Before every monsoon, BMC publishes a list of buildings it considers dangerous and serves notices on their occupants. For families who have lived in a building for decades, often as protected tenants, the notice raises urgent questions: must we leave, will we ever get our home back, and what if the building is not as bad as BMC says? This guide explains the law and the practical steps.
The four categories
BMC classifies buildings after a structural audit into these categories:
| Category | Meaning |
|---|---|
| C1 | Dangerous; to be vacated immediately and demolished |
| C2A | Major structural repairs needed, with the building vacated while repairs are done |
| C2B | Major structural repairs needed, without vacating |
| C3 | Minor repairs |
A C1 notice is serious. Lives are at stake, and collapses in Malwani and elsewhere have shown the danger is real. But a classification can also be wrong, so act quickly on both fronts.
The legal basis
- Structural audit: under Section 353B of the Mumbai Municipal Corporation Act, buildings more than 30 years old must have a structural audit by a registered structural engineer, and BMC can act on the results.
- Dangerous structures: under Section 354 of the Act, BMC can require owners and occupiers to repair, secure or remove a structure that is in a ruinous or dangerous condition, and can vacate it.
If you receive a C1 notice
- Read the notice and note the deadline.
- Get the structural audit report on which the classification is based.
- Commission an independent audit from a structural engineer registered with BMC, if you believe the building can be repaired.
- Approach BMC’s Technical Advisory Committee (TAC). Residents can ask the TAC to assess conflicting structural reports.
- Approach the court if needed. Residents have obtained stays where the classification was disputed, but courts are cautious where safety is at risk.
- Do not ignore an order to vacate. BMC can disconnect water and electricity and evacuate the building, and it may ask residents who stay to give an undertaking that they do so at their own risk.
Do tenants lose their rights if the building is demolished?
Generally, no. Demolition of a building on a municipal order does not by itself end a tenant’s rights.
- Under Section 499(6) of the Mumbai Municipal Corporation Act, as interpreted by the Bombay High Court, tenants can in certain circumstances reconstruct their premises where the landlord fails to do so, and recover the cost.
- Courts have held that the mere demolition of a building does not extinguish tenancy rights.
Practical steps to protect your tenancy
- Keep rent receipts, the tenancy agreement, electricity bills and any BMC records in your name.
- Before vacating, record the area and location of your premises, with photographs and, if possible, a signed area statement.
- Do not sign a surrender or “no claim” letter without advice.
- In any redevelopment, insist on a written, registered agreement covering the new premises, area, transit rent and timelines.
Cessed buildings: MHADA’s role
Old “cessed” buildings in the island city, built before 1969 and paying repair cess, are repaired through MHADA’s Mumbai Building Repair and Reconstruction Board. Under Section 79A of the MHADA Act, introduced to speed up the redevelopment of dangerous cessed buildings:
- the owner gets the first chance to propose redevelopment;
- if the owner does not, the tenants or occupants get the next chance; and
- if neither does, MHADA can acquire the building and redevelop it.
Owners and housing societies
Owners and societies of buildings over 30 years old should not wait for a notice. Arrange a structural audit, carry out recommended repairs, and keep records. A society can recover repair costs from members as per its bye-laws.
Frequently asked questions
BMC says our building is C1, but our engineer says it can be repaired. What can we do?
Ask BMC’s Technical Advisory Committee to consider both reports, and take advice on approaching the court if the deadline is close.
Where do we stay if we vacate?
BMC may offer transit accommodation in some cases, but often there is none. In redevelopment, transit rent should be part of the developer’s written agreement.
We are tenants, not owners. Do we get a flat in the new building?
Tenants’ rights in redevelopment depend on the law that applies to the building and on the redevelopment agreement. Protected tenants usually retain the right to premises in the new building.
See also: tenants in redevelopment of trust buildings and property matters.
Consultations are by appointment. To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
This guide describes the law as understood in October 2026. Every building and tenancy is different; act on the notice deadline and take advice on your specific case. It is not legal advice.