Nitesh Mhaske 13 July 2021

House renovation permission

My name is Nitesh and i reside in a chawl in Bandra West Mumbai. In 2017 i renovated my 1+ 1 house which was previously made of Tin patras and plywood. Since the plywood had a termite infection i renovated the house completely made of proper bricks and cement. The only mistake I made at that point is that I did not take BMC permission for the renovation, but i did follow all the norms and policy and kept the height within the 14 feet brackket. Now my question is that can i now rectify my mistake and get a permission from the BMC. As the issue is that my neeighbours have files a complaint in BMC that my entire house is Illegal ( I have all the documents to prove that my house is legal. But the only point he might use against me is that i had no permission for the renovation). And if i can get the permission now, what will be the procedure for it and cost. Kindly help me with this as we are scared that the BMC might demolish our house which is owned by us since more than 35+ years.

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4 Replies

Dr J C Vashista (Advocate) 14 July 2021

You have the only option to contest the complaint and proceed as per law on the subject through a local prudent lawyer.

BMC may compound and allow, if it is within permissible limits.

G.L.N. Prasad (Retired employee.) 14 July 2021

There are thousands of such buildings/apartments, and depending on the space allowed, BMC may not take the complaint seriously. You may receive a formal notice from BMC to satisfy the complainant. BMC may not dare to dismantle the structures and if there is a Building regularization Scheme in the future you can get the same regularized after paying a nominal penalty. There may also be exemptions for getting approvals for less than normal building construction for less than 100 yards plot. If there is such a danger of demolition in the future, contact a local advocate and get an injunction. If the construction is as per laid down norms and no violations as per standards, the BMC may levy a nominal penalty for not having such approvals. Meet the ward councilor and request him for help.

Shashikant V. Patil (Lawyer) 14 July 2021

Apply for permission for renovation first, if denied , then get it legitimize or regularize the renovation by paying their deemed penalty.

P. Venu (Advocate) 15 August 2021

The renovation could be unauthorized, but not illegal. In my understanding, Law allows such construction to be regularised on payment of fine. Please verify.