LawRato

Shasti on illegal Construction


02-Feb-2023 (In Property Law)
I am looking to buy one flat in Dombivali, when I asked seller to shows his KDMC tax receipt, So on that receipt there is one point mentioned as "Shasti on illegal Construction" and few amount against it. But building have CC and registered under KDMC, here I do not understand if building is legal then how any flat in that is illegal ? and if I bought that flat then is there any problem in future ?
Answers (3)

128 votes

1. What does “Shasti on Illegal Construction” mean?

  • Shasti = penalty/fine. KDMC imposes a fine whenever they detect unauthorized construction or alterations.

  • This can be at the building level (extra floors, deviations from the approved plan) or at the flat level (e.g., seller added a balcony, merged rooms, enclosed open space).

  • Even if a building has a Commencement Certificate (CC) or is registered, individual units can still attract fines if they have internal modifications or if KDMC later detects deviations in the overall structure.

2. How can a legal building have an “illegal” flat?

  • The building’s original approval may be legal, but:

    • The builder might have changed something (extra floor, larger staircase block, more FSI than permitted).

    • Owners may have done internal changes (covered terrace, extended gallery) after possession, which KDMC flagged.

  • In many cases, KDMC simply levies a compounding fee instead of demolishing—basically saying “Pay up to regularize this.”

3. Will this create a problem if you buy?

  • If the fine is paid and the construction is regularized, there’s usually no issue. Keep proof of payment.

  • If not paid, KDMC can keep adding penalties or even issue demolition notices (rare, but possible).

  • You must confirm whether this penalty relates only to your flat or to the entire building.

4. What should you do before buying?

  • Ask the seller:

    • What is the fine for? Flat-specific or building-wide?

    • Has it been fully paid? Get receipts.

  • Do a title & legal search: A local lawyer can verify with KDMC if the property is fully regularized.

  • Get a No-Dues Certificate (NOC) from KDMC or society before purchase.

  • If still unpaid, negotiate with the seller to clear it before you register the flat, or deduct the amount from price.

Bottom line:

  • “Shasti” is a penalty, not necessarily a sign of fatal illegality.

  • If paid and regularized → safe to buy.

  • If unpaid → get clarity before purchase to avoid inheriting liability.



 

Answer #1
653 votes
Dear Sir/Madam, In order to know if the flat is legal or not you need to obtain a list of documents regarding the flat, ownership, building approvals, etc. only on the perusal of these documents, a lawyer can advise you whether you buy this property or not. for details regarding these documents, kindly contact through lawrato. Regards, Adv. Shrikant Bagade
Answer #2
462 votes
Two months after the Deputy Chief Minister Devendra Fadnavis made the announcement that the government will waive the shasti-kar or penalty tax for illegal constructions the state government finally released a resolution on Friday to this effect.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."