Stopping Illegal Construction Your Rights and Penalties

Have you ever seen someone building something near your home that looks wrong or unsafe? It could be an illegal construction. Many people, including NRIs, face this problem. You spend your money on your home, and then someone builds illegally nearby, putting your property at risk.

This guide explains what illegal construction means, what you can do, and what punishments apply. It also tells you how to stop it early and make sure your property stays safe.

What Is Illegal Construction?

Illegal construction means building or changing a house or building without getting permission from the local office. It also includes not following the approved building plan.

Some examples are:

• Adding extra floors that are not approved.
• Building on government or open land.
• Using a house as a shop or office.
• Ignoring building or safety rules.
• Not following housing society rules.

In Mumbai, the BMC and MMRDA keep a close watch on such cases. You can check if a building is legal by asking for its approved plan or regularisation certificate.

Why Illegal Construction Is Bad

Illegal construction harms everyone.

• It can weaken nearby buildings and cause cracks.
• It often leads to fights between neighbours.
• It reduces the value of your property.
• It puts pressure on water, power, and other services.
• You may get fined even if you bought the property without knowing it was illegal.

For NRIs, this problem is harder because they live far away. Taking quick action helps avoid big losses.

Your Rights

Indian law gives you the right to act against illegal construction. The MRTP Act and other laws protect you.

You can:

• File a complaint with the local office or police.
• Ask the court to stop the work.
• Ask for money as compensation if your property is harmed.

NRIs can take action through someone with Power of Attorney or a local agent. Complaints can also be made online through the BMC website.

How to Stop Illegal Construction

If you see something wrong, act fast.

• Collect proof: Take pictures, write down dates, and note details.
• Check approvals: See if the builder has permission and safety certificates.
• Talk politely: Sometimes, small issues can be fixed by talking.
• File a complaint: Submit it to the local authority and keep a copy.
• Call police if needed: If there is damage or trespassing, inform the police.
• Go to court: If nothing happens, ask the court to stop the work.

Quick action can stop the problem from getting worse.

Penalties for Illegal Construction

The government gives strict punishments to stop illegal building work.

These include:

• Demolition: The illegal part can be torn down.
• Fines: The builder may have to pay large amounts of money.
• Higher taxes: Property tax may be increased.
• Jail: Builders can go to jail for repeat offences.
• Cutting utilities: Water and electricity can be stopped.

In Maharashtra, builders may even have to pay up to ten times the cost of demolition.

Can Illegal Buildings Become Legal?

Sometimes, small mistakes in construction can be made legal by paying a fee. This is called regularisation.

• Apply to the municipal office.
• Give all papers like plans and tax receipts.
• Pay the fees.
• Get a certificate that makes the building legal.

Big or unsafe buildings cannot be made legal.

Regularisation and Redevelopment in Mumbai

Mumbai has special rules for redevelopment and regularisation. Some builders don’t follow them.

To stay safe:

• Choose registered builders who follow all rules.
• Make sure your housing society gets all approvals before starting work.
• Always ask for the regularisation certificate after completion.

Following rules protects your home and avoids demolition.

Common Myths About Illegal Construction

• Myth 1: Everyone builds extra floors, it’s fine.
• Truth: Civic bodies often demolish such illegal parts.
• Myth 2: Neighbours can’t stop me.
• Truth: They can complain and get a court order.
• Myth 3: I can legalise anything later.
• Truth: Only small mistakes can be fixed, not major violations.

How to Prevent Illegal Construction

• Hire builders with valid licences.
• Get all plans approved before building.
• Keep track of new housing rules.
• Take help from trusted property experts like LawCrust Realty.

FAQs

Q1. How can NRIs report illegal construction in Mumbai?

They can file a complaint online through the BMC website or through a local representative.

Q2. Can an illegal building be made legal later?

Yes, only if the mistake is small and safe.

Q3. What is the cost to regularise an extra floor?

It depends on the size and type of violation.

Q4. How can I check if my property is legal?

Check the approved plan, RERA number, and regularisation certificate.

Q5. What happens if I ignore a demolition notice?

The authority can demolish it and charge you for it.

Q6. How can housing societies stop illegal redevelopment?

Societies must make sure builders get proper permissions before starting work.

Q7. What are the punishments for illegal construction?

Fines, higher taxes, jail time, or demolition.

Stay Alert and Protect Your Property

Knowing your rights helps you act with confidence. Stay alert, follow legal steps, and report illegal construction early. This will protect your home, money, and peace of mind.

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