• If stop work notice issued by BMC, what all options does one have?

I am furnishing my newly purchased office in a new commercial building. I had taken consent of builder in written and also paid security deposit to the builder before starting the construction work. Now BMC has come to my office and said no prior construction permission was taken by us from the BMC to start work. We have also made 1/3 rd area loft which is not more than 5ft height. What are the options available to me? After taking a stay order can i regularize my construction work? Permission letter from builder is of no value since society is not yet formed? For taking BMC permission I have been told that first I have to remove all my interior work already done, take permission and then start construction work afresh? Kindly guide me all possible options available to me
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

1)you need prior permission from municipal corporation to carry out construction of loft and other alterations

2)since your construction is unauthorised stop work notice is issued to you

3) you should apply for regularisation of construction work done by you

4) you can file suit and seek stay order against demolition of construction done by you

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

It is notified for the information of the public in general that the following items of work categorized as “tenantable repairs” can be carried out without obtaining any permission from the Municipal Corporation of Greater Mumbai (M.C.G.M.) provided the structures to which such repairs are to be carried out have been constructed with approval from the Competent Authority or were in existence prior to 1.4.1962 in respect of commercial structures and 17.4.1964 in respect of residential structures.

NO provision to regularized unlawful construction without permission, still check from local advocate -

Penalty clause under sec 267A. The Maharashtra Municipal Corporations Act -its levies every year and not amount to regularization.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) You have to take permission from BMC, and can visit local BMC tell them you have already done interior work and huge expenses had made for it.

2) You have to visit BMC office and apologize those officer who had came to your office and instructed to remove all interior work and apply for permission, so explain them it will not possible to remove the interior work, see they can charge for penalty for it.

3) You go with Builder and take help of builder. Because builder knows all IN & OUT of his construction work for that building. He can manage all thing with BMC, bcuz that is his daily work.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

The state urban development department in October 2017 issued rules for illegal structures to be legalised on payment of a penalty.Illegal constructions carried out before December 31, 2015 in residential, commercial and industrial zones will be considered for declaration as 'compounded structure' on payment of compounding charges.

2)he structures do not risk demolition once the owners or residents of these structures pay the charges.

3) application for regularisation can be made to deputy municipal commissioner . if application is rejected you can file appeal under Section 47 of the Maharashtra Regional Town Planning Act, the Principal Secretary

of the Government, Urban Department, Mantralaya, Mumbai. 

4) legal fees vary depending upon lawyer engaged by you

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

No permission reqd if no structural changes r done in your premises. Anyways we have a team of liasoning architects who can regularise any illegal constructions. First stay to be obtained against demolition from court.

Amit Pai
Advocate, Mumbai
53 Answers
3 Consultations

4.4 on 5.0

You can approach the court for remedy

First obtain stay for the operation of the order by the local civic authorities as an interim relief and also seek to set aside the order as a permanent relief for the reasons you rely upon.

In the same suit you may ask another interim relief to permit you to proceed to complete the incomplete constructions

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

How does one apply for regularisation and how often the permission is granted? Once notice is issued we will definately apply for stay and are ready to pay penalty or fees to regularise the same. But my question is, is regularisation of unauthorised work allowed and what are the chances and options available to us? How much approximate penalty or fees are we looking at if we go for the same and in a legal way through the courts

The application for regularization is to be submitted to the Municipal authorities.

The penalty and other details i.e., the time taken etc may be inquired locally.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

You need to approach the civil court for appropriate directions to BMC. If permission need to be obtained you can obtain the same. In stay order status quo is there you can't start your construction nor they can demolish the same.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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