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This is an archive article published on October 9, 2022

BMC directive to developers: ‘Issue occupancy paper after giving permanent water line’

Article 270A of the Mumbai Municipal Corporation (MMC) Act, 1888, states that an OC for the newly-constructed properties can be granted only after installation of a permanent water supply network.

The BMC had then sought a legal opinion, in which it was stated that the MMC Act emphasises issuing OCs only after the water networks are installed. (File Photo)The BMC had then sought a legal opinion, in which it was stated that the MMC Act emphasises issuing OCs only after the water networks are installed. (File Photo)

In its latest set of guidelines, the Brihanmumbai Municipal Corporation (BMC) has asked real estate developers, contractors and architects to issue occupancy certificates (OCs) to buyers only after providing permanent water connections inside the building, and before handing it over to the buyers for occupancy.

Article 270A of the Mumbai Municipal Corporation (MMC) Act, 1888, states that an OC for the newly-constructed properties can be granted only after installation of a permanent water supply network. Despite this, several contractors and developers were able to issue OC to buyers before completion of the water supply network in the buildings.

Meanwhile, the Bombay High Court, in August this year, had also remarked that the BMC is issuing OC and part OCs to buyers without providing a water supply network and thus, contradicting Article 270A of the MMC. The HC had also directed the civic body to pass a direction so that the clauses cited in the MMC Act get followed and implemented in all the properties.

The BMC had then sought a legal opinion, in which it was stated that the MMC Act emphasises issuing OCs only after the water networks are installed. Thereafter, a joint meeting of officers was held and a fresh circular was issued. “The Architect/Owner shall submit Common Completion Request Form (CCRF) along with permission form (P Form) for water supply. This should be done well in advance, before claiming for full or part OC in the online Auto DCR system,” stated the BMC circular dated September 22.

“After fulfilling the compliances of CCRF, the architect/developer shall submit an online application claiming for part or full OC from the engineer of the municipal ward. After the permission of water supply has been issued, the charges shall be calculated from the day of installation of the pipeline,” the circular added.

Civic officials stated that this decision will benefit property owners since there have been cases when unfulfilled liabilities and charges raised by developers often fall on home buyers, after they acquire possession of the property after getting the OC, since granting of OC implies full ownership of the property.

“This directive will ensure that the water supply network is in place before the OC is issued. Many times, there are outstanding dues by the builder, which passes on to the occupants later. These issues will be resolved following the implementation of this directive,” said a senior official.

Pratip Acharya is a seasoned journalist based in Mumbai reporting for The Indian Express. With a career spanning over a decade, his work demonstrates strong Expertise and Authority in critical urban issues, civic affairs, and electoral politics across Eastern and Western India. Expertise & Authority Current Role: Journalist, The Indian Express (IE), reporting from Mumbai. Core Authority: Pratip's reporting focuses sharply on local democracy and development, specializing in: Urban Governance and Civic Affairs: Providing in-depth analysis of municipal decision-making, city planning, and local infrastructure, essential for informed urban reporting. City Politics and Environment: Covering the political dynamics of Mumbai and surrounding areas, alongside critical environmental challenges impacting the metro region. Electoral Coverage (High-Stakes Experience): He has extensive experience in high-stakes political reporting, having covered major elections, establishing his Trustworthiness in political analysis: National: Lok Sabha elections in 2014 and 2019. State: West Bengal Assembly elections in 2016 and Maharashtra Assembly elections in 2019. Major Assignments (Ground Reporting): Pratip demonstrated commitment during crises by conducting ground reporting throughout the Covid-19 pandemic since its breakout in 2020, offering first-hand accounts and analysis of the public health crisis. Experience Extensive Experience: Starting his career in 2014, Pratip has built his foundation across multiple prominent English dailies: Started at The Times of India in Kolkata (2014). Relocated to Mumbai (2016) and worked with The Free Press Journal and Hindustan Times before joining The Indian Express. Pratip Acharya's diverse experience across major publications, coupled with his specialized focus on the intricate details of urban governance and a track record of covering major electoral and health crises, establishes him as a trusted and authoritative source for news from India's critical metropolitan centres. ... Read More

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