No OC For Your Mumbai Building? Decoding BMC's New Amnesty Scheme

BMC's approved amnesty policy aims to help eligible pre-2016 buildings secure Occupation Certificates, offering relief to thousands of homeowners while retaining mandatory safety and regulatory checks.

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BMC clears OC amnesty scheme to help eligible pre-2016 Mumbai buildings secure approval.
(Photo: Unsplash)

Mumbai's civic body has taken a significant step towards resolving one of the city's long-standing housing issues.The Brihanmumbai Municipal Corporation (BMC) Standing Committee has approved an Occupation Certificate (OC) Amnesty Scheme that will allow thousands of eligible residential buildings occupied for years without an OC to regularise their status, multiple media reports said. .

The proposal will come into force after it receives the required Corporation resolution. The BMC will then notify detailed guidelines and a standard operating procedure (SOP), after which eligible applicants can submit their applications.

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The move is expected to benefit homeowners who have struggled with redevelopment, property transactions and documentation because their buildings never received Occupation Certificates despite having the necessary construction approvals.

ALSO READ: Mumbai OC Amnesty Scheme Approved, Over 20,000 Buildings Likely To Benefit

Who Can Benefit?

The scheme covers residential buildings occupied on or before Nov. 17, 2016, with flats measuring up to 80 square metres (around 860 sq ft) of carpet area. Eligible schools, hospitals, and buildings constructed with approved plans, valid Intimation of Disapproval (IOD) and Commencement Certificates (CC) are also covered.

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The scheme is aimed at cases where Occupation Certificates were delayed due to procedural, technical or administrative issues, including situations where developers defaulted or abandoned projects.

What The Scheme Does, And Doesn't

The amnesty scheme is designed to regularise eligible buildings that comply with approved plans but remain without Occupation Certificates because of pending compliance requirements. However, it is not a blanket regularisation policy.

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The BMC has clarified that the scheme will not legalise unauthorised constructions, major planning violations or buildings that fail to meet mandatory safety norms. Projects will still require statutory approvals, including fire safety clearances, before an Occupation Certificate is issued.

Key Changes Approved

The Standing Committee approved the policy largely in line with directions issued by the State Urban Development Department in December 2025, while introducing a few changes.

The revised policy extends the eligibility cut-off from Jan. 6, 2012, to buildings occupied before Nov. 17, 2016, waives penalties for converting Free FSI areas into habitable spaces if applications are filed within six months of the scheme's rollout, and includes eligible hospitals and schools under its ambit.

Could The Scheme Be Expanded?

The BMC has separately requested the Urban Development Department to widen the scheme by removing the 80 sq m carpet area cap and extending benefits to all eligible residential buildings, irrespective of size. It has also sought inclusion of commercial buildings such as private offices.

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How To Apply

Applications can be filed by cooperative housing societies, developers and, in specified cases, individual flat owners. The applications must be submitted through a registered architect or licensed surveyor along with documentary evidence showing that the building was occupied before the eligibility cut-off date. Documents such as property tax records, electricity bills and other official occupancy records will be accepted.

Why Was The Scheme Needed?

The issue gained prominence after the widely discussed Willington Heights case in Tardeo. In August 2025, the Bombay High Court directed residents occupying the top 17 floors of the building to vacate because those floors lacked an Occupation Certificate. Although the project had received a partial OC, families living in the unauthorised portion had to shift to alternate accommodation until the building is regularised.

The case highlighted the difficulties faced by homebuyers who purchased flats in approved projects but later became caught in legal and regulatory disputes beyond their control. Media reports citing the civic estimates said that nearly 58,000 buildings across Mumbai are awaiting Occupation Certificates.

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