Illegal construction remains one of the most pressing issues in India’s real estate sector, leading to disputes, financial losses, and legal entanglements for innocent buyers. With urban centres like Chandigarh witnessing a construction boom, regulatory vigilance has become essential. Illegal construction complaints and legal action under RERA (Real Estate [Regulation and Development] Act, 2016) have given homebuyers a potent tool to protect their rights without prolonged litigation.
This article explains the framework of legal remedies under RERA for handling unauthorized construction, including relevant Acts, sections, legal definitions, and real-world applications. Whether you’re a student learning Indian real estate law or a buyer dealing with non-compliant builders, this guide provides in-depth, practical insights.
What Constitutes Illegal Construction?
Definition and Examples
Illegal construction refers to any building activity that violates building by-laws, sanctioned plans, environmental regulations, or land use permissions issued by urban planning authorities.
Examples include:
- Constructing additional floors without approval
- Deviating from sanctioned layout plans
- Encroaching upon public land
- Violation of height or setback rules
Governing Laws and Authorities
Illegal construction is governed under multiple laws and regulations:
- Real Estate (Regulation and Development) Act, 2016
- Municipal Acts (e.g., Punjab Municipal Corporation Act, 1976)
- Building Bye-laws applicable in Chandigarh
- Environmental Protection Act, 1986
- Bhartiya Nyaya Sanhita 2023 (Section 270 – Public Nuisance)
When construction breaches approved plans, it becomes a criminal as well as a civil wrong, requiring intervention by property lawyers in Chandigarh and local regulatory bodies.
Overview of RERA and Its Role
What is RERA?
The Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, aims to:
- Regulate the real estate sector
- Promote transparency
- Protect homebuyers’ interests
- Establish adjudication mechanisms
Applicability in Chandigarh
The Punjab State Real Estate Regulatory Authority (Punjab RERA) and Chandigarh Real Estate Regulatory Authority govern real estate matters in Chandigarh and the surrounding regions.
Legal Provisions Under RERA for Illegal Construction
Section 3 – Prior Registration of Real Estate Project
A builder must register any real estate project with RERA before advertising, marketing, or selling units.
Failure to register is punishable under:
- Section 59(1): Penalty up to 10% of the project cost
- Section 59(2): Imprisonment up to 3 years or further fine
Section 4 – Submission of Approved Plans
Developers must submit sanctioned building plans, layout approvals, and legal title deeds. Any deviation from these constitutes illegal construction, triggering action under Section 31.
Section 11 – Obligations of the Promoter
Promoters must:
- Adhere strictly to sanctioned plans
- Inform buyers about project status
- Not make structural changes without consent
Failure leads to penalties under:
- Section 61 – Penalty for contravention
- Section 60 – False information leads to 5% penalty
Section 31 – Filing of Complaint
Any aggrieved buyer or allottee can file a complaint against the promoter with the Adjudicating Officer or RERA Authority.
This is the primary route for clients dealing with illegal construction.
Filing a Complaint Against Illegal Construction Under RERA
Step-by-Step Procedure
- Gather Evidence
- Allotment letters
- Builder-Buyer Agreement
- Sanctioned layout plans
- Photographs or records of deviations
- File Complaint Under Section 31
- Online or offline via the RERA Chandigarh portal
- Include full details of violation
- Hearing Before RERA or Adjudicating Officer
- Legal representation by property advocates in Chandigarh is advisable
- Relief Sought
- Refund with interest
- Compensation
- Correction of construction
- Project de-registration
- RERA Order and Enforcement
- RERA has power to issue binding orders under Section 38
Penalties on Builders for Illegal Construction
Section 59 – Non-Registration
Penalty up to 10% of project cost, and imprisonment for repeat offences
Section 60 – False Information
Penalty up to 5% of project cost
Section 61 – Breach of Promoter’s Obligations
Daily penalty which may cumulatively reach 5% of project cost
Section 63 – Non-Compliance with RERA Orders
Additional penalty for every day of continued default
Builders found in violation may also face blacklisting, de-registration, or criminal action under IPC Sections 406 (Criminal Breach of Trust) and 420 (Cheating).
Difference Between RERA and Consumer Forum
Buyers can approach either:
- RERA (under RERA Act)
- Consumer Forum (under Consumer Protection Act, 2019)
However, RERA is specialized, faster, and focused solely on real estate issues. For complaints involving illegal construction, RERA offers:
- Direct accountability of builders
- Site inspection orders
- Structural rectification remedies
Common Defenses by Builders and Legal Response
Builder’s Typical Claims:
- “Minor deviations”
- “Approved verbally”
- “Third-party modifications”
Legal Response:
- Refer to Section 14 of RERA: No structural alterations without buyer consent
- Refer to Building Bye-laws
- Use evidence of registered plans
Legal strategy must be prepared with support from experienced property lawyers in Chandigarh who are familiar with local municipal norms.
Local Building Laws and RERA Coordination in Chandigarh
Chandigarh Building Rules, 2017
These rules govern:
- Floor Area Ratio (FAR)
- Green zones
- Setbacks
- Parking requirements
Deviations are treated as illegal, and local authority (Estate Office or MC Chandigarh) may issue demolition notices, in coordination with RERA.
How Students Should Approach Illegal Construction as a Legal Topic
Law students studying property law should focus on:
- RERA sections and case laws
- Coordination between municipal law and RERA
- Jurisdictional overlaps
- Landmark judgments such as:
- DLF Ltd. vs. RERA Punjab
- Pioneer Urban Land vs. Govindan Raghavan (2019)
Academic understanding combined with real-world application, especially under Chandigarh jurisdiction, gives a strong grasp of this evolving subject.
Legal Remedies Available to Homebuyers
Refund of Paid Amount
Under Section 18, buyers can claim full refund with interest if construction is illegal or delayed.
Possession with Rectification
RERA can order the builder to make changes to restore legality.
Compensation
Under Section 12 and 14, for mental agony, financial loss, and inconvenience.
Preventive Measures for Buyers
Before investing in any property:
- Verify project registration on RERA Chandigarh portal
- Examine layout plan approvals
- Seek opinion from property lawyers in Chandigarh
- Ensure builder’s compliance with bye-laws
Avoiding illegal construction from the start saves years of legal struggle.Illegal construction is not just a violation of urban planning but a direct breach of trust between developers and buyers. With the establishment of RERA, homebuyers now have a strong legal framework to protect their investment, demand accountability, and ensure lawful construction practices.
Whether you are looking for property advocates in Chandigarh, researching for academic purposes, or facing unauthorized changes in your flat or plot, understanding RERA’s role in illegal construction complaints is essential in today’s legal landscape.
FAQs on Illegal Construction Complaints Under RERA
- Can I file a RERA complaint against illegal construction if I’ve already taken possession of the property?
Yes, you can still file a complaint under RERA even after taking possession.
Under the Real Estate (Regulation and Development) Act, 2016, a homebuyer retains the right to raise concerns if the builder has violated the sanctioned building plan, made unauthorized structural changes, or compromised safety norms. Many flat owners in Chandigarh and Mohali file RERA complaints after taking possession when they discover deviations or encroachments. Section 14 of RERA prohibits any alteration without buyer consent, and Section 31 allows filing a complaint even post-possession.
If you’re facing this issue, it’s advisable to consult an experienced property lawyer in Chandigarh for legal evaluation.
- How long does it take for RERA to resolve illegal construction complaints?
Typically, RERA authorities aim to resolve complaints within 60 days, but timelines may vary.
In practice, RERA Chandigarh has provided relief to many buyers within 90 to 120 days, depending on the complexity of the case, documentation, and builder response. Delays can occur if multiple hearings are required or if the builder challenges the jurisdiction. However, compared to regular civil courts, RERA offers a much faster legal remedy for unauthorized construction complaints.
To ensure timely resolution, buyers should file a well-documented complaint and seek legal assistance from qualified RERA lawyers in Chandigarh.
- What is the cost of filing a RERA complaint related to illegal construction in Chandigarh?
The cost of filing a complaint under RERA is relatively low and accessible to most homebuyers.
In RERA Chandigarh, the filing fee usually ranges between ₹1,000 and ₹5,000, depending on the nature of the complaint. This makes the RERA forum a cost-effective legal platform for aggrieved homebuyers dealing with illegal or non-compliant construction.
However, hiring a property dispute lawyer in Chandigarh for drafting, representation, and strategy may involve additional legal fees. This is highly recommended, especially if you’re seeking compensation, refunds, or demolition orders.
- Can unauthorized construction like illegal floors or extensions be regularized by the builder?
In some cases, minor violations may be regularized by paying compounding fees, but not all deviations are legalizable.
Whether an illegal floor or unauthorized extension can be regularized depends on:
- The Chandigarh Building Rules, 2017
- Zoning regulations
- Whether the construction violates FAR (Floor Area Ratio) or green zone norms
Substantial violations like exceeding height limits or encroaching on government land may lead to demolition notices or criminal proceedings. Buyers must verify building approvals through the RERA Chandigarh portal or consult a real estate advocate in Chandigarh before purchasing or taking possession.
- Is RERA applicable to older or ongoing projects without Completion Certificates?
Yes, RERA is applicable to all ongoing projects that did not receive a Completion Certificate (CC) before May 1, 2017.
Many projects in Chandigarh, Panchkula, and Zirakpur fall under this category. If you purchased a flat or plot in a project that was still under development or pending approvals as of that date, you can file a RERA complaint for illegal construction or delays.