Redevelopment of Society is a process that involves the reconstruction of old residential buildings to meet the needs of modern living. This process is often undertaken by Co-operative Housing Societies, which are groups of homeowners who come together to manage and maintain their residential complex.

The journey of Society Redevelopment begins with the identification of the need for Redevelopment. This can be due to various reasons such as the condition of the old  building, the deterioration of the building structure, the need for additional amenities or the desire to upgrade the living standards of the residents.

Once the need for Redevelopment has been identified, the next step is to obtain the Consent of the Members of the Society. This is usually done through calling a General Body Meeting where the Members discuss the proposal of Redevelopment and vote on whether to proceed with the Redevelopment process.

If the Members of the Society agree to proceed with the Redevelopment, the next step is to appoint a Project Management Consultant (PMC) to oversee the entire process. The PMC is responsible for preparing a Feasibility Report which is a basic requirement to carry out the Redevelopment work.

Thereafter the Society conducts the process for appointment of the Developer for the Redevelopment of the Society.

The Developer is then responsible for demolishing the old building and constructing a new one in its place. The new building is usually designed to meet modern standards and may include additional amenities such as a Swimming pool, Gymnasium, and Community Hall etc.

Once the Redevelopment is completed the Members of the Society can move into the new flats in Redeveloped Society.

Redevelopment of Society is a complex process that involves multiple Stakeholders and requires careful Planning and Execution. 

Some of the challenges faced during Society Redevelopment are:

• Obtaining consent: Obtaining the consent of the Members of the Society can be a challenge as all Members may not agree to the proposal.
• Relocation: Temporary relocation of the Members of the Society after demolition of buildings can be a major challenge. The Members may face difficulties in finding suitable accommodation and may also have to bear additional expenses.
• Documentation: The Members of the Society need to provide required documentation and details to prove their eligibility for getting a new flat in a redeveloped building. This can be a challenge for those who do not have the necessary paperwork. The Documentation such as Clear Title of the Property etc.  
• Design: The Design of the new building may not meet the needs and expectations of the Members of the Society. For example, the new building may lack key features that were present in the old building.
• Delays: The construction process can be delayed due to various reasons such as Legal Disputes, Financial Issues, or unforeseen circumstances. This can result in additional expenses and inconvenience for the Members of the Society.

The Government support for Society Redevelopment projects: 

The Government provides support for Society Redevelopment projects in several ways. For example, in India, the Government has introduced various schemes and initiatives to encourage and support the Redevelopment of old Residential Buildings. One such initiative is the Self Redevelopment Scheme, where the Government provides support and encouragement to Co-operative Housing Societies that opt for Self Redevelopment. This means that Builder/s is/are kept out of the equation and instead the Society appoints a Contractor and Project Management Consultant to commence the Redevelopment Project.

In addition, the Government also provides Financial Assistance to Co-Operative Housing Societies through various schemes and initiatives. For example, some banks have started to grant loan/s for Self-Redevelopment projects of Slums, Dilapidated Cessed Buildings, and Co-Operative Housing Societies.

Overall, the Government plays an important role in supporting the Society by providing Financial Assistance, Regulatory Support, and other forms of assistance

Necessary Steps to be considered before going for redevelopment:

• Suitability for redevelopment: The first step before going for redevelopment would be conducting a structural audit of your building. The structural audit will determine whether the building will go in for redevelopment. It would not be legally permissible to go in for redevelopment in the absence of a structural audit report.
• Marketing the Property : Prior to the Redevelopment Process, it is essential that the Property has a Clear Marketable Title which means that the Property is free from any claim from any other Individual or additional issues that could jeopardize ownership, such as Boundary Disputes (Encroachments) or Easements. In the case of Redevelopment of Society, a complete Property Title Search is performed to guarantee that the Title is Clear and Marketable. Moreover, a Developer has to get a clear Title of the Property  for undertaking the Redevelopment Process.

Requirement of A skilled Lawyer in Redevelopment

A Lawyer would be the one to guide to understand the status of Title of the Property. A skilled lawyer can provide up to date information on property related documentation. A skilled lawyer can also help you with the property documentation such as providing clear property title. Property lawyers will guarantee that all paperwork is in order through the entire process of Redevelopment.

Property Agreements are of utmost importance in redevelopment projects. The Society Members are betting their asset (the current structure would be demolished), it is important the builder compensates them well, abides by the law, and fulfills the demands stated in the agreement. Therefore, the agreement should be comprehensive to ensure the Memb ers of the Society don’t suffer financial losses in case the builder fails to complete the project. Hence an advocate would also be required to draft and execute the agreements carefully.

Role of a Project Management Consultant (PMC)

PMC plays an important role in construction projects by providing services from beginning to completion of projects. PMC in coordination with the Lawyer can ensure the documents of the Society such as the Society’s maintenance Bills, Property Tax Papers, Various Agreements, Legal Papers, etc, are as per the requirements. Moreover, PMC provides designing the Redevelopment project with inputs of Society. Furthermore, Some of the duties of PMC are as follows:

·    Preparation of property Feasibility Report

·    Preparation of Tender documents along with the Lawyer

·    Preparation of Comparative Chart of Developers Bid Offers

·    Finalization of Building Plans

·    Quality check Inspections during vacating, demolishing and reconstruction of Building

Find the Competent Developer

The builder is the most crucial element in the Redevelopment process, which is why it is extremely critical to find someone you can trust. Therefore it is important to :

.  Research about the Developer well in advance like his financial capacity, his past experience in construction, Any litigations pending against him  etc.

·   Analyze their records, review the previous collaborators, evaluate the records of cost and time overruns, previous violation of regulations and legalities, among others.

·     Ensure that the process put forth by the builder should be transparent.

·     Choose only a reputed experienced Developer and abide by all the legal formalities.

·   The most recommended way to choose a Developer is to go by the way of Publishing a Tender thereby inviting offers from various Developers. The PMC should prepare a Comparative Chart and after checking the merit, reputation, technical capability, experience, financial status, quality of construction and successful completion of projects etc.

·  The Developer is obligated to give a Security Deposit with the Society equalling the cost of redevelopment. Ensure that the point is mentioned and agreed upon and duly documented.

Society Redevelopment has several benefits for the residents. Some of the benefits include:

• Additional area: The Developer provides a new flat with an additional area to the existing members of the Society. Additional space, if available, could also be purchased from the Developer at the best available price.
• Better planned and designed flats: Redevelopment allows for the construction of better planned and designed flats with modern amenities such as attached bathrooms in bedrooms, balcony etc.
• Corpus fund: Each individual Member of the Society receives a Corpus Fund, which can be used to take care of the increase in maintenance costs or for other purposes.
• Modern facilities: Redevelopment provides Members of the Society with access to modern facilities and amenities such as Lifts, Intercom systems, Smoke detectors, Firefighting Alarm Systems, concealed plumbing and wiring, Clubhouses, Swimming Pools, Gymnasiums, Community Halls, etc.
• Parking: Stilt or underground parking can fix parking issues and provide open space for children to play.

Agreement between the Society and the Developer:

The Development Agreement is executed between the Developer and the Society. The Agreement should explicitly specify the Terms and Conditions agreed between the parties. Moreover, it should also include a penalty clause in the case of a breach.

• An Agreement should mention the time of completion of the Project, Details of Area to be provided, the mode and nature of monetary compensation: a one-time payment, reimbursement of rent, or a mix of both.
• The Permanent Alternate Accomodation Agreement is executed between the Developer and each existing members of the Society. Developer also has to offer a monthly compensation as agreed by the parties along with the transportation charge that the tenant has to incur while securing an alternate accommodation
• Once the agreement is accepted in terms of area and corpus fund, it cannot be revised.

Conclusion 

Society redevelopment is a complex process that involves multiple stakeholders and requires careful planning and execution. The journey of society redevelopment begins with the identification of the need for Redevelopment, obtaining the consent of the Members of the Co-operative housing society, appointing a Project Management Consultant, and selecting a Developer to carry out the Redevelopment. The Government also plays an important role in supporting and facilitating Society redevelopment by providing financial assistance, regulatory support, and other forms of assistance to housing societies. When done correctly, Society redevelopment can greatly improve the living standards of residents and provide them with a modern and comfortable home. However, there are also challenges that need to be addressed such as obtaining consent, relocation, documentation, compensation, design, and delays. Overall, Society redevelopment is a journey that requires patience, perseverance, and collaboration to achieve success.