What to Do If You Receive an Unauthorised Construction Notice

Notices for unauthorised construction are among the most common actions taken by municipal authorities. Such notices typically threaten sealing or demolition of the property. While intimidating, the law provides avenues to contest or regularise such matters.

Why Are Notices Issued?

Municipal notices are generally issued when:

• Constructions are undertaken without a sanctioned building plan.

• Deviations exist from the approved plan.

• The construction violates zoning regulations or land use restrictions.

Remedies Available

1. Replying to the Notice: A timely, written reply is critical. It demonstrates compliance and prevents ex parte orders.

2. Regularisation / Compounding: In many jurisdictions, deviations may be regularised upon payment of compounding fees, subject to permissible limits.

3. Challenging Wrongful Notices: Where notices are arbitrary, without jurisdiction, or beyond statutory powers, they may be challenged before the High Court under writ jurisdiction.

4. Interim Relief: Courts frequently grant interim orders to stay demolition or sealing until the matter is decided.
   

Role of Legal Counsel

The first step is to ascertain whether the construction falls within permissible regularisation. Legal counsel ensures that replies are drafted effectively, statutory remedies are invoked in time, and interim protection is secured. Where necessary, writ petitions are pursued to safeguard property rights.

Conclusion

An unauthorised construction notice does not automatically translate into demolition. By responding appropriately, pursuing regularisation, and engaging competent counsel, property owners can preserve their property and secure relief under law.