Unauthorised Construction: Legal Solutions, Regularisation, and NRI Guidance

What to Do If Someone Built Something Illegal (Unauthorised Construction) on Your House.

Imagine your family owns a flat in Mumbai, but you live with your parents in Dubai or the US. One day, a scary letter arrives from the government. It says part of your building is “illegal” or “unauthorised construction” – maybe your uncle added an extra room years ago, or the society closed the balcony without asking. Your mom starts stressing: “Will they break our house with bulldozers? Can we ever sell it?”

Chill. This happens to thousands of families every year. You’re not doomed! Here’s the easiest plan ever, explained like I’m telling my 15-year-old cousin.

First, What Even Is “Illegal Construction” (Unauthorised Construction)?

It just means someone built or changed something without taking permission from the city office (like BMC in Mumbai).
In simple words, unauthorised construction = construction done without official approval.

Here are easy examples teens understand:

  • Someone added a whole new floor on top (an unauthorised construction that makes the building too tall!).
  • They built extra rooms that eat into the open space the rules say you must leave also unauthorised construction.
  • They turned a home into a shop or gym without asking another example of unauthorised construction.
  • They closed the balcony with walls and made it a room (a super common type of unauthorised construction).

Why Is This a Big Deal?

If you ignore it, bad stuff happens:

  1. They can actually send bulldozers and smash that part!
  2. Huge fines (lakhs of rupees).
  3. Banks won’t give loans on the flat.
  4. You can’t sell it properly.
  5. The building can become weak and dangerous when it rains hard.

Your Action Plan (You Can Totally Do This!)

Step 1: Find Out Exactly What’s Wrong

  • Call a building expert (architect) in Mumbai. They come, measure everything, and tell you “okay, this balcony is the problem” or “the whole top floor is extra.”
  • Collect old papers of the building (your parents probably have them).

If you’re outside India → give Power of Attorney (like a permission slip) to a trusted uncle/aunt or lawyer in Mumbai so they can run around for you.

Step 2: Two Main Ways to Fix It

Way 1: Pay Money & Make It Legal (Called Regularisation) Best for small mistakes. Government keeps giving special schemes where you just pay a fine and they say “cool, it’s legal now.” There’s a brand-new scheme that started in October 2025 – super helpful for thousands of buildings!

Steps:

  1. Architect fills an online form.
  2. You pay the fine (depends on how big the mistake is).
  3. Government checks and says “done!” 🎉 No bulldozers.

Way 2: Remove the Illegal Part (or Make the Neighbor Remove It) Use this when the mistake is huge or your neighbor built something that blocks light or road.

Steps:

  1. Complain to BMC with photos.
  2. If they sleep on it, file RTI (a question paper that forces them to wake up).
  3. Still nothing? Go to court – the judge makes them delete it.

Bonus Level: Total Glow-Up (Redevelopment)

If the whole building is old and full of small illegal things, the best fix is: Knock down the old building → build a brand-new taller one! Everyone gets:

  • A bigger flat (20-30% extra space for free)
  • Extra money in the bank from the builder

It deletes ALL old illegal problems in one go. Many Mumbai societies are doing this right now.

FAQs

Q: I’m an NRI teen, my parents are panicking abroad. Can we fix it from here?

A: 100% yes! Just give Power of Attorney to someone trustworthy in India. They do everything online mostly.

Q: How much money are we talking?

A: Depends on the area and size of the mistake. Sometimes a few lakhs, sometimes more. But way cheaper than losing the whole flat!

Q: We got a demolition notice! Game over?

A: NO! You have 7–15 days to reply. Quickly hire a lawyer, reply properly, and ask for time. Most times they stop the bulldozer.

Q: Can we still sell the flat later?

A: After you fix it and get the papers → yes, and for good money too!

Conclusion

You got this! Illegal construction sounds scary, but it’s like any other problem – you just need the right steps. Tell your parents: “Don’t stress, we’ll hire an architect, use the new 2025 scheme or go for redevelopment, and everything will be fine.”

Take the first step today – one call to a good architect can save your entire house tomorrow. You’re the hero your family needs right now!

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.

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