1) has builder received commencement certificate from BMC ?

2) society must have entered into agreement with builder for redevelopment of society

3) individual agreement must have been entered into with builder

4) you have to deliver possession of flat to builder as per your agreement

5) builder will demolish building and carry on construction as per sanctioned plans

Before you hand over possession check whether plans are sanctioned or not

The Intimation of Disapproval (IOD) is only an approval of the civil plans. Review of the structural plans is done in parallel with the NOC process. It is an is an essential permission given to the developer by the municipal authorities to re-develop an old building. The developer however cannot demolish the old building just on the basis of IOD alone. The demolition can commence legally only after obtaining Commencement Certificate. This CC can be obtained by the developer from the authorities only after observing entire procedures and formalities envisaged in the rule for this purpose. Hence you may wait for he CC obtained by the builder.

What I should get before I handover flat to builder after iod.

You should ensure that the developer obtained the commencement certificate issued by the BMC or any specific authority for this purpose after complying with necessary formalities in this regard.

To your further query i this regard the following information is furnished:

REDEVELOPMENT RULES & REGULATIONS

Old Building Redevelopment Rules & Redevelopment Regulations:

STAGES OF REDEVELOPMENT

1. Offer letter to the society

2. Terms and conditions with the society

3. Agreement with the society

4. Sanction from MCGM in favour of the society

5. Loading of TDR in the society’s name

6. Obtaining the IOD

7. Shifting of the members

8. Demolition of the building

9. Obtaining the CC

10. Construction of the new building

11. Obtaining the OC

12. Shifting the old members

The Developer to demolish the building existing in the plot and construct new multi storied buildings taking into account the earthquake resistant factors as directed by The Municipal Corporation of Greater Mumbai. The new building should have stilt for car parking and should consist of _____ stories as per approved plans. The final plans are to be prepared after due consultation with the managing committee and understanding their requirements.

2. The Developer shall be responsible to obtain all the necessary approvals from The Municipal Corporation of Greater Mumbai and all other statutory and Government offices and departments.

The Developer has to provide extra areaover and above the existing carpet area to all the members free of cost in the newly constructed building. The flower bed as open balcony area should be provided as permitted by The Municipal Corporation of Greater Mumbai. (Area will be approx sq.fts.)

4.The Developer should pay the society/individual member, a corpus fund of Rs……..towards granting of development rights. The above amount is helpful in paying all outgoings of the existing members in the newly constructed flats. The corpus amount is worked out on the basis of Rs……..per sq.fts on the existing carpet area.

5.The Developer should provide displacement compensation towards temporary alternate accommodation to the affected members during the construction work at the rate of Rs…… per sq.ftson the existing carpet area. The compensation has to be paid from the time the vacant possession is given by the members for demolition till the construction of the new building/s is/are complete and the peaceful possession of the new flats given by the Developer.

6.The society shall accept and admit the prospective/additional flat owners of the newly constructed building/s as members of the society and treat them at par with existing members.

7.The Developer should prepare a tentative layout of the new building which has to be shown to the members as and when required.

8.The Developer may tie up with leading financial institutions and banks and arrange for necessary approvals for housing loans for the existing members and prospective clients.

9.The Developer should complete the entire re-development work within a period of ___ months or as agreed with the Society after all the legal formalities and Municipal approvals are obtained. The initial Municipal approvals will take about three months depending upon the existing rules and regulations governing the re-development work.

The developer is obliged to provide the standard and statutory amenities.