The process of demolishing an existing building and reconstructing it with stilt + 4 floors in Gurugram (Gurgaon), Haryana, India, typically involves several legal and regulatory steps. Here's a general overview of the process:
Approval from Local Authorities:
Before proceeding with any construction, you need to obtain the necessary approvals from the local municipal authority in Gurugram, which is the Municipal Corporation of Gurugram (MCG) or any other relevant authority.
Consent of All Owners:
Since the building has different owners for each floor, you will need the consent of all owners to demolish the existing structure and collaborate with a developer/builder for the reconstruction. Each owner's share of land and property rights must be clearly defined and agreed upon.
Draft a collaboration agreement between the property owners and the developer/builder. This agreement should outline the terms and conditions of the collaboration, including the sharing of construction costs, revenue sharing, and other relevant details.
Ensure that the titles and ownership of the land and existing building are clear and free from encumbrances. Any legal disputes or pending issues should be resolved before proceeding.
Obtain a demolition permit from the local authorities to demolish the existing structure. The demolition process should comply with local regulations and safety standards.
Building Plan Approval:
Prepare a detailed building plan for the stilt + 4 floors structure and submit it to the local municipal authority for approval. The plan should comply with zoning regulations and building codes.
If applicable, obtain environmental clearance for the construction project as per environmental regulations.
Enter into a construction agreement with the developer/builder that outlines the construction timeline, quality standards, payment schedule, and other terms and conditions.
Ensure that the financial arrangements, including the funding for construction, are in place. This may involve contributions from the property owners, loans, or other financing options.
Compliance with Regulations:
Throughout the construction process, ensure compliance with all local building regulations, safety standards, and environmental requirements.
Once construction is complete, obtain a completion certificate from the local authorities, indicating that the building complies with all relevant regulations.
After obtaining the completion certificate, apply for an occupancy certificate, which is required to occupy the newly constructed building legally.
Property Division Agreement:
If the property ownership structure is changing as a result of the reconstruction, draft a property division agreement that specifies the new ownership shares and property rights of each owner.
Registration and Mutation:
Register the newly constructed property in accordance with local land registration laws and ensure that the mutation of property records reflects the changes in ownership.
Be aware of any property tax implications, such as changes in property tax assessments, as a result of the reconstruction.