Occupancy Certificate or OC in Mumbai
What is an Occupancy Certificate or OC?
An OC or Occupancy Certificate is a certificate issued by the Municipal Authorities allowing a newly constructed building to be occupied / fit for human habitation. Occupancy Certificate is also mistakenly called an Occupation Certificate.
Who issues the OC?
The local municipal corporation is supposed to issue the OC. Incase of Mumbai, the Brihanmumbai Municipal Corporation BMC may issue the Occupancy Certificate.
Under which law is the Occupancy Certificate issued?
In Mumbai, the OC is issued under the Development Control and Promotion Regulations for Greater Mumbai, 2034 which were formulated under Section 31 of the Maharashtra Regional and Town Planning Act, 1966 (Mah. Act No. XXXVII of 1966). The present DCPRegulations came into force on 13th November 2018.
ANNEXURE 20 of (Regulation 11(7)) provides a Form for Occupancy certificate which is issued by the Municipal Commissioner.
Regulation 11(7) states that:
(7) Occupancy certificate: On receipt of the acceptance of completion certificate in the form given at Annexure 19, the owner, through his licensed surveyor or his architect shall submit to the Commissioner a development completion certificate in the form given at Annexure 16 with three copies of the completion plan, one of which shall be cloth mounted for record. The Commissioner may inspect the work and after satisfying himself that there is no deviation from the sanctioned plans, issue an
occupancy certificate in the form given at Annexure 20 or refuse to sanction the occupancy certificate within 21 days from the date of receipt of the said completion certificate, falling which the work shall be deemed to have been approved for occupation, provided the construction conforms to the sanctioned plans. One set of plans, certified by the Commissioner as the completed plans, shall be returned to the owner along with the occupancy certificate. Where the occupancy certificate is refused, or rejected, the reasons for refusal or rejection shall be communicated to the owner in writing.
Can an Occupancy Certificate be issued for only a part of the building and not the whole building?
Yes. A “Part OC” can also be issued for a part of the building or particular floors of a building, while other floors may still be under construction or may be awaiting completion.
Regulation 11(8) states that:
(8) Part occupancy certificate /part building completion certificate: When requested by the owner, the Commissioner may issue a part occupancy certificate /accept part building completion certificate
for a building or part thereof, before completion of the entire work as per the development permission, provided sufficient precautionary measures are taken by the holder to ensure public safety and health. The part occupancy certificate/part building completion certificate shall be subject to the owner’s indemnifying the Commissioner in the format given at Annexure-21.