Can a landlord lease property in unsafe identified buildings?

The Brihanmumbai Municipal Corporation (BMC), the Navi Mumbai Municipal Corporation (NMMC) and other local municipal bodies in Maharashtra release a list of dilapidated and cess buildings every year during monsoon season. These are declared dangerous under the Maharashtra Municipal Corporation Act Section 264. Here, we would find out whether owners of units in C1 category buildings can lease their flats.

 

What are the categories of cess buildings in Mumbai? 

On regular inspection, the Brihanmumbai Municipal Corporation (BMC) identifies the cess buildings and divide them into categories, such as C1, C2A, C2B and C3. The C1 category buildings are very old and fall in not suitable for residing category. 

 

Dilapidated building list 

Category	Action to be taken
C1	Vacated and demolished
C2A (repairs after evacuation)	Structural repairs
C2B (Repair without evacuation)	Structural repairs
C3	Minor repairs

 

The Brihanmumbai Municipal Corporation (BMC) regularly inspects buildings across Mumbai. When a structure is identified as C1, the authority vacates and demolishes it to prevent potential accidents. A list of dangerous buildings is published on the website of BMC, NMMC, or the area’s municipal body website.  

 

Can landlords lease C1 units to tenants? 

As the buildings are very dangerous and can result into accidents, including risks to human life, the BMC in its notice asks all owners and tenants of C1 buildings to vacate the premises. In case, the tenants do not vacate, the BMC has the right to evict people and take legal action for not following government orders. 

 

Bombay High Court ruling on redevelopment of C1 category buildings

According to a Bombay High Court ruling on March 20, 2023, consent for development is not necessary from all occupants and tenants. A property can go for redevelopment if 51% to 70% of the tenants agree for redevelopment. This order paves the way for taking swift action against C1 buildings and prevent accidents. 

The Bombay High Court ruling deferred the 2018 BMC guidelines that mentioned it was mandatory to get consent of all tenants and occupants before starting any redevelopment work.  

 

Housing.com POV

Cess and dilapidated buildings are a threat for people living in them. It is in the best interest of tenants and landlords to vacate the C1 category buildings, identified by the BMC. In case of resistance, the BMC has the right to evict occupants and press charges against non-cooperation. A good way is to agree for redevelopment.  

 

FAQs

How many people should give consent for redevelopment?

According to a Bombay High Court order, 51%-70% people should give consent for a property redevelopment.

What are the categories to divide cess buildings?

Cess buildings are divided into C1, C2A, C2B and C3 categories.

Is evacuation required for C3 buildings?

No evacuation is not required for C3 buildings.

Where can you check the list of cess buildings?

You can check the list of cess buildings in Mumbai jurisdiction on the BMC website.

How many buildings were identified as cess buildings by the NMMC in 2024?

In 2024, the NMMC identified a list of 527 unsafe buildings in Navi Mumbai of which 62 are from C1 category.

 

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