31 October,2026 07:21 AM IST | Mumbai | Vinod Kumar Menon
Representation pic/iStock
Nearly 19,000 buildings in Mumbai are estimated to be without Occupation Certificates (OCs), but the BMC's latest amnesty scheme has reportedly received just one or two applications so far. Citing a lack of awareness about the scheme's eligibility criteria, concessions and application process, the Practising Engineers, Architects and Town Planners Association (PEATA India) is organising a seminar to guide housing societies and flat owners.
The initiative comes amid criticism from housing experts, who say the scheme places a disproportionate financial burden on flat owners for violations committed by developers.
The seminar will explain the scheme's provisions, benefits, eligibility criteria and application procedure under the Urban Development Department's notification dated December 11, 2025.
Notably, mid-day had highlighted this issue on September 14, 2021, reporting that MahaSEWA urged the chief minister to regularise over 10,000 structures by collecting fines.
Buildings without Occupation Certificates remain a long-standing concern in Mumbai. Unofficial estimates suggest that around 19,000 buildings lack OCs, excluding approximately 6000 MHADA and SRA structures. Conservative BMC estimates put the number at no fewer than 4500. "There are substantial building in Bombay Jurisdiction that do not have OC for various reasons. The Unverified Estimate is around 19000 Bldgs + SRA buildings, both 33(10) Slum Scheme and 33 (11) PTC scheme, totalling about 25000," said Yomesh Rao, PEATA president.
The absence of an OC can create hurdles for property owners and housing societies in regulatory compliance, property transactions and obtaining civic permissions, said Rao.
Recognising these challenges, the BMC introduced a standard operating procedure (SOP) for the amnesty scheme, allowing eligible housing societies, landowners, developers and individual flat owners to apply for OCs through a prescribed process, Rao said.
Effective September 8, 2026, the scheme offers financial concessions during its initial six months to encourage eligible societies and property owners to regularise their buildings.
However, the response has been limited, with only one or two applications received so far, Rao said.
"This low turnout is largely attributed to poor public awareness regarding eligibility, financial benefits, documentation, and application procedures, leaving many eligible owners unaware of the opportunity," he said.
CA Ramesh Prabhu, founder-chairman of the Maharashtra Societies Welfare Association (MahaSEWA), said the updated scheme repeated shortcomings of earlier versions while introducing additional hurdles.
"Re-launched for the third time since September 2026, the updated OC Amnesty Scheme repeats past missteps while introducing fresh hurdles. It applies strictly to residential units up to 80 sq. meters, caps regularisation at 15 per cent, and mandates valid title deeds, Fire NOCs, and demolition of non-regularisable structures. Applications must be submitted through an architect via the online AutoDCR portal," he said.
Prabhu said purchasing additional floor space index (FSI) to regularise unauthorised construction could leave individual flat owners facing premiums of Rs 10 lakh to Rs 20 lakh.
Rather than providing genuine relief, he said, the scheme appeared to be a revenue collection exercise for the BMC. He also flagged ambiguities over its applicability to SRA, MHADA and MMRDA structures.
"To drive meaningful adoption, the civic body must simplify the application workflow, eliminate procedural bottlenecks, and slash regularisation premiums to 10 per cent or less," Prabhu said.
Parab advocated a technology-driven single-window system supported by a traffic-light monitoring framework to identify unauthorised construction at an early stage.
. Green: Compliant with approved plans and regulations
. Amber: Minor deviations requiring corrective action
. Red: Serious violations requiring intervention
He said a single-window clearance mechanism would improve transparency, streamline approvals and safeguard safe, lawful housing. He also invoked Article 21 of the Constitution, which guarantees the right to life, in advocating access to safe housing.
Advocate Shreeprasad Parab, expert director of the Maharashtra State Co-operative Housing Federation Ltd, said the number of buildings without OCs was a growing concern across Mumbai and the Mumbai Metropolitan Region (MMR).
He said developers frequently deviated from sanctioned plans, leaving flat owners to deal with higher water charges, increased property taxes and legal hurdles during redevelopment.
While compounding provisions under the Maharashtra Regional and Town Planning (MRTP) Act and amnesty schemes offer a route to regularisation through penalties, Parab described them as temporary fixes.
He said accountability should extend to developers responsible for the violations and authorities tasked with monitoring construction, rather than placing the burden entirely on homebuyers.
An Occupation Certificate (OC) is issued by the competent planning authority after verifying that a completed building complies with applicable approved plans and regulatory requirements. It permits the building to be occupied subject to the conditions of the certificate.
. Legal compliance: It confirms that the building has received the required occupation approval
. Property transactions: Its absence can complicate resale and other property-related transactions
. Redevelopment: Outstanding approvals and deviations can create hurdles during redevelopment
. Civic charges: Residents of buildings without OCs may face higher charges or penalties under applicable rules
An OC is not required to register a flat's sale deed. However, its absence can have significant legal and financial implications for buyers and housing societies.
. Housing societies and managing committees operating without OCs
. Landowners and developers seeking regularisation
. Individual flat owners concerned about their building's OC status
. Architects, engineers and town planners handling regulatory approvals
. Construction, redevelopment and real estate professionals
Free seminar: Understanding the BMC's OC amnesty scheme
Organiser: PEATA India
Date: November 3, 2026
Time: 5 pm onwards
Venue: Yogi Sabhagrah, Dadar East, Mumbai
Topic: Understanding the BMC Occupation Certificate amnesty scheme
Objective: Explaining eligibility, financial concessions and the step-by-step application process.
