How to Apply for Regularisation of Unauthorised Constructions in Society Premises
Have you discovered that your flat or a common area in your society has been built without proper approvals? This is a common and stressful situation for many people in India. The good news is that you can regularise these unauthorised constructions. This legalisation process is a crucial step to secure your property rights, avoid demolition notices, and ensure your home remains in full property compliance with the local authority.
This guide is for residents of housing societies and NRIs who want to understand the legal pathway to make their home legitimate. We will explain what regularisation involves, the necessary steps, and the financial implications, including the penalty you might face. Our goal is to empower you with the knowledge to navigate this complex legal landscape and protect your property from future legal challenges.
What Is Regularisation of Unauthorised Construction?
Regularisation is the formal legal process of obtaining retrospective approval from a local authority (such as a Municipal Corporation or Development Authority) for a construction that was built without the required building permission. This applies to everything from minor deviations from an approved plan, like an enclosed balcony, to entire structures built without any permission at all.
Think of it as a legal amnesty for non-compliant structures. The government provides this window to bring existing structures into property compliance, promoting planned urban development and generating revenue. The process typically involves:
- Submitting a formal application to the relevant local authority.
- Paying a specific penalty or regularisation fee.
- Undergoing an inspection to ensure the structure meets safety and structural standards.
This process is governed by specific state or municipal acts, which often have different regulations for various types of non-compliant structures. For instance, in Maharashtra, the Maharashtra Regional and Town Planning Act, 1966, along with various development control rules, dictates these procedures. Recent Supreme Court judgments, however, have reinforced that structures violating core safety norms or encroaching on public land cannot be regularised and must face demolition.
Step-by-Step Guide to the Legalisation Process
The process for regularisation can seem daunting, but you can navigate it successfully with the right approach. Here are the key steps involved:
1. Assess the Violation and Gather Documents
Before applying, you must clearly identify the nature and extent of the unauthorised construction. Is it a minor deviation, or a significant change? This will influence the documents and fees required. You will need to prepare the following:
- Building permission documents (if any were initially obtained).
- Property ownership proofs (sale deed, conveyance deed, etc.).
- Approved building plan and the ‘as-built’ plan showing the deviations.
- Structural stability certificate from a qualified engineer.
- A No Objection Certificate (NOC) from the housing society, as per the Cooperative Societies Act, is essential.
2. Appoint a Professional and Engage Legal Counsel
It is highly recommended that you engage a registered architect or civil engineer who can prepare the necessary plans and documents. They will draft the “as-built” plan, a key requirement.
Given the complexities of Indian property law, engaging a legal expert is essential. A lawyer specialising in property matters can:
- Advise you on the applicable laws and regulations for your specific location.
- Prepare and file your application with the local authority.
- Represent you during the legalisation process and respond to any queries.
- Help you negotiate the penalty and ensure all legal formalities are met.
3. Submit the Application and Pay the Penalty
Your lawyer or architect will submit the completed application along with all supporting documents to the relevant municipal or development authority. This can often be done through an online portal. Ensure the application is complete and accurate to avoid delays.
Once the application is scrutinised and approved in principle, the authority will calculate the penalty and fees. These charges are typically based on the area of the unauthorised construction and the prevailing land rates. Paying these fees is a non-negotiable part of the legalisation process. For instance, some states have schemes with fixed fees per square metre of deviation, while others calculate it as a percentage of the property’s cost.
4. Inspection and Final Approval
The local authority may conduct a site inspection to verify the actual construction against the submitted plans. They will check for compliance with safety norms and building codes. If everything is in order, the authority will issue a formal Regularisation Certificate. This document is the final proof that your construction is now legal and in property compliance. Keep this document safe for any future transactions involving the property.
Why Regularisation Is a Wise Decision: A Real-World Example
Consider the case, a retired banker in Mumbai. He purchased a flat in an old building where the previous owner had extended the living room into the balcony without obtaining the required building permission. Years later, while trying to sell the flat, a prospective buyer’s lawyer discovered the unauthorised construction. The deal fell through, received a notice from the Municipal Corporation of Greater Mumbai (MCGM) threatening demolition.
Common Challenges and Solutions
Navigating the legalisation process can present certain challenges. Here are some of the most common ones and their solutions:
- High Penalties: The fines for regularisation can be substantial. Check if the local authority offers installment options or special schemes that reduce the penalty for specific categories of constructions.
- Non-compliance with FAR or Safety Norms: If your construction exceeds limits like the Floor Area Ratio (FAR) or violates safety regulations, you may be required to partially demolish the structure or make structural adjustments to get approval.
- Society Objections: If a society member or the managing committee objects, it can create significant delays. It is best to obtain prior consent from the society to prevent disputes and present a united front to the local authority.
- Delayed Approval: Delays in government offices are common. Having a legal professional handle your application can help in follow-ups and ensure timely action.
FAQs on Regularisation for NRIs and OCIs
1. Can NRIs apply for regularisation of unauthorised constructions in India without visiting?
Yes, NRIs and OCIs can apply directly or, more commonly, through an authorised local representative with a power of attorney. The representative can handle the entire application, document submission, and local authority interactions on your behalf.
2. What happens if I don’t apply for regularisation?
If you fail to regularise an unauthorised construction, you risk receiving a demolition notice from the local authority. The property may also be sealed, and you may face legal action and a hefty fine. Unauthorised properties also lose market value and are difficult to sell or mortgage.
3. What penalties do OCIs face for unauthorised constructions?
OCIs face the same penalty as Indian residents. The amount is typically calculated based on the area of deviation and local land rates. The key is to ensure property compliance to avoid future legal and financial complications, especially concerning inheritance or sale.
4. Is there a time limit for applying for regularisation?
Most local authority regularisation schemes are time-bound. It is essential to check the latest notifications from the relevant municipal corporation or development authority to ensure your application falls within the specified window. The Supreme Court has also criticised attempts to extend these deadlines indefinitely.
5. Are there separate penalties for residential and commercial constructions?
Yes, penalty amounts may differ based on the type of property (residential or commercial) and the specific rules of the local authority. Commercial properties often face higher penalties due to their use and potential for greater violation of building permission norms.
Outlook: The Future of Property Compliance in India
With India’s rapid urbanisation, states are increasingly adopting stricter building permission and property compliance norms. While amnesty schemes for regularisation have been a recurring theme, the long-term trend is towards more rigorous enforcement. For property owners, this means that a proactive approach to property compliance is not just an option, but a necessity. The government’s push for planned urbanisation will only intensify the focus on legal structures.
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