Introduction
After a prolonged delay of a year and a half, Haryana’s Department of Town and Country Planning (DTCP) has finally resumed issuing Occupation Certificates (OCs) for S+4 (stilt-plus-four-floor) residential buildings in Gurugram constructed without proper approvals. This development follows the recent lifting of a legal hold by the Punjab and Haryana High Court on a policy aimed at addressing unauthorized four-storey constructions in licensed colonies. The resumption of OC issuance provides crucial relief to property owners affected by the lengthy suspension.
Background: Construction Restrictions and Policy Developments
In early 2023, the Haryana government imposed stricter rules on building regulations, effectively halting the approval process for S+4 buildings without sanctioned construction plans. Previously, several property owners proceeded with constructing four-storey buildings despite receiving permissions for only two or three floors, resulting in an accumulation of over 100 unapproved structures across licensed colonies in Gurugram. This led to an impasse, as these buildings were not eligible for OCs, causing financial and practical issues for property owners.
The Haryana government sought a solution to regularize these structures and, in July 2023, introduced a compounding policy. Under this policy, owners could pay additional fees to obtain an OC for their property, provided they met specific compliance requirements. Although the policy seemed promising, implementation was delayed due to legal challenges in the Punjab and Haryana High Court.
Legal Proceedings and the Resumption of OC Issuance
The Punjab and Haryana High Court temporarily halted the compounding policy pending further legal review. However, after thorough examination, the court recently lifted its stay order, enabling DTCP to restart processing applications for OCs on a priority basis. This resumption marks a significant step toward normalizing the status of previously unauthorized structures, alleviating owners’ concerns, and allowing the department to clear the backlog of applications.
Since the lifting of the stay, the DTCP has received approximately 50 new applications, which it has begun processing with diligence. To date, around 25 applications have been granted OCs, while other buildings in the queue are expected to receive their certificates upon submission of the required fees. Additionally, some applications are undergoing further scrutiny to ensure compliance with the prescribed standards.
Process of OC Application and Compliance Inspections
The OC application process, as outlined by DTCP, is thorough, ensuring that each structure meets legal and safety standards before being certified. Property owners must apply for an OC, which prompts a series of inspections and reviews conducted by officials from the DTCP. The inspection process involves:
Verification of Building Plans and Compliance: DTCP officials assess the building’s layout to ensure compliance with approved building codes. Unauthorized modifications, such as additional floors beyond the approved plans, are noted.
Documentation Review: The department requires detailed documentation from the property owner, including approved construction plans, any modifications to the layout, and receipts of fees paid for compounding.
Neighbor Complaint Verification: To address community concerns, DTCP officials also verify that there are no complaints from neighboring residents about the construction. This step ensures that the issuance of OCs aligns with community harmony and local zoning standards.
Field Inspections by DTP (Planning): The District Town Planner (Planning) team inspects the property to confirm that there are no structural deficiencies, unapproved extensions, or outstanding fees. This ensures that the property is both safe for occupancy and legally compliant.
Impact on Property Owners
The resumed issuance of OCs is anticipated to significantly impact the real estate sector and property owners in Gurugram. Property owners facing delayed property transactions, rental agreements, and legal issues due to the absence of an OC can now obtain the necessary certification. By obtaining an OC, property owners gain assurance that their building is officially recognized, facilitating property transactions, loans, and other financial activities associated with the ownership and management of real estate.
The DTCP’s policy framework provides a path for previously unauthorized constructions to be regularized, offering property owners an opportunity to resolve legal and structural ambiguities.
Challenges and Future Considerations
Despite the policy’s promising start, DTCP faces challenges in implementing the OC issuance process for such a large volume of applications. Each case demands meticulous scrutiny, as even minor non-compliance could jeopardize the building’s eligibility for certification. Additionally, community complaints and unresolved documentation issues could potentially delay individual cases further.
DTCP officials recognize that while the policy provides relief, it also introduces challenges concerning regulation and enforcement. An official from DTCP noted that while the compounding policy resolves the issue of unauthorized construction, it requires continuous monitoring to prevent similar instances in the future.
Statements from DTCP Officials
Praveen Chauhan, the DTP (Planning) officer, shared insights into the department’s ongoing efforts to streamline the OC issuance process. He emphasized that DTCP is committed to addressing all compounding applications within designated timelines, aiming to resolve pending cases swiftly.
Chauhan assured that DTCP will support property owners by guiding them through the application process and providing information on required documents and fee payments. He also highlighted that the department prioritizes properties without significant structural deviations and ensures that community standards and safety remain a priority.
Conclusion
The Haryana DTCP’s resumption of OC issuance for S+4 buildings in Gurugram marks an essential development in the state’s real estate landscape, providing much-needed relief to property owners facing the consequences of unauthorized construction. The policy’s reactivation, coupled with a commitment to rigorous inspection and compliance, enables a systematic approach to resolving previously unapproved developments.
This measure reaffirms DTCP’s commitment to regularizing property ownership while balancing safety, community standards, and real estate growth. As the policy is fully implemented, it is expected to bring stability and assurance to Gurugram’s real estate sector, fostering a more structured and legally compliant environment for all stakeholders.
