About the Developer’s Track Record
Before anything else, vet the developer. Redevelopment is a long-term partnership, and you need a reliable partner. A developer’s history is the best predictor of your society's future. Ask them directly: How many redevelopment projects have you successfully
completed, specifically in Mumbai? Can we visit some of your finished sites and speak to the residents there? A site visit can reveal the actual quality of construction, finishing, and long-term maintenance. Also, inquire about their financial stability. You need assurance they can complete the project without cash flow issues, which is a common reason for delays. Don't be afraid to ask for their RERA registration details and check for any legal disputes or stalled projects in their past.
On the Redevelopment Agreement’s Fine Print
The Development Agreement (DA) is the single most important document in this process. Every detail must be crystal clear. Your first question should be about the new flat: What will be the exact carpet area of our new homes? The term 'carpet area' should be used, not 'super built-up area', to avoid confusion. Next, clarify the commercial terms. What is the total corpus fund being offered to each member? How much rent will be paid for temporary accommodation, and will there be an escalation clause if the project is delayed? A strong penalty clause for delays is non-negotiable. The agreement should specify clear timelines for each phase of construction, from demolition to handover, and the financial penalty the developer pays for missing these deadlines.
Regarding Legal and Regulatory Approvals
A project can stall for years due to a lack of proper permissions. Ensure the developer is transparent about all necessary approvals. Ask: Is the redevelopment project registered with MahaRERA? You can and should verify the project details on the official MahaRERA portal. What is the status of approvals from the Brihanmumbai Municipal Corporation (BMC), such as the IOD (Intimation of Disapproval) and Commencement Certificate (CC)? The society should also ensure its own legal paperwork is in order, most importantly, the Conveyance or Deemed Conveyance Deed. Without a clear title to the land, redevelopment can face serious legal hurdles. The DA and the Power of Attorney given to the developer must also be thoroughly vetted by a legal expert hired by the society.
About Your Rights and Benefits as a Member
Redevelopment should be a democratic process. According to government resolutions, a minimum of 51% of a society's total members must give written consent for redevelopment to proceed. Understand the role of your managing committee and the optional redevelopment committee, which is an advisory body. Ask about the process: How was the Project Management Consultant (PMC) selected to guide the society? How will the new flats be allocated to existing members? It is critical that the process is transparent and fair to avoid internal disputes. Also, clarify the plan for any tenants in the building, as their rights must also be protected under the agreement.
Concerning the Final Building and Handover
Look beyond just your individual flat and consider the entire project. Ask for the final layout and building plans. What amenities are promised in the new building, such as parking, a community hall, or green spaces? These should be clearly specified in the agreement. What are the specifications for materials and fittings to be used in the new flats? Finally, what is the process for handover? The developer must obtain the Occupation Certificate (OC) from the BMC before members can legally move in. The agreement should clearly state the developer’s responsibility to secure the OC. Without it, your new home is not officially complete.
