MUMBAI: Thousands of residents living in buildings without an Occupancy Certificate (OC) could now get relief, with the BMC bringing out a Standard Operating Procedure (SOP) for an amnesty scheme for buildings occupied before November 17, 2016

Published on: Sep 10, 2026, 07:44:00 IST

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MUMBAI: Thousands of residents living in buildings without an Occupancy Certificate (OC) could now get relief, with the BMC bringing out a Standard Operating Procedure (SOP) for an amnesty scheme for buildings occupied before November 17, 2016. The scheme will come into effect from the date of publication of the circular.

The scheme allows eligible residential buildings, hospitals and schools to seek an OC in cases where, despite the building having received the requisite approvals, the OC was not granted on account of procedural issues, non-compliance by the original developer or other pending requirements. However, the amnesty does not provide a blanket regularisation of illegal construction.

Which buildings qualify?

The scheme will apply to the above-named eligible structures provided they satisfy some conditions. Residential buildings must be able to produce an IOD (Intimation of Disapproval), approved plan and Commencement Certificate (CC) from the BMC, and applicants will have to establish that the building was actually occupied before November 17, 2016. Individual units must have a carpet area of up to 80 square metres and no more.

A building will be treated as residential if more than 50% of its use is residential. Commercial shops and offices located in these buildings can also apply under the scheme, but they will not receive any financial concessions.

Societies, individual flat owners can apply

A significant provision is that the right to seek an OC is not restricted to the original builder. Registered cooperative housing societies can apply as well, as can individual flat owners, who can apply for and get a “part OC” from the BMC. However, the housing societies and individual applicants will need an NOC from the original owner/developer. If they fail to provide it, the BMC will issue a notice under the relevant provisions of the Mumbai Municipal Corporation Act.

50% discount on several charges

One of the major incentives under the scheme is a 50% concession on normal charges applicable for regularising violations. Another incentive pertains to converting “free of FSI” features into habitable residential areas, where applications submitted within the first six months of the policy will attract no penalty while those submitted between six months and one year will receive a 50% discount. After one year, there will be no discount.

A 50% concession in the premium for additional FSI and fungible compensatory FSI will also be available in specific cases involving already approved plans that were misused, provided there is no additional horizontal or vertical construction beyond the approved building line.

Relief for stalled redevelopment projects

The SOP also provides for dealing with several common reasons for which OCs have remained pending.

If the earlier architect has failed to submit a Building Completion Certificate and is unavailable, the society or individual flat owner can appoint a new architect or licensed surveyor who can certify the executed work. Where the property’s PR Card does not contain the area in words, the BMC will consider granting an OC without insisting on this requirement.

Buildings in layouts where internal roads, storm-water drainage, sewerage, water mains, street lights or recreational grounds have not been developed may also receive an OC on an “as is where is” basis. In such cases, the society will have to give a registered undertaking to complete the infrastructure and an indemnity bond protecting the BMC against future litigation.

The scheme also seeks to prevent incomplete transfer of public-purpose land from holding up OCs. BMC ward offices will be expected to proactively take over Development Plan roads, setbacks, and reservations such as playgrounds and gardens. Where additional FSI has already been consumed, however, handing over the required land will have to be completed before further development is permitted.

In cases where additional premium FSI or TDR has not been used, an OC can be granted without insisting on immediate removal of encroachments on DP roads or setbacks, but further use of additional FSI will be restricted until the encroachment is removed and the land handed over.

Rehab buildings delinked from sale component

For redevelopment schemes, the SOP provides significant relief for rehabilitation components. A rehab building or wing is proposed to be delinked from violations or non-compliances in the sale component which may hold up the OC. Eligible rehabilitation buildings can receive their OCs independently subject to the specific approval of the municipal commissioner.

The SOP also makes clear that the amnesty cannot be used to legitimise unauthorised construction. Where additions or alterations cannot be regularised under the existing rules, the concerned ward office will be informed and occupation will not be permitted for that portion.

The scheme further states that developers and owners will not be absolved of their legal responsibilities merely because residents receive OCs under the amnesty. The BMC and the state government can continue to take action against them under applicable laws.

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