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

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.