One of the biggest disasters related to a housing unit is illegal renovation. In May 2025, over 6 people were killed and 4 others were injured when a slab from the top floor came crashing in a four storeyed building in Kalyan, Mumbai. There have been several such instances in the past where people had to pay heavily for illegal renovation. In this guide, we focus on what kind of renovations are actually allowed by the municipal body and where can violations lead you.
Should renovations be considered based on the property’s age?
According to advocate Vinod C. Sampat, while this is not necessary, a structural audit is mandatory after 30 years of construction of the building. This audit will actually detail if any renovation can be done in the property. The older the building, the more fragile it becomes. “Older buildings are more susceptible to damage from modifications. Before initiating any renovation, it’s advisable to obtain a structural stability report from a licensed structural engineer. This is crucial when altering flooring, plumbing lines, or making space adjustments,” says advocate Neelam Mayuresh Pawar.
What types of renovations are permitted in an old flat?
As per Brihanmumbai Municipal Corporation, there are two types of repairs or renovation that can be done in the flat.
- First is tenantable repairs that includes internal renovations such as painting, replacing tiles or upgrading kitchens and bathrooms. These are generally allowed under section 342 of the Municipal Act. They do not require any permission from the commissioner of the Municipal Corporation, but an NOC from the society is a must.
Tenantable repairs include:
- plastering, painting, pointing of walls
- providing guniting to the structural members or walls
- changing tiles of the floor
- repairing WC, changing Indian style toilet to WC, changing bath spaces
- repairing/replacing drainage pipes, taps, manholes and other fittings
- repairing/replacing sanitary water plumbing, or electrical fittings
- replacement of roof with the same material. However, one cannot change the horizontal and vertical existing dimensions of the structure while doing this. Also, replacement or removal of any structural members of load bearing walls is not allowed. While extending, it is illegal to take the common area as part of your house.
- The second is non- tenantable repairs that include removing the partition walls, shifting toilet, bathroom, shifting doors, windows, creating new windows, etc. that affects the structural components—like beams, columns, slabs, or load-bearing walls. In this case, a permission seeking the change has to be written to the commissioner and one should get a written approval from the commissioner of the Municipal Corporation and also NOC from the society.
According to Sampat, a notice has to be given to the commissioner by every person who shall intend to make any addition to a building, alteration or repairs to a building involving the removal, alteration or re-erection of any part of the building except tenantable repairs, provided that no lowering of plinth, foundation or floor in a building shall be permitted.
This has to be given to the Commissioner, in a form obtained for this purpose under section 344, specifying the position of the building in which such work is to be executed, the nature and extent of the intended work and the name of the person whom he intends to employ to supervise its execution. According to the BMC portal, for non-tenantable repairs, one has to approach to the
Office of Executive Engineer (Building Proposal) City-I (situated at New Municipal Bldg)
C.S.No. 335-B, Bhagwan Walmiki Chowk, Opp. Hanuman Mandir, Vidyalankar
Marg, Salt Pen road, Antop Hill, Wadala (East), Mumbai – 400 037.
Fit-outs in new flats: What work is not allowed?
While fit-outs in new homes are increasingly becoming common, especially because of the huge amounts that people want to spend doing interiors of their home. Ashok Yadav took possession of their new house in Navi Mumbai in 2024 and since then started work on it. It’s been a year now and interior work of the 3BHK is still going on. While there are many people like Yadav who do extensive fit-out works in a brand new flat, there are certain practices that are unsafe and should be prohibited, a sentiment voiced by industry experts.
- Drilling into structural elements such as columns, beams, or load-bearing walls.
- Tampering with waterproofing layers, especially in bathrooms, terraces, or balconies.
- Changing flooring immediately after possession without checking the builder’s specifications.
- Heavy marble or granite installations without load assessments.
“Many homeowners mistakenly believe internal walls are non-structural. However, even internal partitions can be load-bearing. Removing any wall without a structural assessment and formal approval can severely compromise the building’s integrity,” points Neelam Mayuresh Pawar. Similarly, many people opt for flooring changes without understanding the deeper negative impact it may have. “Builders typically lay waterproofing membranes beneath bathroom and balcony tiles. Removing these without expert guidance can break the waterproof layer, leading to seepage and ceiling leakage in flats below. If such work is necessary, it must be redone with professional waterproofing,” adds Neelam Mayuresh Pawar.
What control does a cooperative housing society in Maharashtra have over fit-out work?
In Maharashtra, as per bye law No. 46, addition and alteration in the flat can be done by members with the approval of the managing committee. “Therefore, many societies have prepared a standard operating process for granting such permission and which type of alteration can be done. Many societies have empanelled contractors and empanelled consultants who are responsible to supervise the work. This is done so that consultants and contractors will not do anything which is beyond what has been permitted,” says Ramesh Prabhu, chairman, Maharashtra Societies Welfare Association.
Under the Maharashtra Cooperative Societies Act, societies are empowered to:
- Demand prior intimation and permission for any fit-out or renovation work.
- Restrict timings, noise levels, and ensure compliance with society and municipal norms.
- Refuse or halt work that poses a risk to the structure or violates approved plans.
“Many societies do take a security deposit of Rs 50,000 or Rs 1 lakh to give permission, so that any alternation is done, the same may be restored with the security deposit,” added Prabhu.
How can the RWA tackle a resident who doesn’t follow rules?
In case a resident violates these norms, the society can:
- Issue show-cause notices or slap fines.
- File complaints with the municipal corporation.
- Initiate legal action under the cooperative society rules.
Are society office bearers liable for non-compliance by residents?
If office bearers have documented their objections, issued written notices, and followed due process to stop or report illegal work, they are generally not personally liable. “Many times, society is not formed when these repairs are carried out. If a society is formed, they must insist on a report from a structural engineer and must also take an indemnity bond from the member before permitting major repairs. If beams or columns are tampered with by members and office bearers remain silent spectators, they can be held liable by one and all. Society office bearers cannot be held responsible if they have refused permission. The aggrieved member may get the necessary permission by approaching the court of competent jurisdiction,” highlighted Sampat.
Housing.com POV
Finally, we leave you with a quick table for reference on what are the legally allowed modifications that can be done and what are the ones that require various permissions and may or may not be allowed based on the impact it may cause.
| Legally allowed modifications by BMC | Modifications that would need permissions before doing |
| These are classified under tenantable repairs. | These are classified under non-tenantable repairs. |
| Include internal renovations like painting, replacing tiles, modular kitchens and upgrading bathrooms. | Making changes to structural elements such as columns, beams, load-bearing walls. Opting for heavy marble or granite installations without load assessments that impact the ceiling slab of the floor below.
|
| Legally allowed so no permission required from BMC. However, NOC from society is a must. | Requires permission from BMC and society NOC. If done without permission, these are illegal. |
| No violations | These violations are serious and sometimes result in death of people. Strict legal action will be taken against the home owner if found violating the law and this may include fine and imprisonment or both. |
Many times, property owners go overboard when they renovate the house- so much so that they don’t hesitate to shift walls and beams that affect the structure of the entire building. By doing this, they weaken the building’s strength and also put at risk the lives of the many owners who stay in that building. Societies must have a strict zero-tolerance policy towards illegal home renovations and this can be done by keeping in place proper checks. Labourers, contractors and vendors should also be checked by security and only when permission is granted by the society should they commence work. The society should also monitor the work that happens in the owner’s place periodically to identify any violation.
| Got any questions or point of view on our article? We would love to hear from you. Write to our Editor-in-Chief Jhumur Ghosh at jhumur.ghosh1@housing.com |