Structural audits are crucial for the safety of buildings, especially older structures in cities like Mumbai. A report classifying a building as C1 can have significant consequences: it labels the building as dilapidated, unfit for habitation, and in urgent need of demolition. However, what happens if residents believe this report is inaccurate, exaggerated, or influenced?
Under Mumbai’s regulatory framework, there is a defined legal process to challenge such reports. Let’s explore how.
What is a C1 Classification?
A structural audit assigns buildings into categories:
- C1: The building is beyond repair, structurally unsafe, and must be vacated and demolished immediately.
- C2A / C2B: Major or minor repairs required but the building is not immediately dangerous.
- C3: Safe and does not require urgent intervention.
Once a building is marked C1, it often triggers evacuation notices, disconnection of utilities, and redevelopment processes.
How to Challenge a C1 Structural Audit Report
If you suspect that the C1 categorization is erroneous, influenced, or not based on factual assessments, here’s how you can legally challenge it:
1. Approach the Technical Advisory Committee (TAC) of BMC
- The Technical Advisory Committee (TAC) is constituted by the Brihanmumbai Municipal Corporation (BMC) and comprises structural engineers, architects, and other experts.
- The TAC is specifically empowered to review grievances regarding structural audit reports.
Where to File:
Submit your complaint and supporting documents to the Designated Officer of your Ward Office or the Building Proposal Department at the BMC. Your complaint will be forwarded to the TAC.
2. Obtain a Second Structural Audit Report
- Engage another government-approved structural consultant or institutions like:
- IIT-Bombay
- VJTI (Veermata Jijabai Technological Institute)
- Sardar Patel College of Engineering
- Other BMC empanelled agencies
- Ensure the second audit is conducted promptly, as you typically have only 15 days from receiving the original report to submit the second opinion.
3. Submit the Second Report to TAC
- File your second opinion with the TAC along with:
- Copies of the original C1 report
- Your written complaint
- Documentary evidence of regular building maintenance
- Any photographs or records that support your case
4. Hearing Before TAC
- The TAC will:
- Examine both the original and second structural reports.
- Call structural consultants for a hearing if needed.
- Conduct on-site inspections if warranted.
If there’s a conflict between reports, the TAC may order a fresh structural audit through an independent consultant appointed by the BMC.
Outcome of TAC’s Decision
- The TAC’s decision is final and binding on all parties.
- If the TAC agrees the C1 classification was incorrect, the building may be classified under a lower category (e.g. C2A or C2B), enabling repairs instead of demolition.
What About Action Against Structural Consultants?
If it’s established that the original structural consultant:
- Deliberately submitted a false report, or
- Was negligent in assessing the building’s condition,
then:
- The BMC can deregister the consultant from its approved panel.
- Residents may also initiate civil or criminal proceedings for professional negligence or fraud.
Importance of Acting Quickly
Once a C1 classification is issued:
- Evacuation orders may follow.
- Utility services may be disconnected.
- Redevelopment processes might start, sometimes creating pressure to vacate even if residents disagree.
Therefore, time is of the essence in challenging a C1 report.
Practical Tips for Residents
✅ Act within 15 days to commission and file a second audit report.
✅ Maintain records of maintenance work performed on the building.
✅ Keep a copy of all correspondences with your managing committee and BMC.
✅ Engage legal or technical experts to guide you through the TAC process.
✅ Insist on a proper hearing before TAC to present your evidence.
Conclusion
Yes, a structural audit report marked C1 can absolutely be challenged if you believe it’s inaccurate. The BMC’s Technical Advisory Committee exists precisely to prevent arbitrary demolitions and protect the interests of residents. Take timely action, follow the legal process, and gather solid technical evidence to support your case.
