In many apartment complexes, residents often justify changes by citing what others have already done. “Everyone has outgrown their balcony,” or “Many neighbors have outgrown their bedrooms,” are common arguments during renovation disputes. However, legally, one unauthorized change does not justify another.
If a flat owner creates a permanent shadow over the balcony, encloses it to create additional living space, or demolishes partition walls to enlarge a bedroom without obtaining the necessary clearances under the approved building plan or municipal laws, those changes remain unauthorized, even if several other residents have undertaken similar actions.
Understanding the dilemma faced by home owners, the Bombay High Court has directed the Maharashtra government to frame a comprehensive policy clearly specifying what types of changes flat owners can make in their apartments without obtaining prior permission from the municipal authorities.
The move is expected to bring much-needed clarity to millions of apartment owners who regularly get minor repairs done but are often unsure whether civic approval is required or not.
What was the reason behind the Bombay High Court’s direction?
According to media reports, a bench of the Bombay High Court observed that homeowners commonly install safety grills on open terraces, light protective shades, create partitions using gypsum or wooden panels, or reconfigure utility spaces to suit their needs. Although these are often seen as minor amendments, the lack of clear, uniform guidelines has led to confusion, disputes with housing societies and builders, and inconsistent action by municipal authorities.
The judges said that the open-air terraces, as originally built by the developer, were unauthorizedly encroached upon by the neighbour. According to Live Law report, he believed that the continued existence of such unauthorized constructions cannot be tolerated and should be removed immediately.
Also read: Mumbai Real Estate: Should you buy an apartment in an old building due for redevelopment?
As Live Law reports, flat owners usually install safety grills on balconies or terraces, light shades, or modify internal partition walls using wood or gypsum panels to suit their needs. While such changes are often made after the Occupation Certificate (OC) is obtained, similar changes made before the OC is issued can delay the grant of the certificate, preventing the developer from completing the project and often lead to disputes and litigation.
The Bombay High Court said that there is no clear, affordable or easily accessible process to obtain permission for such changes. In the absence of well-defined guidelines, many residents make these modifications without contacting the municipal corporation.
Also read: Are you paying for housing features you’ll never use? A look at the most wasted amenities in a society
What will the policy cover?
The proposed framework is expected to reduce disputes, as well as help homeowners understand what changes they can legally make within their apartments without violating municipal rules.
According to media reports, the proposed policy will address common changes often made in residential buildings, including whether residents can install safety grills, enclose balconies, or add lightweight coverings to balconies and terraces, erect or remove non-load-bearing partition walls, combine or divide rooms using temporary materials, or reallocate utility areas within their flats. Clear guidance on such issues will help both home owners and municipal authorities avoid unnecessary disputes.
Also read: Frame guidelines on permissible alterations in flats, HC tells state
The High Court also stressed the need for civic bodies to adopt a uniform approach to deal with unauthorized alterations rather than following varying practices across jurisdictions. While the state has been directed to frame a policy, the court has made it clear that until such guidelines are notified, unauthorized constructions will continue to be governed by the existing legal framework and may attract action from the municipal authorities concerned.
