Major Relief For Mumbai Residents As State Approves Revised Amnesty Scheme To Regularise Non-OC Buildings Built Before 2016

Mumbai: In a major relief to the lakhs of citizens of Mumbai residing in buildings without an occupation certificate (OC), the state urban development department (UDD) on December 11, approved the BMC's amnesty scheme for regularisation of Non-OC buildings, however with revisions. The revisions will benefit more Non-OC buildings, as the UDD has directed the BMC to consider implementation of the amnesty scheme to buildings built and occupied before 17/11/2016, instead of datumline 06/01/2012.

Cut-Off Date Extended by Four Years to Include More Buildings

Apart from the four years extension in the cut-off year for OC amnesty scheme, the state government has also told BMC to not levy any penalty for building which have converted Free FSI features to habitable use, if such buildings apply under the amnesty scheme within six months of the revised policy introduction. "As per BMC's original proposal, the buildings which have used the FSI were given to pay 50% discount on penalty, under amnesty scheme. However, the UDD has revised it to Zero if applied within six months. It is loss to the corporation, but the revision is done to attract people for regularisation," said a senior officer.

The UDD has also directed the BMC to consider the amnesty scheme for granting OC to hospitals and school buildings as well. However, no commercial constructions will be considered. "The officer added that the BMC guidelines for the revised amnesty policy is under preparation. The guidelines will be uploaded on the website and publicized for citizens awareness."

The UDD has also directed the BMC to shall separately prepare guidelines/procedures (including online system) for issuing Partial Occupancy Certificate for individual flat owner. While in rehabilitation proposals, the BMC should consider delinking the occupancy certificate of the rehabilitation building from the sale building.

Partial Occupancy Certificates for Individual Flat Owners Proposed

The UDD has clarified in its communication to BMC that "the said scheme is proposed to regularize irregularities by following the legal process. However, under no circumstances can the said scheme be used as a tool to authorize unauthorized constructions. The Municipal Corporation should take proper precautions in this regard."

Some other instructions include that BMC should proactively take action to acquire playgrounds, gardens (PG, RG) etc. and other reservations and make them available for public purposes. As per the said Revised Amnesty Scheme, the 50% discount on the premium as well as the concession regarding non-imposition of penalty for the first six months should be applicable only to the flats having carpet area up to 80 sq.m.

Over 20,000 Non-OC Buildings Likely to Benefit

The policy to regularise buildings in Mumbai, for factors that are beyond control of the occupants, was announced in September. More than 20,000 Non-OC buildings in Mumbai and are expected to benefit out of this policy. However, several housing experts called the policy a political move by the ruling BJP-Shiv Sena ahead of the BMC elections to woo voters, as the developers will go scot-free, who are responsible for completing documentation for regularisation of the buildings while giving possession.

A senior UDD officer confirm to the FPJ on Friday that there will be no government resolution (GR) for the new OC policy. "The BMC had sent its proposal in 2022, and we have approved it with revisions. The changes and guidelines have been issued to the BMC, and the corporation will implement them," he said.

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