The six DCPR 2034 redevelopment regulations explained
Mumbai has six distinct redevelopment regulations under DCPR 2034. Which one applies depends on your building's age, location, and current authorisation status. The carpet area bonus, FSI multipliers, and developer margins differ significantly across these.
| Reg | Applies to | FSI / Entitlement | Member carpet bonus |
|---|---|---|---|
| 33(7) | Cessed buildings (pre-30/9/1969) in island city under MHADA cess | Max of: 3.0 FSI OR rehab + 50/60/70% incentive (single/2–5/6+ plots) | +5% / +8% / +15% (min 300 sqft, max 1292 sqft) |
| 33(7A) | Dilapidated authorized non-cessed buildings in suburbs (declared unsafe) | Same as 33(7) — rehab + 50/60/70% incentive | +5% / +8% / +15% (min 300 sqft, max 1292 sqft) |
| 33(7B) | Non-cessed buildings 30+ years old in suburbs (not necessarily unsafe) | Rehab + 15% incentive FSI, OR 10 sqm extra per member, whichever is more | +108 sqft per member (10 sqm), capped at permissible FSI |
| 33(9) | Cluster redevelopment of cessed buildings (min 4000 sqm) | Up to 4.0 FSI + cluster premiums + 35% fungible | +15% (composite) min 300 / max 1292 sqft |
| 33(10) | Slum Rehabilitation (SRA) — pre-2011 hutments | FSI tied to land-rate ÷ construction-rate ratio; effectively 2–4 FSI | Min 300 sqft per eligible hutment (no bonus formula) |
| 33(20A) | MHADA society redevelopment (up to 4000 sqm) | Rehab + 15% incentive; Premium Policy applicable up to 4000 sqm | +15% of authorized BUA as incentive (capped at permissible FSI) |
Across all categories, an additional 35% fungible FSI applies on the rehab + incentive area, which goes to the developer as saleable. This is the single biggest driver of developer economics in Mumbai redevelopment.
Why 33(7) cessed buildings are the most negotiable
33(7) cessed buildings get the most generous FSI (3.0 or rehab+50% whichever higher). Combined with island-city market rates (₹40-70K/sqft for new flats), developer margins often exceed 50%. That's why you see aggressive bidding for 33(7) projects — and that's the leverage members have. The calculator's margin output tells you exactly how much cushion the developer has. If it shows 50%+, push for 1.25-1.5x corpus and 5-8% more carpet than the offer.
33(7B) non-cessed projects are the opposite — incentive FSI is only 15% (vs 50% for 33(7)), member carpet bonuses are modest, and suburban market rates (₹18-30K/sqft) are lower. Many 33(7B) projects show negative or single-digit margins on paper. If your project is 33(7B) and the math shows MARGINAL or INVIABLE, the developer will either delay execution, cut quality, or eventually try to renegotiate terms downward.
The four levers society members negotiate on
Once you know the developer's margin from the calculator, focus negotiation on these four levers (in order of impact):
- 1. New carpet area entitlement. Insist on the maximum permissible under your regulation. Get the carpet area explicitly written into the development agreement in sqft (not as a percentage). For 33(7) single-plot, that's existing + 5% bonus, minimum 300 sqft, maximum 1292 sqft. Many developers offer the bare minimum 300 sqft to small-flat owners (under 285 sqft existing) — make sure you get YOUR existing + 5%, not just the floor.
- 2. Corpus fund. Lump-sum cash per member. Typical 33(7) corpus: ₹5-15L per family. If calculator margin shows 40%+, push for the higher end. Corpus is paid in 2-3 tranches — insist on first tranche at vacating (not at IOD), with the rest tied to specific construction milestones.
- 3. Rent during construction. Should match market rent for similar-sized rental in the same neighborhood (not the cheaper one 5km away). Get a bank guarantee from a scheduled bank covering 110% of total rent for the entire construction period. Most disputes happen when developer rent stops paying after 24 months and project is still 12 months from completion.
- 4. Hardship / shifting allowance. One-time ₹50K-2L per family for moving costs. Smaller line item but easy to win in negotiation.
Red flags in a redevelopment proposal
- No bank guarantee for rehab construction. Insist on a 110% bank guarantee from a scheduled commercial bank covering both rehab construction and rent. Without this, if developer goes bankrupt mid-project, members lose everything.
- Vague carpet area definition. "Approximate" carpet area, super built-up references, or absence of explicit sqft is a setup for shortchange. Insist on RERA carpet area as the legal definition.
- No completion deadline penalty. Should be 5-10% of new flat value per year of delay beyond agreed date. Without penalty, projects routinely run 2-4 years late.
- Developer claims sole rights over unsold flats. Standard, but check the price-floor clause — some agreements let developer sell at any price (including below market), affecting future property value of your re-developed flat.
- Mention of FSI "subject to availability" or "post-policy clearance". Means developer hasn't done due diligence on what's actually buildable. Walk away if FSI projections are conditional.
- One-sided arbitration clause. Mumbai-based, single-arbitrator, developer-chosen arbitrator — all bad. Insist on Bombay High Court jurisdiction or 3-member arbitral tribunal.
What this calculator does NOT model
- TDR (Transferable Development Rights) loading. Many redevelopment projects use TDR to push FSI beyond base+incentive. The calc shows the base case; TDR can add 0.5-1.0 FSI beyond what's shown.
- Road-widening setbacks. If plot is affected by DP Road widening, usable plot area drops 10-30%. Critical for plots near arterial roads (Western Express Highway, Eastern Express Highway, S V Road, L B S Marg).
- Height restrictions. Coastal zones (CRZ), airport funnel zones (south Andheri, east Vile Parle, Sahar), heritage precincts (Fort, Colaba, Khotachiwadi) — all cap height, limiting realisable FSI even if computed FSI is higher.
- IOD/OC delays. BMC building permission cycles add 18-30 months to projects. The calc assumes construction starts on day 1.
- Cluster redevelopment premium negotiations. For 33(9) cluster, developer pays cluster premium to MHADA which is highly variable.
- Multiple-developer scenarios. If your society is dealing with 3+ developer bids, JV structures and exit clauses add complexity not captured here.
Frequently asked questions
What is DCPR 2034 Regulation 33(7) and how much extra carpet do members get?
DCPR 2034 Reg 33(7) governs redevelopment of cessed buildings in Mumbai's island city (south of Mahim/Sion) constructed before 30 September 1969 — the ~19,800 cessed buildings under MHADA repair cess. Members get NEW carpet = existing + 5% additional rehab carpet for single-plot, 8% for composite 2-5 plots, 15% for 6+ plots. Minimum 300 sqft (raised from 269), max 1292 sqft (raised from 753). Developer gets max(3.0 FSI, rehab + 50/60/70% incentive). Plus 35% fungible FSI. This is the most lucrative redev category for developers — and consequently the category where members have the most leverage to negotiate.
What's the difference between 33(7), 33(7A), and 33(7B)?
33(7) is for cessed buildings (pre-1969 island city under MHADA cess). 33(7A) is for dilapidated authorized non-cessed buildings in suburbs/extended suburbs declared unsafe by BMC structural cell. Incentive structure is identical to 33(7): rehab + 50/60/70% + 5/8/15% carpet bonus. 33(7B) is for non-cessed buildings 30+ years old in suburbs that are NOT necessarily unsafe — a softer regulation introduced for the first time in DCPR 2034 to incentivize voluntary redev of aging society buildings. Under 33(7B), members get 10 sqm (108 sqft) extra per member OR 15% of authorized BUA as incentive FSI, whichever applies within permissible FSI. Economics are much less generous — many 33(7B) projects are commercially marginal.
How is the developer's margin calculated?
Revenue = saleable carpet × market rate per sqft. Saleable carpet = (total permissible BUA × 0.65 carpet-to-BUA ratio) − rehab carpet given to members. Costs include: construction (₹3000-4000/sqft built-up), premium FSI payable to BMC on saleable component, rent during construction (typically 30-36 months at market rent), corpus payment, GST at 5% on construction, stamp duty on transfer of saleable flats (~40% on developer side), soft costs at 10-15% of revenue (legal, finance, marketing, RERA, brokerage). Margin = (revenue − costs) / revenue. >25% margin = developer has cushion (negotiate more); <5% = developer won't take it on or will cut quality.
What should society members ask for in a proposal?
Four negotiation levers: NEW CARPET (maximum permissible per regulation, written explicitly in sqft), CORPUS FUND (₹5-15L per family for 33(7); ₹2-5L for 33(7B) — calculator margin tells you how high to push), RENT (market rent for similar-sized rental in same neighborhood, with bank guarantee for 110% of total over construction period), HARDSHIP (one-time ₹50K-2L per family for moving). Plus: bank guarantee from scheduled bank for rehab construction, completion deadline with 5-10%/year penalty clause, RERA carpet area definition (not super built-up), no developer profit-sharing of unsold flats, quality inspection rights, Bombay High Court jurisdiction.
What carpet area should a 350 sqft chawl tenant get after 33(7) redevelopment?
Under 33(7) single-plot, 350 sqft existing → 350 + 5% = 367.5 sqft new carpet (minimum 300 sqft floor doesn't apply since 367.5 > 300). For composite 2-5 plots: 350 + 8% = 378 sqft. For cluster 6+ plots under 33(9): 350 + 15% = 402.5 sqft. Maximum cap is 1292 sqft regardless of existing area. Always insist the 300 sqft minimum is separately documented in the development agreement, since some developers attempt to apply percentages to notional smaller areas to undercut the minimum. Tenants with existing carpet below 285 sqft effectively get a free upsize to 300 sqft — one of the largest implicit transfers in Indian redevelopment policy.
Log yeh bhi poochte hain (Hinglish FAQs)
Mumbai mein society redevelopment kaise hota hai?
Mumbai mein society redevelopment 5 main steps mein hota hai: (1) Society meeting + 75% majority resolution for redev (Maharashtra Co-op Societies Act). (2) Structural audit from licensed engineer confirming building age/safety. (3) Developer shortlisting — typically 3-5 bids analysed. (4) Development Agreement (DA) registration — most important document covering new carpet, corpus, rent, completion deadline, penalty clauses. (5) IOD/CC from BMC + members vacate → construction (30-42 months) → OC + flat handover. Total process 5-8 years typically. DCPR 2034 ke under regulation choose hoti hai building type ke basis par — 33(7) cessed island city, 33(7A) suburb dilapidated, 33(7B) suburb 30+yr non-cessed, 33(9) cluster, 33(10) SRA slum, 33(20A) MHADA. Sab regulations alag carpet bonus aur FSI dete hain.
350 sqft ke chawl ka redevelopment mein kitna carpet milega?
33(7) single plot ke under: 350 + 5% = 367.5 sqft new carpet. Composite 2-5 plots: 350 + 8% = 378 sqft. Cluster 33(9) 6+ plots: 350 + 15% = 402.5 sqft. Minimum guarantee 300 sqft hai (matlab 285 sqft se kam wala bhi 300 sqft mil jata hai — free upsize). Maximum cap 1292 sqft. Bilkul important: agreement mein carpet area EXACT sqft mein likhwana hai, "approximate" ya "around 365 sqft" jaise words NAHIN. RERA carpet area ka legal definition use karna hai, super built-up nahin. Aur 300 sqft minimum ki line agreement mein separately likhwani hai — kuch developers percentage calculation se choti area dikha ke minimum se kam dene ki koshish karte hain.
Developer ka offer kaise check karen — fair hai ya nahi?
Iss calculator se developer ka margin nikalo. Agar margin 50%+ aata hai (typical 33(7) island city), developer ka pocket bahut bhara hai — aap 1.25-1.5x corpus aur 5-8% extra carpet maang sakte ho. 25-50% margin mein fair deal hai, basic terms accept karo lekin bank guarantee aur penalty clauses ke liye lado. 15-25% mein marginal — developer execute karega lekin delay hoga, quality cut karega. Carefully evaluate karo. 15% se kam mein developer either project nahin lega ya beech mein renegotiate karega. Margin output sirf negotiation ka starting point hai, final sach nahi — TDR, road widening setbacks, height restrictions sab ±10% swing kar sakte hain.
Corpus aur rent during construction kitna milna chahiye?
Corpus (one-time lump sum): 33(7) island city — ₹5-15 lakh per family typically. 33(7A) suburb dilapidated — ₹3-10L. 33(7B) suburb 30+yr — ₹2-5L (margins less hote hain). 33(9) cluster — ₹8-20L (highest margins). 33(10) SRA — ₹1-3L. Calc margin >40% ho toh upper end push karo. Rent during construction: market rent for similar-sized rental in same neighborhood, NOT cheaper area 5km away. South Mumbai 2BHK ka rent ₹70-1.2L/month, Bandra ₹60-90K, Andheri ₹35-55K, Borivali ₹25-40K. Total = monthly × construction months (typically 30-36). Bank guarantee insist karo from scheduled bank covering 110% of total rent — kyunki most disputes tab hote hain jab developer rent stop kar deta hai 24 mahine baad aur project 12 mahine aur late ho jata hai.
Agreement mein kya kya likhwana zaroori hai?
Development Agreement mein yeh sab non-negotiable hain: (1) RERA carpet area in EXACT sqft for each member — no "approximate" or "around". (2) Bank guarantee from scheduled commercial bank covering 110% of rehab construction cost + total rent. (3) Completion deadline with month/year clarity + 5-10% per year penalty clause for delay. (4) Rent payment in advance (quarterly or monthly) — never arrears. (5) Corpus tranches: 1st at vacating (not at IOD), 2nd at plinth, 3rd at OC. (6) Quality inspection rights at plinth, slab, finishing. (7) No profit-sharing on unsold flats + minimum sale price floor. (8) Bombay High Court jurisdiction (not arbitration with developer's chosen arbitrator). (9) FSI calculations with regulation reference + plot survey number + exact CTS number. Bina inn 9 cheezon ke agreement sign mat karna.