legal angle in Redevelopment of Housing societies in Mumbai

Importance of an Advocate for Redevelopment is highly under rated, experience in toto surely plays a vital role in securing member's interests.  

Redevelopment of housing societies in Mumbai involves several legal aspects and considerations. It is essential for all parties involved, including the housing society, the developer, and the residents, to adhere to the relevant laws and regulations. Below are some of the key legal angles to consider:

Cooperative Societies Act: Housing societies in Mumbai are governed by the Maharashtra Cooperative Societies Act, 1960. This law provides guidelines on the formation, functioning, and management of cooperative housing societies. During the redevelopment process, the society needs to comply with the provisions of this Act.

Development Control Regulations (DCR): The municipal corporation of Mumbai lays down the DCR, which defines the rules and regulations related to development and construction activities within the city. Redevelopment projects must comply with these regulations, including floor space index (FSI) norms, building heights, setbacks, etc.

Tenancy and Rent Control Act: If there are tenants in the society premises, the provisions of the Maharashtra Rent Control Act, 1999, will be applicable. This Act governs the rights and obligations of landlords and tenants, including the process for eviction and rental agreements.

Clearances and Permissions: Redevelopment projects require various clearances and permissions from local authorities. These may include environmental clearances, approvals from the municipal corporation, fire department, sewage department, etc. Ensuring that all necessary permissions are obtained is crucial to avoid legal complications later on.

Development Agreement: The redevelopment process involves signing a development agreement between the housing society and the developer. This agreement should be carefully drafted, outlining the rights, responsibilities, timelines, and financial aspects of the redevelopment project.

Consent of Society Members: Before initiating the redevelopment, the developer must obtain the consent of a specified percentage of society members (usually 70% or more). The consent process should be conducted transparently and in accordance with the law.

Dispute Resolution: In case of any disputes between the society and the developer or among society members, the legal mechanisms for dispute resolution, such as arbitration or mediation, may come into play.

Housing Regulatory Authority (MahaRERA): The Maharashtra Real Estate Regulatory Authority ensures transparency and accountability in the real estate sector. Developers involved in housing society redevelopment may need to register their projects with MahaRERA and comply with its regulations.

Stamp Duty and Registration: Proper stamp duty and registration of documents related to the redevelopment project are essential to make the agreements legally valid and enforceable.

Transfer of Development Rights (TDR): In some cases, the developer may use Transfer of Development Rights to compensate the society members for the additional area they are entitled to in the redeveloped property.

It's important to note that laws and regulations may change over time, so it is advisable to consult with legal experts or real estate professionals familiar with the current regulations before initiating any redevelopment project.