The Maharashtra government has announced plans to introduce a new policy aimed at granting occupation certificates (OCs) to over 25,000 buildings across Mumbai’s suburbs. This move targets structures built under various bodies, including BrihanMumbai Municipal Corporation (BMC), Maharashtra Housing and Area Development Authority (MHADA), Slum Rehabilitation Authority (SRA) and others, many of which have been without formal certification due to past technical or administrative issues.
Ashish Shelar, guardian minister for Mumbai suburbs, revealed that a draft of the new policy is set to roll out from 2nd October. The policy seeks to address multiple hurdles that have prevented buildings from obtaining OCs. Among these are deviations from approved floor area, problems with building setbacks, changes in rules over time and instances where developers failed to dedicate spaces or flats reserved for public or civic use.
Under the scheme, the government will make it easier to correct past construction lapses, whether they are technical or administrative in nature. Buildings that had their OC applications rejected in the past because of issues such as setbacks or floor area deviations will now be considered for relief. Similarly, projects that were caught in limbo due to changes in regulations during the course of construction will also be regularised.
Housing societies will be allowed to apply for either full or partial OCs. For the first six months after the policy comes into force, applicants may also be spared penalties. However, in cases where additional floor space index (FSI) has been used, Societies will still be required to pay a premium. To ensure accountability, the entire process is expected to be transparent and managed through an online system.
The decision was taken after a joint meeting involving the BMC, urban development, revenue and cooperation departments. The announcement comes amid public concern following the Wellingdon Society case in Tardeo, where residents were asked to vacate parts of a building that lacked an OC — a situation which has drawn attention to broader enforcement and legitimacy issues across many similar developments in the city.
Activists, however, argue that the responsibility for ensuring compliance lies squarely with the municipal system. “It is the job of the Building Proposal department and the vigilance wing to keep track of whether a building has an OC or not. But enforcement has been weak, and in many cases, there seems to be a nexus between officials and builders,” said Mohammed Afzal, who has campaigned on the issue for years.
He added that flat-buyers end up paying the price, forced to move into homes without OCs, risking heavy fines and suffering disruptions such as delayed possession or the need to shift mid-construction due to lack of alternatives.
While the new policy promises relief for thousands of home-owners, it has also sparked debate about fairness. Some residents point out that those who went through the long and often costly process of securing an OC earlier — including paying higher prices, penalties or navigating endless red tape — may feel short-changed. “For those who complied with the rules, it feels like an insult when later policies regularise non-compliant buildings,” is a common refrain.
This sentiment echoes a broader pattern in governance where retrospective amnesty schemes, whether for property tax, stamp duty or even income-tax, have often rewarded violators while leaving honest payers feeling penalised. Critics argue that while the scale of the OC problem is unique, with tens of thousands of buildings lacking certification until just a decade ago, the policy risks creating a perception of injustice among law-abiding citizens.
However, officials believe that for many residents who have lived for years in such buildings, the proposed policy will provide much needed legal recognition and relief.
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