Tuesday, May 16, 2023

Higher FSI benefits at large

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When a redevelopment project is done, an increase in the Floor Space Index (FSI) happens, there can be several potential benefits that are passed on to society indirectly. Here are some possible advantages:

Increased housing availability: One of the primary benefits of increasing FSI is the potential to create more housing units within a given area. By allowing for taller and more densely constructed buildings, developers can accommodate a greater number of residential units. This helps address housing shortages and increases the availability of affordable housing options.

Efficient land use: Higher FSI enables more efficient utilization of land resources. By allowing for taller structures and increased density, redevelopment projects can make better use of available land, especially in densely populated urban areas. This is particularly valuable in cities where land is scarce and expensive.

Enhanced urban infrastructure: Redevelopment projects often involve improvements to urban infrastructure such as roads, utilities, parks, and community facilities through TDR via BMC. When FSI is increased, developers may be required to contribute to infrastructure development or upgrades, which can lead to enhanced amenities and services for the surrounding community. This can include the construction of better roads, public transportation systems, green spaces, and community centres and more importantly parkings.

Economic growth and job creation: Redevelopment projects driven by increased FSI can stimulate economic growth and generate employment opportunities. As construction and development activities increase, there is a demand for labor, creating jobs for construction workers, architects, engineers, and other professionals. Additionally, the presence of new housing and commercial spaces can attract businesses and contribute to local economic activity.

Improved public transportation: With increased population density resulting from higher FSI, there is a greater likelihood of improved public transportation infrastructure like Metro train and Coastal Road. As more people live and work in a particular area, there is increased demand for efficient and accessible transportation options. This can encourage investments in public transportation systems, including the expansion of bus routes, the establishment of new train or metro lines, or the enhancement of existing infrastructure.

Environmental considerations: Redevelopment projects that incorporate higher FSI can promote sustainability and environmental consciousness. By concentrating development in urban areas, it reduces the need for urban sprawl and the associated destruction of natural habitats. Additionally, developers may be required to adhere to green building standards, incorporate renewable energy sources, and implement measures to mitigate environmental impact.

It's important to note that the actual benefits realized can vary depending on various factors such as the specific context, local regulations, and the implementation of the redevelopment project. Therefore, careful planning, community engagement, and effective governance are crucial to ensure that the benefits of increased FSI are maximized and equitably distributed among society.


Utkarsh Jani

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Saturday, May 13, 2023

Redevelopment through Advocate's legal Lens

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Redevelopment of housing societies typically involves multiple legal considerations that must be addressed to ensure a smooth and compliant process. Here are some key legalities associated with housing society redevelopment:

Society Bye-laws: The first step is to review the existing bye-laws of the housing society. These bye-laws may outline provisions related to redevelopment, including the procedure for obtaining consent from society members, terms of redevelopment agreements, and the rights and responsibilities of the society and its members during the process.

Development Control Regulations (DCR): Redevelopment projects need to adhere to the DCR set by the local development authority or municipality. These regulations govern aspects such as land use, floor space index (FSI), setbacks, height restrictions, parking requirements, and other parameters specific to the locality.

Building Permissions and Approvals: Redevelopment projects require obtaining necessary building permissions and approvals from the local planning authority. This may include approvals for the architectural plans, structural design, environmental impact assessments, fire safety compliance, and other statutory clearances.

Society Member Consent: In many cases, redevelopment requires the consent of a specific percentage of society members. The consent process is governed by the society bye-laws and may involve conducting general body meetings, presenting redevelopment proposals, and obtaining written consent from the members.

Agreements and Contracts: Redevelopment projects involve the execution of various legal agreements, including development agreements, tripartite agreements between the developer, society, and individual members, lease agreements, and other contractual arrangements. These agreements outline the rights, obligations, financial terms, and timelines for the redevelopment project.

Rehabilitation of Society Members: During redevelopment, provisions for the temporary or permanent relocation and rehabilitation of society members must be considered. Legal aspects related to alternate accommodation, rights of existing members, compensation, and entitlements need to be addressed in accordance with relevant laws and agreements.

Dispute Resolution: In case of any disputes or disagreements arising during the redevelopment process, the legal mechanisms for dispute resolution, such as arbitration or legal recourse, need to be understood and complied with as per the applicable laws and contractual agreements.

It is important to consult with legal professionals experienced in housing society redevelopment to ensure that all legalities are properly addressed and complied with. They can provide guidance on specific legal requirements, documentation, and compliance procedures relevant to the jurisdiction and nature of the redevelopment project

Utkarsh Jani