalent area to the tenant in the redevelop-ed property.

3)Amended development control rules (DCR) approved by the state government last January grant 35% compensatory floor space index (FSI) free to the rehab component of the redevelop-ment project.

4) compensatory FSI for the rehab portion is “free of premium’’, but it is up to the builder to provide the extra area to the tenant or flat owner. the 35% extra FSI will be on the carpet area of the existing flat but minus the 10% area which comprises the balcony. The common passage of the rehab building will also be counted in the FSI.

5) in your case since your flat is 1100 square feet less 10 per cent area you should be entitled to 1350 square feet area

6) refuse to agree for redevelopment

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

You can get draft forwarded by builder Lawyer to your lawyer for vetting . On basis of his suggestions agreement can be finalised

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

Landlord has to give carpet area in new flat equal to existing carpet area of old flat or as per Development Control Rules, whichever is higher

Your building would be redeveloped under Regulation 33(7) of DC rules

Landlord will also have to take NOC from Mhada as building is subject to repair cess of Mhada

Mhada will monitor the redevelopment and ensure that tenants are given what they are entitled to as per law

Landlord is fooling you by saying that he can give only 750 sq ft

Ask him under which provision of law is he claiming that he can give only that much area and not carpet area as per rules?

If the loft area is shown in sanctioned plans of BMC and also surveyed by MHADA to be inclusive in the carpet area of your flat then landlord has to pay for loft area as well. If you don't intend to sell then he will have to account for the legal loft area in your carpet area and provide new flat having carpet area equal to carpet area of old flat plus loft area

Let builder be whatever. He is not above law.

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

All tenants get together and bargain with landlord

2) she ncr builder wants to build sea front bungalow on the plot he should offer to each tenant market price for 1500 square feet

3) whether he offers any money for mezzanine floor depends upon your bargaining skills

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

If tenant does not wish to give up his right then builder cannot force

How can a lawyer know existing area rate? Please make inquiries locally what is asking rate prevalent in your area for selling property

Mezzanine floor area - replied in earlier response

Floor to height ceiling is not payable separately. Only carpet area of premises is accounted and not its height

Yusuf Rampurawala
Advocate, Mumbai
6876 Answers
79 Consultations

5.0 on 5.0

With redevelopment, the members get a new building, more space and monetary benefits without spending any money from their own pockets.

The Pagdi system, which has been in existence since pre-independence era across many parts of the country, is a rental model. While it is similar to most of the lease models, there is one crucial differentiating factor that makes the tenant a part owner of the house, excluding the land.

If the carpet area, as documented in the agreement, is not given by the builder, the owner can claim appropriate compensation through a consumer court by filing a complaint against the builder under the counts of Breach of Trust, Cheating, Unfair Trade Practice and Deficiency in Service.

Under the current RERA rules, tenants of these buildings are considered as copromoters of the project given that they are expected to get part of the project as compensation for their rights. So, they don’t enjoy the same rights as other home buyers.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

What about Mezzanine floors. There are 4 of them with carpet area total of 500 sq ft & actual area is 1100 sq ft with 20 feet floor to ceiling height. In case of " buy out" , does he have to pay total sq ft of carpet area or total " super build up area " price ? To draw contract a lawyer is a must , as he has his own " lawyers team " , as he is a billionaire ( in terms of US$) builder all across India.

With the government changing the FSI rules, now, developers and residents stand to gain. While developer earn by selling the additional flats, owners get better flats with more amenities.

The agreement for redevelopment will reveal all the details you wanted to clarify.

You can seek the opinion of your own lawyer before agreeing to the conditions set out by the landlord.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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