Imagine you own a 600 sq ft apartment in Mumbai and you want to create two smaller units — perhaps to rent one out or accommodate extended family. Before you take the hammer to the wall, you must ask: Is this legally permissible?
According to a recent ruling by the Bombay High Court, the straightforward answer is “No — not without complying with clear statutory and societal requirements.”
In one case, the court intervened to halt the division of a 620 sq ft flat into two units because the original sale deed described the property as a single housing unit, and there was no approval for structural alteration or subdivision.
What the Law & Experts Say
A. When might it be allowed?
Experts say you can legally subdivide or combine units in a residential building, provided you obtain necessary permissions from the civic body (Brihanmumbai Municipal Corporation—BMC) and the housing society. For instance, a merger of two flats into one “jodi” apartment is possible if approved.
B. What approvals are required?
You’ll generally need:
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A no-objection certificate (NOC) from the society or developer.
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Approval from BMC or the building authority for the amended building plan / structural change.
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Certification by a structural engineer that the building’s integrity is unaffected.
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Amendment of the society’s share certificate/deed if a split is allowed.
C. What happens if you skip it?
In the case cited above, the society petitioned the Bombay High Court and got an interim order blocking any further action in respect of the split. This means unauthorized splitting may cause the unit to be treated as illegal, risk your sale transaction, incur penalties, or even make buyers face legal trouble.
Compelling –Why This Matters to Homeowners & Investors
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Structural safety & building compliance: Altering internal walls, adding meters, subdividing units may affect the building’s safety and contravene the declared plan.
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Society rights & other members: A split unit can change undivided share (UDS), voting rights, common area calculations, and maintenance obligations.
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Resale/valuation impact: If the split isn’t legalized, future buyers may hesitate. Or banks may decline loans.
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Regulatory risk: The BMC has issued notices against flats that merged without approval (e.g., Malad area,) indicating active enforcement.
Customer-Focused – Step-by-Step Guide for What To Do
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Check your title deed & approval status – Confirm if your flat is registered as a single unit and whether your society’s declaration allows subdivision.
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Approach your housing society – Seek NOC from the society’s general body. If there is no resolution or the society resists, you may need to explore a legal remedy.
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Consult an architect / structural engineer – They will assess whether your plan is feasible (for example, whether walls to be removed are load-bearing).
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Apply for amended building sanction / BMC approval – Submit revised floor plan to BMC. Without this, the split won’t be regularized.
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Amend the society’s share certificate/deed – If approved, the society must issue separate share certificate(s) for the new unit(s).
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Fix new utilities and tax registrations – If you obtain permission, you may get separate electricity meters, property tax assessment for the new unit(s).
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Document everything for resale – Keep ratified resolution, approved plan, structural engineer’s certificate, amended share certificate, BMC sanction file – all matters for future transactions.
Conclusion
While the idea of dividing a flat into two units in Mumbai appears tempting — especially in high-rate markets — it is not a simple DIY job. There are clear legal guardrails: the flat’s original registration as a single unit, building plan, structural integrity, society approvals, and municipal clearances. Without them, the change could be treated as unauthorized — leading to risk for the homeowner or future buyer.
If you’re considering splitting your apartment, proceed with full legal and technical diligence. It’s only when you secure all approvals that the division becomes truly legal – and protects your value and rights.
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