Redevelopment of terrace flat
Samuel
(Querist) 27 March 2012
This query is : Resolved
Hello Team,
I have a query and hope to get an expert advice on it.
I am owner of a flat that is total of 1200 Sq ft in Mumbai Ghatkopar E. Out of 900 Sq ft there is front terrace of 600 Sq ft. There is separate common terrace for the other flat owners. There are 10 flats in the building. Out of the 10 flats four are on ownership basis and others are on rent basis (pagdi system)
The landlord has now put forward a proposal of redevelopment of the building along with a builder. The builder is giving an offer of 20 % more area on our flat but he says he will give us 1/3rd of the terrace that is in front of our flat as a flat and he cannot give us open terrace at all.
So overall our carpet area now which is 1200 Sq ft will become less after redevelopment as he is giving only 1/3rd of the carpet area of the terrace. He says under new DCR rule there is no provision of terrace construction.
Our demand is to give us same size of terrace as we have currently. Is that legal? Or is there is rule that new construction cannot have personal terrace? How much terrace space should we get and we want terrace same size a current.
Please advice.
V R SHROFF
(Expert) 27 March 2012
What he is giving to Tenants??
Diud he filed suit for Vacating tenants with Agreement for redevelopment.
Examine the Plan, and find out, what extra rae he is getting for selling after giving to you all 10 persons?, and what extra benefit he is giving to owner, over and above what he offer to 4 tenants.
OR U HAVE lottery, to decide your terms.
Very good chance you have to bargain.
Get STAY.
Samuel
(Querist) 27 March 2012
Thanks for your quick reply.
Till now there is no suit. It is the first offer that he has made. The tenant are not getting anything extra. They are getting the same saize flat but on ownership. Only the current owners he is offering 20% extra.
Raj Kumar Makkad
(Expert) 27 March 2012
It is true that terrace shall not be sold to any individual as the same is part of common area so in the given circumstances/latest rules, you should bargain maximum with the developer and ensure the safety of your interests.
Samuel
(Querist) 27 March 2012
Thanks. But the terrace is private to us and we paid for it. There is common terrace above our flat. So still can the developer not give the same space as our private terrace to us?
ajay sethi
(Expert) 27 March 2012
builder is absolutely right . under nre DCR rules no provision for terrace constrcution . accpet the builder offer .
ajay sethi
(Expert) 27 March 2012
please note that terrace is free from FSi nad builder had no authroity to sell you terrace. the terrace which was sold to you earlier was for benfit of all members of society
DILIP SHAH
(Expert) 15 February 2021
The following questions need to be deliberated whether the garage areas are included in FSI above or not.
1.Whether these garages are shown in BMC’s approved plan and included in FSI of the plot?
2. Whether these garages are purchased by the Owners from the builder?
3.Whether is there any mention in the Flat Purchase Agreement including mentioning the area of the garage in sq. ft?
4. Whether the Property Tax computed on the area of the garage in sq. ft separately paid to BMC every month?
If all the answers to the above questions are YES, then the garages are included in FSI being the property of the members attached to their respective flats.
Under the prevalent practice existing in the Redevelopment Industry, if a garage is legally attached to the flat as per the prevalent Bye law no. 3(vi) as explained herein above, 100% of the garage area since covered with 4 covered walls, should be compensated by the Developers either as an additional area to be added in the existing area of the flat during the redevelopment if the plans so permit and if the same is not possible then alternatively, this garage area is compensated monetarily to the member though as such, there is no written down rule provided anywhere in the redevelopment laws with regard to considering the percentage of compensatory increase in area of flat due to the advantage of garage attached to a flat.
The garage cannot be equated with a car parking space. The Society is not the owner of the garage. Construction of a garage is possible only by consumption of FSI under DC Regulations. A garage is a saleable property under the provisions of MOFA read with DC Regulations. As such, the Bye laws of a Society provide for allotment of parking spaces/ stilts and not the garages.
Bye law no. 3(vi) assigns interpretation to the term “Flat” and accordingly, the ‘Flat’ means a separate and self-contained set of premises used or intended to be used for residence or office or showroom or shop or godown and includes a garage, or dispensary or consulting room or clinic or flour mill or coaching classes or beauty parlor since the premises is forming part of a building which includes an apartment/flat.
Dilip Shah
Senior Counselor and Analyst for Redevelopment of Housing Societies and Society Laws
www.redevelopmentofhousingsociety.com & www.redevelopmentofhousingsocieties.com
