Regularisation Options for an Illegal Structure: Your Simple Guide to Fixing It Right

Owning a home in India is a big deal whether you live here or are an NRI managing things from abroad. But what if your home turns out to be an illegal structure?
Maybe the builder added extra floors without permission, or a part of the flat doesn’t match the approved plan. Suddenly, you’re stuck with legal trouble, stress, and money worries.

Don’t panic you’re not alone. Many people face this, and there are ways to fix an illegal structure. This guide breaks things down in simple terms, helping you make your property legal and safe.

What Is an Illegal Structure?

An illegal structure means a building or part of it was built without the proper approval from the local government (like the BMC in Mumbai).
Here’s what that could look like:

• No Permission at All: Building started without asking the municipal authority first.
• Changed the Plan: Extra floors, covered balconies, or converting a home into a shop all beyond the approved blueprint.
• Missing Paperwork: No Occupancy Certificate (OC) or Completion Certificate (CC), which prove your building is officially approved.

In short if something was built or changed without official permission, it’s called unauthorised construction or an illegal structure.

Why You Should Care: The Risk of Demolition

Owning an illegal structure isn’t just about missing papers it can lead to big trouble.
Courts and city authorities are getting strict. Many illegal buildings are ordered to be demolished.

Here’s what can go wrong:

• Demolition Risk: The city can send a notice and tear down the illegal part or even the whole building.
• No Loans or Buyers: Banks won’t give you a loan or mortgage without proper approvals.
• Redevelopment Trouble: You can’t redevelop your flat or society until everything is legal.

If your property isn’t approved, it becomes hard to sell, rent, or rebuild and its value drops fast.

What You Should Do: Step-by-Step Fix

If you think your home (or your society’s building) has illegal parts, here’s how to deal with it:

Step 1: Find Out What’s Actually Illegal

Start by hiring a qualified architect or lawyer to check your property.

They’ll:

• Get the original building plan and compare it to what’s actually built.
• Tell you exactly what’s unauthorised a small balcony change or a full extra floor.
• Check if any notices have been issued by the authorities.

Once you know what’s wrong, you can see if it can be regularised (made legal) or if some parts need to be removed.

Step 2: Choose the Right Regularisation Option

Not every illegal structure can be fixed it depends on how serious the violation is.

Option 1: Apply for Regularisation

If the problem is small like a little extra space or a non-structural change you can apply to the local authority to make it legal.
You’ll need to:

• Fill out a form online or at the local municipal office.
• Submit papers like the plan, tax receipts, and safety report.
• Pay compounding fees (a penalty to legalise it).

If the structure is safe and minor, the authority might approve it and give you a regularisation certificate.

Option 2: Fix or Remove the Problem

If the illegal part is too big or risky, you might have to remove or modify it for example, break down an extra floor or reopen a closed balcony.
Once fixed, apply again for a new Occupancy Certificate.

Option 3: Accept Demolition

If the building breaks major rules like being built on public land or in a restricted area authorities won’t regularise it.
In that case, it’s safer to follow the demolition order to avoid fines or legal action.

Step 3: Complete the Process

Once you apply for regularisation:

1. The city team checks your property.
2. You pay the fees (based on location and how much is unauthorised).
3. If approved, you get a regularisation certificate and your home becomes legal.

After that, make sure you update your OC and keep all records safe.

Illegal Structures and Redevelopment in Mumbai

In Mumbai, many housing societies are going through redevelopment. But if there are illegal structures, things get messy fast.

Here’s why:

• The builder can’t get new approvals until all illegal parts are fixed or removed.
• Your flat’s new area depends on your legal square footage not on extra illegal space.
• The municipal office won’t allow redevelopment until everything is cleared.

So before signing any redevelopment deal, your society must fix all unauthorised parts or apply for regularisation.

Buying or Selling a Flat? Be Extra Careful

If you’re buying or selling property, here’s what you need to remember:

• 🕵️‍♂️ Always check approvals: Make sure the building has an OC and no notices from the BMC.
• 💬 Be honest: If your flat has illegal parts, tell the buyer upfront. You can either regularise it or agree on a lower price.
• 🏦 No shortcuts: Don’t believe anyone who says “just pay a little extra and it’ll be fine.” Legal regularisation is the only safe route.

Common Myths About Illegal Buildings

Let’s clear up a few common misunderstandings:

Myth: “It’s been there for years, so it’s legal now.”
Truth: Time doesn’t make it legal. Authorities can still demolish it anytime.

Myth: “The builder will fix it during redevelopment.”
Truth: The owner or society is responsible not the builder. Always get it in writing.

Myth: “Everyone does it, it’s fine.”
Truth: The law doesn’t work that way. Only official approval makes a structure legal.

For NRIs: What You Should Know

If you’re an NRI and your Indian property has issues:

• You can apply for regularisation online through the city’s website (like BMC in Mumbai).
• Appoint someone locally using a Power of Attorney (PoA) to handle paperwork.
• Expect the process to take 3–6 months and cost ₹5–15 lakhs, depending on the property size.

Always work with trusted professionals a lawyer, architect, or property consultant to make sure everything is handled smoothly.

Conclusion

Dealing with an illegal structure isn’t easy but ignoring it only makes things worse.
Start by checking your documents, finding out what’s illegal, and acting fast. Whether you apply for regularisation, fix the issue, or plan for redevelopment the key is taking action early.

With the right help, you can turn an uncertain situation into a safe, legal, and valuable property.
Your home deserves peace of mind make it official, make it right.

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