- Does Regularization of building violations apply for Residential Apartments and other High-rise Commercial buildings?
Yes it does. Residential apartment and high-rise commercial buildings have to apply for regularization if the apartments / high-rise buildings have come up on unauthorized layout/land, or built without change of land use or have setback and FAR violations. If the violations are within the permissible limits, under the recent amended provisions of Karnataka Town & Country Planning Act (KTCP) and Rules, such violations can be regularized. Secondly the Act prescribes that Apartment Complexes / High-rise buildings must have been fully completed with water and electricity connection prior to 03.02.2007.
- Where do I get the amended provisions of the KTCP Act and Rules?
The KTCP Act and Rules are available on our website www.bmponline.org
- How do I know if the Apartment Complex / High-rise building is unauthorised?
a.The apartment complex upto Ground + 3 Upper Floors (upto 15 mts. height) should have obtained plan sanction plan from either Bangalore Development Authority, Bangalore Mahanagara Palike or City Municipal Council and the building should have been constructed as per the sanctioned plan.
b.Apartment complex / High-rise buildings beyond Ground + 3 Upper Floors (more than 15 mts. height) should have obtained plan sanction from either Bangalore Development Authority or Bangalore Mahanagara Palike and the building should have been constructed as per the sanctioned plan.
If these two conditions are not met then the building is unauthorised.
- Who should apply for regularization if apartments and high-rise buildings that have violated the building byelaws?
In the case of apartments and high-rise buildings, the owners have undivided interest on the land occupied by the building and are co-owners of the building. The amended KTCP Act provides only for the ‘Apartment Owners’ Association to file application for regularization.
- What if the Apartment Owners Association is not formed?
Section 76FFof the KTCP Act makes it 'mandatory 'for the application to be filed by the Association only. If an Association is not formed, it advised to form an Association immediately to avail this opportunity.
- Who should pay for the Regularization Fee?
Only the Association should pay the regularisation fee to Bruhat Bengaluru Mahanagara Palike on behalf of the individual owners. It is for the Association to decide, perhaps in a general body meeting/special general body meeting, who or / and how much each one of the co-owners have to pay for the various violations that require regularization.
The association should enclose:
a. resolution made by the association to apply for regularisation
b. list of owners with ownership documents
c. extent of violation made by each individual flat (eg. enclosure of balcony)
d. sanctioned plan of the building (if available)
e. actual as-built plan of the entire building showing extent of Setback/FAR violations
f. photograph of the building
g. Structural Engineers certificate
The total extent of violation for the entire building should not exceed the permissible limits prescribed for regularisation (upto 50% of Setback/FAR violations in case of residential buildings)Please go to the page
FAQ
- What happens if the Developer has constructed one or many additional floors in violation of the sanctioned plan?
By constructing additional floors in violation of the sanctioned plan, such excess construction would fall under FAR Violations. Even in such cases the Association must apply for regularization as the floor (s) that is / are unlawful may have been sold and registered in names of those occupying the unlawful portions. If the FAR violations are within the norms prescribed, then such unlawful portions will be regularized. If they do not fall within the norms, then unless the violations are brought down within the permissible limits, the apartment / high rise complex will not be regularized. In case of the Apartments / High-rise complex that are not regularized the supply of water and electricity will be liable for disconnection after notice to the Association. Further, it is liable for action under section 321 of the KMC Act 1976.
- What if the owners of the unlawful portions are willing to apply for regularization but the Association refuses to file the application?
Since an apartment/high-rise building is considered as one entity, if the Association fails to avail this opportunity to regularize for their members, the supply of water and electricity to the entire building will be liable for disconnection after notice to the Association.
- Will the Association be required to file the Occupation Certificate, No Objection Certificates from the Fire department, Airport authorities, Pollution Control Board etc. at the time of filing the application?
If these certificates are readily available they can be filed, if not available they can be file at the time of processing of the application by the screening committee.
The last date to apply is 14th December 2007. There is no provision under the KTCP Act for Bruhat Bengaluru Mahanagara Palike to extend this date.
- Where do I get more information about regularization of Unauthorized Developments or Constructions?
Bruhat Bengaluru Mahanagara Palike has brought out a handbook, which contains all the details of regularization with worked examples and application form. The handbooks are available at all Post Offices, Apex Bank and Bengaluru One centers. The handbook is priced at Rs.100/- You can visit Bruhat Bengaluru Mahanagara Palike website for details www.bmponline.org, the government notification and the Amended KTCP Act is also available on the website
- Where do I get the amount details of the fee payable for regularization?
Please go to the page
fees payable
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