What to do if owner along with builder has done illegal construction in basement in 2BHK Flat in hyderabad


No need to be afraid if the land owner is an IT Commissioner.

You can file a complaint against the land owner and the builder at the office of GHMC against the illegal and unauthorised construction.

If GHMC does not take any action against the land owner and the builder, you can file a case in the high court against
a) GHMC,
B) Land owner and
C) Builder
and obtain orders for demolition of illegal construction.

According to the National Building Code regulations, basements can only be used legally for commercial purposes, storage, parking, cellar, dark room or a space where air conditioning machinery can be installed. While many rent out this space for living purpose, under the law these is illegal. In fact, the building bylaws do not allow the usage of the basement for a kitchen or a bathroom.
In case the basement is a part of a residential property, it is still legal to use it for commercial purposes once proper permission of the area municipality is taken.

Reporting an illegal construction
If there is an illegal construction then, one can go to the municipal corporation of the city and can lodge a complaint with the proper procedure.
The municipal corporation will send a notice to the residents/owner of the property.

Process of notice
A notice is sent to the person residing in the illegal construction and is given a time period for reply. The person is also provided sufficient time period by the municipal corporation for obtaining a stay order from the court. If no action has been done by the owner then the construction is liable for demolition.
The government has also launched an online portal, through which one can file a complaint against illegal construction. A person can also file a complaint with police and can take help for prevention of illegal construction.

Reference: The developer and owner of SBRÕs SIRI commercial complex is M/s Sandhya Hotels Pvt Ltd having its registered office at Plot No.52, Road No.10C, MLA & MPs colony in Jubilee Hills, represented by its Managing Director S. Sreedhar Rao.

The Occupancy Certificate was issued wide proceeding no: 1/C20/07787/2020 dated July 21, 2020 even though the commercial complex was not constructed as per the approved plan. The builder, after obtaining the O.C, deviated from the approved plan taken vide building permit no. 22272/HO/WZ/CIR-11/2013 dated 15th April, 2013 and has gone about with unauthorised constructions in the premises.

As per the sanctioned plan ground, first and second floors have been shown as showrooms whereas on ground, the builder has constructed in deviation to the sanctioned plan”.

Reddy suspecting the role of ground level staff of irregularities said that despite GHMC’s notices under section 452(1) & 461(1) of GHMC Act 1956, vide No:86/UC/W.No.104/CIR- 20/TPS/GHMC/2021 dated February 20, 2021 to demolish the illegal structure, the builder has continued the illegal construction activity at the site.



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