Redevelopment of Public Housing

The Scheme was framed by the State Government on 11.02.2016. As per the said Scheme, Public Housing Schemes which are more than 20 years old or in dilapidated condition wherein land is owned by the Urban Authorities can opt for redevelopment. As per the Scheme, 140% carpet area is to be given to each of the flat holders and the redeveloper has to redevelop the Scheme free of costs. Further, the redeveloper has to provide transit accommodation/rent and also maintain the premises for 7 years. As per the said Scheme, process may be initiated by the association or the concerned public authority. The consent of 75% members is mandatory for any quarters/association, if they want to go for redevelopment.

Purpose

1. To upgrade existing housing stock
2. Create additional affordable housing stock wherever possible
3. To Utilize available land in optimal manner and
4. To Improve neighborhood at no or minimal cost to the Government.

Definition

• Public Housing Scheme means a housing scheme developed by an public agency for the public at large, where ownership of land continues to remain with public agency and only dwelling unit is sold to the beneficiary subject to conditions laid down in the scheme.
• Dilapidated conditions means such house which show signs of decay or breaking down and require major repairs and are far from being in condition that can be restored or repaired are considered as dilapidated.

Eligibility of Project

• Public Housing Scheme includes; housing colonies situated in the urban areas under Gujarat Housing Board (GHB) / Urban Local Bodies (ULB) / Urban Authorities etc of Gujarat State.
• Public Housing scheme older than 20 years or in dilapidated or/and where the FSI is not fully utilized condition will be eligible for redevelopment under this policy.
• Plot area more than 5000 sq. metre or more shall be considered.

Approach

Redevelopment of Public housing scheme may have the following three components:

Redevelopment of existing public housing scheme

1. Owners of the dwelling units may be allocated dwelling units with carpet area higher than existing one.
2. Maximum carpet area of dwelling unit.
   • For Dwelling – 1 (Detached dwelling unit), For Dwelling – 2: (Semi attached dwelling unit, row house, Tenement): and Dwelling-3 (Apartment, Hostel): The maximum aggregate carpet area may be 140% of existing approved carpet area of the dwelling unit or dwelling unit of 30 sq.mt carpet area whichever is higher.
   • For any non residential category: Maximum aggregate carpet area may be 125% of the existing approved carpet area.
3. Developer will redevelop the existing public dwelling unit free of cost.
4. Commercial space equivalent to area used for commercial activities in the public housing scheme shall be provided. Such commercial area can be saleable to the existing dweller.

Creation of Additional Affordable housing Stock

• Dwelling unit with Existing approved carpet area: < 30 Sq. m., size of additional affordable housing shall be 30 Sq. m carpet area.
• Dwelling units with existing approved carpet area: >30 sq. m, size of dwelling units of additional affordable housing shall be 40 sq m carpet area
• The number of units shall be minimum 30% of the total units to be redeveloped

Free Sale Component

• The developer may develop balance FSI remaining after redeveloping the existing housing unit and construction of affordable housing units as permitted under general development control regulations for his own sale.
• The developer may sub lease free sale component on 99 days basis as per applicable statutory provision through ownership right of the land will remain with the concerned public authority.

Stakeholders of the Redevelopment Model

1. Process of redevelopment of existing public housing scheme may be initiated by
   • Association / society of owners by applying to the concerned public agency
   • Concerned public agency
2. Steps to be followed for redevelopment of a public housing scheme are as follows.
   • Existing housing society / association pass a resolution in the format with a approval of minimum 75% of the members (Earlier it was 60%)
   • Concerned public agency will invite e-tenders for selection of private developer and adopt a transparent process.
   • The project can be redeveloped in packages by pooling different category of houses for the purpose of cross-subsidization.
   • Cases of Negative bidding shall be referred to the state level screening committee for suitable decision.
   • Bidding Criteria
     • The bidding criteria will be “BUA/Carpet Area/Number of DU” for creation of additional housing stock.
     • The bidder bidding “Maximum BUA / Carpet Area / Number of DU” for creation of additional housing stock” will be selected
   • Selected private developer, concerned public agency and the existing housing society / association owners will enter into tripartite agreement for redevelopment.
   • For implementation of the redevelopment of existing housing scheme of field, the private developer will obtain consent of 75% of the members, including those taken by way of resolution passed by existing society / association. The concerned public agency and the society / association will facilitate the process.

General Provision

Transaction Accommodation

1. Transit accommodation till the completion and handing over of new units after obtaining building use permission from local authority, will be provided by the developer to the existing inhabitants
2. The cost of transit accommodation will be borne by the developer
3. Transit accommodation can also be provided through rental accommodation by the private developer.

Operation & Maintenance (O&M)

1. O & M for redeveloped and affordable housing will be with the developer for first 7 years from the date of obtaining BU (Building Use) permission. Thereafter it will be handed over to the society / association of beneficiaries. Beneficiaries will have to contribute to maintenance fund for O & M as laid down.
2. Maintenance deposit will be charged from all the beneficiaries at the time of handing over the possession.
3. Defect liability period for the structural stability will be for 10 years

Planning Norms

1. Total permissible FSI for the entire plot will be 3.0 FSI or as per GDCR whichever is higher
2. A. After redevelopment of houses, the remaining permissible FSI shall be utilized on the plot by the developer for creation of affordable housing stock as well as for the development of free sale component. However, if for some reasons remaining FSI cannot be utilized fully on these activities, such remaining FSI can be utilized on any other plot under the same Development Plan as Transferable Development Right (TDR).
   • Such TDR can be utilized fully or in part by the developer or it can be sold to any other person either fully or in part. However, such transactions shall not take place more than twice.
   • TDR can be used in all the area except in the obnoxious and hazardous zone, agriculture zone and other restricted area.
   • TDR shall be generated  on the basis of average jantri rate, as determined by the UDD for this purpose.
   • TDR can be utilized as per pro-rata as jantri of respective land.
   • TDR cannot be utilized in lieu of permissible chargeable FSI in  respective zone.
3. The plot area for redevelopment and affordable housing combined and the land area under saleable components may be segregated through sub plotting.
4. Incase of redevelopment of existing public housing scheme, development for affordable categories of houses as well as the saleable plot, prevailing planning norms of the State Government and/or local GDCR shall be applicable.
5. Amalgamation of plots and internal streets will be allowed.
6. If the width of the road is more than 30m, then building height up to 70m shall be permitted on the recipient land for utilization of TDR. However if the road width is less than 30m, then local GDCR shall be applicable.

Beneficiaries and Allotment

1. Owners of houses in the existing housing scheme will be the beneficiaries of the development component.
2. The existing owners should not have any outstanding dues to the implementation agency at the time of getting possession.
3. Inhabitants staying on rental basis will not be considered for free allotment for redevelopment. However, subject to income criteria, they may be given preference for allotment for additional affordable housing stock on payment basis.
4. The existing houses will be redeveloped and beneficiaries will be rehabilitated in-situ.
5. The housing units of redevelopment and affordable housing will be allotted under the supervision of implementing agency as per guiding principles of allotment of houses issued by the department.

Regulations

1. Affordable Housing Mission (AHM) will be nodal agency at State Level.
2. Gujarat Housing Board (GHB) / Urban Local Board (ULB) / Urban Development Authority (UDA) / any other public authority that own land of the public housing scheme will be implementing agencies.
3. The developer can choose any appropriate construction technology for the project. However, it should be certified by the implementation authority.
4. The expenditure on all internal development works for civic and social infrastructure will be borne by the developer. Internal development work for civic infrastructure will comprise of work like all internal road, footpaths, complete water supply including overhead or surface water reservoir / distributions lines, electric distribution lines, gas distributions network, transformers etc. (if required), internal sewer lines / drainage, gated compound/ street light / proper tree plantation in campus & in front of houses, rain water harvesting etc. Internal development works for social infrastructure will be as per norm.
5. Roof top solar installation in atleast 50% of roof area with grid connection is compulsory.
6. Use of LED lighting in internal as well as external fixtures is compulsory.
7. Single window fast track approvals will be granted by ULB/UDA/ADA
8. Layout of free sale development and redevelopment of existing public and affordable housing shall be approved at a time.
9. Building Use (BU) permission for free sale development will be granted by ULB’s only after the completion of redeveloped and affordable houses to the beneficiaries.
10. The Developer may be exempted from the applicable municipal and revenue charges for the redevelopment of existing housing and Affordable housing component only.
11. The State Government can issue directions or instruct the implementation agency for reconsideration of agency’s decision.
12. The State Government reserves the right to issue directions and provide flexibility in planning regulations or in any parameter of the Policy.
13. There shall be a State Level Screening Committee to supervise, monitor and issue direction regarding implementation or clarification of the policy.

Principal Secretary	Chairman
Secretary, Housing	Members
Project Specialist, AHM	Members
CTP	Members
DS, Housing	Members Secretary
OSD, UD & UHD	Members

Relevant Court Case

• Rakesh Navnitlal Gandhi vs State Of Gujarat on 27 December, 2019
• Rashmikaben Vikramkumar Patel vs Gujarat Housing Board on 16 January, 2019

Reference

• Redevelopment of Public Housing – 2016
• Redevelopment of Gujarat Housing Board, Chandkheda
• Article: Gujarat govt fails to get its Act together
• Sec 41A: Gujarat Ownership Flats Act, 1973: Amendment