Illegal Constructions: An Unending Battle For The Government And Home Buyer

Construction of unauthorised structures on non-permitted land, is a serious issue that the government and municipalities of various states in India are fighting against. Although various laws and demolition drives have helped keep a tab on such activities, there still is a lot that needs to be done, before the country is completely rid of this menace.

Developers who undertake construction of illegal buildings are responsible for putting investors and property buyers at risk of financial and physical damage. Such structures are mostly built by violating the municipal codes and safety norms, and also involve the use of poor construction materials, resulting in building collapses.

In a developing city, about 30-60 per cent of the population lives in slums or unauthorised areas. Expanding population leads to more housing needs and more pressure on a city's infrastructure and resources. This situation is taken advantage of by unscrupulous developers who lure people in search of a roof over their head, later, leaving them to face the consequences of buying into or living in an illegal building.

Buyer awareness about illegal housing

Zoning and building regulations equip municipal authorities to regulate and restrict the height of the building, number of storeys allowed in the structure, nature of use to which a built-up property may be subjected to, in any particular area, percentage of a plot that may be occupied, size of yards, courts and open spaces as well as density of population. However, there are developers who flout the rules intentionally for financial gains.

Even if the structures are regularised, municipalities find it challenging to provide water, sewage facilities and roads due to the haphazard construction of such structures. Moreover, residents of such buildings are not eligible for loans from banks.  

Awareness at the consumer level is one way to mitigate the damaging effects of illegal construction. Some practical steps which can save buyers from purchasing an unauthorised property include:

• Ensuring that the property has a clear title and all permissions have been sought.
• Requesting a bar chart of the various stages of construction, from the builder.
• Asking the building architect to certify the flat's carpet area and consulting a professional to check the building plan.
• Buying plots which are registered under the city municipality and avoiding investing in plots with no approach road.
• Anyone can report the unauthorised constructions and violations without disclosing their identity.

Here's an update by PropGuide on initiatives by various state governments to deal with illegal construction issues:

Delhi

Delhi High Court has set up a panel of experts for physically conducting inspections (even using chemical analysis of the construction) of illegally constructed properties in the city. The HC highlighted the fact that despite regulations in place, such constructions happen regularly, reducing the city to a slum and causing diseases.

The National Green Tribunal (NGT) recently directed the Delhi Development Authority (DDA) to stop unauthorised constructions on Yamuna floodplains.

Tamil Nadu

Tamil Nadu state government told the Madras High Court that it plans to launch a scheme to regularise unapproved housing plots and layouts in the state.

Maharashtra

Bombay High Court set aside Maharashtra government policy to regularise illegal buildings in the state, saying that it was against the provisions of the State Town Planning Act (MRTP). The policy aims to regularise illegal structures in the state which were constructed before December 31, 2015. However, the high court stated that it would create more loopholes in the system and lead to increased litigation.

The district administration in Pune, has begun a survey to check illegal constructions in the hilly areas of Shindewadi. The administration and National Highway Authority of India (NHAI) had razed illegal buildings a couple of years ago and took action against illegal excavations in the region, by issuing penalty notices under the Maharashtra Land Revenue Code.