Mumbai civic body rolls out OC amnesty scheme for 20,000 buildings occupied before 2016

Mumbai: The Municipal Corporation of Greater Mumbai (MCGM) has issued detailed procedural guidelines for its Occupancy Certificate (OC) amnesty scheme, which is expected to benefit around 20,000 buildings across Mumbai that were occupied before November 17, 2016 but have not received the mandatory certificate.

The scheme covers eligible residential, hospital and school buildings with individual units having carpet area of up to 80 sq m, subject to prescribed approvals and conditions.

The move is expected to provide a route for a large number of buildings where OCs are still pending because of procedural and documentation-related issues, while also offering financial concessions for specified regularisation requirements.


The scheme provides a 50% discount on regular charges applicable to revalidation fees, balcony and penalties for regularising specified violations.

For conversion of elevation or free-of-FSI features into habitable residential use, no penalty will be charged for proposals submitted within six months of the SOP. A 50% discount on the prevailing penalty will apply to proposals submitted between six months and one year, while no discount will be available after one year.

The scheme also provides concessions on premium for additional FSI and fungible compensatory FSI in specified cases involving approved but misused features, subject to the 80 sq m RERA carpet-area limit.

The civic authority has issued the SOP following directions from the Maharashtra government’s Urban Development Department and approvals by the MCGM Standing Committee and Corporation.

To be eligible under this, the buildings must have an Intimation of Disapproval (IOD), approved plans and development or construction permission under the prevailing MCGM rules. They must also have a valid Commencement Certificate.

As per the guidelines, applications need to be submitted online through the AutoDCR system by an architect or licensed surveyor. To establish that a building was occupied before November 17, 2016, applicants can submit property assessment records, an authorised electricity bill, a municipal notice regarding occupation without an OC or a certificate from the concerned architect.

The SOP seeks to address administrative hurdles that have held up OCs, including non-submission of Building Completion Certificates, incomplete infrastructure in layouts, certain pending tax clearances and non-submission of drainage completion certificates.

However, the amnesty does not legitimise unauthorised construction. Pending cases before courts or the Anti-Corruption Bureau will require orders from the competent authority or court before an OC can be granted.

The guidelines also state that the scheme does not absolve owners or developers of their liabilities or protect them from action by the MCGM, state government or other regulatory authorities under applicable laws.

The civic body has provided a 15-day window after publication of each proposal on AutoDCR for interested parties to raise objections, complaints or representations. Competent authorities can also submit prohibitory orders during this period, following which the concerned Building Proposal department will scrutinise the proposal.

The SOP also allows individual flat owners or occupants to seek a partial OC. In such cases, additional floor area index, fungible compensatory area or transferable development rights can be used proportionately, subject to prescribed limits.

The guidelines state that granting an OC in such cases should not result in an increase in occupant load. Consequently, additional parking spaces will not be insisted upon for such partial OCs.