Maharashtra Moves To Regularise Non-OC Buildings Amid Safety Concerns

The Maharashtra government has announced a new policy aimed at regularising buildings lacking an Occupation Certificate (OC), citing delays in land transfers and administrative approvals as reasons beyond residents’ control. While the move is expected to benefit lakhs of homebuyers across the state, experts and urban planners have raised concerns that the policy could dilute builder accountability and allow repeated violations to persist unchecked.

The policy comes against a backdrop of growing unauthorised constructions in Mumbai and other major cities. According to a senior civic official, the state intends to provide relief to residents who have already occupied properties legally approved but where the final OC was delayed due to administrative processes. However, this approach raises questions about long-term urban safety and compliance. Supreme Court guidelines highlight the risks associated with such regularisation. An order dated 17 December 2024 emphasises that state governments, while condoning violations, often prioritise revenue gains over sustainable urban planning. The ruling mandates periodic inspections of premises and directs authorities to withhold services such as electricity and water connections until the OC is formally issued.

Architects and urban planners have sounded alarms over the policy’s potential loopholes. A senior urban planner explained, “Many non-OC buildings already violate Floor Space Index limits, lack mandatory open spaces, or have unauthorised service connections. Builders often operate in collusion with officials and exploit regulatory gaps. Without strict oversight, regularisation may legitimise these breaches, jeopardising resident safety.” Experts also pointed out that existing regulations under the Maharashtra Ownership Flats Act and the Real Estate Regulation and Development Act (RERA) already prohibit possession in the absence of an OC. The new policy, they argue, must include mechanisms to hold defaulting builders accountable, recover costs for irregularities, and prevent repeated circumvention of the law through proxy companies.

Local authorities’ lax inspections exacerbate the problem. Civic experts have noted that junior engineers and building proposal departments frequently fail to monitor ongoing constructions effectively, allowing violations to go unchecked. Practising engineers and urban planning associations highlighted that the proposed amnesty is primarily applicable to older buildings that have been occupied for years, where most approvals are in place but formal OC compliance remains pending. While the policy may offer short-term relief to affected residents, experts emphasise the need for rigorous inspections, disciplinary action against erring officials, and strict enforcement to prevent future violations. Urban planners urge that the government prioritise resident safety and sustainable city planning over administrative expediency.

The move underscores the delicate balance between urban housing needs and regulatory compliance in Maharashtra, highlighting that relief measures must be coupled with accountability to ensure the long-term safety and orderly development of the city.

Maharashtra Moves To Regularise Non-OC Buildings Amid Safety Concerns