Mumbai: Small buildings need only 51% consent for redevelopment
[A minimum of 11 members is required to mandatorily register a housing society. Anything less than that means the tenement gets registered under the 1971 MAOA legislation]
In a major relief for redevelopment of buildings having fewer than 11 flat owners, chief minister Devendra Fadnavis said the requirement of 70% consent would be reduced to 51%. Most of the private smaller buildings registered under the Maharashtra Apartment Ownership Act (MAOA) stand to benefit.
A minimum of 11 members is required to mandatorily register a housing society. Anything less than that means the tenement gets registered under the 1971 MAOA legislation.
Fadnavis said that, sometimes, a few people in a building deliberately approach another developer and as a result the redevelopment project gets stuck. “To avoid delay in redevelopment projects, the government has decided to amend the MAOA so that instead of 70%, the flat-owners can go ahead with 51% consent,” he said.
An official from the housing department said that the move would help people located in south Mumbai, Thane, Navi Mumbai and Pune.
Buildings which have been registered under this Act, including cessed buildings in south Mumbai, will benefit. With the Real Estate Regulatory Authority (RERA) in place, the government is considering amending both MAOA and the Maharashtra Ownership Flat Act, he added.
Experts however say the move may lead to more litigation as even a single member could swing the the decision. “It would not be easy to convince one member of the building, so it may result in more litigation. Instead, the government should increase the stipulation for 70% consent to 80% or 90%, which would put pressure on the other group. However, the 51% consent may lead to making the minority more vulnerable,’’ said advocate Neha Nagothanekar.
The CM also announced that if tenants reject a developer in an SRA (Slum Rehabilitation Authority) project, they should appoint a new developer within three months or the SRA would take over the project and would float e-tenders and appoint a new developer.
The state is also considering declaring MHADA a special authority for development of 56 MHADA layouts with 2.3 lakh tenements.
Fadnavis said that the inquiry report of the 137 proposals cleared by then SRA CEO Vishwas Patil is expected in 15 days. He added that the government was also working on taking building permissions online and bringing all corporations and councils onto a digital platform by this December. “Now online permission will be given for construction of homes of up to1,500 sq ft in the state, excluding Mumbai and Mumbai Metropolitan Region, without additional scrutiny,” said Fadnavis.
“The government has given directions for an integrated plan for development of three Mumbai rivers—Mithi, Dahisar and Poisar—to make them drainage carriers and not sewers,” said the CM.
In a major relief for redevelopment of buildings having fewer than 11 flat owners, chief minister Devendra Fadnavis said the requirement of 70% consent would be reduced to 51%. Most of the private smaller buildings registered under the Maharashtra Apartment Ownership Act (MAOA) stand to benefit.
A minimum of 11 members is required to mandatorily register a housing society. Anything less than that means the tenement gets registered under the 1971 MAOA legislation.
Fadnavis said that, sometimes, a few people in a building deliberately approach another developer and as a result the redevelopment project gets stuck. “To avoid delay in redevelopment projects, the government has decided to amend the MAOA so that instead of 70%, the flat-owners can go ahead with 51% consent,” he said.
An official from the housing department said that the move would help people located in south Mumbai, Thane, Navi Mumbai and Pune.
Buildings which have been registered under this Act, including cessed buildings in south Mumbai, will benefit. With the Real Estate Regulatory Authority (RERA) in place, the government is considering amending both MAOA and the Maharashtra Ownership Flat Act, he added.
Experts however say the move may lead to more litigation as even a single member could swing the the decision. “It would not be easy to convince one member of the building, so it may result in more litigation. Instead, the government should increase the stipulation for 70% consent to 80% or 90%, which would put pressure on the other group. However, the 51% consent may lead to making the minority more vulnerable,’’ said advocate Neha Nagothanekar.
The CM also announced that if tenants reject a developer in an SRA (Slum Rehabilitation Authority) project, they should appoint a new developer within three months or the SRA would take over the project and would float e-tenders and appoint a new developer.
The state is also considering declaring MHADA a special authority for development of 56 MHADA layouts with 2.3 lakh tenements.
Fadnavis said that the inquiry report of the 137 proposals cleared by then SRA CEO Vishwas Patil is expected in 15 days. He added that the government was also working on taking building permissions online and bringing all corporations and councils onto a digital platform by this December. “Now online permission will be given for construction of homes of up to1,500 sq ft in the state, excluding Mumbai and Mumbai Metropolitan Region, without additional scrutiny,” said Fadnavis.
“The government has given directions for an integrated plan for development of three Mumbai rivers—Mithi, Dahisar and Poisar—to make them drainage carriers and not sewers,” said the CM.
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