• Three different flat sizes with equal UDS - how to share

I am having a 35 year old falt at chennai. In that appartment 9 flats with 3 different sizes but the UDS is equal.  3 flats with 800 sqft, 3 flats with 570 &
3 with 485 sqfts.  Total ground is 3600 sqft. It is on a 40 feet road. We want
to demolise and build a new flat. What is our rights as per CMDA rule.
How to share the built up area. as per exisiting ratio or equal?
Asked 1 year ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
What is our rights as per CMDA rule. How to share the built up area. as per exisiting ratio or equal?
The share will be as per the existing ration only.



In the existing flat 3 falts are road facing, 3 are in the middle & 3 in the rear side.
Each floor is having 3 flats. Whether we have follow the same or is there any guidlines
available.

It can be as per building approved plan alone.



Few flatowners suggest that we need not approach any and we build it on our with
labour contract. Is it a practical one?

If you are capable enough to manage the construction work on your own, you may proceed 




Bank loan formalities for rebuilding.
Consult a local bank or any other bank which may provide the details.



What is the precautions to be taken before demolise the builing

First of all ascertain the  construction plan, get it approved by the authority and a local builder will be able to guide you properly under the said situation.
T Kalaiselvan
Advocate, Vellore
13893 Answers
127 Consultations
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1) the rules laid down by the CMDA divide buildings into three types, ordinary buildings, special buildings and multi-storeyed buildings. 

2) This classification is based on the height of the buildings, number of households in a plot and extent of commercial activity. 

3)The ‘ordinary’ buildings are the buildings that do not exceed a height of 9 m (30’) in height. These are generally low ground plus one-storeyed building. 

4) The ‘special buildings’ cannot exceed a height of 15 m (50’). These are generally residential or commercial buildings with more than two floors but not more than 4 floors. The ‘special buildings’ are, as the name suggests, a special type of multi-storeyed buildings.

5)  These consist of residential buildings with more than four dwelling units and commercial buildings exceeding 300 meter square (3228 sq. ft.) of plinth area.  When it comes to these buildings, the height of 15 m matters more than the use to which they are put, be it residential or commercial.

6) the FSI for ordinary and special buildings (residential and commercial) is 1.5. This means that the plinth area should not exceed 1.5 times the area of the plot where construction is being projected.

7) there are a few exemptions to the this calculation like parking area, electrical transformer room, garbage area, caretaker's room, etc   provided the plinth area of such service areas does not exceed 10% of the total plinth area. 

8) FSI can be availed on all plots that abut on a road that has a minimum width of 30 feet. The premium FSI for plots that meet roads that have a width of 30 feet or more and lesser than 40 feet is 20% of the normal FSI. The buildings on plots that abut roads that have a width more than 40 feet and lesser than 60 feet, have a premium FSI of 30% 

9) consult a local architect 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1) for demolition of building and construction of new building you need to have plans approved by muncipal corporation . 

2) on basis of consent of all flat owners and sanctioned plans you can approach bank for sanction of loan 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
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1. The flat owners can either enter into an agreement to demolish the flats and rebuild them on their own, or they may enter into such agreement with a developer/builder.

2. The flat owners are not required to mandatorily adhere to the existing area after rebuilt. They are at liberty to reduce or enlarge their share. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0

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