A flat in a redevelopment is sold like any other flat, and it is not one. Part of the building was promised to people who were already there, on terms fixed by regulation before the first sale brochure existed.
Key takeaways
- Regulation 7.6 applies where a building ceased to exist through fire, collapse or a dangerous-structure order, or where the building is simply more than 30 years old.
- A co-operative society redevelopment earns incentive FSI of 30 percent of the existing built up area, or 15 sq m per tenement, whichever is more.
- A tenanted building earns 50 percent incentive FSI on the rehab area required to rehouse the tenants.
- No existing residential tenement may be rehoused below 27.87 sq m of carpet area, and the shortfall comes as additional FSI without premium.
- The society route applies only where existing members are being re-accommodated.
- Where tenanted and society buildings share a plot, the land is split proportionately and each part follows its own rule.
What qualifies as a redevelopment
Chapter 7, Regulation 7.6, UDCPR as updated 30 January 2025 sets the gate, and it is wider than most people assume.
Reconstruction or redevelopment, in whole or in part, of any building which has ceased to exist in consequence of accidental fire, natural collapse, or demolition because it was declared dangerous, dilapidated or unsafe by or under a lawful order of the Authority, or a building having an age of more than 30 years, is allowed subject to the conditions that follow.
The last limb is the one that matters in practice. Age alone qualifies. No damage, no order, no declaration: thirty years is enough, which is why so much of Maharashtra's older housing stock sits inside this chapter. The same threshold reappears in the margin rules, where a building over 30 years old can take a 6.0 m marginal distance up to 45 m of height.
The society route
Chapter 7, Regulation 7.6.1, Redevelopment of Multi-dwelling Buildings of Owner / Owners* covers co-operative housing societies and apartments, and it builds the entitlement in layers.
Banded by layer of entitlement
- BaseThe FSI of the existing authorised building
- Incentive30 percent of the existing built up area, or 15 sq m per tenement, whichever is more
- Top upWhere base plus incentive is less than the maximum building potential under Regulation 6.1 or 6.3, the society may avail premium FSI or TDR up to that potential
- ExcludedThe incentive FSI does not apply to redevelopment of an existing bungalow
Source: Chapter 7, Regulation 7.6.1, UDCPR as updated 30 January 2025
Two conditions then shape who benefits.
The minimum rehousing area. Where an existing residential tenement occupies less than 27.87 sq m of carpet area, it is entitled to a minimum of 27.87 sq m in the new building, and the difference between the old and new areas is allowed as additional FSI without any premium. A non-residential occupier gets an area equivalent to what they occupied before.
The purpose test. Regulation 7.6.1(iii) states that this regulation applies only when the existing members of the society are proposed to be re-accommodated. It is a rehousing provision, not a general redevelopment bonus.
The tenanted route is different, and more generous
Chapter 7, Regulation 7.6.2, Redevelopment of Tenanted Buildings deals with buildings having protected tenants under the relevant law, and the arithmetic changes shape.
The FSI allowed is the FSI permissible under Regulation 6.1 or 6.3, or the FSI consumed by the existing authorised building including TDR and premium FSI, whichever is more. The regulation adds a clarification that matters: any TDR or premium FSI already used in the existing building is treated as basic FSI for the redevelopment.
In addition, 50 percent incentive FSI of the rehab area required for rehabilitation of the tenants is allowed. Rehab area is the authorisedly utilised area or 27.87 sq m carpet per tenement, whichever is more.
| Society or apartment, Regulation 7.6.1 | Tenanted building, Regulation 7.6.2 | |
|---|---|---|
| Base FSI | FSI of the existing authorised building | The higher of permissible FSI under 6.1 or 6.3, and FSI consumed by the existing building including TDR and premium |
| Incentive | 30 percent of existing built up area, or 15 sq m per tenement, whichever is more | 50 percent of the rehab area |
| Minimum per tenement | 27.87 sq m carpet | 27.87 sq m carpet, as the floor for computing rehab area |
| Top up | Premium FSI or TDR up to maximum building potential | Premium FSI or TDR up to maximum building potential |
Where such a building is partly self-occupied by the owners, the entitlement for that part is governed by Regulation 7.6.1 instead. And where tenanted and society or non-tenanted buildings coexist on one plot, Regulation 7.6.1(iv) splits it: the proportionate land component matching the existing authorised built up area of the tenanted building is developed under 7.6.2, and the remaining notional plot under 7.6.1.
For a buyer, that table is the whole picture in one place. The building you are buying into has a rehabilitation obligation baked into its FSI, and the incentive that pays for it is fixed by regulation rather than negotiated.
What that means practically: the free sale component is what is left after the rehab component and its incentive are satisfied. A project that has miscounted its tenants, or that is disputing who qualifies as one, is a project whose saleable area is not yet settled. That is a different risk from a greenfield launch, and it is the reason a redevelopment purchase deserves a different set of questions.
What to ask before buying into one
- Establish which route the project is on: society redevelopment under 7.6.1, tenanted under 7.6.2, or a split plot under 7.6.1(iv).
- Ask how many existing members or tenants are being rehoused, since the rehab area drives the incentive and the incentive drives the saleable area.
- Check that the 27.87 sq m minimum has been applied to every tenement that was smaller, because the shortfall is additional FSI without premium.
- Ask whether the old building had TDR or premium FSI in it, because under 7.6.2 that is treated as basic FSI for the redevelopment.
- Ask whether any rehousing entitlement is disputed, which is the single most common reason these projects stall.
Names and numbers in this story are illustrative. When Priya and Arjun looked at a 30 year old society redevelopment in Pune, the question that changed their view was not the specification. It was that the promoter's filed completion date had already moved twice, with the reasons given in the filing pointing at member consent rather than at construction.
That is exactly the sort of thing the public register records and a brochure does not.
Where the filings come in
Redevelopment risk is mostly timing risk, and timing is the thing MahaRERA records best. Every filing states the original and current completion dates, every extension the promoter sought, and the reason they gave for it, in their own words.
That is free to read at reragenie.com, along with the filed land area, the buildings and floors, the certifying professionals, and any complaints or litigation with case numbers.
ReraGenie's buyer report, Rs 499, reads one project's full filing and the documents behind it, compares the slip between original and current completion dates against the median for the same pincode, sets the promoter's record against the rest of the register, and lists what the filings do not contain. It includes a project watch for 90 days, so a further extension reaches you by email rather than by rumour.
For what in a project was never saleable in the first place, see the parts that were never the builder's to sell.
Source: Unified Development Control and Promotion Regulations for Maharashtra, UDCPR as updated 30 January 2025. Sanctioned under the Maharashtra Regional and Town Planning Act, 1966.
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