FSI Limits After Occupation Certificate for Promoters

In the complex world of real estate development in India, particularly under regulations like the Maharashtra Ownership Flats Act (MOFA), 1963, developers (often called promoters) face strict boundaries once key milestones are achieved. One burning question for developers, housing societies, and buyers alike is: Once an Occupation Certificate is granted, can the promoter utilize FSI of the land?

This issue often arises in redevelopment projects, layout developments, and disputes over additional Floor Space Index (FSI). Generally, the answer is no—promoters cannot unilaterally exploit additional FSI without fresh approvals. This blog post dives deep into the legal principles, court rulings, and practical implications, drawing from judicial precedents to provide clarity.

What is an Occupation Certificate and Why Does It Matter?

An Occupation Certificate (OC) is a crucial document issued by local authorities, such as municipal corporations, confirming that a building complies with sanctioned plans, safety standards, and permissible FSI limits. It signals the structure is fit for occupation. [