Maharashtra Enforces Ban on Flat Registrations Without Occupation Certificates
New regulations in Maharashtra prohibit the registration of flats lacking occupation certificates, aiming to curb illegal constructions.
Flats without occupation certificates will no longer be registered in Maharashtra.
The directive aims to protect consumers from fraudulent practices in real estate.
Sub-registrars face potential inquiries for non-compliance with the new regulations.
In a significant move to combat illegal constructions, the Maharashtra government has announced that flats in buildings lacking an occupation certificate will not be eligible for registration. This decision, which also applies to flats exceeding their sanctioned area, is aimed at safeguarding consumers from financial fraud and ensuring compliance with construction regulations.
The directive was issued by Revenue Minister Chandrashekhar Bawankule during a meeting focused on strategies to prevent unauthorized building activities. A circular released by the revenue department mandates all sub-registrars involved in property document registration to adhere strictly to these new guidelines.
To register a flat, builders must now provide either a construction permission or a commencement certificate from the relevant authority if the project is not registered with MahaRERA. Additionally, the approved construction plan must clearly indicate the flat's area. If the area listed in the documentation exceeds what is shown in the sanctioned map, registration will be denied.
This circular also includes a stern warning for sub-registrars: any intentional registration of documents for unauthorized constructions without following the outlined procedures will lead to departmental inquiries against them. This measure highlights the government's commitment to tackling the widespread issue of illegal constructions, particularly in the Mumbai Metropolitan Region, where such practices have been rampant due to historical infrastructure deficiencies and inadequate oversight.
However, some experts, like techno-legal consultant Sathyen Prasad, argue that the government's directive may lack legal enforceability. He contends that the circular, being an executive instruction, cannot override existing statutory laws and regulations. This raises questions about the long-term implications of the new policy and its effectiveness in addressing the challenges posed by unauthorized constructions in the state.
