• Collaboration for builder floors in Gurugram

Hi, my question is related to construction of builder floors in Gurugram, provided construction of stilt + 4 floors is resumed in the city. If an old building consisting of 3 floors with different owners for each floor (each owner having one third ownership of land underneath) is to be demolished and reconstructed with stilt + 4 floors, as a collaboration between owners and a developer / builder, what is the process?
Asked 3 months ago in Property Law
Religion: Sikh

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9 Answers

Society should Enter into development agreement with builder for redevelopment of building 


2) it should provide that builder would be entitled to fourth floor and other flat owners one floor each 


3) builder should also enter into individual agreements with each Fiat owner 


4) responsibility of builder to get plans sanctioned and obtain OC within stipulated period 

Ajay Sethi
Advocate, Mumbai
93506 Answers
7253 Consultations

5.0 on 5.0

Development Agreement will execute containing all 4 parties. 

Yogendra Singh Rajawat
Advocate, Jaipur
22464 Answers
31 Consultations

4.4 on 5.0

An agreement is to be signed by all the four parties regarding the development.

Gaurav Ahuja
Advocate, Faridabad
58 Answers

Not rated

The process is appointment of PMC and seeking feasibility report

Prashant Nayak
Advocate, Mumbai
31071 Answers
162 Consultations

4.1 on 5.0

Builder and owners can execute a collaboration agreement containing details of construction, distribution of built floors etc. 

Siddharth Srivastava
Advocate, Delhi
1179 Answers

5.0 on 5.0

This is basically demolition and redevelopment of old building.

All the owners are to enter into a joint redevelopment agreement with the developer on the conditions mutually agreed between both the sides. 

This can be considered as  redevelopment of four or five or even one old housing building. ..
In Haryana the construction of S+4 floors may be allowed on residential plots, subject to the condition that the building be designed in such a way that no load is transferred upon the common wall of the adjoining building or affect its structural strength, the committee recommended.

The developer may obtain the plan approvals and other governmental formalities  as per the conditions of the redevelopment.

The owners of all the three floors can decide about the distribution of the additionally constructed  floor on a mutually agreed conditions, reduced to writing and if necessary by a registered Joint development agreement with the developer. 

T Kalaiselvan
Advocate, Vellore
83704 Answers
2057 Consultations

5.0 on 5.0

Dear Client
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.

Collaboration Agreement:
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.
Title Verification:

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.

Demolition Permit:
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.

Environmental Clearance:
If applicable, obtain environmental clearance for the construction project as per environmental regulations.
Construction Agreement:

Enter into a construction agreement with the developer/builder that outlines the construction timeline, quality standards, payment schedule, and other terms and conditions.

Financial Arrangements:
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.

Completion Certificate:

Once construction is complete, obtain a completion certificate from the local authorities, indicating that the building complies with all relevant regulations.

Occupancy Certificate:
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.

Tax Implications:

Be aware of any property tax implications, such as changes in property tax assessments, as a result of the reconstruction.

Anik Miu
Advocate, Bangalore
8095 Answers
97 Consultations

5.0 on 5.0

Collaboration for builder floors in Gurugram is a process where the owners of an old building join hands with a developer or builder to demolish and reconstruct the building with stilt + 4 floors, as per the new building bylaws of the city. The owners and the developer or builder enter into a collaboration agreement, which specifies the terms and conditions of the project, such as the share of land and built-up area, the cost and duration of construction, the quality and specifications of materials, the payment and delivery schedule, the rights and obligations of each party, etc.

The process of collaboration for builder floors in Gurugram may involve the following steps:

  • The owners of the old building should obtain a no-objection certificate (NOC) from their co-owners and other stakeholders, such as tenants, mortgagees, etc., to demolish and reconstruct the building.
  • The owners should also obtain a NOC from the municipal corporation or the development authority for the demolition and reconstruction of the building. They should also ensure that they have all the necessary documents and approvals for their land and property, such as title deed, mutation certificate, layout plan, etc.
  • The owners should select a reputed and reliable developer or builder who has experience and expertise in constructing builder floors in Gurugram. They should also verify the credentials and track record of the developer or builder, such as registration certificate, license number, previous projects, customer feedback, etc.
  • The owners and the developer or builder should enter into a collaboration agreement, which should be registered with the sub-registrar office. The agreement should clearly mention all the details and clauses of the project, such as the share of land and built-up area, the cost and duration of construction, the quality and specifications of materials, the payment and delivery schedule, the rights and obligations of each party, etc. The agreement should also have an arbitration clause to resolve any disputes that may arise during or after the project.
  • The developer or builder should obtain all the necessary permissions and approvals from the authorities for the construction of stilt + 4 floors, such as building plan approval, environmental clearance, fire safety clearance, structural stability certificate, etc. The developer or builder should also comply with all the rules and regulations governing builder floors in Gurugram, such as floor area ratio (FAR), setback area, parking space, green area, etc.
  • The developer or builder should demolish the old building and construct the new building with stilt + 4 floors as per the agreed plan and specifications. The developer or builder should also ensure that the construction is done in a timely and quality manner, without causing any damage or inconvenience to the owners or their neighbours.
  • The developer or builder should hand over the possession of the agreed share of built-up area to each owner after completing the construction and obtaining the completion certificate from the authorities. The developer or builder should also transfer the ownership of their share of land to each owner after receiving their share of payment. The owners should also register their respective share of land and built-up area with the sub-registrar office.
  • The owners should pay their share of taxes and charges to the authorities for their land and property. They should also maintain their property in a good condition and abide by all the laws and norms applicable to builder floors in Gurugram.


Muraleedharan R
Advocate, Trivandrum
373 Answers
2 Consultations

5.0 on 5.0

- Collaboration is a deal between the old House owner and Builder, where the builder constructs Builder Floors on the owner's plot at their own expense in exchange for a floor in the new home.

- It is an agreement, where the owner of the property enters into an agreement with the builder to demolish and reconstruct the property of the owners and to sell a portion of the new property to the builder and keep the other portions with himself after reconstruction.

- Further, it is the responsibility of the builder to get the sanction plan , OC and other necessary from the competent authority. 

Hence, you can enter into a Collaboration agreement with the builder after mentioning the terms and conditions properly . 

Mohammed Shahzad
Advocate, Delhi
12521 Answers
172 Consultations

5.0 on 5.0

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