Bombay HC Orders State to Frame Rules on Flat Alterations, Terrace Enclosures

A division bench of Justices A.S. Gadkari and Kamal Khata has directed the Maharashtra government to frame comprehensive guidelines specifying which alterations flat owners may lawfully carry out to their apartments and terraces. The order came in a case involving unauthorised construction in a residential building in Kalamboli, Navi Mumbai, where a flat owner had enclosed an open terrace and built an approximately 800 sq. ft. room without civic approval.

What the court said

The bench observed that flat owners routinely install protective grills, cover open terraces with lightweight sheds, put up partition walls to divide or merge rooms, and reallocate utility areas, often without any prior sanction. Noting the absence of a clear rulebook, the court said the State should specify exactly what is and isn't allowed, and directed the Panvel Municipal Corporation to demolish the unauthorised structure in the case before it. The court also asked the government to set up an online portal where residents can upload plans for proposed alterations and receive approvals from civic authorities without delay.

What this means for housing societies

• Once guidelines are notified, societies will have an objective checklist to evaluate members' renovation requests, instead of relying on ad-hoc committee resolutions.
• Common flat modifications — terrace covers, balcony grills, gypsum or wooden partitions — may require formal municipal sanction going forward, not just society NOC.
• The court flagged 'uniform action' against illegal construction, meaning municipal corporations may step up enforcement against unauthorised alterations flagged by societies or neighbours.
• A planned online approval portal, once live, could shorten the wait for members seeking permission for legitimate renovations.

The Maharashtra government has not yet announced a timeline for notifying the guidelines or launching the portal. Managing committees dealing with member alteration requests or disputes over terrace and balcony enclosures should watch for the State's response, since any notified rules will likely apply retrospectively to existing unauthorised work as well as new applications.