Redevelopment FAQ and Glossary: Key Terms for Mumbai Society Members
Every redevelopment brings a wall of jargon. This grouped glossary explains the FSI, area, money, approval and governance terms Mumbai society members actually need — in plain English, with the exact DCPR 2034 and legal references.
Redevelopment comes with its own vocabulary — FSI, fungible area, deemed conveyance, corpus, PAAA — and most society members meet these words for the first time only when a builder's proposal lands on the table. This page is a plain-English dictionary of the terms you will hear during a Mumbai housing-society redevelopment, grouped by theme so you can find what you need quickly. Where a term has a fixed legal meaning, we give the exact source: a regulation of the Development Control & Promotion Regulations 2034 (DCPR 2034) for Greater Mumbai, or a specific section of the law. Where a number depends on your particular plot, we say so and point you to a calculator instead of quoting one figure.
Use it as a reference: skim to the group you need, read the short definition, and look for the linked tool whenever a term involves your plot's actual numbers.
Most entries below carry the actual DCPR 2034 figure, not just a description of it. Six numbers do most of the work in a redevelopment discussion, so here they are up front. All are from the sanctioned DCPR 2034 published by MCGM, not the draft that many websites still quote.
Regulations & FSI
These terms decide how much can be built on your plot and under which scheme. Almost every one of them points back to a single table in DCPR 2034 — Table 12, which fixes permissible FSI by the width of the road in front of your plot. Find your road width, then read across.
Permissible FSI — Island City (basic FSI 1.33)
| Road width in front of the plot | Basic FSI | + Premium FSI | + TDR | Permissible FSI |
|---|---|---|---|---|
| Less than 9 m | 1.33 | — | — | 1.33 |
| 9 m and above, but less than 12.00 m | 1.33 | 0.50 | 0.17 | 2.00 |
| 12.00 m and above, but less than 18.00 m | 1.33 | 0.62 | 0.45 | 2.40 |
| 18.00 m and above, but less than 27 m | 1.33 | 0.73 | 0.64 | 2.70 |
| 27 m and above | 1.33 | 0.84 | 0.83 | 3.00 |
Source: sanctioned DCPR 2034, Table 12 (residential / commercial), Regulation 30(A).
Permissible FSI — Suburbs and Extended Suburbs (basic FSI 1.00)
| Road width in front of the plot | Basic FSI | + Premium FSI | + TDR | Permissible FSI |
|---|---|---|---|---|
| Less than 9 m | 1.00 | — | — | 1.00 |
| 9 m and above, but less than 12.00 m | 1.00 | 0.50 | 0.50 | 2.00 |
| 12.00 m and above, but less than 18.00 m | 1.00 | 0.50 | 0.70 | 2.20 |
| 18.00 m and above, but less than 27 m | 1.00 | 0.50 | 0.90 | 2.40 |
| 27 m and above | 1.00 | 0.50 | 1.00 | 2.50 |
Source: sanctioned DCPR 2034, Table 12, Regulation 30(A). DCPR 2034 covers Greater Mumbai (MCGM) only; the rest of Maharashtra follows UDCPR, where the figures differ.
In plain words: a plot in the Island City on a road of 12.00 m and above but less than 18.00 m can reach 2.40 FSI — 1.33 basic, 0.62 bought as premium, and 0.45 loaded as TDR. The same plot in the suburbs reaches 2.20, because suburban basic FSI is 1.00 instead of 1.33. Road width, in other words, is usually worth more to a society than anything said in a developer's presentation.
Many websites, tender documents and older presentations still quote road bands of 12.20 m, 18.30 m and 30 m. Those come from the draft DCPR — they are metric conversions of 40 ft, 60 ft and 100 ft — and on sanction they were replaced by the round figures 12.00 m, 18.00 m and 27 m. Using the draft bands understates what your plot can build. If a feasibility report shows 12.20 or 18.30, it was written from the draft.
Industrial-zone plots start at 1.00 in both the Island City and the suburbs, and can be taken up to 2.00 using TDR. Two pockets are deliberately lower: 0.75 in the area of M Ward earmarked for BARC, and 0.50 in the villages of Akse and Marve and the CRZ-affected areas of Erangal in P/North Ward, excepting the gaothan proper.
FSI is not calculated on your raw plot area. Regulation 30(A)(2) says permissible FSI is worked out on the plot area excluding land under DP roads, roads for which a sanctioned Regular Line is prescribed under the MMC Act, land under Regulation 16, amenity plots under Regulation 14, and any DP reservation to be surrendered to MCGM under Regulation 17. So if a 1,000 sq m plot loses 150 sq m to a DP road, the FSI multiplies 850 sq m, not 1,000. Ask for that net figure in writing before you accept a developer's buildable-area number. The land you surrender is not lost value: TDR for it is available under Regulation 32, Table 12(A), and can be loaded back on the balance plot. And if planning constraints stop the owner from using even the basic FSI, the unused built-up area is available as TDR.
Worked example — how much can actually be built
A 1,000 sq m society plot in the suburbs, on a 15 m road (the 12.00–18.00 m band).
Basic FSI 1.00 → 1,000 × 1.00 = 1,000 sq m
Premium FSI 0.50 → 1,000 × 0.50 = 500 sq m
TDR 0.70 → 1,000 × 0.70 = 700 sq m
Permissible FSI 2.20 → 2,200 sq m of built-up area
Now keep the same 1,000 sq m plot and change only the road in front of it. This is the whole ladder, in square metres of built-up area:
| Road width | Permissible FSI (suburbs) | Buildable BUA on 1,000 sq m |
|---|---|---|
| 8.5 m — less than 9 m | 1.00 | 1,000 sq m |
| 9.00 m exactly | 2.00 | 2,000 sq m |
| 15 m | 2.20 | 2,200 sq m |
| 18.00 m | 2.40 | 2,400 sq m |
| 27 m and above | 2.50 | 2,500 sq m |
Two boundaries are worth staring at. Half a metre of road width between 8.5 m and 9.00 m doubles the buildable area, from 1,000 sq m to 2,000 sq m. And 18.00 m is not the top of a band but the bottom of the next one, so a plot on an exactly 18 m road gets 2.40, not 2.20. Measure the road, do not assume it. Check your own plot on the FSI calculator.
- Development Control & Promotion Regulations 2034 (DCPR 2034) — the rulebook that governs building and redevelopment across Greater Mumbai (MCGM). It contains the official definitions, the permissible FSI, and the special redevelopment schemes. Policy explainers sit in the government policies hub.
- Floor Space Index (FSI) — the ratio of the combined total floor area of all floors of a building to the area of the plot (FSI = total floor area divided by plot area), as defined in DCPR 2034. A higher FSI means more area can be built. In Greater Mumbai the basic FSI is 1.33 in the Island City and 1.00 in the suburbs; after premium FSI and TDR, the permissible figure runs up to 3.00 in the Island City and 2.50 in the suburbs, on the Table 12 bands above. FSI is worked out on the plot area after deducting DP roads, regular-line setbacks, Regulation 14 amenity plots and Regulation 17 reservations to be surrendered (Regulation 30(A)(2)). Fix your plot's exact figure with the FSI calculator.
- Admissible (basic) FSI — the base amount of construction allowed on a plot before any premium, TDR or incentive is added. It is 1.33 in the Island City and 1.00 in the suburbs and extended suburbs, and 1.00 on industrial-zone plots. The low exceptions are 0.75 (the area of M Ward earmarked for BARC) and 0.50 (the villages of Akse and Marve and the CRZ-affected areas of Erangal in P/North Ward, excepting the gaothan proper). A plot only stays at basic FSI if its road is less than 9 m wide.
- Fungible Compensatory Area — the official term for "fungible FSI": built-up area permitted over and above the admissible FSI by special permission of the Municipal Commissioner under DCPR 2034 Regulation 31(3). See how it adds to your flat with the additional area calculator.
- Premium FSI — additional FSI a developer buys from the authority on payment of a premium. Under DCPR 2034 Regulation 30(A)(6) the premium is charged at 50% of the land rate in the Annual Schedule of Rates (ASR) for FSI 1, for the year in which the FSI is granted. The draft regulation said 60%; that version was not sanctioned, so a proposal costed at 60% overstates this head by a fifth. How much premium FSI is available depends on road width: in the Island City it is 0.50, 0.62, 0.73 or 0.84, and in the suburbs a flat 0.50 on any road of 9 m or more. The ASR land rate itself is locality-specific, so the rupee amount must be taken from the ASR for your ward — no single figure applies across Mumbai.
- Transferable Development Rights (TDR) — development rights that can be moved from one plot to another, dealt with under DCPR 2034 Regulation 32 (Regulation 34 is land-use zoning, not TDR — the two are often confused). TDR lets a builder add area without buying more land. The TDR component in Table 12 runs from 0.17 to 0.83 in the Island City and from 0.50 to 1.00 in the suburbs, again by road-width band; an industrial plot can go from 1.00 up to 2.00 on TDR. TDR against land you surrender for a DP road or reservation comes from Regulation 32, Table 12(A).
- Incentive FSI — extra FSI a scheme grants a developer as an incentive for rehousing existing occupants. In a MHADA-scheme redevelopment it is 40% to 70% of the admissible rehabilitation area, set by the land-rate-to-construction-rate ratio in Table B below.
- Regulation 33(7), 33(7)(A) and 33(7)(B) — the DCPR 2034 incentive regulations for redeveloping old and cessed buildings. Regulation 33(7) covers cessed buildings in the Island City existing before 30 September 1969 that attract the MHAD Act 1976, and MCGM buildings of the same vintage. It carries hard numbers a society can hold a builder to: total FSI of 3.00 on the gross plot area, or rehabilitation FSI plus incentive FSI, whichever is more; each occupant gets back the carpet area actually occupied, subject to a floor of 27.88 sq m (300 sq ft) and a ceiling of 120 sq m (1,292 sq ft), with anything above 120 sq m paid for by the occupant at that year's ASR cost of construction; and the scheme needs the irrevocable written consent of not less than 51% of occupiers, with the eligibility list and the consents certified by the Mumbai Repairs and Reconstruction Board (MBRRB). The incentive table is just below.
- Regulation 33(9) — Cluster redevelopment — the DCPR 2034 scheme for redeveloping a whole cluster of buildings together rather than one at a time. It carries the one corpus figure the regulation actually names: a minimum of Rs 50,000 per tenement, created by the developer and meant to maintain the rehabilitation buildings for 10 years. Where a heritage structure forms part of the scheme, a heritage cess of 5% of ASR applies on its built-up area. Schemes are cleared by a High Power Committee headed by the Municipal Commissioner, with prior sanction of Government, and its decision is appealable as under Section 47 of the MR&TP Act 1966.
- Cluster — any defined area with proper access comprising dwelling units, buildings, chawls and the like, as defined in DCPR 2034. It is the basis of cluster redevelopment under Regulation 33(9).
- Regulation 33(10) — Slum rehabilitation (SRA) — the DCPR 2034 regulation under which ordinary slum rehabilitation schemes are carried out. An eligible hutment dweller is given, free of cost, a residential tenement of 27.88 sq m (300 sq ft) carpet, including balcony, bath and water closet but excluding common areas. A dweller whose existing structure is larger than 27.88 sq m is still eligible only for 27.88 sq m (clause 1.2). The tenement is held jointly with the spouse, and cannot be transferred for 10 years. The developer must also deposit Rs 40,000 per tenement with the SRA (clause 9.1). Note the regulation number: 33(14) is not slum rehabilitation — it deals with shifting cattle sheds outside Greater Mumbai, and an offer or feasibility note citing 33(14) for a slum scheme has the wrong regulation.
- Regulation 33(9)(B) — the BDD chawl clusters — the separate scheme for reconstruction of the BDD chawls at Naigaon, Worli and N. M. Joshi Marg. Here a certified residential tenant or occupant gets a consolidated 46.45 sq m carpet tenement, and an eligible slum dweller within the cluster gets 25 sq m (269 sq ft). That 269 sq ft figure is still live law — but only for these cluster schemes. Do not carry it across to an ordinary SRA scheme under Regulation 33(10), where the figure is 300 sq ft.
- Rehabilitation area — the area given back to existing members in a redevelopment scheme. Under DCPR 2034 schemes 33(5), 33(7), 33(7)(A), 33(9), 33(9)(A), 33(10) and 33(10)(A), this carpet area is the net usable floor area excluding walls and areas exempted from FSI. In a MHADA-scheme redevelopment the entitlement is fixed by the regulation: your existing carpet plus 35%, subject to a minimum of 35 sq m, plus a further 15% to 45% depending on the size of the plot — the tables are just below.
- Amenity Space — a statutory space in a layout or plot reserved for public amenities such as recreational open spaces, markets, welfare centres, schools, dispensaries and fire stations, as defined in DCPR 2034.
- Building line — the line up to which a building's plinth may extend, as defined in DCPR 2034.
- MHADA Act 1976 — the Maharashtra Housing and Area Development Act, the law behind MHADA layouts and many old-building redevelopments.
Cessed-building incentive under Regulation 33(7) — set by the number of plots
This is the one lever a cessed society genuinely controls. The incentive FSI a developer earns, and the extra carpet each member gets, are fixed by how many plots go into the scheme — nothing else. Not the land rate, not the ward.
| Scheme | Incentive FSI | Extra rehab carpet for each occupier |
|---|---|---|
| Single cessed plot — clause 5(a) | 50% | +5% |
| Composite scheme, 2 to 5 plots — clause 5(b) | 60% | +8% |
| Composite scheme, six or more plots — proviso to 5(b) | 70% | +15% |
Source: sanctioned DCPR 2034, Regulation 33(7) clause 5. The 70% tier also applies to redevelopment of municipal properties with an eligible tenement density above 650 per hectare. For MCGM buildings, surplus built-up area is shared MCGM : society in the ratio 1 : 0.5.
Worked example — why joining neighbours pays
A cessed occupant in the Island City with 34 sq m of existing carpet.
Alone, single plot: 34 sq m, with no additional carpet, developer incentive 50%
Joined with 3 neighbouring plots (4 in all): 34 + 8% = 34 + 2.72 = 36.72 sq m, incentive 60%
Joined into a six-plot scheme: 34 + 15% = 34 + 5.10 = 39.10 sq m, incentive 70%
That is 3.40 sq m — about 37 sq ft — of extra carpet per member, gained only by bringing five neighbouring cessed plots into one scheme. The floor still applies: an occupant with less than 27.88 sq m is lifted to 27.88 sq m (300 sq ft) first, and no occupant is given more than 120 sq m free.
What an existing member gets back — MHADA scheme rehabilitation area
For the redevelopment of a building in an existing MHADA housing scheme, DCPR 2034 fixes what an existing residential tenement is entitled to. It is two amounts added together.
Part one — basic entitlement. Your existing carpet area plus 35%, subject to a minimum carpet area of 35 sq m. So a 22 sq m flat does not get 29.7 sq m; the 35 sq m floor applies.
Part two — extra area by the size of the plot. The bigger the MHADA plot being redeveloped, the more extra carpet is added on top of part one.
| Area of the plot under redevelopment | Extra carpet area (percentage of your existing carpet) |
|---|---|
| Above 4,000 sq m up to 2 hectares | 15% |
| Above 2 hectares up to 5 hectares | 25% |
| Above 5 hectares up to 10 hectares | 35% |
| Above 10 hectares | 45% |
Source: DCPR 2034, Table-A (MHADA scheme rehabilitation). "Plot under redevelopment" means the land demarcated by MHADA.
Worked example — rehabilitation entitlement
A 40 sq m carpet flat in a MHADA building on a 3-hectare plot.
Basic entitlement: 40 + 35% = 54 sq m
Table-A band (above 2 ha up to 5 ha): 25% of 40 = 10 sq m
Rehabilitation entitlement = 64 sq m carpet
The total is capped: it cannot exceed the maximum carpet area the Government prescribes for the MIG category, as applicable on the date of approval.
A non-residential or amenity unit inside the same residential housing scheme gets its existing carpet area plus 20%, not 35%.
Incentive FSI in a MHADA scheme — Table B
Incentive FSI is the extra FSI a developer earns for rehousing you. It is worked out as a percentage of the admissible rehabilitation area, and that percentage comes from one ratio: the land rate divided by the rate of construction, both taken from the ASR for the year the project is approved by the Competent Authority.
| Basic Ratio (land rate ÷ rate of construction) | Incentive, as % of admissible rehabilitation area |
|---|---|
| Above 6.00 | 40% |
| Above 4.00 and up to 6.00 | 50% |
| Above 2.00 and up to 4.00 | 60% |
| Up to 2.00 | 70% |
Source: DCPR 2034, Table B (incentive FSI, MHADA schemes).
Read the table the right way round: a lower ratio gives a higher incentive. Where land is cheap compared with the cost of building, the developer gets up to 70%, because the project needs more to be viable. Where land is expensive — a ratio above 6.00 — the incentive drops to 40%. Where more than one land rate applies to parts of the plot, a weighted average is used. Both rates come from the ASR for your locality, so check the ASR for your ward rather than assuming a band. Incentive FSI is also subject to FSI actually being available on the plot, and to its distribution by MHADA. Whatever FSI is left after rehabilitation and incentive is shared between the society and MHADA under Table C, and MHADA's share is handed over free of cost.
Area terms
These are the words that describe the space in your flat and building. The single most important one to compare between offers is carpet area.
- Carpet area — the net usable floor area of a unit. DCPR 2034 says it carries the same meaning as under the Real Estate (Regulation and Development) Act, 2016 (RERA). Under RERA Section 2(k) carpet area excludes the external walls, the service shafts, an exclusive balcony or verandah and an exclusive open terrace — but it includes the internal partition walls. That inclusion is often quietly dropped in offers, and dropping it understates what you are owed. Separately, individual rehabilitation regulations such as 33(7) and 33(10) define rehabilitation carpet area as excluding the area under walls, so check which definition the agreement is using. This is the number that matters most when comparing a builder's offer.
- Built-up area — the area covered by a building on all floors, including any cantilevered portion but excluding cladding and areas specifically exempted from FSI computation, as defined in DCPR 2034. It is larger than carpet area.
- Tenement — an independent dwelling unit with a kitchen or a cooking alcove, as defined in DCPR 2034. In plain terms, one self-contained flat. The word matters because entitlements are counted per tenement: 27.88 sq m (300 sq ft) carpet free of cost for an eligible slum dweller under Regulation 33(10) and a minimum of the same 27.88 sq m for a cessed occupant under Regulation 33(7); 25 sq m (269 sq ft) for an eligible slum dweller inside a Regulation 33(9)(B) BDD chawl cluster; a minimum corpus of Rs 50,000 per tenement in a Regulation 33(9) cluster scheme; and Rs 40,000 per tenement payable to the SRA in a Regulation 33(10) slum scheme.
- Habitable room — a room designed for human habitation (including a kitchen used as a living room), but excluding bathroom, water-closet, laundry, pantry, corridor, cellar, attic, store-room and pooja room, as defined in DCPR 2034.
- Loft — an intermediate space between two floors, of maximum height 1.50 m, without permanent access, as defined in DCPR 2034.
- Plinth — the portion of a structure between the surrounding ground level and the floor immediately above it, as defined in DCPR 2034.
- Chajja — a structural overhang over openings on external walls for weather protection, as defined in DCPR 2034.
- Chowk — a space permanently open to the sky within a building, as defined in DCPR 2034.
- Balcony — a horizontal projection serving as a passage or sitting-out place, as defined in DCPR 2034.
- Basement / cellar — the lower storey of a building below or partly below ground level, as defined in DCPR 2034.
- Setback / marginal open space — the open distance left between a building and the plot boundary. It is governed by the regulations for your plot; described generally here.
- Affordable Housing — housing for the economically weaker section (EWS), lower income group (LIG) and middle income group (MIG), including rental housing, as defined in DCPR 2034.
Approvals & certificates
These are the permissions a project must collect on its way from paper to a flat you can move into.
- Intimation of Disapproval (IOD) — the first main building permission from MCGM, which, despite its name, lists the conditions to satisfy before construction. Described generally here.
- Commencement Certificate (CC) — the permission that lets construction actually begin once IOD conditions are met.
- Plinth Checking Certificate — MCGM's verification that construction up to plinth level matches the sanctioned plan. Described generally here.
- Occupancy Certificate (OC) — the certificate confirming a completed building is fit to occupy; without it, your new flat is not legally ready.
- Completion certificate — the certificate marking a project's completion. Note that redevelopment capital gains under Income-tax Act Section 45(5A) are taxed in the year it is issued.
- RERA registration — under RERA 2016 Section 3, a project must be registered with MahaRERA before it is marketed or sold. Section 3(2) exempts very small projects (land up to 500 sq m or up to 8 apartments).
- Consent for plan changes — under RERA 2016 Section 14, a promoter needs the written consent of two-thirds of allottees to alter sanctioned plans.
- Five-year defect liability — under RERA 2016 Section 14(3), the developer must fix structural and other defects notified within five years of handover, at no charge to you.
- Deemed conveyance — when a builder does not transfer land title to the society, members can obtain title through deemed conveyance under MOFA 1963 Section 11 (and Section 11(3)).
- Conveyance — the legal transfer of the land and building title to the society. Registration of such documents is required under the Registration Act 1908 Section 17.
Money terms
These decide what you receive, what is protected, and what tax applies. When comparing proposals, look at these numbers together, not one at a time.
- Corpus — a lump-sum amount the developer pays the society or members as compensation, usually for hardship and future maintenance. In most schemes it is negotiated, not fixed by rule. DCPR 2034 puts two figures on paper, and they belong to different schemes — quote the right one. In a cluster redevelopment under Regulation 33(9), clause 17 sets a corpus of a minimum of Rs 50,000 per tenement (or as directed by the High Power Committee), to be used for maintaining the rehabilitation buildings for 10 years. In a slum rehabilitation scheme under Regulation 33(10), clause 9.1 requires Rs 40,000 per tenement (or as the Planning Authority decides) to be deposited with the SRA. Neither is a universal minimum for an ordinary society redevelopment, where the corpus is negotiated. Treat the applicable figure as a floor to argue from, not a target. Compare offers side by side with the offer comparison tool.
- Displacement rent — the monthly rent the developer pays members to live elsewhere while the building is under construction. Check what is fair with the rent comparison tool.
- Hardship compensation — an amount some developers pay members for the inconvenience of shifting out and back. Described generally here.
- 70% escrow — under RERA 2016 Section 4(2)(l)(D), the promoter must deposit 70% of the amounts collected for a project into a separate bank account, used only for that project's construction and land cost.
- Bank guarantee — security the developer provides so the society is protected if the project stalls. The MCS Act Section 79A directive of 4 July 2019 requires a 20% bank guarantee.
- Service charges — the society's running costs shared by members. They are the base on which non-occupancy charges are capped.
- Non-occupancy charges — extra society charges when a flat is rented out rather than self-occupied. These are capped at 10% of service charges by the Government Resolution dated 1 August 2001.
- TDS on property (Section 194-IA) — the buyer must deduct 1% tax at source on a property purchase of Rs 50 lakh or more, under Income-tax Act Section 194-IA.
- Capital gains on redevelopment (Section 45(5A)) — for individual and HUF members, capital gains on giving up the old flat for redevelopment are taxed in the year the completion certificate is issued, under Income-tax Act Section 45(5A).
- Delay compensation (Section 18) — under RERA 2016 Section 18, if the developer fails to hand over on time, allottees can claim a refund with interest, or interest for each month of delay.
- Premium — the amount paid to the planning authority to unlock premium FSI, charged at 50% of the ASR land rate for FSI 1 under DCPR 2034 Regulation 30(A)(6), taken for the year in which the FSI is granted. If a costing sheet shows 60%, it is using the unsanctioned draft rate and inflating this head by a fifth — ask for it to be reworked. The ASR rate differs from locality to locality, so the rupee amount is plot-specific: take it from the ASR for your ward.
- Heritage cess — where a heritage structure forms part of a cluster redevelopment under Regulation 33(9), a cess of 5% of ASR is payable on the built-up area of that structure.
- Stamp duty and registration fee — government charges on registering agreements and conveyance documents. Rates change, so confirm the current figure before signing.
The money figures that are fixed by rule
Most of what a developer offers is negotiable. These are not. Each one comes from a regulation, a directive or a statute, so you can hold the other side to the number.
| Money item | Figure fixed by rule | Where it comes from |
|---|---|---|
| Corpus in a cluster scheme | Minimum Rs 50,000 per tenement, for 10 years' maintenance | DCPR 2034 Regulation 33(9), clause 17 |
| Amount payable per tenement in a slum scheme | Rs 40,000 per tenement, deposited with the SRA | DCPR 2034 Regulation 33(10), clause 9.1 |
| Premium for premium FSI | 50% of the ASR land rate for FSI 1, for the year of grant | DCPR 2034 Regulation 30(A)(6) |
| Rehabilitation carpet floor, cessed building | 27.88 sq m (300 sq ft) minimum, 120 sq m (1,292 sq ft) ceiling free of cost | DCPR 2034 Regulation 33(7), clause 2 |
| Free tenement for an eligible slum dweller | 27.88 sq m (300 sq ft) carpet, free of cost | DCPR 2034 Regulation 33(10) |
| Heritage cess | 5% of ASR on the built-up area of a heritage structure | DCPR 2034 Regulation 33(9) |
| Bank guarantee from the developer | 20% | MCS Act Section 79A directive, 4 July 2019 |
| Project money kept in escrow | 70% of the amounts collected | RERA 2016 Section 4(2)(l)(D) |
| Non-occupancy charges | Capped at 10% of service charges | Government Resolution, 1 August 2001 |
| TDS on a property purchase | 1% where the price is Rs 50 lakh or more | Income-tax Act Section 194-IA |
Sources: DCPR 2034 (Greater Mumbai / MCGM); MCS Act 1960 Section 79A directive dated 4 July 2019; RERA 2016; Government Resolution dated 1 August 2001; Income-tax Act 1961.
Worked example — the corpus floor in a cluster scheme
A society of 60 flats going into a Regulation 33(9) cluster redevelopment.
Minimum corpus: 60 tenements × Rs 50,000 = Rs 30,00,000
Rs 30 lakh is the floor, not the offer
The High Power Committee can direct a higher amount, and a society is free to negotiate above it. But if a corpus offer in a 33(9) scheme works out to less than Rs 50,000 a flat, it falls short of the regulation.
People & documents
The individuals and papers involved in a redevelopment, and what each is responsible for.
- Architect — a person registered under the Architects Act, 1972, as defined in DCPR 2034. The architect prepares and certifies the building plans.
- Developer / Promoter — the builder undertaking the redevelopment. The Section 79A directive requires the developer to be MahaRERA-registered.
- Allottee — under RERA, the person to whom a flat is allotted or sold. RERA rights, such as the Section 18 refund, apply to allottees.
- Development Agreement (DA) — the master contract between the society and the developer. Under the 79A directive it must be registered.
- Permanent Alternate Accommodation Agreement (PAAA) — the individual agreement between each member and the developer recording the new flat and its terms. The 79A directive requires it to be registered.
- Project Management Consultant (PMC) — an independent professional the society appoints to guide the tender, evaluate proposals and oversee the developer.
- Structural engineer — the professional who certifies the building's structural design and, for old buildings, its condition. Described generally here.
- Society advocate / solicitor — the lawyer who vets the DA and PAAA on the society's behalf before members sign.
- Managing Committee — the elected office-bearers who run the society. Under the 79A directive, a committee member cannot also be the developer.
- Conveyance deed — the registered document that actually transfers title to the society.
- Tender / RFP — the formal request the society issues inviting developers to bid. Described generally here.
Governance & member rights
These terms cover how a redevelopment is decided, how disputes are handled, and the laws that protect members from wrongdoing.
- Maharashtra Co-operative Societies Act 1960 (MCS Act) — the law governing housing societies in Maharashtra, including redevelopment procedure and disputes.
- Section 79A directive (4 July 2019) — the state directive that lays down the redevelopment procedure: a one-fifth member requisition to start, a two-thirds quorum at the Special General Body Meeting, 51% approval, a 20% bank guarantee, a 2-year completion timeline, a MahaRERA-registered developer, a registered DA and PAAA, and no committee member acting as the developer. Read more in the government policies hub.
- Requisition (one-fifth) — the redevelopment process starts when at least one-fifth of members formally requisition a meeting, per the 79A directive.
- Special General Body Meeting (SGBM) — the members' meeting that decides redevelopment. The 79A directive requires a two-thirds quorum and at least 51% approval.
- Member consent — redevelopment cannot proceed without the required majority; the 79A directive fixes the requisition, quorum and approval thresholds.
- Two-year completion timeline — the 79A directive sets an expected completion period; delays beyond agreed timelines can also trigger RERA remedies.
- Registrar / Deputy Registrar of Co-operative Societies — the government officer who supervises societies and can appoint an officer to oversee redevelopment meetings.
- Authorised Officer — the officer who may attend and oversee the redevelopment SGBM under the 79A framework. Described generally here.
- Section 91 (disputes) — disputes in a co-operative society can be referred under MCS Act 1960 Section 91. See how such matters have been decided in the judgments hub.
- Cheating (BNS Section 318) — dishonestly deceiving someone into delivering property is cheating under the Bharatiya Nyaya Sanhita 2023 Section 318 — a common charge in redevelopment fraud. See real cases in the frauds and scams hub.
- Criminal breach of trust (BNS Section 316) — dishonestly misusing property entrusted to someone is criminal breach of trust under BNS 2023 Section 316.
- Self-redevelopment — where the society redevelops on its own, with loans and a PMC or contractor, instead of handing the project to a developer.
Key laws & rules at a glance
A quick recap of the main legal references used above.
| Law / rule | What it covers |
|---|---|
| DCPR 2034 Regulation 30(A), Table 12 | Permissible FSI by road width — 1.33 to 3.00 (Island City), 1.00 to 2.50 (suburbs); bands at 9 m, 12.00 m, 18.00 m and 27 m, with a 9.00 m road already in the 2.00 band; FSI computed on plot area excluding surrendered DP roads, regular-line setbacks, amenity plots and reservations; premium charged at 50% of the ASR land rate for FSI 1 |
| DCPR 2034 Table-A, Table B and Table C | MHADA rehabilitation entitlement (existing carpet + 35%, minimum 35 sq m, plus 15%–45% by plot size); incentive FSI of 40%–70%; sharing of balance FSI with MHADA |
| DCPR 2034 Regulation 31(3) | Fungible compensatory area (extra built-up area over admissible FSI) |
| DCPR 2034 Regulation 32 (with Table 12(A)) | Transferable Development Rights (TDR), including TDR for surrendered land. Regulation 34 is land-use zoning, not TDR |
| DCPR 2034 Regulation 33(7) family | Cessed and old-building redevelopment — FSI 3.00 or rehab plus incentive, whichever is more; rehab carpet floor 27.88 sq m and ceiling 120 sq m; 51% occupier consent; incentive 50% / 60% / 70% with +5% / +8% / +15% extra carpet by number of plots |
| DCPR 2034 Regulation 33(9) | Cluster redevelopment; minimum corpus of Rs 50,000 per tenement for 10 years' maintenance; heritage cess of 5% of ASR |
| DCPR 2034 Regulation 33(9)(B) | BDD chawl clusters at Naigaon, Worli and N. M. Joshi Marg — 46.45 sq m for a certified occupant, 25 sq m (269 sq ft) for an eligible slum dweller |
| DCPR 2034 Regulation 33(10) | Slum rehabilitation (SRA) — free tenement of 27.88 sq m (300 sq ft) carpet, non-transferable for 10 years; Rs 40,000 per tenement payable to the SRA |
| MCS Act 1960 Section 79A (directive 4 July 2019) | Redevelopment procedure: requisition, quorum, 51% approval, 20% bank guarantee, registered DA and PAAA |
| MCS Act 1960 Section 91 | Co-operative society disputes |
| MR&TP Act 1966 Section 47 | Appeal against a High Power Committee decision in a cluster scheme |
| MOFA 1963 Section 11 / 11(3) | Conveyance and deemed conveyance |
| RERA 2016 Sections 3, 4(2)(l)(D), 14, 14(3), 18 | Registration, 70% escrow, plan-change consent, 5-year defects, delay refund |
| Income-tax Act Sections 194-IA & 45(5A) | 1% TDS on Rs 50 lakh-plus deals; redevelopment capital-gains timing |
| GR dated 1 August 2001 | Non-occupancy charges capped at 10% of service charges |
| BNS 2023 Sections 318 & 316 | Cheating; criminal breach of trust |
Related guides & tools
- FSI calculator — find your plot's buildable area.
- Additional area calculator — see how fungible and incentive area add up.
- Offer comparison tool — compare developers' carpet area and corpus.
- Rent comparison tool — check fair displacement rent.
- Redevelopment guides — step-by-step explainers for each stage.
- Government policies — DCPR 2034, the 79A directive and key GRs.
- Judgments — how redevelopment disputes have been decided.
- Frauds & scams — real cases to learn from.
- Register your society — get guidance tailored to your building.
Common questions
What is FSI in simple words?
FSI (Floor Space Index) is the total floor area of all floors of a building divided by the plot area, as defined in DCPR 2034. A higher FSI means more construction is allowed. The range is fixed and knowable: DCPR 2034 Table 12 sets permissible FSI from 1.33 to 3.00 in the Island City and from 1.00 to 2.50 in the suburbs, decided mainly by the width of the road in front of your plot. The bands change at 9 m, 12.00 m, 18.00 m and 27 m. Use the FSI calculator to fix your own plot's figure.
Does a 9 metre road give my society more FSI?
Yes. The sanctioned DCPR 2034 Table 12 reads "less than 9 m" for the basic band and "9 m & above but less than 12.00 m" for the next one. So a road of exactly 9.00 m falls in the higher band and carries permissible FSI 2.00 — in both the Island City and the suburbs. Only a road narrower than 9 m is capped at basic FSI, which is 1.33 in the Island City and 1.00 in the suburbs. Note 1 to Table 12 adds that a road of at least 6 m but less than 9 m which is proposed to be widened to 9.0 m or more is treated as a 9 m road for FSI. Many older sources still quote draft bands of 12.20 m, 18.30 m and 30 m; those were replaced on sanction by 12.00 m, 18.00 m and 27 m.
How much does premium FSI cost?
Premium FSI is charged at 50% of the land rate in the Annual Schedule of Rates (ASR) for FSI 1, for the year in which the FSI is granted, under DCPR 2034 Regulation 30(A)(6). The widely quoted 60% figure comes from the draft regulation and was not sanctioned, so it overstates the premium by a fifth. The ASR land rate is locality-specific, so the rupee amount must be taken from the ASR for your ward.
What is the difference between carpet area and built-up area?
Carpet area is the net usable floor area of your flat, and DCPR 2034 says it carries the same meaning as under RERA 2016. Under RERA Section 2(k) it excludes the external walls, service shafts, an exclusive balcony or verandah and an exclusive open terrace, but it includes the internal partition walls. Built-up area is larger because it includes the area covered by the building on all floors, including cantilevered portions, but excludes cladding and exempted areas. Always compare offers on carpet area, and check whether the agreement is using RERA carpet or a scheme's rehabilitation carpet, which several rehabilitation regulations define as excluding walls.
What is fungible FSI or fungible compensatory area?
Fungible Compensatory Area is the official DCPR 2034 term for fungible FSI. It is built-up area permitted over and above the admissible FSI by special permission of the Municipal Commissioner under DCPR 2034 Regulation 31(3). You can see how it adds to your flat using the additional area calculator.
What is a PAAA and why does it matter?
A Permanent Alternate Accommodation Agreement (PAAA) is the individual agreement between each member and the developer that records your new flat and its terms. Under the Section 79A directive of 4 July 2019, it must be registered. It is the document that protects your personal entitlement, so have it checked by your advocate before signing.
How many members must agree for redevelopment to go ahead?
Under the Maharashtra Co-operative Societies Act Section 79A directive of 4 July 2019, the process starts with a requisition by one-fifth of members, the Special General Body Meeting needs a two-thirds quorum, and at least 51% approval is required. The same directive requires a 20% bank guarantee and a registered DA and PAAA.
What is deemed conveyance?
Deemed conveyance is a way for a society to get legal title to its land and building when the builder has not transferred it. It is provided under MOFA 1963 Section 11, including Section 11(3). Getting conveyance is important because it establishes the society's ownership of the plot.
Does a redevelopment project need RERA registration?
Yes. Under RERA 2016 Section 3, a project must be registered with MahaRERA before it is marketed or sold. Section 3(2) exempts only very small projects where the land does not exceed 500 sq m or there are not more than 8 apartments.
When is capital gains tax paid in a redevelopment?
For individual and HUF members, capital gains on giving up the old flat for redevelopment are taxed in the year the completion certificate is issued, under Income-tax Act Section 45(5A). Separately, a buyer must deduct 1% TDS on any property purchase of Rs 50 lakh or more under Section 194-IA.
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