Government policy

Cluster Redevelopment (DCPR 33(9)): A Complete Guide for Mumbai Societies

How several old Mumbai buildings can be rebuilt together as one Urban Renewal Scheme — the plot and road rules, the special federation consent, and what it means for your society.

Cluster redevelopment under Regulation 33(9) of DCPR 2034 lets several old buildings — or several separate housing societies standing side by side — be demolished and rebuilt together as one large, planned Urban Renewal Scheme, instead of each building being redeveloped on its own small plot. Because the plots are pooled into a single scheme, the developer can re-lay wider internal roads, create bigger common open spaces and arrange the towers across the whole block instead of squeezing each one onto its own cramped plot. In return, the law asks for agreement from everybody: Regulation 33(9) itself needs irrevocable, registered, written consent of not less than 51% of the occupiers of each authorised building, or 60% overall of the scheme, and every participating society must still pass its own resolution under the Section 79A directive. This guide explains, in plain language, the 4,000 sq m / 6,000 sq m minimum area and 18 m access road that decide whether 33(9) is even open to you, the FSI of 4.00 the scheme carries, the road-width FSI bands underneath it, the consent each society needs, the Rs 50,000 per tenement corpus and the other figures Regulation 33(9) fixes, the tax angles, and the real pros and cons for your society.

4,000 / 6,000 sq mMinimum contiguous cluster area — Island City / suburbs (Reg 33(9) cl. 1.1)
18 mMinimum width of the DP road the cluster must be accessible by
FSI 4.00Total permissible FSI for a Cluster Development Scheme, or rehab + incentive if more
51% / 60%Consent of occupiers — of each authorised building, or overall of the scheme (cl. 4(a))
Rs 50,000Minimum corpus per tenement the developer must create under Reg 33(9)
10 yearsPeriod that corpus must cover maintenance of the rehab buildings
27.88 sq mMinimum rehab carpet for a residential occupant (300 sq ft), before Table-A additions
5% of ASRHeritage cess on the built-up area of a heritage structure in the scheme

What "cluster redevelopment" actually means

Two terms make the rest of this page easy to follow. DCPR 2034 stands for the Development Control & Promotion Regulations 2034 — the building rule-book for Greater Mumbai (the area under the Municipal Corporation of Greater Mumbai, MCGM). The rest of Maharashtra follows a similar rule-book called the UDCPR. FSI (Floor Space Index) is the ratio between the floor area you are allowed to build and the size of your plot; a higher FSI means more saleable flats, and it is the sale of those extra flats that pays for your new building.

A single society normally redevelops its own building on its own plot. Cluster redevelopment under Regulation 33(9) — often called an Urban Renewal Scheme (URS) — is different. Several adjoining plots or buildings, which may belong to several different co-operative societies, are joined together and planned as one integrated scheme. Instead of each society squeezing a tower onto a cramped plot with narrow lanes, the whole block is re-imagined: roads are widened, amenity spaces are pooled, and the buildings are re-positioned across the entire cluster. This is why the regulation sits in the "urban renewal" family — it is meant to renew a whole neighbourhood pocket, not just one building.

How 33(9) differs from single-building redevelopment

Most Mumbai societies are more familiar with the single-building routes. Regulation 33(7) (with its sub-clauses 33(7)(A) and 33(7)(B)) covers the reconstruction or redevelopment of cessed buildings in the Island City existing prior to 30 September 1969, and of old Corporation (MCGM) buildings of the same vintage. Under that regulation the eligibility list and the occupiers' consents are certified by the Mumbai Building Repairs and Reconstruction Board (MBRRB). Slum plots use Regulation 33(10) through the SRA, where an eligible slum dweller is entitled to a tenement of 27.88 sq m (300 sq ft) carpet, free of cost — and Regulation 33(9) applies the same 27.88 sq m figure to an eligible slum dweller inside a cluster. Cluster redevelopment under 33(9) is the option when a group of such buildings can be combined. The table below sets out the practical differences.

FeatureSingle-building redevelopment (e.g. 33(7))Cluster / Urban Renewal (33(9))
What is redevelopedOne building on one plotA group of contiguous buildings/plots as one scheme
Who decidesOne society's general body; under 33(7), consent of not less than 51% of the occupiers, verified by MBRRBReg 33(9) cl. 4(a): irrevocable registered written consent of not less than 51% of each authorised building, or 60% overall of the scheme; each society also passes its own 79A resolution; the scheme is then sanctioned by the High Power Committee headed by the Municipal Commissioner
Minimum sizeNo minimum plot area — one plot, whatever its size4,000 sq m contiguous in the Island City, 6,000 sq m in the suburbs, accessible by an 18 m DP road
Layout planningLimited by the single plot's shape and accessRoads, open spaces and towers re-planned across the whole cluster
FSI and incentiveUnder 33(7): total FSI 3.00 of the gross plot area, or rehabilitation FSI + 50% incentive FSI on a single cessed plot, whichever is moreUnder 33(9): total FSI 4.00, or rehabilitation FSI + incentive FSI, whichever is more. Joining plots also raises the 33(7) incentive to 60% (2 to 5 plots) or 70% (six or more plots), with 8% or 15% extra rehab carpet to each occupier
Complexity & timelineLower — fewer stakeholdersHigher — many owners, staged demolition and rehab

For a deeper look at the cessed-building route that many cluster members come from, see our guide to DCR 33(7) for cessed buildings.

If your 33(7) scheme has stalled, it can move into a 33(9)

This matters to a lot of societies. Regulation 33(9) allows an ongoing 33(7) scheme that meets the criteria to be included in, or converted into, a 33(9) urban renewal / cluster development scheme. There is one condition worth reading twice: every dilution of reservations that was permitted under the 33(7) scheme must be restored in the 33(9) scheme. So the switch is legally possible, but the reservations that were relaxed earlier cannot quietly stay relaxed. Ask your developer to show you, on the layout plan, exactly which reservations are being put back.

Which clusters qualify: plot area and road conditions

A 33(9) scheme is not available to just any two buildings that happen to be neighbours. The regulation sets two hard entry tests — a minimum contiguous scheme area and a minimum access-road width. Both are stated as figures, so your committee can check them on a survey plan in one sitting, before a single developer is invited.

Entry test under Regulation 33(9)The figure you must meet
Minimum contiguous cluster area — Island City of Mumbai4,000 sq m
Minimum contiguous cluster area — Mumbai suburbs & extended suburbs6,000 sq m
Boundary of the clusterBounded by existing distinguishing physical boundaries — roads, nallas, railway lines and the like
Access roadAn existing or proposed D.P. road at least 18 m wide, or a road for which MCGM has prescribed a sanctioned regular line of street under the MMC Act, 1888
Relaxation on accessThe High Power Committee may, after verifying a traffic simulation study, allow a scheme reached by an existing dead-end road of at least 12 m originating from an 18 m wide public road
Buildings that may be pooledCessed Island City buildings under the MHAD Act 1976; buildings at least 30 years old (age taken as on 1 January of the year the proposal is submitted); Government, semi-Government, MCGM, MHADA and institutional buildings of the same age; and Government or MCGM land inside the cluster

Source: DCPR 2034, Regulation 33(9) clause 1.1 and 1.2 — Cluster Development Scheme (CDS).

Do the area sum first. Add up the plot areas of every society willing to join. If the total falls short of 4,000 sq m in the Island City or 6,000 sq m in the suburbs, the 33(9) route is closed to you today, and the practical question becomes which neighbour to bring in next to cross the line. Once you clear it, the whole cluster is treated as one plot for FSI and for marginal distances, and no separate amalgamation approval is needed for the different CTS or F.P. numbers inside it — that single sentence in the regulation is what makes pooled planning possible.

Road width is not vague — it is a fixed table

The road part of the test is completely fixed. DCPR 2034 decides the permissible FSI of a plot by four road-width thresholds — 9 m, 12.00 m, 18.00 m and 27 m — and by whether your plot is in the Island City or in the suburbs. Regulation 33(9) then lets the scheme go up to a total FSI of 4.00 (or rehabilitation plus incentive, if more), but Table 12 is the floor everything is measured from, and it is the first number to establish for your own boundary.

Width of the road your plot abutsIsland City — permissible FSIMade up of (basic 1.33)Suburbs & extended suburbs — permissible FSIMade up of (basic 1.00)
Less than 9 m1.331.33 basic only — no premium, no TDR1.001.00 basic only — no premium, no TDR
9 m and above but less than 12.00 m2.001.33 + 0.50 premium + 0.17 TDR2.001.00 + 0.50 premium + 0.50 TDR
12.00 m and above but less than 18.00 m2.401.33 + 0.62 premium + 0.45 TDR2.201.00 + 0.50 premium + 0.70 TDR
18.00 m and above but less than 27 m2.701.33 + 0.73 premium + 0.64 TDR2.401.00 + 0.50 premium + 0.90 TDR
27 m and above3.001.33 + 0.84 premium + 0.83 TDR2.501.00 + 0.50 premium + 1.00 TDR

Source: sanctioned DCPR 2034, Regulation 30(A), Table 12 — permissible FSI by road width. Applies to Greater Mumbai (MCGM) only; the rest of Maharashtra follows the UDCPR.

Read it like this. If your buildings front a 15 m road in the suburbs, you are in the "12.00 m and above but less than 18.00 m" row and the permissible FSI is 2.20 — made up of 1.00 basic, 0.50 bought as premium and 0.70 loaded as TDR. The same 15 m road in the Island City gives 2.40, because the Island City basic (zonal) FSI is 1.33 while the suburban basic is 1.00. A cluster that fronts only a 7 m lane sits at the bottom of the table — 1.00 in the suburbs and 1.33 in the Island City — which is exactly why the width of the roads on a cluster's edge is the first thing to measure.

The 9 metre line: exactly 9.00 m is in the higher band

One boundary is worth reading twice, because societies lose money on it — usually by being told the wrong thing. In the sanctioned Table 12 the first band reads "less than 9 m" and the next reads "9 m and above but less than 12.00 m". So a road measured at exactly 9.00 m clears the threshold and sits in the higher band. It does not get basic FSI only. It gets 2.00.

The difference is large. In the suburbs a 9.00 m road takes you from 1.00 to 2.00 — double the permissible FSI. In the Island City it takes you from 1.33 to 2.00, a jump of 0.67. On a suburban cluster with 6,000 sq m of FSI-bearing area, that single reading is the difference between 6,000 sq m and 12,000 sq m of permissible built-up area.

Older write-ups — and a good deal of material still circulating online — carry the draft DCPR bands of 12.20 m, 18.30 m and 30 m, and describe the first band as "up to 9 m". Those were imperial carry-overs (40 ft, 60 ft, 100 ft) that were replaced with round metric thresholds when the regulation was sanctioned. If a developer's feasibility note puts your 9.00 m road in the basic band, it is being read off the draft, and it understates your entitlement. Get the width certified from the DP remark or the road register, in metres to two decimal places, and hold the note against the sanctioned table.

There is a second, related clause worth knowing in a cluster, where roads get widened as part of the scheme. Note 1 to Table 12 says that a plot abutting a public road of existing width at least 6 m but less than 9 m, which is proposed to be widened to 9.0 m or more, gets the FSI admissible for a 9 m road. So a narrow lane that the scheme itself widens can carry your plot into the 2.00 band — ask your architect whether the proposed widening has been claimed.

Two riders that developers rarely volunteer. First, the premium column is not free FSI: premium FSI is charged at 50% of the land rate in the Annual Schedule of Rates (ASR) for FSI 1 of the year in which the FSI is granted (Regulation 30(A)(6)), and the ASR rate is specific to your locality, so take it from the ASR for your ward rather than from a developer's presentation. Second, permissible FSI is not worked out on your gross plot area. Regulation 30(A)(2) computes it on the plot area excluding land under DP roads, land under a sanctioned regular line prescribed under the MMC Act, amenity plots under Regulations 16 and 14, and DP reservations to be surrendered to MCGM under Regulation 17. You get compensated for the surrendered land separately: DCPR 2034 allows TDR under Table 12(A) of Regulation 32 for it, and FSI equivalent to that TDR in lieu of road widening may be used over and above the permissible FSI on the remainder plot. In a cluster, where roads are widened and reservations handed over, this is often worth a large amount of area — make sure it is claimed for the society and not silently absorbed by the developer.

Worked example — why the net-area rule and the 9 m line both matter

Suburban cluster, four societies pooled: gross area 6,000 sq m.

Less land under a proposed DP road to be surrendered: 600 sq m.

Net plot area for FSI under Reg 30(A)(2): 6,000 − 600 = 5,400 sq m

Access road certified at 9.00 m → suburban band "9 m and above", permissible FSI 2.00

Permissible BUA = 5,400 × 2.00 = 10,800 sq m

Plus TDR/FSI for the 600 sq m surrendered, under Table 12(A) of Reg 32 = 600 sq m

Total ≈ 11,400 sq m

Same cluster if the 9.00 m road were wrongly read as "up to 9 m" at FSI 1.00: 5,400 × 1.00 = 5,400, plus the same 600 sq m credit

= 6,000 sq m — a gap of 5,400 sq m of built-up area on one misread band

Illustration only. TDR entitlement for surrendered land depends on the ASR rates and the Table 12(A) multiplier applicable to your ward — take that figure from your architect's calculation, not from this example.

A few special zones sit outside the table: land in an industrial zone carries basic 1.0 and up to 2.0 using TDR; the area earmarked for BARC in M Ward is capped at 0.75; and the villages of Akse and Marve and the CRZ-affected areas of Erangal in P/North Ward, excepting gaothan proper, are capped at 0.50. Estimate your own plot with our FSI calculator before you sign anything.

Your base permissible FSI is not a mystery — it runs from 1.00 to 2.50 in the suburbs and 1.33 to 3.00 in the Island City, decided purely by the road-width band, and a road of exactly 9.00 m sits in the 2.00 band. What is genuinely plot-specific is the incentive and fungible component on top. So when a developer quotes one "guaranteed FSI" figure, ask him to split it into basic, premium, TDR and incentive, and check the basic against the table above.

The consent your federation needs (the heart of 33(9))

Because a cluster involves many separate societies, the members must agree at two levels: inside each society, and across the whole cluster. When societies join for a common scheme they usually form a federation (an apex body of the participating societies). Two separate instruments apply, and it is worth keeping them apart. Regulation 33(9) clause 4(a) of DCPR 2034 sets the consent the scheme needs. The State's directive under Section 79A of the Maharashtra Co-operative Societies (MCS) Act, 1960 — the directive dated 4 July 2019, which superseded the earlier 3 January 2009 directive — sets the process each society must follow.

Level 1 — inside each society (Section 79A directive)

Every participating society must follow the ordinary 79A steps on its own. The process starts with a requisition by not less than one-fifth (1/5th) of the members. A Special General Body Meeting (SGBM) is then called; the meeting is valid only if the quorum is two-thirds (2/3rd) of the total membership, and the redevelopment resolution needs approval of not less than 51% of the total membership strength — that is 51% of everyone on the rolls, not merely 51% of those who turned up. To understand this counting rule in detail, read our explainer on the 51% consent rule.

Level 2 — across the whole cluster (Regulation 33(9) clause 4(a))

The regulation itself adds a bar of its own. A CDS may be permitted only on an irrevocable, registered, written consent from the eligible tenants and occupiers of all authorised buildings in the cluster — not less than 51% of each building, or 60% overall of the scheme. Read the three words carefully: irrevocable (a member cannot withdraw it later), registered (it is a registered document, not a signature on a society letter), and written. A verbal show of hands at a meeting is not consent under this clause.

That consent is not required in one situation only: where MHADA or MCGM undertakes the redevelopment on its own land, directly, without any developer.

In practice this means a strong society cannot simply out-vote a reluctant one, and a majority in the biggest building does not by itself carry the cluster. In our experience federations aim at both tests together — 51% inside every building and 60% across the scheme — because that is the position no one can later unpick.

There is one more ownership test that decides whether a developer can even file. Along with the CDS proposal the developer must produce proof of ownership or of procured development rights over at least 70% of the land in the proposed cluster, excluding municipal roads kept as they are, and must produce the same proof for the balance area within one year of the Letter of Intent. Ask to see that 70% documentation before your society signs anything.

The safeguards that come with it

The 79A directive also builds in protections that apply to cluster schemes: the shortlisted developer must have at least one MahaRERA-registered project; the developer must furnish a bank guarantee of 20% of the project value; construction must be completed within two years of the plinth commencement certificate (three years in exceptional cases); the Development Agreement (DA) and each Permanent Alternate Accommodation Agreement (PAAA) must be registered; the developer-selection meeting must be video-recorded in the presence of the Registrar's authorised officer; and no managing-committee member or their relative may be the developer. Follow the full sequence in our step-by-step 79A process guide.

RequirementThresholdWhere it comes from
Requisition to startNot less than 1/5th of members79A directive, 4 July 2019
SGBM quorum (each society)2/3rd of total membership79A directive, 4 July 2019
Approval (each society)Not less than 51% of total membership strength79A directive, 4 July 2019
Occupier consent for the schemeNot less than 51% of each authorised building, or 60% overall of the scheme — irrevocable, registered and in writingDCPR 2034, Reg 33(9) cl. 4(a)
Developer's land control at filingOwnership or development rights over at least 70% of the cluster land; balance within 1 year of LOIDCPR 2034, Reg 33(9) cl. 4(a)
Developer track recordAt least one MahaRERA-registered project79A directive, 4 July 2019
Developer bank guarantee20% of project value79A directive, 4 July 2019
Completion deadline2 years from plinth CC (3 in exceptional cases)79A directive, 4 July 2019

A worked example: a four-society cluster

Imagine four adjoining societies agreeing to explore a common 33(9) scheme, with these membership rolls:

  • Society A — 60 members
  • Society B — 50 members
  • Society C — 40 members
  • Society D — 50 members
  • Total affiliated members — 200

Working through the thresholds:

  1. Requisition: in each society, at least 1/5th must requisition the SGBM — so 12 members in A, 10 in B, 8 in C and 10 in D.
  2. Quorum: each SGBM needs 2/3rd of that society's total present — 40 in A, 34 (rounded up from 33.3) in B, 27 in C and 34 in D.
  3. Per-society approval: at least 51% of the total roll must vote yes — 31 in A, 26 in B, 21 in C and 26 in D.
  4. Scheme consent under Reg 33(9) cl. 4(a): irrevocable registered written consent of at least 51% of the occupiers of each authorised building — 31, 26, 21 and 26 again — or 60% overall of the scheme, which on 200 occupiers is 120 registered consents.

Notice how the two levels interact. Suppose Societies A, B and D pass comfortably but Society C only just scrapes past its own 51%. The 79A resolutions are then in place, but the scheme consent under Regulation 33(9) is a separate document set: it must be irrevocable, registered and written, and the count that will be certified is the count of those registered consents, not the count of hands raised at an SGBM. A federation that gets to 120 registered consents across all four societies and holds 51% inside every single building is in the strongest position, because neither test can then be challenged.

One more sum most committees never do. If those 200 tenements average 40 sq m carpet each and the cluster measures 1.2 hectares, the additional area under Table-A of Regulation 33(9) — set out in the next section — is 15%. So each member's rehabilitation entitlement is 40 + 6 = 46 sq m carpet, with the statutory floor of 27.88 sq m protecting anyone whose existing flat is smaller. That is the number to put in front of a developer, not a vague promise of "30% extra".

Incentive FSI, rehabilitation and the money side

A cluster scheme is funded the same way as ordinary redevelopment: the buildable potential is split into a rehabilitation component — the new homes given free of cost to existing members, usually with extra carpet area — and a sale component the developer sells in the open market to recover cost and profit. Under Regulation 33(9) the total permissible FSI is 4.00, or the sum of rehabilitation FSI plus incentive FSI, whichever is more. That "whichever is more" is the society's protection: you are guaranteed the better of the two, and fungible compensatory area under Regulation 31(3) sits on top of it.

The 4.00 is computed on the gross plot area but excluding reservations, existing amenity, road set-back and area under existing municipal roads — while including the built-up area under those reservations, amenities and set-backs. Ask your architect to show you both figures, the gross and the FSI-bearing area, on the same sheet.

What each member gets: the basic area and the Table-A addition

Regulation 33(9) does not leave your entitlement to negotiation. Each occupant is rehabilitated on ownership basis with carpet area equal to what they occupy in the old building — and for a residential or residential-cum-commercial occupant that area cannot be less than 27.88 sq m (300 sq ft). That is the "basic area". On top of the basic area comes an additional area fixed purely by the size of the cluster:

Area of the Cluster DevelopmentAdditional area, over and above the basic area
Above 1 ha up to 2 ha15%
Above 2 ha up to 5 ha20%
Above 5 ha up to 10 ha25%
Above 10 ha30%

Source: DCPR 2034, Regulation 33(9), Table-A — additional rehabilitation area by size of the cluster.

Three things follow from that table, and each is worth money to your members.

  • Size buys carpet. Moving a cluster from 1.8 ha to 2.1 ha lifts every member from 15% to 20% additional area. On a 50 sq m flat that is 7.5 sq m instead of 10 sq m — 2.5 sq m per member, times every member in the scheme. Bringing in one more neighbouring society can be worth more than any concession a developer offers.
  • The addition is capped at 100 sq m of existing carpet. If an occupant's old flat is 100 sq m or more, the percentage is applied only on 100 sq m. So a 140 sq m flat in a 3 ha cluster gets 140 + 20 = 160 sq m, not 168.
  • Below 1 ha there is no Table-A addition at all. A cluster that just scrapes past the 4,000 sq m minimum gets the basic area and the 27.88 sq m floor, but no percentage on top. Know which side of 1 ha you are on before anyone promises "plus 15%".

An eligible residential or residential-cum-commercial slum dweller inside the cluster gets a tenement of 27.88 sq m (300 sq ft). A non-residential occupant gets the existing area or a maximum of 20.90 sq m, whichever is less. No occupant may be given more than basic plus additional area, except where the Municipal Commissioner allows marginally more for planning constraints — and that extra is then deducted from the sale component, not from anyone's entitlement.

The developer's incentive FSI: Table-B

The incentive FSI a developer earns against the rehabilitation he builds is not negotiable either. It is read off Table-B using the Basic Ratio — the ASR land rate for your area divided by the ASR rate of RCC construction, both taken for the year the project is approved and the LOI issued — and the size of the cluster.

Basic Ratio (Land Rate ÷ Rate of Construction)0.4 ha up to 1 haAbove 1 ha up to 5 haAbove 5 ha up to 10 haAbove 10 ha
Above 6.0055%60%65%70%
Above 4.00 and up to 6.0065%70%75%80%
Above 2.00 and up to 4.0075%80%85%90%
Up to 2.0085%90%95%100%

Source: DCPR 2034, Regulation 33(9), Table-B — incentive FSI as a percentage of admissible rehabilitation area. Where more than one land rate applies inside the cluster, a weighted average is taken. The ratio is fixed for the year of approval and does not change if the scheme is later revised.

Read Table-B the counter-intuitive way round: a lower land-to-construction ratio gives the developer a higher incentive, because a cheaper-land scheme needs more to be viable. And read the columns, not just the rows — at any given ratio, a bigger cluster carries a bigger incentive. This is the clearest arithmetic reason why neighbouring societies are worth persuading. Two useful checks for your committee: ask the developer to state the LR, the RC and the resulting Basic Ratio in writing, and confirm the cluster area band he has used, because both together fix his incentive percentage and therefore the size of the sale component he is planning.

Exactly how much area your own members end up with depends on these inputs — so estimate it with the FSI calculator and the additional-area calculator, and put competing developer proposals side by side using the offer comparison tool rather than judging on a single headline percentage.

The corpus fund: Rs 50,000 per tenement is the legal floor

Here is the one number in Regulation 33(9) that every committee member should know by heart. The promoter or developer of a 33(9) scheme must create a corpus fund of not less than Rs 50,000 per tenement, or such higher amount as the High Power Committee directs. That corpus is not a bonus payout to members. It is earmarked for one job: the maintenance of the rehabilitation buildings for 10 years.

Because the figure is fixed per tenement, you can do the arithmetic for your own cluster in your own meeting, before any developer opens his file.

Worked example — corpus for the same 200-tenement cluster

Four societies pooled: 60 + 50 + 40 + 50 = 200 tenements.

Statutory minimum corpus: 200 × Rs 50,000

Minimum corpus for the cluster = Rs 1,00,00,000 (Rs 1 crore)

Per flat, spread over the 10 years it must cover: Rs 50,000 ÷ 10 = Rs 5,000 a year

= about Rs 417 per flat per month of maintenance cover

Source: DCPR 2034, Regulation 33(9) (Urban Renewal Scheme / Cluster Development Scheme) — minimum corpus per tenement and the 10-year maintenance period.

Now look at what that Rs 417 a month has to stretch over in a brand-new tower: lift maintenance contracts, fire-fighting systems, pumps, common lighting, water, housekeeping and security. Rs 50,000 per tenement is a legal minimum, not a fair settlement. Treat it as your opening position, ask in writing for a corpus that matches the real running cost of the building the developer is proposing, and get the agreed figure written into the Development Agreement — not left as a verbal assurance at a meeting. Note also that the regulation itself lets the High Power Committee direct a higher corpus, so a larger number is entirely within the rules.

The other 33(9) figures and rules that change your deal

What Regulation 33(9) fixesThe figure or rule
Minimum contiguous cluster area4,000 sq m in the Island City; 6,000 sq m in the suburbs and extended suburbs
Access roadD.P. road of at least 18 m, existing or proposed (12 m dead-end road off an 18 m road, by HPC relaxation after a traffic study)
Total permissible FSI for the scheme4.00, or rehabilitation FSI plus incentive FSI, whichever is more — exclusive of fungible compensatory area under Reg 31(3)
Minimum rehabilitation carpet, residential occupantArea actually occupied, but not less than 27.88 sq m (300 sq ft) — the "basic area"
Additional rehabilitation area (Table-A)15% / 20% / 25% / 30% by cluster size, applied on existing carpet capped at 100 sq m
Non-residential occupantExisting area or a maximum of 20.90 sq m, whichever is less
Developer's land control when filingProof of ownership or development rights over at least 70% of the cluster land; the balance within 1 year of the LOI
Corpus fund created by the promoter / developerMinimum Rs 50,000 per tenement, or as directed by the High Power Committee
What that corpus must pay forMaintenance of the rehabilitation buildings for 10 years
Heritage cess, where a heritage structure is part of the scheme5% of ASR on the built-up area of that heritage structure
Religious structures existing before redevelopmentIf rebuilt, may not exceed their area prior to redevelopment
Tenements constructed for slum rehabilitationNon-transferable for 10 years
Transfer of tenements, generallyGoverned by the Maharashtra Rent Control Act until a co-operative housing society is formed, and by the MCS Act after that
Who approves the schemeHigh Power Committee headed by the Municipal Commissioner, with prior sanction of Government
If you are aggrieved by that decisionAppeal as provided under Section 47 of the MR&TP Act, 1966

Source: DCPR 2034, Regulation 33(9) — Urban Renewal Scheme / Cluster Development Scheme.

In plain words. If an old heritage structure is pulled into your cluster, a heritage cess of 5% of the ASR is payable on its built-up area; the ASR rate itself changes from ward to ward, so take the rate for your own ward from the Annual Schedule of Rates and apply 5% to the built-up area of that structure rather than accepting a lump sum quoted to you. Grade-I and Grade-II heritage buildings, and authorised structurally sound retainable buildings, may be included in the cluster but must be kept as they are along with their appurtenant land; that area counts towards the incentive FSI slab but is not itself counted for FSI under the regulation. Where a Grade-I structure is inside the scheme, the High Power Committee must consult the Mumbai Heritage Conservation Committee before approving. If your cluster includes slum land, the tenements built for slum rehabilitation cannot be sold or transferred for 10 years — worth knowing before anyone in the cluster assumes those flats can be traded early. And until your new co-operative housing society is registered, transfers are governed by the Maharashtra Rent Control Act, and by the MCS Act only after registration.

Finally, know who actually decides. A 33(9) scheme is cleared by a High Power Committee headed by the Municipal Commissioner, with prior sanction of Government — not by a ward office alone. That is why cluster approvals take longer than a single-building file. If the decision goes against your society, you are not without a remedy: the decision is appealable in the same manner as provided under Section 47 of the Maharashtra Regional and Town Planning Act, 1966. Put that route in front of your solicitor early rather than after a rejection lands.

Tax points members should know

Under Section 45(5A) of the Income-tax Act, 1961, when an individual or HUF member gives up their old flat under a registered redevelopment or joint-development agreement, the capital-gains tax is charged in the year the project's completion certificate is issued — not on the day the agreement is signed — and the consideration is taken as the stamp-duty value of the member's new share plus any cash received. Separately, if a member buys extra area or a sale flat where the price or stamp-duty value is Rs 50 lakh or more, Section 194-IA requires the buyer to deduct 1% TDS and file Form 26QB within 30 days of the month-end. These are general rules — confirm your own position with a chartered accountant.

Pros and cons for your society

Advantages

  • Better planning and layout: pooled land allows wider access roads, larger open spaces and better-designed towers than a single cramped plot.
  • Higher construction potential: total FSI 4.00, or rehabilitation plus incentive FSI if that is more — and Table-A adds 15% to 30% carpet to every member once the cluster passes 1 hectare.
  • Shared amenities and infrastructure: common gardens, parking and services planned once, for the whole cluster.
  • Stronger bargaining position: a larger, combined project can attract more established, MahaRERA-experienced developers.

Disadvantages and risks

  • Harder consent: you need each society's own 79A resolution and irrevocable registered written consent under Reg 33(9) cl. 4(a) — 51% of each authorised building, or 60% overall of the scheme.
  • A size floor to clear: below 4,000 sq m in the Island City or 6,000 sq m in the suburbs, or without an 18 m access road, the 33(9) route is simply not available.
  • Longer timelines: more owners, staged demolition and phased rehabilitation usually mean the project runs longer.
  • One weak link can stall everyone: a single dissenting society can delay or shrink the scheme.
  • Complex agreements: the DA and every member's PAAA must be registered, and rent, corpus and area terms must be aligned fairly across societies that may have very different existing flat sizes. The Rs 50,000 per tenement corpus is a per-flat floor, so a society of large flats and a society of small flats start from the same statutory minimum — negotiate the gap openly instead of discovering it late.
Two numbers are most often overlooked. The first is the 60% scheme-wide consent under Regulation 33(9) clause 4(a) — societies celebrate passing their own 51% resolution and forget that the scheme still needs irrevocable, registered, written consents. The second is the 9 metre road line: a road measuring exactly 9.00 m is in the higher band and carries permissible FSI 2.00, not the basic 1.00 or 1.33. Any note that says otherwise is quoting the old draft regulation.

What this means for your society

If your building stands in a pocket of similar old buildings — especially cessed or dilapidated ones near reasonably wide roads — a 33(9) cluster scheme may deliver a better result than going alone, but only if the neighbouring societies are genuinely willing partners. A practical way to begin is to confirm your plot's potential and thresholds first, then hold informal talks with adjoining societies before committing to a federation. Keep every step transparent: honour the 1/5th requisition, the 2/3rd quorum and the 51% per-society approval under 79A, collect the registered consents the regulation requires, insist on a video-recorded developer-selection meeting with the Registrar's officer present, and make sure the DA and each PAAA are registered. If any single society is not ready, redeveloping your own building under 33(7) may be the quicker path.

Get these ten numbers on one page before you sign

Take one sheet of paper into your next committee meeting and fill in these ten boxes. If a developer will not give you all ten in writing, you are not ready to sign.

  1. Total contiguous area of the pooled plots, in sq m — it must reach 4,000 sq m in the Island City or 6,000 sq m in the suburbs, or there is no 33(9) scheme to discuss.
  2. Width of the D.P. road the cluster is accessible by — 18 m is the requirement; a 12 m dead-end road off an 18 m road needs an HPC relaxation and a traffic simulation study.
  3. Road width at your own plot's edge, in metres to two decimals — then read your permissible FSI off the table above. Remember 9.00 m is in the 2.00 band, not the basic band.
  4. Net FSI-bearing plot area — gross area minus DP roads, regular-line land, amenity plots and reservations to be surrendered (Reg 30(A)(2)), with the surrendered area separately credited as TDR under Table 12(A) of Reg 32.
  5. Cluster area in hectares — it fixes your Table-A additional carpet (15% / 20% / 25% / 30%, nothing below 1 ha) and the developer's Table-B incentive column.
  6. Your own rehabilitation carpet — existing carpet, floor of 27.88 sq m, plus the Table-A percentage on existing carpet capped at 100 sq m.
  7. Total tenements in the cluster × Rs 50,000 — your statutory minimum corpus. For 200 tenements that is Rs 1 crore, and it must cover 10 years of maintenance. Then note the corpus actually offered per tenement and compare.
  8. Premium FSI cost, at 50% of the ASR land rate for FSI 1 in your ward, for the year the FSI is granted — who is paying it, and is it already netted off your offer.
  9. Heritage cess, if any heritage structure is in the cluster — 5% of ASR on its built-up area.
  10. Consent count — 51% of each society's total roll under 79A, and, under Reg 33(9) cl. 4(a), irrevocable registered written consent of 51% of each authorised building or 60% overall of the scheme.

Where to find the official rule

Regulation 33(9) is part of DCPR 2034, published by the Government of Maharashtra / MCGM, and it applies to Greater Mumbai only — the rest of Maharashtra follows the UDCPR, where these figures do not apply. Every figure on this page is taken from the sanctioned DCPR 2034 text published by MCGM, not from the earlier draft; the draft carried road-width bands of 12.20 m, 18.30 m and 30 m and a 60% premium rate, and material built on it understates a society's entitlement. A 33(9) scheme is sanctioned by the High Power Committee headed by the Municipal Commissioner with prior sanction of Government, and that decision is appealable as provided under Section 47 of the MR&TP Act, 1966. The society-level consent process comes from the Section 79A directive of the Co-operation Department dated 4 July 2019; the scheme-level consent comes from Regulation 33(9) clause 4(a) itself. Developer and project registration is governed by MahaRERA. Read the primary texts on the official MCGM/Government of Maharashtra and MahaRERA portals, and use plot-specific tools rather than a single quoted figure to judge any proposal.

Common questions

What is the difference between DCPR 33(9) and 33(7)?

Regulation 33(7) of DCPR 2034 is used to redevelop a single old or cessed building on its own plot, usually with MHADA: total FSI 3.00 of the gross plot area, or rehabilitation FSI plus 50% incentive (60% across 2 to 5 plots, 70% at six or more), whichever is more. Regulation 33(9) is for cluster or urban-renewal schemes, where several adjoining buildings or societies are combined and rebuilt as one planned scheme: minimum 4,000 sq m in the Island City or 6,000 sq m in the suburbs, an 18 m access road, and total FSI 4.00 or rehabilitation plus incentive FSI, whichever is more. Cluster schemes allow better layouts and add 15% to 30% carpet under Table-A once past 1 hectare, but need registered consent of 51% of each building or 60% of the whole scheme, on top of each society's own 79A resolution.

How many societies are needed for cluster redevelopment?

There is no fixed count of societies; what matters is that the plots are contiguous and the combined scheme meets the conditions in Regulation 33(9). Those are numbers you can check yourself: a minimum contiguous area of 4,000 sq m in the Island City or 6,000 sq m in the suburbs and extended suburbs, bounded by roads, nallas or railway lines, and accessible by a D.P. road at least 18 m wide. So it may take two large societies or seven small ones — add up the plot areas first, then check your potential with the FSI calculator.

What consent percentage is required for cluster redevelopment?

Two separate consents. Under the Section 79A directive dated 4 July 2019, each participating society needs a Special General Body Meeting with a 2/3rd quorum and approval of at least 51% of its total membership. Separately, Regulation 33(9) clause 4(a) requires irrevocable, registered, written consent from the eligible occupiers of all authorised buildings — not less than 51% of each building, or 60% overall of the scheme. That scheme consent is not required only where MHADA or MCGM redevelops its own land directly, without a developer.

Is there a minimum plot area for a 33(9) scheme?

Yes, and DCPR 2034 states it as a figure. A Cluster Development Scheme needs a minimum contiguous area of 4,000 sq m in the Island City and 6,000 sq m in the Mumbai suburbs and extended suburbs, bounded by distinguishing physical boundaries such as roads, nallas or railway lines, and accessible by an existing or proposed D.P. road at least 18 m wide (or a road with a sanctioned regular line under the MMC Act, 1888). The High Power Committee may, after a traffic simulation study, allow access from a dead-end road of at least 12 m originating from an 18 m public road. Below those areas, the 33(9) route is not open to you.

Can one society block the whole cluster?

Effectively, yes. Every society must independently pass its own 51% resolution, so if one society fails to approve, it cannot be forced into the scheme and the cluster may have to shrink or stall. This is why early, transparent talks between neighbouring societies matter before a federation is formed.

How much FSI do we get in cluster redevelopment?

Regulation 33(9) fixes the total permissible FSI for a cluster scheme at 4.00, or rehabilitation FSI plus incentive FSI if that comes to more — whichever is more, exclusive of fungible compensatory area under Regulation 31(3). Underneath sits DCPR 2034 Table 12, which sets each plot's permissible FSI by road width: less than 9 m gives 1.33 (Island City) and 1.00 (suburbs); 9 m and above but under 12.00 m gives 2.00 in both; 12.00 to under 18.00 m gives 2.40 and 2.20; 18.00 to under 27 m gives 2.70 and 2.40; 27 m and above gives 3.00 and 2.50. A road of exactly 9.00 m falls in the higher band and carries 2.00. Use the FSI calculator for a plot-specific estimate and ask any developer to split a quoted FSI into basic, premium, TDR and incentive.

Do existing members pay tax on the new flat they receive?

Under Section 45(5A) of the Income-tax Act, 1961, an individual or HUF member's capital gains from a registered redevelopment are taxed in the year the completion certificate is issued, based on the stamp-duty value of the new share plus any cash. If you buy extra area worth Rs 50 lakh or more, Section 194-IA requires 1% TDS via Form 26QB. Confirm your own position with a chartered accountant.

Is cluster redevelopment better than redeveloping our building alone?

It can be, when neighbouring societies are willing and the pocket suits an urban-renewal scheme, because of better planning, FSI 4.00 and the Table-A carpet addition of 15% to 30% once the cluster passes 1 hectare. But it needs at least 4,000 sq m (Island City) or 6,000 sq m (suburbs), it is harder to organise, it takes longer, and any reluctant society can hold it up. If partners are not ready, redeveloping your own building under 33(7) is often the quicker route.

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