A Karnataka High Court order to demolish illegal construction near a Bengaluru apartment complex has put the spotlight on a risk for Indian homebuyers: Purchasing apartments in projects that run into approval violations.
The case involved Rajsri Apartments in Bengaluru’s Rajarajeshwari Nagar, where apartment owners challenged a builder’s construction in the setback area adjoining a residential block. The High Court ruled in favour of residents after the fire department found that emergency vehicles would struggle to move around the building in an emergency because there was no open space.
The ruling is significant as across cities, high-rise buildings and mixed-use projects have increased scrutiny around building approvals and fire safety compliance.
Why the Karnataka High Court ruled against the builder
The court treated the issue as a matter of public safety rather than a simple planning dispute. Fire department inspections showed that the required setback space had been reduced below permissible levels, affecting emergency access for firefighting vehicles.
Rahul Hingmire, managing partner at law firm Vis Legis Law Practice, said the judgement establishes that “fire safety and emergency access” take precedence over a builder’s commercial interests.
“The court treated fire safety and emergency access as superior to the builder’s commercial interest. Residents may now question constructions blocking setbacks, driveways or fire movement areas,” Hingmire said.
Vivek Joshi, senior associate at PSL Advocates & Solicitors, said the High Court reinforced that illegal construction cannot be protected merely because the builder has already spent substantial money on the project.
“The division bench emphasised that professional builders bear higher responsibility than individuals, and deviations are presumed deliberate for profit,” he said.
What homeowners should check
Legal experts said the ruling carries an important lesson for homebuyers: Verify approvals independently instead of relying only on brochures or builder assurances.
Several experts said buyers should carefully compare the approved building plan with the actual structure on the ground.
“Illegal construction often appears in open spaces, setbacks, driveways, podiums, parking areas, shops or temporary extensions,” Hingmire said. “If the area around the building meant for fire movement is blocked by construction, it is a serious red flag.”
Alay Razvi, managing partner at Accord Juris, said buyers should closely examine whether a project originally approved as residential has later been modified into a mixed-use or commercial development.
“Any discrepancy between the approved plan, Fire NOC conditions, and the physical construction should be treated as a serious legal and safety warning sign,” Razvi said.
Experts said buyers should verify:
-
Approved building plan -
Occupancy Certificate (OC) -
Completion Certificate (CC) -
Fire department NOC -
RERA registration details -
Land title and encumbrance records
Joshi warned that visible encroachment into open spaces, lack of proper driveway width for fire engines, missing certificates or unusually low prices should all be treated cautiously.
Ishita Singh, partner at S&M Advocates, said buyers should also look for physical deviations such as enclosed balconies, converted parking spaces or construction too close to boundary walls.
“When builders stray from sanctioned plans, they are potentially compromising your safety and the legal standing of your property,” Singh said.
What residents can do if violations are discovered later
Legal remedies remain available even after possession, experts said.
Apartment owners can collectively approach municipal corporations, fire departments, RERA authorities and consumer forums. In serious cases, residents can move High Courts seeking inspections, demolition of illegal portions or cancellation of approvals.
“Setback and fire safety violations are not merely private disputes; they directly affect public safety,” Hingmire said.
Razvi noted that courts can direct site inspections by fire authorities and restrain further construction if violations are confirmed.
Singh said residents should immediately write to local development authorities and municipal bodies once they notice deviations from sanctioned plans.
“Formally reporting these illegalities is the most effective way to trigger an official inspection and secure a stop-work notice,” she said.
Financial risks for homebuyers
The judgement also highlights the financial risks buyers face when projects become entangled in illegal construction disputes.
Experts warned that such projects can suffer steep resale value erosion, financing hurdles, legal uncertainty and even demolition orders.
“Homebuyers may face loss of value, resale problems, loan concerns, insurance issues and uncertainty over common areas,” Hingmire said.
Joshi said banks may reject loans for properties flagged for non-compliance, while insurance companies may refuse coverage for illegal structures.
“Demolition can wipe out entire investment, with no insurance payout since illegal structures are uninsurable,” he said.
Chirag Gupta, associate partner at Alpha Partners, said courts have repeatedly held that unauthorised construction cannot be protected simply because time has passed or money has been invested.
“The practical consequence for purchasers is clear: they may face delay, uncertainty, reduction in value, and potential loss arising from demolition or rectification measures,” Gupta said.
Joshi of PSL Advocates & Solicitors said that buyers may continue paying EMIs despite stalled possession or ongoing litigation.
“Ultimately, the homebuyers bear the brunt of regulatory violations by builders,” he said.
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