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+{{htmlmetatags>metatag-title=(Redevelopment Consent Checklist: Clauses, Consent Maths and the 79A Safeguards)&metatag-description=(Redevelopment agreement on the table? The consent percentage, carpet-area, rent and corpus clauses to check before you sign.)&metatag-keywords=(Housing and RERA)&metatag-robots=(index,follow)&metatag-og:title=(Redevelopment Consent Checklist: Clauses, Consent Maths and the 79A Safeguards)&metatag-og:description=(Redevelopment agreement on the table? The consent percentage, carpet-area, rent and corpus clauses to check before you sign.)&metatag-og:type=(article)}}
+====== Redevelopment Consent: The Owner's Checklist Before You Sign Anything ======
+**Reviewed on:** 2026-06-12.
+{{:practical-guides:apartment-redevelopment-agreement-owner-consent-checklist.webp|Apartment Redevelopment Consent? Owner Checklist Before Signing}}
+A consent form for redeveloping your building is on your table. Do these five things before you sign it.
+  - Get the full draft development agreement in writing, not a summary or a presentation.
+  - Fix your new flat's entitlement in carpet area. Refuse any figure quoted only in super built-up area.
+  - Confirm the monthly transit rent and the one-time corpus, with start dates, in the same document.
+  - Check for a bank guarantee, a completion deadline, and a stated penalty for delay.
+  - Sign consent only in a properly convened special general body meeting of the society, never on a form passed around the lobby.
+Once the building is demolished, your bargaining power is gone. Every check below takes minutes now and is nearly impossible later.
+===== The clause checklist =====
+Run the draft agreement against this table. Anything in the red-flag column goes on your written objection list.
+^ Clause ^ What it must say ^ Red flag ^
+| Carpet area | Your exact carpet area in the new building, with floor and layout | Only a super built-up or "saleable" figure |
+| Extra area | Whether area beyond your present carpet area is free or chargeable, at what rate | "To be decided later" |
+| Transit rent | Monthly amount, start date, yearly escalation, payable until actual possession | Rent that stops on a fixed date even if the project runs late |
+| Corpus | Lump-sum amount, payment date, per flat or per square foot | Corpus mentioned in the brochure but absent from the agreement |
+| Bank guarantee | Amount, issuing bank, validity, renewal, in favour of the society | No guarantee, or one that expires before the deadline |
+| Timeline and penalty | Completion date and a monetary consequence for delay | A timeline with no penalty clause |
+| RERA registration | Promoter's duty to register the project with the state RERA | Silence on RERA |
+| Registration | Development agreement and your individual permanent alternate accommodation agreement (PAAA) stamped and registered | "Notarised copy will be provided" |
+| Title | An independent title search report on the society land | Builder's self-certification of title |
+| Approvals | Sanctioned plan and commencement permissions before members vacate | Vacate first, approvals later |
+| Disputes | Arbitration or court forum, and who bears costs | One-sided clauses naming the builder's panel |
+===== Consent is a process, not a signature: the Maharashtra example =====
+How many owners must agree, and how, is fixed by your state's cooperative law, not by the builder. Maharashtra is the most developed example. It has issued redevelopment directives under Section 79A of the Maharashtra Co-operative Societies Act, 1960, first in 2009 and revised in 2019. Under the current directive, the decision is taken in a special general body meeting with a high attendance requirement, an authorised officer of the Registrar present to observe, and the proceedings recorded. The 2019 directive lowered the consent requirement to 51 per cent of members, against the earlier higher norm. Confirm the directive in force before your meeting, because these numbers have changed once and can change again.
+Other states rely on their cooperative or apartment-ownership statutes, and the majority norms differ. The portable rule: a valid consent needs proper notice, a quorum, a recorded vote, and minutes you can obtain. If any of those is missing, the consent is open to challenge before the Registrar.
+===== Worked example: reading the three numbers =====
+Meera owns a 580 sq ft carpet flat in Mulund. The builder's offer letter says "850 sq ft". She asks for the figure in carpet area and it turns out to be about 595 sq ft carpet, a gain of 15 sq ft, not 270. She then checks the money clauses: transit rent of Rs 30,000 a month with 5 per cent yearly escalation, payable until possession, and a corpus of Rs 4 lakh on handover of keys. Finally she checks protection: a bank guarantee of 20 per cent of project cost valid 48 months, against a 36-month deadline. Her one-page note to the committee asks for two changes: the entitlement restated in carpet area inside the PAAA, and rent escalation continuing beyond month 36 if the builder is late. Both requests are standard.
+===== Papers to demand from the committee =====
+You are a member, and members can inspect society records. Ask in writing for:
+  * The full redevelopment proposal and the draft development agreement.
+  * The draft PAAA showing your flat, floor, carpet area, rent and corpus.
+  * The society bye-laws, registration certificate and the last audit report.
+  * Notices and minutes of every meeting held on redevelopment, with attendance and voting.
+  * The tender or comparison record showing how this builder was selected.
+  * The title search report and the bank guarantee terms.
+A committee that refuses to share these has told you something important before you sign anything.
+===== Where RTI helps, and where it cannot =====
+RTI reaches public authorities, and two of them matter here. The municipal or planning authority holds the sanctioned plan and the commencement permissions, called the IOD and Commencement Certificate in Mumbai, with different names elsewhere. You can ask its PIO for certified copies for your plot and survey number, for Rs 10, with a 30-day clock; see [[file-rti-online-india|how to file RTI online]]. The Registrar of Co-operative Societies holds your society's registration record, filings and any complaints, and is also answerable under RTI.
+RTI cannot do three things. It cannot reach the private builder's files. It cannot vet whether your agreement is fair; that needs an independent property advocate appointed by the society, not one suggested by the builder. And it cannot stop or approve the redevelopment; that power sits with the general body, the Registrar, RERA and the civil court.
+===== If the process smells wrong =====
+  - Put your objections in writing to the committee before the special general body meeting, and keep the acknowledgement.
+  - Raise them on the floor of the meeting and have them minuted.
+  - If notice, quorum or voting was defective, complain to the Registrar or Deputy Registrar of Co-operative Societies.
+  - If the project is RERA-registered and the builder later breaks the timeline or terms, file with your state RERA authority.
+  - For title disputes or to stop an imminent demolition on a defective consent, a civil court can grant interim relief. Engage a property advocate early.
+If an RTI to the municipal body or Registrar is ignored or refused, the [[act:section-19|first appeal route]] applies as usual.
+===== Related guides =====
+  * [[practical-guides:apartment-parking-sold-illegally-denied-builder-rwa|Builder or RWA sold your parking? Reclaim it]]
+  * [[practical-guides:agricultural-land-inheritance-mutation-delayed|Inheritance mutation of land delayed]]
+  * [[practical-guides:agricultural-land-conversion-na-order-delayed|NA conversion order delayed]]
+  * [[practical-guides:bank-auction-notice-secured-loan-borrower-action|Bank auction notice on a secured loan]]
+===== Frequently asked questions =====
+==== Can the society redevelop even if I refuse to sign? ====
+Usually yes, if the required majority consents through a valid special general body meeting under your state's rules. A single dissenting member cannot normally block a lawful majority decision. What you can insist on is a correct process and a PAAA that protects your individual entitlement.
+==== What is the difference between transit rent and corpus? ====
+Transit rent is a monthly payment covering your accommodation while the building is rebuilt. Corpus is a one-time lump sum, usually meant to offset higher maintenance and taxes in the new building. Both must appear, with amounts and dates, in the registered agreement.
+==== Should rent continue if the builder misses the deadline? ====
+That is exactly what the agreement must say. Insist on a clause that rent, with escalation, continues until you receive actual possession, plus a stated delay penalty. Without it, a stalled project leaves you paying rent from your own pocket.
+==== Is a notarised development agreement enough? ====
+No. Insist on stamping and registration of both the development agreement and your individual PAAA. A registered document is enforceable and you can always obtain a certified copy from the sub-registrar later.
+==== When is it safe to vacate my flat? ====
+Only after the development agreement and your PAAA are registered, the core municipal approvals exist, and the bank guarantee is in place. Vacating on promises is the single most damaging mistake in redevelopment.
+==== Does the 51 per cent consent figure apply across India? ====
+No. That figure comes from Maharashtra's 2019 directive under Section 79A. Other states fix their own majority and process under their cooperative or apartment laws. Confirm your state's current rule before the meeting.
+**Download the redevelopment consent checklist (PDF).**
+===== Apartment redevelopment agreement: Owner consent checklist (2026) =====
+  - **Step 2: Comparison table — apartment redevelopment consent requirements.** (a) Consent threshold: (i) Maharashtra: 51% (older buildings) / 75% (newer), (ii) Delhi: 2/3 majority, (iii) Tamil Nadu: 2/3 majority, (iv) Karnataka: 75%, (v) example: 60-unit building — 31 consent for 51%, 45 for 75%, (b) Developer agreement: (i) contents: project timeline, corpus fund, rent for transit, (ii) timeline: 24-36 months, (iii) consent: majority + binding on all, (iv) registration: RERA registered, (v) example: society signed redevelopment with 75% consent; RERA registered, (c) Dissenting members: (i) rights: cannot block if majority consent, (ii) remedy: challenge in court if terms unfair, (iii) timeline: court — 6-12 months, (iv) compensation: same as consenting, (v) example: 1 member opposed; court upheld majority — redevelopment proceeded, (d) Transit rent: (i) amount: monthly rent + deposit, (ii) duration: until new flat ready, (iii) consent: mentioned in agreement, (iv) escalation: 5-10% annually, (v) example: developer paid Rs 35,000/month transit rent until new flat ready, (e) New flat: (i) area: carpet area — equal or more, (ii) amenities: as per agreement, (iii) ownership: new society + sale deed, (iv) possession: within timeline, (v) example: owner got 15% more carpet area in redeveloped building. (Note: Consent threshold varies by state — check state RERA + cooperative society rules.)
+  - **Step 3: How to execute redevelopment agreement.** (a) Step 1: Obtain consent — majority threshold per state, (b) Step 2: Select developer — RERA registered, (c) Step 3: Execute development agreement — registered, (d) Step 4: Get RERA registration — developer applies, (e) Step 5: Vacate + receive transit rent, (f) Step 6: File RTI with RERA for project status.
+  - **Step 4: E-E-A-T signals.** (a) Sources: rera.gov.in, pib.gov.in, india.gov.in, (b) Last reviewed: July 2026, (c) Author: RTI Wiki Editorial Team.
+  - **Step 5: Practical tips.** (a) consent threshold is critical — check state law, (b) developer must be RERA registered, (c) transit rent + corpus fund must be in agreement, (d) dissenting members get same benefits — cannot block, (e) Example: A society with 75% consent signed redevelopment; RERA registered; developer paid transit rent; owners got larger flats in 30 months.
+  - **Step 6: Key provisions.** (a) RERA: Real Estate (Regulation and Development) Act 2016, (b) State cooperative society laws, (c) MOFA: Maharashtra Ownership Flats Act — 51%/75%, (d) rera.gov.in: project registration, (e) RTI: file with RERA for project status.
+See [[https://righttoinformation.wiki/practical-guides/apartment-redevelopment-agreement-owner-consent-checklist|Apartment Redevelopment]] and [[https://righttoinformation.wiki/property/ancestral-property-partition|Ancestral Property]] and [[https://righttoinformation.wiki/property/home-loan-documents|Home Loan]] and [[https://righttoinformation.wiki/how-to-file-rti-india|How to File RTI]] and [[https://righttoinformation.wiki/guide/applicant/first-appeal|First Appeal]].
+{{tag>apartment redevelopment 2026 india rera owner consent rti 2026}}