Mumbai: Flats in buildings without an occupation certificate will henceforth not be registered. Also, flats with an area larger than the sanctioned area will not be registered. This is to prevent the construction of illegal buildings and protect consumers from being financially defrauded.
Last month, revenue minister Chandrashekhar Bawankule issued these orders in a meeting to discuss measures to prevent illegal constructions.
In a circular issued on Monday, the revenue dept directed all sub-registrars responsible for registration of property documents to follow the orders.
If the construction is not required to be registered with MahaRERA then the construction permission/commencement certificate from the competent authority must be provided. Other documents include approved construction plan in which the area of the flat is mentioned.
If the area of the flat mentioned in the document is more than the area in the sanctioned map, the flat will not be registered.
The circular warns that if any sub-registrar deliberately registers the document of unauthorised construction without complying with the instructions issued in the circular, a departmental inquiry will be initiated against the sub-registrar.
CM
Devendra Fadnavis has highlighted the massive volume of unauthorised constructions across the Mumbai Metropolitan Region and in various parts of
Maharashtra describing them as legacy issues origination from decades-long infrastructure backlogs and lax systemic oversight.
Sathyen Prasad, a techno-legal consultant to the real estate industry, said the govt cannot issue a blanket direction refusing registration of property documents merely because the building lacks an OC or sanctioned-plan documents because the directive lacks the force of law as it is not backed by any statutory prohibition or validly framed laws. “The circular is an executive instruction and cannot supersede statutory act and rules,” he said.
