You bought your dream home in a peaceful neighbourhood—only to discover a new building going up next door.
No municipal notice, no proper fencing, and suspicious late-night activity. You begin to wonder: Is this legal? If not, what can I do about it?
In India, illegal construction refers to any building activity carried out without approval from the municipal authority or in violation of sanctioned plans, zoning laws, or safety codes. This could mean:
- Building without permission
- Exceeding the approved height or floor limit (FAR violations)
- Encroaching on public or neighbour’s land
- Changing residential property to commercial use without approval
These constructions are not only unfair but dangerous. They can reduce property value, block light and ventilation, or pose structural risks. Under the Municipal Corporation Acts (like the DMC Act, BMC Act, etc.) and Building Bye-Laws, such construction is a punishable offence.
Here’s how you can tell if the construction next door is illegal:
| Sign | Why It’s Suspicious |
|---|---|
| No board showing building approval or permit number | Legitimate builders are required to display this on-site |
| Work continuing late at night or during restricted hours | Indicates avoidance of scrutiny |
| Building extends over common areas, road, or drains | May be encroaching on public or private property |
| Structure exceeds local building height norms | Common in cities with strict FAR or height caps |
To confirm its legality, you can:
- Visit your local municipal or development authority office
- Ask for a copy of the building plan approval under the Right to Information (RTI) Act
- Check if the property has a building completion or occupancy certificate
- In many cities, these are also available online (e.g., MCGM Mumbai, DDA Delhi)
If you’re planning to buy or rent near such an area, first read How to Check if a Property is Legally Clear Before Buying to avoid getting into trouble later.
If the construction is indeed unauthorised, you have the right to raise an objection. Under municipal laws, any affected neighbour or resident can file a complaint.
To understand how to protect your property legally, see How to File a Property Dispute Case in India.
The worst thing you can do is ignore it, hoping someone else will take action. If it’s bothering you today, it could become a legal headache tomorrow—especially if it blocks your property’s view, air, or access.
If you’ve confirmed that the building next to you is illegal, the next step is filing an official complaint. Don’t wait for it to be completed—once a structure is up, demolishing it becomes harder and may require a long legal battle.
Here’s what you should do:
| Step | How to Go About It |
|---|---|
| File a complaint with the local municipal corporation | Submit a written complaint with proof (photos, location, construction details). You can also file online on portals like DDA Delhi, MCGM Mumbai, or your state’s Nagar Nigam website. |
| Use the RTI Act to get building approvals | If your local authority doesn’t respond, file an RTI request asking for copies of the approved plan, completion certificate, and builder details. |
| Approach the Ward Councillor or MLA | Political pressure often speeds up municipal action if you’re not getting a timely response. |
| Escalate to State Real Estate Regulatory Authority (RERA) | If it’s a builder-led project or flat, lodge a complaint under the Real Estate (Regulation and Development) Act, 2016. |
| File a civil suit or writ petition | If authorities ignore the issue, you can file a writ petition in the High Court under Article 226 of the Constitution or a civil injunction suit in a local court. |
Authorities may issue a stop-work notice or demolition order under provisions of your state’s Municipal Corporation Act. For instance, in Delhi, illegal construction is dealt with under Section 343 and 344 of the Delhi Municipal Corporation Act, 1957, which allow sealing and demolition.
It’s important to act early. Once construction is completed and people begin to occupy the building, courts become cautious about eviction or demolition due to humanitarian concerns—even if it’s technically illegal.
If the construction violates your rights as a neighbour—like blocking air, light, or causing safety issues—you can also seek relief under tort law for nuisance.
Keep copies of all complaints, responses, and photographic evidence. If needed, a legal notice can be sent via a lawyer warning the builder or neighbour of further legal action.
FAQs
1. Can I complain anonymously about illegal construction?
Most portals need your details, but you can request confidentiality. RTI filings, however, are not anonymous.
2. What if my municipal office doesn’t respond?
You can file an RTI or escalate to the RERA authority or file a writ in the High Court.
3. Can illegal construction be regularised?
In some states, yes, through compounding or amnesty schemes. But not all structures qualify.
4. How long does it take for demolition action?
Usually 30–90 days, depending on municipal rules and court orders.
5. Can I get compensation if illegal construction damages my home?
Yes, through a civil claim for nuisance or negligence if damage is proven.
