Can the builder avail FSI of society for other building he is constructing in the same society after conveyance deed . Does he require Society NOC for it ? And does the NOC by the society need a General body meeting . And if in the Conveyance deed it is agreed to transfer FSI is it legal and does the Society need to adher to it and will the NOC from society have to have a General body meeting to give NOC .
After Conveyance Deed Builder can't avail FSI of the society (building) to new building construction in the same society. The FSI is granted as per land ratio by municipal corporation. Builder has to take permission from society.
But the construction of building is already took place and then conveyance deed had happened than builder has rights.
The Bombay high court held that the builder or developer, who constructs the society building, cannot take advantage of his own wrong – of not executing conveyance in favour of the society within statutory period – and insist upon utilising the additional FSI.
The failure and neglect (on the part of the developer) to get the society registered and convey the property would certainly not give any right to the developer to step upon the property or to claim any additional FSI, the court noted. “The FSI belongs to the plot, which must be taken to be conveyed after the statutory period,” Justice Dalvi observed and added, “The FSI would, therefore, be available only to the true owner of the plot (the housing society).”
He needs society NOC for carrying on further construction
it should be by AGM
society is bound by terms of conveyance
FSI is approved by the town planning authority of the State concerned. If any change is sought afterwards, the builder-promoter needs to apply to the same authority again. As FSI is calculated as the ratio between area of the land parcel and the building proposed to be constructed over it, any modification may not be possible without any increase in the area of the land parcel, logically. Mere NOC from the society will not suffice as the society is not the competent legal authority for the purpose.
The builder cannot do this as it is an illegal act. Not even the GBM can approve of it as all persons ie residents have a share in it. File a complaint against him.
if he gets any additional FSI already not shared with it the same should be given to society equally. Builder cant take it all
Dear client, Once the flat holders purchased the land, formed a society and the conveyance deed is registered, the builder cannot take any unlawful advantage of the additional FSI.
