How to Make or Remove an Illegal Building in India

Have you found an illegal building on your land in India while living abroad? Many NRIs and local owners face this issue. It often happens when someone builds without permission or changes the use of a building.

Imagine you inherit a house in Mumbai. You then find your neighbour has built one extra floor without approval. It blocks sunlight, breaks rules, and may be unsafe. What can you do? You can make it legal or ask the government to remove it.

What Is an Illegal Building

A building is illegal when made without approval from the local authority like the BMC or MMRDA.

Under Indian law, any work done without permission is called unauthorised. Examples include:

• Adding extra floors not in the approved plan
• Turning a house into a shop or office
• Extending balconies or rooms without permission
• Building on open or restricted land

These violations are common in cities like Mumbai. They cause safety issues and legal trouble for owners.

Dangers of Ignoring an Illegal Building

Ignoring an illegal structure can cause many problems:

• Fines: You may have to pay large penalties each year.
• Demolition: The court can order it to be removed.
• Low Value: Buyers avoid such properties.
• Utilities Stopped: You may lose water or electricity.
• RERA Issue: You cannot sell or register the property until it becomes legal.

For NRIs, managing these issues from another country can be harder. Acting early helps avoid bigger losses.

How to Make an Illegal Building Legal

You can apply to make an illegal building legal if it follows safety rules.

• Check Eligibility: Make sure the building can be approved under your state’s scheme.
• Hire an Architect: They prepare drawings and reports.
• Collect Papers: Keep property deeds, old plans, and photos ready.
• Submit Form: Give it to the local body like the BMC or MMRDA.
• Pay Fees: The fee depends on how much extra space was built.
• Get Certificate: Once approved, your building becomes legal.

Example:
An NRI in Canada owned a flat in Mumbai with an extra room built without permission. They applied under the regularisation scheme, paid the fees, and got it approved.

How to Get a Demolition Notice

If someone nearby built an illegal floor or structure, you can report it.

• Collect Proof: Take photos and keep property papers.
• Submit Complaint: File it with your local authority like the BMC.
• Inspection: The authority checks the site and issues a notice to the builder.
• Decision: If the builder cannot prove it is legal, the authority orders demolition.
• Action: The structure is removed and recorded on video.

If you live abroad, you can give Power of Attorney to someone in India to act for you.

Rules for Buildings in Mumbai

Mumbai follows DCPR 2034 rules for all buildings and redevelopment projects.

Important Points:

• At least 51% of society members must agree before redevelopment.
• Builders must follow RERA and local building rules.
• Illegal parts of a building must be legalised before redevelopment starts.
• Good builders always check all approvals before work begins.

How NRIs Can Handle These Problems

You can manage your Indian property from abroad easily:

• Give Power of Attorney to a trusted person.
• Use online government portals to apply for approval.
• Hire a property consultant to handle paperwork.
• Stay updated on redevelopment news and new rules.

These steps help you protect your property while living overseas.

Common Myths

• Myth: Paying property tax makes your building legal.
• Fact: Only a regularisation certificate can make it legal.

• Myth: Illegal buildings become legal over time.
• Fact: Time does not make an illegal building legal.

• Myth: NRIs cannot handle this from abroad.
• Fact: With Power of Attorney, they can manage everything.

Real Examples

• A housing society in Mumbai found one member built an illegal floor. The BMC removed it within two months.
• An NRI landlord found that tenants made illegal changes. They applied for regularisation and restored the property’s value.

Taking quick action saves time and money.

Future of Building Regularisation

• States like Maharashtra and Karnataka offer new schemes to legalise small illegal buildings.
• Online systems make it easy for NRIs to apply.
• Redevelopment projects must follow strict building laws.

FAQs

Q1. Can NRIs legalise a building from abroad?

Yes. You can do it through a Power of Attorney.

Q2. What happens after getting a demolition notice?

You must reply quickly. You can appeal or apply for regularisation.

Q3. What are the fees for making a building legal?

Fees depend on city, size, and how much is built illegally.

Q4. How to report an illegal building?

Submit a complaint with photos and details to your municipal office.

Q5. Can I sell an illegal property?

No. You can sell it only after it becomes legal.

Q6. How do builders handle unauthorised parts during redevelopment?

They make sure everything is approved before new work starts.

Q7. Does legalisation make my property safe to sell or mortgage?

Yes. Once approved, your property becomes fully legal.

Final Words

Illegal buildings cause stress and loss. Fixing the problem early helps protect your property. Whether you live in India or abroad, you can make your building legal or report illegal ones. Acting on time keeps your property safe and valuable.g regularisation, following the regularisation process, or taking timely action for demolition ensures your property remains safe, compliant, and valuable.

About lawcrust Realty

At LawCrust Realty, we stand apart as a premium and top real estate consulting partner for NRIs across the globe, offering end-to-end solutions in Property Management Services, Property Regularisation, Construction & Redevelopment, and Project Management Consulting. Born out of a legacy in legal and hybrid consulting, we understand the unique challenges NRIs face in protecting and growing their Indian assets – and we bridge them with compliance-driven execution, strategic expertise, and client-first innovation. Whether it is managing NRI-held properties, transforming long-pending assets into legally regularised ones, delivering turnkey redevelopment solutions, or guiding housing societies with independent project management consulting, LawCrust Realty combines authority with accessibility. By choosing us, you do not just solve property challenges from overseas – you future-proof your assets with one of India’s best and most trusted realty partners.

Contact LawCrust Today

• Call Now: +91 8450968472
• Email: inquiry@lawcrustrealty.com