How To Complain Against Illegal Construction In Housing Society?

Illegal construction in housing societies is an ever-increasing problem throughout India. From encroachments into common areas to illegal readjustment for an extra floor, such illegal activities could create dissension within the society, threaten the safety of the building, and infringe legal rights of other residents.

This article will extensively discuss how to file complaints against illegal construction, under which law is one protected, procedural step involved, important landmark cases, and remedies in case of failure on part of the authorities to act. 

What is an Illegal Construction?

Illegal construction isn’t just about someone building an extra floor. It’s any modification or addition done without legal permission. For example:

• A ground floor resident converted his parking into a studio for rent
• Someone extended their balcony over common piping
• A builder added two floors beyond the approved limit

These may seem “small”, but they affect everyone: the building’s safety, resale value, and your rights.

Laws That Protect You from Illegal Constructions in Housing Society

RERA, 2016: If a builder modifies sanctioned plans, even after project handover, you can complain under Section 31.

Your Local Building Bye-laws: Every city has its own rules. Delhi has DDA; BMC for Mumbai; BBMP for Bengaluru. Setting clear limits on floor area, parking use, and setbacks.

IPC/BNS Provisions You Can Use

• Section 441 IPC/Section 329 (1) BNS: If someone encroaches common space
• Section 268 IPC/ Section 270 BNS: Causing public nuisance
• Section 425 IPC/ Section 324 (1) BNS: Damaging common property

Environment (Protection) Act, 1986: If constructions are near a green zone, lake, or open space, this law is there in your favor.

Can You Really File a Complaint? Or Does It Have to Be the RWA?

Yes, you can. You do not have to be a part of the managing committee. Yet you can file a successful complaint as:

• A flat owner directly affected
• A resident noticing safety risk
• A member of the society WhatsApp group (yes, that counts as communication evidence)

How to Take Step-by-Step Action?

Step 1: Speak at the Society Meeting

Raise the issue at the General Body Meeting. Follow it up in writing. Always maintain proof (emails, letters, WhatsApp messages).

Step 2: File a Complaint with the Municipality

Here’s what to include in the complaint to MCD (Delhi):

• Full address of the illegal construction
• Photos of before/after
• A note explaining why it’s dangerous (fire hazard + blocked access)
• RTI filed two weeks later to ask “What action has been taken?”

Pro tip: If they don’t act in 30 days, file RTI, it forces them to respond.

Step 3: File a Police Complaint

If you face defamation, do not panic. File a report in accordance with IPC Sections 441 and 268/ BNS Sections 329 (1) and 270 using the previously taken pictures and written complaint. The police will then come to inspect, which will stop further construction.

Step 4: Take It to RERA

When the builder doesn’t cooperate, file a RERA complaint online under Section 31. It cost nothing. Just documents, photo evidence, and the approved plan.

Real Court Judgments 

• Friends Colony Development Committee v. State of Orissa (2004): Just because it’s built doesn’t mean it can’t be demolished.
• Esha Ekta Apartments vs. MCGM (2013): Illegal floors must be removed even if families occupy them.
• Dipak Kumar Mukherjee v. Kolkata Municipal Corporation (2013): Authorities should act against illegal buildings without any undue delay.

How We Can Prevent This as a Community?

• Society Must Audit Plans Annually: Ask for the sanctioned plan. If it’s different from what you see, it is a red flag.
• Use Technology: Drones or Satellite Mapping. BBMP in Bengaluru uses satellite scans. Push your local body to do the same.
• Update Society Bylaws: Insert strict rules and penalties for unauthorized changes in your society rules.
• Run Awareness Drives: Most residents don’t even know these things are illegal. Once aware, most support legal action.

What Happens If You Stay Silent?

• The entire building can be declared illegal
• Insurance may not cover fire or damage
• The resale value of flats drops sharply
• You risk future demolition orders
• You’re enabling others to follow and worsen the situation

Final Words

If someone is building illegally in your society:

• Speak up
• File a municipal complaint
• Use RTI
• File a RERA complaint
• Get help from property lawyers

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.

FAQs

1. Can I file a complaint against illegal construction without being part of the RWA?

Yes, any affected resident, flat owner, or neighbour can file a complaint with the municipal authority, police, or RERA, even without being part of the society’s committee.

2. What documents are required to file a complaint against illegal construction?

You should have the exact address, photos or video evidence, comparison with approved plan (if possible), written complaints to RWA, and communication records. An RTI response may also strengthen your case.

3. What happens if municipal authorities ignore the complaint?

You can file an RTI to ask for the status and escalate the matter to the State Lokayukta, High Court (via writ), or National Green Tribunal (if environmental damage is involved).