Notice for illegal construction in India

Rapid urbanisation has led to an increased demand for housing and various infrastructural facilities. All development activities in a city are governed by zoning regulations and building by-laws. However, several illegal construction activities also take place, which is a growing concern in many major cities in India, including metropolitan cities. Such constructions, which violate laws, pose a danger to public safety and health. One solution to curtail the growth of unauthorised constructions is to notify the local authorities. 

See also: How to report illegal constructions in Delhi?

 

What is a notice for illegal construction?

According to the laws, it is mandatory for local authorities to inform the occupants of a structure and issue a notice before demolition. A notice for illegal construction refers to a legal document issued by a local authority notifying the property owner regarding the violation of building regulations and taking corrective action. The notice is mostly issued if a construction project violates zoning laws, building codes or safety regulations. 

In India, the local municipal corporation issues a show cause notice to the owner of a building before demolishing any unauthorised constructions. The notice will mention the nature of the violation, the required actions to rectify the violation and the timeframe by which the corrective action should be taken.

If the property owner fails to comply with the notice, it can lead to legal consequences, such as penalties or fines. The authority can also go for demolition of the illegal construction in such cases. 

 

Notice for illegal construction: Format

A notice issued by the municipal authority should include the following: 

• Date
• Property owner’s name
• Address of the property
• Violation details
• Compliance notice
• Legal action
• Contact details

 

Steps to notify authorities to issue a notice for illegal construction

Gather proofs

The complainant must have sufficient evidence to support his claim. It helps the authority in deciding the course of action for the illegally constructed building.

Find the relevant authority

It is essential to find and approach the authority responsible for addressing such illegal constructions in your area. It can be the local municipal corporation, development authority or town planning department.

Draft the notice

Draft a formal notice addressing the relevant authority. Mention details, such as location, nature of the violation and potential risks involved. 

Follow up

Monitor the progress of the complaint and follow up with the authority to ensure that suitable action is taken against the illegal construction.

 

How to file a complaint for an illegal construction notice online?

In most states, the municipal corporation provides its citizens with an official portal website offering various services. For example, the Brihanmumbai Municipal Corporation in Mumbai allows its citizen to register a formal complaint for the authorities to issue a notice for illegal construction. Visit the BMC Complaint Registration Website, choose the preferred language and the nature of the complaint, fill in details and click on ‘send’.

 

What happens after municipal corporation issues a notice for illegal construction?

If a construction is deemed illegal, the municipal corporation takes steps to address the situation. 

Identifying illegal construction

Municipal corporations have special teams that carry out regular inspections to identify illegal constructions in all areas. These teams include qualified engineers and surveyors who assess the buildings against the approved plans and regulations.

Issuing the notice

After an illegal construction is identified, the municipal corporation issues a notice to the property owner or developer. The notice mentions details of the violation, such as unauthorised floor area, construction without necessary permits, deviation from approved plans, etc.

Specifying timeline for compliance

The notice mentions a timeline within which the property owner is required to rectify the violation. The timeline varies based on the local regulations and severity of the violation. 

Consequences of non-compliance

The municipal corporation can take legal action against property owners if they fail to rectify the violation within the given timeline. It can result in heavy fines, sealing of the property or demolition of the unauthorised construction.

 

Types of illegal construction

• If a structure is developed on land or property by the owner who is legally allowed to do so but violates legal requirements
• If the construction does not comply with the established restrictions
• If the developer does not comply with the regulations set by the government for that type of building
• If the construction falls in the category of buildings that were authorised but include additionalities that do not adhere to the regulations.

 

Ways to stop illegal construction in India

• Lodge complaints with civic authorities: Before starting any construction work, a certificate of approval from local authorities is necessary. Civic bodies are responsible for stopping unauthorised constructions. Thus, citizens can register a complaint to the municipal authority concerned. 

• Filing a suit in court: Courts in India also have the right to intervene if the civic authorities fail to act against illegal constructions. One can file a legal complaint in the form of a petition under Article 226 in the High Court.

• Public awareness: One can organize public awareness campaigns through television, radio, or social media regarding the legal consequences of illegal constructions. This can play a key role in preventing such activities. 

• Technological support: Technology can be useful in identifying and preventing illegal construction activities. For example, online building permit systems can streamline the approval process and ensure transparency. 

• Strict penalties and enforcement: Enforcing strict penalties by civic authorities can act as a deterrent against illegal construction activities. 

 

Housing.com News viewpoint

Rampant illegal construction activities can have an impact on the planned development of cities. Illegal constructions have resulted in safety hazards, environmental damage, loss of property, and revenue for the government.

Some examples of such constructions include the growth of slums and small housing constructions that violate building laws. To deal with such problems, the government has been actively implementing measures, including affordable housing schemes. 

Citizens can keep a check on such illegal construction activities in their locality and notify the local authorities on time. 

 

FAQs

Who can issue a notice for illegal construction in India?

The relevant municipal authority, or development authority in the area is responsible for issuing notices for illegal constructions in India.

How do I report illegal construction in India?

You can write a letter to the relevant municipal authority in the area or visit its website to lodge a complaint.

How to stop illegal construction immediately?

Notify the municipal authority in the area to stop illegal construction immediately.

What is considered as illegal construction?

Any construction activity carried out without a proper permit or if it violates building codes can be regarded as illegal construction in India.

What are the consequences of illegal construction?

Illegal construction can lead to legal consequences, such as penalties, fines, or even demolition of the structure.

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