What Are Unapproved Building Works in Mumbai? Your Easy Guide to Fixing Them

Imagine this: You’re in Dubai or London, looking at photos of your family home in Mumbai. You notice cracks in the walls. Then, a notice arrives from the BMC saying there are “unapproved building works.”

Your heart sinks. Is it that extra room your neighbour built? Or something bigger?

Don’t worry you’re not alone. Thousands of families and NRIs face this every year.

So what does it mean?
Unapproved building works happen when something is built that doesn’t match the city’s approved plan. These aren’t small mistakes they can cause big legal and money problems if you ignore them.

The good news? You can fix it. This guide will show you how to spot problems, make your building legal (regularisation), and even get ready for redevelopment in the future.

Understanding Unapproved Building Works

Every building has an approved plan. This plan is a promise between the owner and the city it ensures safety, proper space, and city rules are followed.
When someone breaks that promise, it’s called unapproved building works or unauthorised construction.

In Mumbai, the rules come from the MRTP Act, 1966, and the DCPR (Development Control and Promotion Regulations). These rules decide how tall your building can be, how much open space it must have, and more.

Why do people still break the rules?
Because space is tight and property prices are high. Many owners or builders try to add extra rooms or floors to earn more and that’s when problems begin.

Types of Unapproved Building Works

There are two main kinds:

1. Building Without Permission

This is when someone builds a floor, room, or entire structure without asking the BMC for approval. It’s the most serious kind.

2. Deviation from the Approved Plan

Here, the building plan was approved, but the actual construction turned out different maybe a balcony is bigger, or an extra room was added.

Common Examples of Unauthorised Construction

Here are a few things that count as unapproved building works:

• FSI Violation: Building more floors or area than allowed.
  Example: You’re allowed 5 floors but build 8.
• Setback Violation: Building too close to the edge of your plot, leaving no space for fire trucks or air flow.
• Change of Use: Turning a home into a shop without permission.
• Structural Changes: Changing major beams or columns without approval.
• Encroachment: Building on public land like a road or park. (This can’t be legalised.)

So, if your housing society ever talked about a “small extra room” or “extra floor,” that’s often unauthorised construction in disguise.

Why You Shouldn’t Ignore Unapproved Building Works

You might think, “It’s just one extra wall no big deal.”
But it is a big deal. Ignoring it can cause serious trouble.

1. Demolition Risk

The BMC can order you to stop work or even tear down the illegal part. You’ll have to pay the demolition cost yourself.

2. Safety Risks

Illegal changes weaken buildings. Remember the 2013 Mumbra collapse that killed 72 people? It happened because of unauthorised construction.

3. Financial and Legal Problems

• Without an Occupancy Certificate (OC), your home isn’t legally safe to live in.
• You can’t get home loans or sell the property easily.
• Fines can reach thousands of rupees or even jail time for serious cases.

For NRIs, hearing that your Mumbai flat might get demolished can be scary but quick action can save it.

How to Fix It: Make Your Building Legal

Don’t worry! In many Indian states, like Maharashtra, you can make an unauthorised building legal by paying a fine. Here’s how:

1: Find the Problem

• See how your building is different from the approved plan.
• Hire a property lawyer and a licensed architect.
• They’ll check if it’s a small fix or a big problem.

2: Check if It Can Be Fixed

• Your experts will tell you if it’s compoundable (can be made legal).
• Building on public land usually cannot be fixed.
• Collect all papers: old building plans, ownership proof, and your society’s NOC.

3: Apply for Regularisation

• Your consultant files the application online with BMC or the local authority.
• The city checks your building and tells you the fine or regularisation fee.
  (Example: small changes in Mumbai can cost around ₹750 per sq. meter)
• Pay the fee, fix any minor safety issues, and wait for approval.

4: Get Your Certificate

• Once approved, you get a regularisation certificate proof that your building is now legal.

Pro Tip: These schemes are often open for a short time. Don’t wait too long to apply!

How Regularisation Helps Redevelopment

In Mumbai, regularisation isn’t just about fixing problems it can unlock big redevelopment opportunities.

A property with illegal construction or no OC won’t attract good builders. Once you regularise, your property becomes clean and valuable again.

Here’s how that helps:

• Premium Builders prefer legal, clear-title properties.
• Higher FSI Benefits: You can build more area legally during redevelopment.
• Easy Loans: Banks give better construction loans for self-redevelopment.

So remember: Fix first, flourish later. Once you make your property legal, you open doors for bigger, better projects in the future.

FAQs

1. How can NRIs check if their building is legal in Mumbai?

Check the BMC’s online portal for the original building plan.
Hire a trusted lawyer or consultant to compare it with the actual building.

2. What is a minor deviation?

A small change, like a slightly bigger balcony or wall shift.
These usually can be fixed by paying a small fine.

3. What if I break setback rules?

You could pay big fines (up to 70% of the property value) or face demolition.
Fix it early by applying for regularisation.

4. Can NRIs make their building legal without coming to India?

Yes! Give a Power of Attorney (PoA) to a trusted lawyer who can handle everything online.

5. Why is regularisation needed for redevelopment?

Without it, you can’t get an Occupancy Certificate or work with good builders.
Regularisation makes your property fully legal and ready for redevelopment.

Conclusion

Whether you’re an NRI in New York or a homeowner in Andheri, taking charge now matters.
Regularise your building, keep it safe, and get it ready for future redevelopment.

Your home isn’t just a piece of land it’s your family’s story.
Make it legal, make it strong, and make it last for generations.

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