How to Make an Illegal House Legal: A Simple and Clear Guide

Owning a house in India is a big dream for most people. It could be a family flat in Mumbai or a small home in Hyderabad. But what if one day you find out your house is illegal?

Don’t panic. You are not alone, and there are clear steps you can take to fix it. This guide will explain in plain, easy words what an illegal house is, why it’s risky, and how you can make it legal again.

Let’s get started.

What Is an Illegal House?

An illegal house is a home that was built without full permission from the government or local authority like the BMC in Mumbai or the HMDA in Hyderabad.

Sometimes, even if you got permission, the builder may have changed the plan later, which also makes it illegal.

Common Reasons a House Becomes Illegal

• Extra floors: Adding one or two more floors than allowed.
• Less open space: Building too close to the boundary or covering areas that should be left open.
• Unapproved plots: Constructing on land that’s not officially approved for housing.
• Small changes: Merging two rooms, covering a balcony, or using parking space for another purpose without permission.
• No Occupancy Certificate (OC): Not getting the final paper that says the building is safe and ready to live in.

Even small mistakes can make your house “unauthorised,” so it’s important to fix them early.

Why You Should Not Ignore It

If your house is illegal, closing your eyes and hoping the problem goes away will only make it worse.

Here’s what can happen:

• Demolition: The local authority can order part or all of your house to be torn down.
• No bank loan: Banks don’t give loans for illegal houses.
• Big fines: You may have to pay a heavy penalty later.
• No water or electricity: These services can be stopped for illegal buildings.
• No redevelopment: In Mumbai, buildings can’t go for redevelopment unless all flats are legal.

So, if your house is illegal, it’s always smarter to make it legal.

Steps to Make an Illegal House Legal

Legalising an illegal house means applying for regularisation an official process to approve your building after it’s already built. The rules may change from state to state, but the basic steps are similar everywhere.

Step 1: Check What’s Wrong

First, find out exactly what part of your house is illegal.

• Get your building plan: Go to your local municipal office and get a copy of the original approved plan.
• Hire an architect or engineer: They’ll check your home and make a drawing of what’s actually built this is called an “as-built plan.”
• Compare the two plans: See where your building differs from the approved plan.
• Do a safety check: The engineer will also check if your house is safe and strong.

Step 2: Collect the Needed Documents

Before applying, gather some important papers:

• Your property papers (like Sale Deed or Title Deed)
• Property tax receipts
• The as-built plan from your engineer
• A Structural Safety Certificate
• Any required NOCs (like from the Fire Department)

For NRIs: If you live abroad, give a Power of Attorney (PoA) to a trusted person or a consultant who can do the paperwork for you in India.

Step 3: Apply for Regularisation and Pay the Fee

Now, it’s time to apply.

• Your architect or consultant will submit the regularisation form to the local authority.
• The officials will calculate a compounding fee basically a fine you pay to make your illegal area legal.
• Pay the fee online or by demand draft.

Examples:

• Small changes: Like a balcony or setback issue usually a small fee.
• Extra floors: A much higher fee, sometimes 70–100% of the official land rate.
• Illegal construction on public land: Can’t be legalised and must be removed.

Step 4: Site Visit and Verification

Next, government officers will visit your house. They’ll check:

• If your current house matches the drawing you submitted
• If all safety standards are followed
• If you have removed any parts that cannot be regularised

If everything is okay, they’ll approve your case.

Step 5: Get the Regularisation Certificate

Once approved, you’ll get a Building Regularisation Certificate (BRC).

This paper means your home is now officially legal. You can then get an Occupancy Certificate (OC), which allows you to sell, insure, or redevelop your property without worry.

For Housing Societies in Mumbai

In Mumbai, many old buildings and societies want to redevelop but can’t because their current structure has illegal parts.

Before starting redevelopment:

• Do a legal check: Make sure all flats and floors are regularised.
• Follow DCPR 2034 rules: These are Mumbai’s latest redevelopment laws.
• Group regularisation: If small violations exist across many flats, societies can apply together to save time.

For NRIs Handling It from Abroad

If you live outside India, you can still manage the process easily.

• Give a Power of Attorney to someone trustworthy in India.
• Use online portals to submit forms and pay fees.
• Ask for video calls, photos, or drone updates to check the progress.
• Always work with RERA-registered consultants and pay fees directly to the government, not to agents.

Frequently Asked Questions (FAQ)

1. What is an illegal house?

A house built without full permission or one that doesn’t follow the approved plan.

2. Can I legalise my house after it’s built?

Yes. You can apply for building regularisation, fix any issues, and pay the compounding fee.

3. What documents do NRIs need?

Power of Attorney, property papers, tax receipts, as-built plan, and safety certificate.

4. How much does it cost to legalise an extra floor?

It can be expensive usually 70–100% of the official land rate for the extra area.

5. What is setback regularisation?

It means paying a small fine to fix cases where your building covers part of the space that should’ve been left open.

Final Words: Fix It and Feel Free

Making your illegal house legal might take time, but it’s worth every effort. Once you do it, you’ll sleep peacefully knowing your home is safe, secure, and recognised by the law.

Don’t wait for a notice or penalty to act.
Take the first step today get your documents checked, talk to an expert, and make your home legal for good.

Your home should give you peace, not worry.

About lawcrust Realty

At LawCrust Realty, we stand apart as a premium real estate consulting partner for NRIs worldwide, offering end-to-end solutions in Property Management, Property Regularisation, Construction & Redevelopment, and Project Management Consulting.
Rooted in a legacy of legal and hybrid consulting, we understand the unique challenges NRIs face in managing and safeguarding Indian assets. Our mission is to bridge these gaps through compliance-driven execution, strategic foresight, and client-first innovation.
Whether it’s managing NRI-held properties, transforming long-pending assets into legally regularised holdings, or delivering turnkey redevelopment solutions LawCrust Realty combines authority with accessibility.
By choosing us, you don’t just solve property challenges from overseas you future-proof your assets with one of India’s most trusted and forward-thinking realty partners.

Contact LawCrust Today

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