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Illegal Construction Demolition: All You Need to Know

Posted on September 22, 2022September 22, 2022 By Nupur Chawale No Comments on Illegal Construction Demolition: All You Need to Know

This article will explain everything you need about illegal demolition and why you should have a government-approved property. Find out what to do for buyers and how you can file a complaint about illegal construction.
The demand for accommodation has increased with the rapid increase in population. Although there are legal buildings in every city, some are illegal. These illegal buildings are built without complying with the regulations of the relevant authorities. They are also often built on unregistered lands and plots. They don’t even possess legal documentation. This could lead to the illegal demolition of construction.
Both investors and authorities are affected by illegal building construction. Many major cities, including Delhi, have passed laws prohibiting the construction of illegal buildings. These buildings have also been ordered to be demolished by legal authorities.
Illegal demolition of construction can be very traumatizing. This is especially true if the land is not in good condition. Illegal demolition of buildings often results in substantial financial losses.
This blog will discuss many topics related to illegal demolition of construction. We will also discuss how to ensure your property isn’t illegal.

Why Should Your Property be Government Approved?

It is more than simply buying a property. It is crucial to ensure that the developer has followed all laws and procedures regarding the legal status of the property. Buyers and investors should carefully review the documents related to the property. This is done to ensure the security of their investments. It can also help you find illegal demolition.
Avoid any legal action by purchasing a property that the government has approved. Each municipality has its local municipality. It creates rules and regulations to ensure there is no chaos in the construction of buildings. You can avoid illegal demolition of buildings if you follow the rules. To obtain a permit for your building construction, you will need to provide specific legal information to the Building Official with jurisdiction. The penalty for non-compliance will apply to the owner if they violate the rules regarding the construction. This could also result in illegal demolition of construction.
Many times, sellers of buildings skip all the steps. This could make the construction illegal. This is why the government often orders illegal construction or demolition.

Do’s and Don’ts While Investing in a property

There are many things buyers need to be aware of when buying a property. These items will help buyers eliminate any legal concerns about the property. These would allow you to ensure that you are not witnessing illegal construction demolition. These tips for buyers will help them determine if the property is legal. This will help them avoid illegal demolition.

Do’s For a Buyer 

1) Clear Title

Are you unsure if the property you plan to buy is legal? First, you need to check if the property has a clear title. A clear title indicates that the property is free from liens or disputes. This would protect your property from illegal demolition.

2) Study Developer’s Track Record

Before you invest in a property, do your research about the developer. Do market research and check for credibility. An encumbrance certification is another great tool. This can use this verify the legal status of the land and its developer’s record. This will help you avoid illegal demolition.

3) Go For the RERA Approved Properties

Always seek approval for RERA properties (Rear Estate Regulatory Act 2016). To ensure fair transactions between the seller of the property and the investor, the RERA Act was created by the government. This will help you avoid illegal demolition.

4) Ensure That the Project Has All Permissions

You must ensure that the construction of your property complies with all applicable rules and regulations. This will prevent you from violating any laws. Thus, you can avoid illegal construction demolition.

Don’ts For a Buyer  

1) Avoid Buying Unapproved Lands

Unapproved land can lead to a host of problems. This can lead to illegal demolition. It is always a good idea to ensure that the local government has approved your property. It must also have RERA registration.

2) Avoid Buying Plots for No-Approach Road

When buying a property, make sure it is located near a road. Will limit accessibility if the property is located on a remote highway.

3) Avoid Deviating From the Approved Plan

It is best to stick to the approved plan. Otherwise, it would be against the rules. It could also lead to illegal demolition of construction.

4) Avoid Encroaching Public and Government Properties

You should not buy a property that violates any government rules. You could face penalties for building properties in an area that is not permitted also you might also face penalties for illegal construction demolition.

Can You Report an Illegal Construction?

Due to the growing demand for property, many illegal constructions have been made in cities. You can file these illegal constructions against them to protect yourself from fraud. It would also ensure that no innocent person is subject to illegal demolition.
You can also go to your municipal corporation. Follow a formal procedure to file a complaint against illegal construction. After the complaint has been filed, the municipal corporation will send legal notices to the owners or residents of the property. The municipal corporation will then decide whether to demolish illegally constructed buildings.

Process of Notice 

  • The municipal corporation will notify residents or owners of the building after a complaint is filed about illegal construction. The municipal corporation also gives the residents a time limit for responding to the notice.
  • Residents are also provided a time frame by the municipal corporation to apply for a stay order from a court.
  • The building can be liable for illegal construction demolition if the residents fail to act within the given time frame.
  • You can also file a complaint about illegally built buildings through an online portal.
  • A person can also file a police complaint to stop illegal construction.

Filing Complaint Requires Evidence

  • It is not enough to simply file a complaint about illegal construction. There will not be any illegal demolition of construction unless you can prove it. To make your complaint valid, you must meet a few conditions.
  • First, you must give your name, address, and aadhar ID. Will confirm the validity and authenticity of the complaint by providing the documents to the municipal corporation. You will need additional documents to file a complaint. These would include documentation regarding illegal construction.
  • These documents are required to prevent false complaints. These documents also verify that the complaint filed has a strong reason for the illegal construction. These documents are verified by the municipal corporation, which then files a complaint against them. Then comes a legal notice.

Summing Up: Illegal Construction Demolition

You don’t need to be anxious as you begin the journey of buying your property. Although illegal construction demolition is a concern, it does not have to be. With enough knowledge, it is possible to navigate the process of buying legal land. You can avoid potential repercussions by purchasing land that the government approves.

Also Read: Within a yr, PMAY flats face rainwater seepage, cracks

Similar Topics: What is a Conveyance Deed & Why Is It Important?

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