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

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 taller towers, and the extra construction potential (incentive FSI) is usually higher than any one building would get alone. In return, the law asks for a higher level of agreement: every society must pass its own resolution, and a fixed share of all the members across the whole cluster must also say yes. This guide explains, in plain language, when 33(9) applies, the plot and road conditions, the exact consent your federation needs under the Section 79A directive, the money and tax angles, and the real pros and cons for your society.

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. Cessed and old buildings in the island city are usually redeveloped under Regulation 33(7) (and its sub-clauses 33(7)(A) and 33(7)(B)), often in partnership with MHADA and the Mumbai Building Repair & Reconstruction Board (MBRRB). Slum plots use Regulation 33(14) through the SRA. 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.

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.

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 threshold conditions — the most important being a minimum contiguous scheme area and a requirement that the cluster front (abut) roads of a prescribed minimum width, so that the renewed neighbourhood has adequate access. Schemes are also expected to include a proper mix of rehabilitation (new homes for existing occupants) and public amenities, and in the island city they typically fold in old or cessed and dilapidated structures.

The exact minimum area and road-width numbers, and how they apply to a particular pocket, are specified in Regulation 33(9) and are read together with the road-width-based FSI table and fungible compensatory FSI provisions of DCPR 2034. Because these thresholds change with location and are genuinely plot-specific, do not rely on a figure quoted casually by a developer. Confirm the applicable thresholds for your cluster with the planning authority (MCGM) and estimate your buildable potential with our FSI calculator before signing anything.

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). The consent rules come from the State's directive under Section 79A of the Maharashtra Co-operative Societies (MCS) Act, 1960 — the directive dated 4 July 2019 (No. SGY-2018-PK 85-14-S), which superseded the earlier 3 January 2009 directive and lays down the modern, transparent process for society redevelopment.

Level 1 — inside each society

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

For the cluster/federation route the 79A directive adds an extra bar: alongside the 2/3rd quorum and 51% approval within each society, the scheme also needs the support of not less than 60% of all affiliated members taken together across every society in the cluster. In short, a strong society cannot simply out-vote a reluctant one, and a majority in the biggest building does not by itself carry the cluster.

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.

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. Cluster-wide approval: at least 60% of all 200 affiliated members — that is 120 members across the whole cluster — must be in favour.

Notice how the two levels interact. Suppose Societies A, B and D pass comfortably but Society C only just scrapes past its own 51%. Even then, if the total "yes" count across all four does not reach 120, the cluster does not clear the 60% bar and the scheme cannot proceed as one URS. Each society must succeed and the combined number must reach 60%.

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. Regulation 33(9) generally offers a more generous, scheme-wide incentive than a single plot because the developer is also delivering wider roads, amenities and open spaces. Fungible compensatory FSI and the road-width-based FSI table of DCPR 2034 further shape the final number.

Exactly how much area your members receive is the single most important commercial term, and it is entirely plot-specific — 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.

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: the urban-renewal incentive is generally larger, which can mean bigger flats or better terms for members.
• 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 must clear both the per-society 51% and the cluster-wide 60% bars, which is more difficult to organise.
• 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.

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, the 51% per-society and 60% cluster-wide approvals, 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.

Where to find the official rule

Regulation 33(9) is part of DCPR 2034, published by the Government of Maharashtra / MCGM. The consent thresholds come from the Section 79A directive of the Co-operation Department dated 4 July 2019. 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.