The 51% Consent Rule for Mumbai Society Redevelopment

Direct answer: a Mumbai co-operative housing society can lawfully approve its own redevelopment once at least 51% of its total membership votes in favour at a properly convened Special General Body Meeting (SGBM). That "51% consent" figure comes from the Government of Maharashtra directive issued under Section 79A of the Maharashtra Co-operative Societies (MCS) Act, 1960, dated 4 July 2019 (No. SGY-2018-PK 85-14-S), which replaced the older and much stricter directive dated 3 January 2009. The single point most members get wrong is this: the 51% is measured against the society's total number of members on its register — not against only the members who attend or vote on the day.

Below we break down where the rule comes from, what "51%" is actually a percentage of, how it differs from the older thresholds, a step-by-step worked example, and how the number changes for cessed buildings, SRA (slum) schemes, cluster redevelopment and very small buildings.

Where the 51% rule comes from: Section 79A and the 4 July 2019 directive

Section 79A of the MCS Act, 1960 gives the State Government the power to issue binding directives to co-operative societies "in the public interest". Redevelopment of old housing societies became such a flashpoint — opaque developer selection, forged consent letters, stalled projects — that the State used Section 79A to lay down a single, uniform procedure that every housing society in Maharashtra must follow when it redevelops.

The current directive is dated 4 July 2019. It expressly superseded the earlier 3 January 2009 directive and tightened the process while, importantly, lowering the headline consent number to 51%. The directive is not optional guidance; a society that skips its steps risks having the whole redevelopment challenged and set aside. For a full walk-through of every stage, see our step-by-step 79A redevelopment process guide.

The directive sets three separate numerical thresholds that people frequently mix up:

• Requisition to call the meeting — not less than 1/5th (20%) of the members must sign the requisition asking the managing committee to convene the redevelopment SGBM.
• Quorum on the day — at least 2/3rd of the total membership must be present for the SGBM to be valid.
• Approval of redevelopment — not less than 51% of the total membership strength must vote in favour.

Some quick vocabulary, because these words appear throughout: an SGBM is a Special General Body Meeting called for a specific purpose. Quorum is the minimum number of members who must be present before a meeting can validly take decisions. A requisition is a formal signed demand from members that forces the committee to hold a meeting.

"51% of what?" — the most misunderstood point

The rule says 51% of the total membership strength, not 51% of members who are present, and not 51% of votes cast. This matters enormously in practice. If a member abstains, stays away, or leaves before the vote, their silence effectively counts as a "not in favour" for the purpose of reaching 51% — because the denominator never shrinks. It is always the full register.

So a society is really clearing two gates at the same meeting: it needs two-thirds present (quorum) and, out of the whole membership, a majority above 51% voting yes. It is entirely possible to have quorum and still fail the consent test if too many attendees vote no or abstain.

The older, higher thresholds — what actually changed

Before 4 July 2019, redevelopment was governed by the 3 January 2009 directive and by long-standing practice that demanded a much higher level of consent — societies commonly worked toward roughly 70% agreement, and in reality many committees chased near-unanimity to feel safe. The practical problem was obvious: a small group of hold-outs, or even one or two flats being sold or in dispute, could freeze a genuinely needed redevelopment for years.

The 4 July 2019 directive re-set the consent bar at 51% of total membership. The trade-off is deliberate: a lower consent number, but wrapped in far stricter procedural safeguards (video recording, a government officer present, developer bank guarantee, registered agreements). In other words, the State made it easier to reach the majority but harder to abuse the process.

If you are reading an older agreement or an old society resolution that quotes 70%, treat it as superseded — the current binding figure is 51% of total membership.

A worked example: a 40-member society

Say your society, "Sunrise CHS", has 40 members on its register. Here is how each threshold is calculated:

• Requisition: 1/5th of 40 = 8 members must sign to demand the redevelopment SGBM.
• Quorum: 2/3rd of 40 = 26.67, rounded up to 27 members must be physically present for the meeting to be valid.
• Consent: 51% of 40 = 20.4, rounded up to 21 members must vote in favour of redevelopment.

Now watch how the two gates interact. Suppose 30 members attend — quorum is cleared (30 is above 27). Of those 30, if 21 or more vote yes, redevelopment is approved. But if only 19 vote yes and 11 vote no or abstain, the meeting had quorum yet failed the 51% test, because 19 is below the 21 needed out of the full 40. The absent 10 members did not help — they are still in the denominator.

The table below shows the same three thresholds for two society sizes so you can sanity-check your own numbers:

Always round up to the next whole member — "not less than" 51% means you cannot fall short even by a fraction.

51% is necessary but not sufficient: the conditions that travel with it

A common and dangerous myth is that "once we have 51%, we are done". The consent figure is only one condition in the 4 July 2019 directive. The redevelopment is protected only if the whole package is followed:

• The shortlisted developer must have at least one MahaRERA-registered project to its name.
• The developer must furnish a bank guarantee of 20% of the project value.
• The Development Agreement (DA) and each member's Permanent Alternate Accommodation Agreement (PAAA) must be registered. (The PAAA is the individual agreement guaranteeing each member their new flat, rent during construction, corpus and hardship compensation.)
• An authorised officer of the Registrar of Co-operative Societies must attend the developer-selection meeting, which must be video-recorded.
• No managing committee member, or a relative of one, may be the developer — a direct bar on self-dealing.
• The project should be completed within 2 years of the plinth Commencement Certificate (CC) — extendable to 3 years only in exceptional cases. (The "plinth CC" is the municipal permission to build above foundation level; it is the practical start of the two-year clock.)

Because the developer must already hold a MahaRERA project and the new building itself will normally be RERA-registered, MahaRERA's own view matters here: it has held that a redeveloping society can itself act as a promoter or co-promoter of the project. That is why the paperwork, timelines and buyer-protection duties under RERA sit on top of the 79A consent process rather than replacing it.

How the 51% rule changes for different building types

Ordinary co-operative housing societies (the standard case)

For a normal registered housing society redeveloping on its own plot, the 4 July 2019 directive applies as described above — 1/5th requisition, 2/3rd quorum, 51% of total membership. This is the situation most Mumbai societies are in.

Cessed and old buildings (MHADA route, DCPR 33(7))

Old, rent-controlled "cessed" buildings in the island city are redeveloped under Regulation 33(7) of DCPR 2034 with MHADA and the Mumbai Building Repair & Reconstruction Board (MBRRB), which offer incentive FSI to make redevelopment viable. Many such buildings are occupied by tenants rather than owner-members, so the consent that matters is that of the eligible occupants under the MHADA framework, and it can differ from the 79A society vote. If your building is cessed, read the dedicated explainer on DCR/DCPR 33(7) cessed-building redevelopment before applying the plain 51% figure — the base you count and the authority you deal with are not the same.

SRA / slum redevelopment (DCPR 33(14))

Slum redevelopment under the SRA runs on Regulation 33(14) and the slum-specific consent rules for eligible slum dwellers, which are separate from the co-operative society directive. Treat SRA consent as its own regime and confirm the current eligible-hutment percentage with the SRA, rather than assuming the 79A society number.

Cluster / federation redevelopment

Where several societies redevelop together — a cluster or urban-renewal scheme, often under Regulation 33(9) — the 4 July 2019 directive adds a layer. Each participating society still needs its 2/3rd quorum and 51% approval, and in addition not less than 60% of all affiliated members across the grouping must consent. One society cannot drag the others in on a bare majority alone.

Very small buildings

Under RERA Section 3(2), a project on land up to 500 sq m or with up to 8 apartments is exempt from separate MahaRERA project registration. That can apply to a small society's new building — but note two things: the 79A consent process still applies in full, and the directive still requires your chosen developer to have a MahaRERA-registered project elsewhere. Small size lightens the RERA filing, not the consent discipline.

What this means for your society

Practically, the 51% rule turns redevelopment from a hostage situation into a manageable majority decision — provided you run it correctly. Three habits protect you:

1. Fix your denominator early. Reconcile the Register of Members with the audited membership list so everyone agrees what "100%" is. Your bye-laws (based on the Model Bye-Laws 2014) govern how members are counted and how the SGBM is called.
2. Follow the sequence, not just the number. Requisition → notice → quorum → developer shortlisting with the Registrar's officer present and camera rolling → 51% vote → registered DA and PAAAs. Skipping a step is the usual reason a project is challenged.
3. Compare offers on the same yardstick before you vote. The 51% decision is only as good as the deal it approves. Use our developer offer comparison tool and check your building's realistic potential with the FSI calculator, since the incentive FSI available under 33(7), 33(9) or 33(14) is plot-specific and drives the corpus, extra area and rent a developer can afford.

If your committee is at the starting line and wants the process handled cleanly from requisition to registered agreements, you can register your society with us for structured guidance — a low-pressure way to make sure your 51% is built on solid ground.

Where to find the official rule

The consent thresholds are set by the Government of Maharashtra, Co-operation, Marketing & Textiles Department directive under Section 79A of the MCS Act, 1960, dated 4 July 2019 (No. SGY-2018-PK 85-14-S), which superseded the 3 January 2009 directive. You can obtain the directive from the Co-operation Department's records or your District Deputy Registrar's office. A developer's MahaRERA project registration can be verified on the official MahaRERA portal, and the new building's own registration (where required under RERA Section 3) will appear there too. Always confirm figures against the latest official text, as directives are periodically updated.