Nearly 19,000 buildings in Mumbai are reportedly operating without Occupation Certificates as a civic amnesty scheme continues (AI-generated image used for representational purposes)
MUMBAI: Nearly 19,000 buildings in Mumbai are estimated to be functioning without Occupation Certificates (OCs), but a civic amnesty scheme intended to help eligible property owners obtain the crucial document has received fewer than 10 applications, exposing a major gap between the policy’s promise and its implementation. The Brihanmumbai Municipal Corporation (BMC) issued a standard operating procedure (SOP) for the revised OC Amnesty Scheme on September 8, offering concessions on specified regularisation charges to eligible buildings occupied before November 17, 2016. While industry estimates put the number of OC-less buildings at around 19,000, the BMC’s own estimate is understood to be considerably lower, at around 4,500. With the initial six-month concession window ending on March 8, 2027, the Practising Engineers, Architects and Town Planners Association (PEATA-India) has organised a public seminar on November 3 at Yogi Sabhagrah, Dadar (East), to explain the scheme’s provisions, eligibility conditions and application procedure to housing societies and individual flat owners. It covers eligible residential buildings, schools and hospitals that were occupied before November 17, 2016, have the prescribed development permissions, including an Intimation of Disapproval (IOD), approved plans and a Commencement Certificate (CC), but have not obtained an OC. In some cases, individual flat owners could face an outlay of Rs 10 lakh to Rs 20 lakh, depending on the location and nature of the deviation. Applications received during the first six months from September 8, 2026, are eligible for a 100% waiver of the applicable penalty. Applications received between six and 12 months are eligible for a 50% concession on the prevailing penalty, while applications after the first year will attract the full applicable penalty. The procedure also provides a 50% concession on specified regularisation charges for eligible balcony, otla and loft enclosures and other covered deviations. Seminar details: PEATA-India’s seminar on decoding the BMC’s OC Amnesty Scheme and SOP will be held on November 3, 2026, from 5pm onwards at Yogi Sabhagriha, Dadar (East).
Because of compliance issues in the sale wing, this could prevent eligible rehabilitation buildings from being held up solely. Because of historical bottlenecks, “Countless Mumbaikars are living in buildings without OCs.
Many do not realise that the state government and civic body have provided an opportunity to address these issues with substantial concessions,” said PEATA-India president Yomesh Rao. “Our objective at the November 3 seminar is to explain the documentation and application process so that housing societies and individual flat owners understand the provisions and do not lose out on the concession period,” he said. However, almost two months after its rollout, the response remains negligible. The issue affects thousands of families who face higher property taxes and water charges, besides difficulties in securing housing loans, selling flats and undertaking redevelopment. The scheme is not a blanket amnesty for all buildings constructed without permission. Unauthorised buildings constructed without the requisite approvals, or unauthorised floors and extensions that fall outside the scheme’s provisions, cannot claim protection under the amnesty. Eligibility and the extent of permissible regularisation will be determined by the BMC after scrutiny. The scheme also provides for individual flat owners to apply for an OC, rather than making the entire housing society’s participation a prerequisite. Applications have to be submitted online through the BMC’s AutoDCR system with the assistance of a registered architect or licensed surveyor. This provision could help residents where developers have disappeared, failed to complete documentation or are unwilling to pursue the OC. Despite the concessions, the financial burden of regularisation remains a concern. Housing activists point out that where additional floor space index (FSI) or other permissible development rights have to be purchased to regularise eligible deviations, the premium can run into lakhs of rupees. This raises concerns about residents having to bear the financial consequences of deviations or procedural defaults committed by developers. Societies are also uncertain about how the costs and liabilities should be apportioned among flat owners. Another source of confusion is the distinction between obtaining an OC and regularising unauthorised construction. The amnesty provides a route to address specified deviations and procedural shortcomings in otherwise sanctioned buildings; it does not confer blanket legality on all existing construction. The SOP provides a graded concession on penalties linked to eligible FSI regularisation. Additional FSI and fungible compensatory area concessions are also prescribed for qualifying residential tenements, subject to the scheme’s conditions. For redevelopment projects, the SOP provides for the rehabilitation component’s OC to be delinked from violations in the sale component, subject to the prescribed approval. The concessions, however, do not dispense with mandatory safety and statutory requirements. Applicants must meet the applicable fire-safety, lift and other clearance conditions, wherever required.
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