Non Occupancy Charges in Maharashtra
Non occupancy charges in Maharashtra are fees that cooperative housing societies can levy when a flat is not occupied by the owner or their close family and is given on rent. As per government circulars, these charges are capped at 10% of the monthly service charges, excluding property tax and other statutory dues like water charges. For residents and managing committees, understanding non occupancy charges in Maharashtra helps prevent disputes, overcharging, and confusion in maintenance billing.
What Are Non Occupancy Charges in Maharashtra?
Non occupancy charges in Maharashtra are additional charges collected by Cooperative Housing Societies when a member or their immediate family does not stay in their flat and gives it on rent or to paying guests.
These charges are regulated under the Maharashtra Cooperative Societies Act, 1960. Societies cannot arbitrarily decide the amount. The state government has clearly fixed a maximum limit.
In simple terms, if you rent out your flat, your society can charge you extra. But that extra amount must follow strict rules. In simple terms, if you are earning rent from your flat and not staying there yourself, the society can charge a small additional fee. However, this fee is strictly regulated.
These charges:
- Are applicable only in specific situations
- Cannot exceed 10% of service charges
- Must follow the non occupancy charges circular maharashtra
Understanding this helps both owners and managing committees avoid disputes.
What Does the Maharashtra Government Circular Say About Non Occupany Charges?
The Maharashtra government circular on non occupancy charges issued on 1 August 2001 under Section 79A of the Maharashtra Cooperative Societies Act fixed the upper cap at 10% of service charges.
This was later reinforced through another resolution dated 25 February 2011. Together, these form the basis of the current non occupancy charges circular maharashtra societies must follow.
Key Rules from the Non Occupancy Charges Circular Maharashtra
- Maximum Limit: The society cannot charge more than 10% of monthly service charges
- Not on Total Bill: It cannot be calculated on the full maintenance bill
- Includes: Should be calculated only on the service charges
- Excludes: Property tax, water tax, sinking fund, and electricity charges
- Legally Binding: Any bylaw or general body resolution exceeding 10% is invalid
The maharashtra government circular on non occupancy charges makes it clear that societies cannot create their own higher rates. If they do, members can challenge it before the Deputy Registrar of Cooperative Societies. The circular ensures uniformity across societies and prevents overcharging.
How Are Non Occupancy Charges Calculated?
Understanding calculations is important when reviewing your maintenance bill. To calculate correctly, follow these steps:
Step 1: Identify Service Charges
Check your maintenance bill. Isolate the service charge portion. This usually includes:
- Staff salaries
- Common electricity
- Society office expenses
- Committee sitting fees
- Printing and stationery
- Cleaning and security
Step 2: Exclude These Items
They do not include:
- Property tax
- Water charges
- Sinking fund
- Major Repair fund
Step 3: Apply 10%
Multiply only the service charge amount by 10%. That is your legal non occupancy charge.
For example,
If your service charge component is ₹3,000 per month:
10% of ₹3,000 = ₹300
So the maximum non occupancy charges in society that can be levied are ₹300 per month. Societies cannot calculate 10% on the total maintenance amount.
When Are Non Occupancy Charges Applicable?
Non occupancy charges in Maharashtra apply when:
- The flat is rented to a third party
- The flat is used for paying guest accommodation
- The owner and their immediate family are not residing in the flat
- The flat is given on a leave and license agreement
- The property is generating rental income
- The flat is owned by a company and occupied by someone not considered a family member
A Simple Key Test
Is the owner or their defined family staying in the flat?
If the answer is no and the flat is rented out, the society can levy non occupancy charges.
When Non Occupancy Charges are Not Applicable?
Housing societies cannot charge non occupancy charges in Maharashtra in the following situations:
- The flat is locked and vacant without rental income
- The owner’s spouse, children, siblings, parents or in-laws are staying
- Close relatives defined in the bylaws are residing
- The unit is occupied by family members, even if the owner lives elsewhere
Some societies attempt to charge non occupancy charges even when the flat is simply locked, not rented and vacant. However, government guidance states that if there is no commercial benefit and no tenant, such charges may not be justified. If you face such a situation, you can approach the Registrar.
Read also: What is Occupancy Certificate?
What Do Maharashtra Society Bylaws Say About Non Occupancy Charges?
The Maharashtra society bylaws non occupancy charges provisions align with government circulars.
Model bylaws state
- The 10% cap is mandatory
- Societies cannot create internal resolutions exceeding the limit
- The calculation must be based only on service charges
- Tenancy agreements cannot be interfered with
Societies also cannot dictate rental value or restrict members from renting out their flats unless specific legal grounds exist. Any bylaw that contradicts the state circular becomes invalid.
How to Handle Disputes on Non Occupancy Charges?
Disputes around non occupancy charges in Maharashtra usually involve:
- Charging more than 10%
- Applying charges to the total maintenance
- Charging for vacant locked flats
- Not clearly showing the service charge breakdown
- Not following the non occupancy charges circular maharashtra
- Including property tax in the calculation
What Can Members Do?
- Request a written calculation breakdown
- Refer to the maharashtra society bylaws non occupancy charges provisions.
- Submit a written complaint to the managing committee
- Approach the Deputy Registrar of Cooperative Societies if unresolved
Keep all communication documented. Always inform the society in writing when renting out your flat. Most issues get resolved when members cite the correct government circular.
Read also: Sample Complaint Letter Format to Registrar of Societies
Why Understanding Non Occupany Charges Matters?
Non occupancy charges in maharashtra are not meant to penalise owners. They are meant to ensure fairness in shared expenses when rental income is being earned.
For residents, clarity prevents overpayment.
For committees, compliance prevents legal trouble.
For societies, transparency builds trust.
When everyone understands the 10% rule and the non occupancy charges circular maharashtra, conflicts reduce significantly
How NoBrokerHood Supports Transparent Society Management
NoBrokerHood is a society management app which helps to digitise billing and maintenance records. Through automated maintenance calculations and transparent ledger systems, societies can clearly separate service charges from statutory components. Below is a breakdown aligned with the services it provides:
| Features | How It NoBrokerHood Supports |
| Maintenance Billing Module | Configure and apply non-occupancy charges automatically to applicable flats |
| Accounting & Ledger Management | Record charges separately for clear financial tracking and audit readiness |
| Resident Database Management | Identify tenant-occupied units and update occupancy status in real time |
| Reports & Financial Dashboard | Generate summaries of collected non-occupancy charges for committee review |
| Payment Tracking & Reminders | Send automated payment reminders and track pending dues |
| Communication & Notices | Share circulars, policy updates, and charge breakdowns with residents digitally |
| Document Management | Store bye-laws, government circulars, and society resolutions for reference |
This reduces confusion around non occupancy charges in Maharashtra and ensures committees follow government guidelines. When billing is transparent and visible to residents, disputes reduce, and compliance improves.
All Solutions by NoBrokerHood:
FAQs
The maximum limit is 10% of the monthly service charges component of the maintenance bill. It cannot be calculated on the total bill and must exclude property tax and sinking fund.
If the flat is locked and not rented out, many legal interpretations say charges should not apply. However, disputes may arise and can be taken to the Registrar if needed.
No. The maharashtra government circular on non occupancy charges clearly caps the charge at 10%. Any higher amount is legally invalid.
No. If the flat is occupied by spouse, parents, children, siblings, or defined close relatives, non occupancy charges in maharashtra do not apply.
You can file a complaint with the Deputy Registrar of Cooperative Societies in your jurisdiction if your society violates the circular.
No. Societies cannot decide your rent amount or block tenancy without valid legal grounds. They can only levy the capped 10% non occupancy charge.