Cluster Redevelopment

---Regulation 33(9))

Regulation 33(5): Pertains to MHADA housing redevelopment.

Let me know if you want to explore any of these topics, such as:

 FSI calculation
 Documentation requirements
 Environmental or heritage-specific rules
 Specific examples of redevelopment under DCPR-2034

Or any other details related to redevelopment projects in Greater Mumbai.

MHADA Act, 1976

Section 79 2(a)

https://www.mhada.gov.in/en/mhada-act/MHADA-ACT-block

LIST OF THE REQUIRED DOCUMENTATION:

1. Basic Society Documentation

 Society Resolution: Resolution passed by the General Body for redevelopment with at
least 70% member consent.
 List of Members/Tenants: Names and details of society members/tenants with
ownership and carpet area details.
 Registered Conveyance or Ownership Proof: Title documents proving the society’s
ownership of the plot/building.
 Society Registration Certificate: Document showing the legal registration of the
housing society.

2. Architectural and Technical Plans

 Existing Building Plans: Sanctioned building plans of the existing structure approved by
MHADA or the local authority.
 Proposed Building Plans: Redevelopment plans prepared by a licensed architect
showing FSI utilization, layout, and compliance with DCPR-2034.
  Structural Stability Report: Structural audit report certifying the current building's
condition as unsafe or dilapidated.

3. Development and Legal Agreements

 Development Agreement: Agreement between the society and developer outlining the
terms and conditions of redevelopment, compensation, timelines, etc.
 Power of Attorney: Authorization given by society members to the developer for
representing them in redevelopment matters.
 Consent Letters from Members: Written and notarized consent from at least 70% of
members agreeing to redevelopment.

4. Government and Regulatory Approvals

 No Objection Certificate (NOC):

o From MHADA for redevelopment.
o Fire Department clearance for fire safety compliance.
o Environmental clearance (if the plot area exceeds the prescribed limit or falls
under CRZ rules).
 Intimation of Disapproval (IOD): Preliminary approval from the local municipal
corporation (MCGM).
 Commencement Certificate (CC): Approval for beginning construction after fulfilling
IOD conditions.

5. Financial Documents

 Bank Guarantee: Provided by the developer to ensure timely project completion and
compliance with redevelopment agreements.
 Funding Proofs: Evidence of financial capability from the developer, such as a balance
sheet or letter from a financial institution.
 Premium Payment Receipts: Receipts for fungible FSI or other applicable premiums
paid to MCGM/MHADA.

6. Tenant Rehabilitation and Allotment Documents

 Tenant Details: Detailed records of tenants, including agreements, carpet area

entitlements, and unit preferences.
  Rehabilitation Agreement: Signed agreement between the society/developer and tenants
detailing their entitlements.
 Transit Accommodation Agreement: Agreement to provide temporary housing or rent
during the construction phase.

7. Miscellaneous Documents

 Encumbrance Certificate: Ensures the property is free from legal disputes or unpaid
dues.
 Environmental Impact Assessment (EIA): Required for large-scale developments or
environmentally sensitive zones.
 Survey Report: Plot area measurement and demarcation report from a licensed surveyor.
 Utility NOCs: Permissions from electricity, water, and sewage departments.

Post-Completion Documentation

Once the redevelopment is complete:

 Occupancy Certificate (OC): Issued after the building complies with all conditions laid
out in the IOD/CC.
 Handover Documentation: Transfer of the redeveloped property to the society and
allotment of units to members.

General Documentation (Likely applicable to all projects):

 Ownership Title and Area: This includes property register card, statement of area by a
licensed surveyor, CTS/CS plan, ownership affidavits, and lease clearances (if
applicable).
 Key Plan and Site Plan: A key plan showing the site location in the ward and a detailed
site plan indicating boundaries, existing structures, and proposed development.
 Building Plan: Detailed floor plans, elevations, and sections of the proposed building,
including structural plans and specifications.
 Service Plan: Plans and details of water supply, sewage disposal, and other building
services.
 Supervision Certificates: Certificates from licensed professionals (surveyor, engineer,
architect) overseeing the project.
 Development Permission Fee Receipt: Proof of payment for the application fee.
 Security Deposit: A deposit to ensure compliance with regulations, refundable upon
completion.
 Clearance Certificate for Tax Arrears: Proof of up-to-date tax payments.
  No Objection Certificates (NOCs): Clearances from relevant authorities like the Civil
Aviation Department, Pollution Control Board, etc..

MHADA-Specific Documentation (In addition to the general documents):

 Eligibility Certificate: A certificate from MHADA confirming the building's eligibility

for redevelopment (i.e., it's a MHADA-owned scheme and in a dilapidated condition).
 Tenant Consent: Proof that the required percentage of tenants have consented to the
redevelopment project. This could be in the form of a certificate from MHADA or
individual consent letters.
 Rehabilitation and Resettlement Plan: A detailed plan outlining how existing tenants
will be rehabilitated and resettled during and after the redevelopment.
 Approval from MHADA: MHADA's written approval of the redevelopment plan before
any work can begin.

Important Notes:

 This is not an exhaustive list, and additional documents may be required depending on
the specifics of the project.
 It's crucial to consult with MHADA directly to obtain a comprehensive checklist of
required documentation and ensure compliance with their latest regulations and
guidelines.
 The document mentions that MHADA must approve the redevelopment plan before any
work can begin, emphasizing their central role in the process.

Draft Redevelopment Documents

1. Development Agreement

Parties Involved: Society and Developer/Builder

Key Clauses:

 Scope of Work
 Terms of Construction
 Member Entitlements
 Financial Clauses (Bank Guarantees, Rent, etc.)
 Project Timelines
 Termination and Dispute Resolution

[Insert detailed draft content]

2. Power of Attorney (PoA)

Purpose: Authorizing Developer to represent the Society.

Key Clauses:

 Extent of Powers Granted

 Specific/General Authority
 Validity Period

[Insert detailed draft content]

3. Consent Letters from Members

Format:

 Member Name & Flat Details

 Agreement Terms
 Notarized Signatures

[Insert detailed draft content]

4. Society Resolution

Purpose: Approval of Redevelopment by General Body.

Key Inclusions:

 Date of Meeting
 Number of Members Present
 Details of Agreement Approval

[Insert detailed draft content]

5. Proposed Building Plans

Prepared By: Licensed Architect

Key Elements:

 Layout
 FSI Utilization
 Amenities
 Compliance with Regulations

[Insert detailed draft content]

6. Structural Stability Report

Prepared By: Licensed Structural Engineer

Key Inclusions:

 Existing Building Condition

 Recommendations for Demolition/Reconstruction

[Insert detailed draft content]

7. Encumbrance Certificate

Issued By: Sub-Registrar’s Office

Purpose: Certifies property is free of legal/financial encumbrances.

[Insert detailed draft content]

8. Environmental Impact Assessment (EIA)

Prepared By: Environmental Consultant

Purpose: Assess environmental impacts of redevelopment.

Key Inclusions:
  Environmental Risks
 Mitigation Measures

[Insert detailed draft content]

9. Survey Report

Prepared By: Licensed Surveyor

Key Elements:

 Plot Boundaries
 Area Measurements
 Compliance with Regulations

[Insert detailed draft content]