Can I regularise unauthorised construction under a government regularisation scheme?

Question

My house has some construction beyond the sanctioned plan and I have heard the government has announced a regularisation scheme. How do I apply and what are the limits? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "Can I regularise unauthorised construction under a government regularisation scheme?" turns on Municipal Corporation Act (respective state), compounding and regularisation provisions, Real Estate (Regulation and Development) Act 2016, Section 4 (project approval context) and Constitution of India, Article 14. The points below set out the position and then what to do about it, in the order it should be done.

Regularisation schemes are typically notified by state governments or urban development authorities under the applicable municipal or town planning law, allowing owners of buildings with certain categories of deviation, such as minor setback or floor area violations, to pay a compounding fee and obtain a regularisation certificate.

Such schemes generally exclude structures that violate coastal regulation zone norms, are built on government or public land, encroach on roads or drains, or pose a structural safety risk, since these categories cannot be regularised regardless of the fee offered.

Applicants are usually required to submit an as-built survey plan, an engineer's structural stability certificate, proof of ownership, and payment of the prescribed compounding charges calculated based on the extent and nature of the deviation.

Once regularised, the structure is treated as sanctioned for the purpose of property tax, mutation and future transfer, though any court proceedings or demolition orders already passed before the scheme's cutoff date may need to be separately withdrawn or addressed.

Courts have upheld the government's power to introduce reasonable regularisation schemes as consistent with Article 14 as long as the classification of eligible and ineligible structures is not arbitrary and public safety concerns are duly addressed.

Practical steps: 1) Check whether your specific deviation falls within the eligible category under the current regularisation scheme; 2) Prepare an as-built plan and obtain a structural stability certificate from a licensed engineer; 3) Submit the regularisation application with the prescribed fee to the municipal or development authority; 4) Follow up to ensure any pending demolition or penalty proceedings are formally closed once regularisation is granted.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under Municipal Corporation Act (respective state), compounding and regularisation provisions carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in property law.