Consent of 51% tenants adequate for redevelopment of small buildings

Consent of 51% tenants adequate for redevelopment of small buildings
The government has decided to amend the MAOA so that instead of 70%, the flat-owners can go ahead with 51% consent (Representational Image. Courtesy: urbannewsdigest.in)

In a major relief for residents and developers, Chief Minister Devendra Fadnavis on Monday announced that a consent of 51 percent occupants will be adequate for redevelopment of old buildings.

The move, in accordance with the Real Estate Regulatory Authority (RERA) norms, will affect small buildings with fewer than 11 flat owners, and registered under the Maharashtra Apartment Ownership Act (MAOA).

The decision will pave way for the redevelopment of thousands of buildings in the city, many of which have failed to meet the earlier requirement of 70 percent due to interference of developers or residents with vested interests.

“To avoid delay in redevelopment projects, the government has decided to amend the MAOA so that instead of 70 percent, the flat-owners can go ahead with 51 percent consent,” Fadnavis said.

The decision will positively impact those living in small buildings across Mumbai, Navi Mumbai and Thane.

The government is also considering amending the MAOA and the Maharashtra Ownership Flat Act now that the RERA is in place. The newly introduced RERA act also requires consent of 51 percent tenants.

While lowering the consent percentage may benefit many in the short run, some experts have claimed that it will lead to more litigation as every member will in a position to swing the final decision.

Slum Redevelopment Authority (SRA) projects, however, will continue to require consent of 70 percent residents. However, if developers fail to start work within three months of taking up the project, SRA will float fresh e-tenders and appoint a new developer.

The CM also said that all building related proposals in the municipal council will be cleared and put up online from August 3.

“Now online permission will be given for construction of homes of up to 1,500 sq ft in the state, excluding Mumbai and Mumbai Metropolitan Region, without additional scrutiny,” said Fadnavis.

The process will gradually extended to corporations like the BMC, with the entire proposal clearance process across the state expected to move online by December.

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