You should mention carpet area as reflected in sale deed executed by builder in favour of flat owners
2) property tax assessment order passed by BMC would mention carpet area of each flat
Redevelopment of Society
There is a discussion on the redevelopment of society, the building is 40 years old. Society has 1) A few flats with balconies (having 10% extra space), 2) few don't have balconies, 3) a few shops which also cover some open space. Now the question arises. During redevelopment discussion 1. The flat that has balconies is asking to consider the total area of the flat along with balconies. 2. The flat that doesn't have balconies is contending that if society calculates the total area of flats with balconies then we should also get benefits of extra area. 3. Shop owners are contenting if flats having balconies areas is calculated with balconies for redevelopment than consider our open space also. Now, so for redevelopment, 1. What area has to be considered while asking for a proposal from the developer? 2. If society goes ahead with the Total area with a balcony, then a member who doesn't have balconies can challenge that decision.
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
If the society passes the resolution in majority whereby area will be given on as it is where it is basis - i.e. if a member has a balcony then his "total area = area + balcony area " and he will given extra space after redevelopment i.e New area = total area + Extra space by developer 1. Can I challenge the above resolution and if yes what will be the appropriate authority?
Asked 2 years ago
FSI includes balconies, but if the builder has not already provided them initially, then the balcony is no longer recognised as a part of the redevelopment process.
Super Built-up Area = Carpet Area + Loading Factor
This is the super built-up area of the property. The car parking space which the property owner exclusively owns is not included in the super built-up area or built-up area.
Fungible FSI is the additional floor area constructed by a developer beyond the maximum permissible FSI limit set by the local governing bodies. This extension of development beyond the limit results in an increase in the built-up area of the structure, and it is commonly known as Fungible FSI or Premium FSI.
Whatever the area of the flat, it is presumed, original area of your old flat is minimum 300 sq.ft. Carpet area is taken as mimimum 300 sq.ft. (Even if original flat is less than 300 sq. ft. carpet area.), adding 35% of 300, works out to be 405 sq.ft. carpet area, 1BHK, minimum area to all.
If original flat area is 500 sq.ft. carpet, then 35% additional, he will get 550 + 193 = 743. Which can be 3BHK or ask for 2 flats of 1BHK each. Like this you can work out for other area flats. If land is more, then in redevelopment, if you go for self redevelopment, or sit with builder and calculate and get more corpus and, over and above additional minimum area of 35%, which is called fungible FSI or free FSI, you can get additional area, from the builder.
Apart from this 35% additional minimum area, you will get corpus fund, monthly rent for your alternate and temporary accommodation, when your old building is demolished, for its redevelopment.
You have to approach the cooperative court to set aside resolution passed by society
1. if the balcony area is counted in the FSI computation and reflects in the sanctioned building plans then the developer is obliged to give benefit of balcony area also
2. however if the balcony area is not included in the FSI then the builder at his discretion may either refuse or give the benefit of the extra area
3. if the society by majority consent passes a resolution that the members will get area in the new flats on basis of their existing area [including the balcony] and the builder agrees to give such benefit, then there is nothing wrong in such a resolution
1. The total carpet area will be considered as mentioned in the sale deed , and hence if the balconies is included therein , then it should be consider
- However, In doing redevelopment, each of the flat can get minimum 35% additional carpet area, over its existing carpet area, subject to minimum of 405 sq. ft.
2. The society can pass its resolution for the same in GBM , however the society cannot go beyond the area which is mentioned in the sale deed , and will have to take permission from the competent authority.
3. The same rule will apply herein as well. It can be passed in GBM.
Yes you can challenge the same
Dear client,
In the context of society redevelopment, the consideration of area and how it impacts the distribution of benefits can be complex and may depend on the society's bylaws, redevelopment agreement, and local regulations.
Calculation of Area for Proposal:
Typically, during the proposal phase for redevelopment, the society should consider the total area of each flat, including any balconies or extra spaces, as per the society's bylaws or agreement with the developer. This will form the basis for determining the benefits each member will receive after redevelopment.
Challenging the Decision:
If the society passes a resolution regarding area calculations and a member believes it is unfair, they may challenge this decision. The process for challenging such a decision is usually governed by the society's bylaws and the local cooperative housing society regulations.
Generally, the member can raise their concerns and objections during society meetings or general body meetings. If the issue remains unresolved, they may consider legal action or dispute resolution mechanisms as provided by the cooperative housing society regulations.
Appropriate Authority:
The appropriate authority for challenging decisions within a cooperative housing society is often the Registrar of Cooperative Societies or the Cooperative Court, depending on your location. These authorities oversee cooperative society matters and disputes. Legal action, if necessary, would typically be filed with the Cooperative Court.
