• Mezzanine floor

i am owner of restaurant in landlord owned building going for redevelopment, am i entitled for mezzanine floor or extra carpet area + additional area for existing legal mezzanine floor in new building
Asked 21 days ago in Property Law
Religion: Hindu

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7 Answers

1) When was the mezzanine floor constructed .? 

2) is it regularised by BMC 

 

3) modified DCR 38(6)(i) permitted exemption of mezzanine floors constructed prior to 15 August 1997 from FSI computation subject to special permission of the Municipal Commissioner and upon payment of premium as specified by him. To bring into effect the provision of DCR 38(6)(i) authorising the Municipal Commissioner to grant such permission and for determination of amount of payment of premium, the Municipal Corporation formulated Policy vide Circular dated 8 August 2005 for regularization of mezzanine flats and lofts constructed prior to 15 August 1997 in existing authorized buildings.

 

4) you should be entitled to additional area in new building on redevlopment 

Ajay Sethi
Advocate, Mumbai
98118 Answers
7973 Consultations

Aclaim for a mezzanine floor would likely involve demonstrating its existence and value as part of the original property, and potentially seeking compensation for its loss or alteration during the redevelopment.

If the mezzanine was part of the original agreement, this is crucial evidence.

Determine whether the mezzanine is being removed, altered, or its functionality is affected by the redevelopment. 

Determine whether the mezzanine is being removed, altered, or its functionality is affected by the redevelopment.

Attempt to negotiate with the developer or relevant authorities for compensation for the loss or alteration of the mezzanine floor.

A mezzanine floor is typically not counted as one of the floors in the building, and hence, it is excluded when counting the maximum floor area.

T Kalaiselvan
Advocate, Vellore
88319 Answers
2388 Consultations

You are legal owner of part of structure. You are entitled to equal share of your space at with other owners, what other get you will also get proportionately. 

Ravi Shinde
Advocate, Hyderabad
4771 Answers
42 Consultations

No. You are not entitled to any extra area. In terms of rent agreement you will be entitled to any tenanted area as was originally assigned to you. 

Siddharth Srivastava
Advocate, Delhi
1534 Answers

If it's a legal structure then yes 

You'll need some document issued by BMC to show that the mezzanine is a legal structure 

Mere reflecting of the mezzanine floor in the assessment records will not suffice though 

Yusuf Rampurawala
Advocate, Mumbai
7802 Answers
79 Consultations

It depends what is your existing area and FSI applicable in your area

Prashant Nayak
Advocate, Mumbai
33303 Answers
219 Consultations

Your entitlement to a mezzanine floor or extra carpet area in the redeveloped building depends on the following factors:


Key Considerations:


  1. Development Agreement with the Landlord – If the existing legal mezzanine floor was part of your leased/rented area, you can negotiate for an equivalent space in the redeveloped property.

  2. Municipal Approvals & Redevelopment Rules – Some cities allow extra FSI/FAR in redevelopment, which might impact your claim for a mezzanine floor.

  3. Customary Practices & Previous Agreements – If past tenants received additional area for their mezzanine, you can demand the same.


Possible Claims in Redevelopment:


Same Carpet Area + Equivalent Mezzanine (if legal).
Extra FSI if permitted by local authorities.
Compensation or rent during redevelopment if relocation required.


What You Should Do:


  • Check the redevelopment agreement & your lease terms.

  • Negotiate with the landlord before signing any agreement.

  • Consult a lawyer to ensure your rights are protected.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
913 Answers
4 Consultations

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