The Brihanmumbai Municipal Corporation (BMC) has issued the Standard Operating Procedure (SOP) for its long-awaited Occupancy Certificate (OC) Amnesty Scheme, which could benefit nearly 20,000 buildings across Mumbai that are occupied but have not received their occupancy certificates.
The scheme covers residential buildings, schools and hospitals that were occupied before November 17, 2016, provided individual units have a carpet area of up to 80 sq. m. (861 sq. ft). Eligible properties must also have received an Intimation of Disapproval (IOD), amended plans and development or construction permissions from the BMC under applicable regulations.
Applications will have to be submitted online through the AutoDCR system by an architect or licensed surveyor. The dedicated application facility is expected to become available on the BMC website shortly.
A senior BMC official said, “However, it does not include buildings which need OC from other authorities like MHADA and SRA. The authorities have to come up with their own SOPs,” the BMC officer added.
Scheme Targets Long-Pending OC Issues
The amnesty programme received final approval from the BMC General Body last month. The civic administration had earlier sent a revised proposal to the state Urban Development Department seeking wider eligibility, including removal of the 80 sq m limit and inclusion of commercial buildings. Those changes have not yet formed part of the current SOP.
The scheme is aimed at residents living in buildings where required permissions or NOCs are available but OCs remain pending because of issues such as developers becoming untraceable or administrative delays.
Experts Raise Concerns
However, housing experts have questioned whether the scheme will adequately address building-level violations and whether financial responsibilities could shift to residents.
Advocate Vinod Sampat, President of Cooperative Societies Residents Association, said, “There is a high possibility that the builders’ lobby has used their good office for vested interests and put responsibility, including penalty charges, on the residents. There are several cases going on in consumer court against the builders, however, if the buildings receive OC, they get scot-free. The flat owners should unite and recover the legal fees, architect fees, penalty and all charges incurred towards obtaining OC from the builders.”
Ramesh Prabhu, chairman of Maharashtra Societies Welfare Association, said, “The scheme could be a non-starter, similar to the similar schemes introduced in 1994 and 2012. This particular scheme enables an individual flat owner to apply for regularisation. In instances like if the entire building lacks Fire NOC, how is the individual flat get OC? Will an individual resident be able to bear the architect’s fees, since online application is mandatorily applied through the architect. How are the authorities going to deal with flats which have major violations like inclusion of parking spaces, recreational plots, etc.,” Prabhu questioned.
Willington Heights Case Brought Issue Into Focus
The scheme gained momentum following the Willington Heights case in Tardeo, where residents of the top 17 floors had to vacate their homes following a Bombay High Court order because those portions lacked an OC.
Twenty-seven families from the high-rise remain in alternate accommodation. Satish Mehta, a resident, said, “We have been informed that the SOP for amnesty scheme is ready and the same will get operational very soon. Size of all the flats in our building are falling within the limit of 80 sq mt, which is one of the main conditions for the eligibility to apply. We will soon get the OC which was long awaited for. There is a sigh of relief not just our society members but also so many thousands of buildings be able to resolve typical hindrances and obtain OC.”
Key Provisions
The SOP permits individual flat owners to apply, provides for a separate AutoDCR module, allows 15 days for objections, introduces guidelines for partial OCs and offers a 50% discount on applicable penalties for eligible proposals submitted within six months to one year of implementation.
Cases involving ACB proceedings or court matters will require appropriate orders before an OC can be issued.
For residents of occupied but non-OC buildings, regularisation could also reduce the additional financial burden associated with such properties, including higher water charges and property taxes and difficulties in obtaining home loans.
The effectiveness of the scheme will ultimately depend on how efficiently individual applications, building-level safety requirements and outstanding statutory issues are addressed.
Source: The Free Press Journal
