October 27, 2025: The Bombay High Court has restrained a Mumbai resident from dividing a 620 sq. ft apartment into two units, ruling that the modification was carried out without mandatory permissions and could endanger the building’s safety. The court’s interim order came after the housing society filed a petition alleging that the split violated society rules and legal provisions.
The society informed the court that the flat owner had converted a single residential unit into two independent apartments without approval from civic authorities. It argued that the alteration breached the original sale agreement and risked compromising the structure’s integrity. The society also accused its former chairman of misusing his position to facilitate the division and issue two separate share certificates and electricity meters for the same flat—an act it said contravened the Maharashtra Co-operative Societies Act, 1960, and Model Bye-laws.
After reviewing the documents, Justice Amit Borkar granted interim relief prohibiting any further construction, modification, or sale transactions related to the divided flat until the next hearing on November 20, 2025. The court noted that the housing society had established a strong prima facie case for protection.
Legal experts clarified that dividing one apartment into two or merging two into one is permissible only with proper permissions from the Brihanmumbai Municipal Corporation (BMC) or relevant authorities. “Converting one apartment into two separate apartments, or merging two flats, is legally permissible if the required permissions are obtained from the authorities. Permission is granted on a case-by-case basis after considering the structural stability of the building post-modification,” said architect Vilas Nagalkar, member of the Practicing Engineers, Architects and Town Planners Association (PEATA).
The court’s order underscores the importance of following legal and structural safety norms before making internal alterations in residential buildings.
Source: Realty Plus
