•  What is meant by regularization of certain unauthorized developments or
  constructions?

Regularization of certain unauthorized constructions and developments means regularization of certain developments made in contravention to the provisions of the Karnataka Town & Country Planning Act, 1961, Karnataka Municipalities Act 1964 and Karnataka Municipal Corporations Act, 1976 with regard to formation of sites, construction of buildings on non-converted lands, land use and building violations.

• What are violations that will qualify for regularization?

The following types of violations will be regularized.

• Regularization of violation relating to formation of sites in both converted and non-converted land and buildings constructed on non-converted land.
  
  
• Regularization of buildings with land use violations.
  
  
• If the set back violation is less than 50 percent in case of residential buildings and 25 per cent in case of non-residential buildings.
  
  
• If the FAR violations is less than 50 percent in respect of residential buildings and 25 percent in respect of non-residential buildings.

However, these are subjected to the prescribed conditions that are discussed later in the FAQ.

• What is meant by FAR?

'Floor Area Ratio' (FAR) means the quotient obtained by dividing the total covered area of all floors by the area of the plot.  Floor area includes the mezzanine floor also.

                        FAR = Total Covered area of all floors
                                                     Plot area

• What is meant by land use?

'Land use' as defined in the KTCP Act means the purpose to which the site or a building is permitted to be used by the Planning Authority.  The Planning Authorities under a Master Plan classify land area into various categories of uses like residential, commercial, industrial, park, civic amenities etc. Such classification is termed as 'Land use' or zoning of land use or Zoning Regulations under the KTCP Act.

• Who are the competent authorities to regularize unauthorized constructions in
  Bengaluru?

The Commissioner, Bruhat Bengaluru Mahanagara Palike (BBMP), for Bengaluru within its jurisdiction and beyond BBMP jurisdiction and within the Local Planning Area of Bengaluru, the Commissioner, Bengaluru Development Authority is the competent authorities.

• Who are the authorities for regularization of change of land use, and for
  sites formed in unauthorized sub-division of land and layouts?

For Regularization of all types of violation within BBMP area, the Commissioner BBMP is the competent authority. However, with regard to change of land use, and sites formed in unauthorized sub-divided lands and layouts, the concerned part of the application (Yellow and pink applications in the hand book) will be forwarded by the Commissioner BBMP to the Commissioner Bengaluru Development Authority for his opinion. Regularization is subject to consent from the Commissioner, BDA. 

• What is the procedure for regularisation of land use violations?

For regularisation of land use violations, the Act prescribes that procedure as per Section 14A of KTCP Act will have to be followed. This procedure includes paper publication for which an amount of Rs.15000/- has to be paid by the applicant. The Demand Draft towards publication has to be drawn in favour of Commissioner, BDA.

• If the construction of a building is in an-authorized layout and there is land use
  violation, to whom should be the application submitted?

As mentioned above, for any violation within the BBMP area, the application has to be submitted to BBMP only.

• Are there conditions as to who can apply under this scheme?

Yes, there are conditions as to who can apply. Certain developments and change in land use that cannot be regularized are:

• Encroachment on Government land or property belonging to Government Undertaking, Board, Corporation or vested in any Urban Development Authority or Local Authority, or Bengaluru Development Authority.
  
  
• Encroachment of neighbor's property. (Land for which the applicant has no title).
  
  
• Land reserved for civic amenities.
  
  
• Land that is effected by the alignment of any road or proposed ring road, national highway, bye pass, outer ring road, or Mass Rapid Transit Transport.
  
  
• Industry categorized as Red by Karnataka State Pollution Control Board.
  
  
• Land declared as 'Red' in zonal regulation.
  
  
• Basement usage in contravention of byelaw.
  
  
• Land abutting storm water drain, tank bed, river course, bed, or cannel.
  
  
• Land covered by costal zonal regularizations of the Ministry of Environment and Forest, Govt. of India.
   
• Below high tension electric line.
  
  
• Developments made in an agriculture zone of the Approved Master Plan or green belt area as declared under Karnataka Land Revenue Act 1964.
  
  
• Set-back and FAR exceeding the permissible limits etc.

• What are the prescribed limits of building violations, which will qualify for regularization?

The prescribed limits for regularization of setback violations and floor area violations in respect of residential and non residential properties are as follows:

• In case of setback violation in respect of residential and non-residential properties violations up to 50 percent and 25 percent, respectively, will qualify for regularization.
• In case of FAR violation in respect of residential and non-residential properties violations up to 50 percent and 25 percent, respectively, will qualify for regularization

•  What happens if the violations are more than the above permissible limits?

If the developments are more than the permissible limits, it will not be regularized unless the violation is brought down within the prescribed limits for the respective category of buildings.

• If the setback is within the permissible limits but the actual built-up area (FAR) is
  beyond the permissible limits will setback area only be regularized and vice-versa?

No, in either of the cases your application for regularization will not be accepted for regularization unless both the parameters (setback and FAR) are within the permissible limits.

• If basement has been used for commercial or residential use will such violation also be regularized?

 No such usages will be regularized since basement can be used only for the purposes of car parking & installation of services like DG room and electrical room.

• Do I need to enclose certificates from any authority along with the application?

 If the land sought to be regularized falls under hazardous industry or an industry categorized as “RED” by the Karnataka State Pollution Control Board (KSPCB) and falls within the 'Conforming Zone' it can be regularized provided it is accompanied with a clearance certificate from the KSPCB. 

• Do I need to file any certificate from the architect or structural engineer?

 The rules prescribe that if a building has more than 2 floors a certificate from a structural engineer regarding the structural stability of the building is mandatory.  For your convenience a list of Engineers are available at our help desks. The addresses of help desks are available at Information Kiosks & Zonal Offices.
           

•  What is the time limit to file the application for regularization of developments or
  violations?

You need to file the application in the prescribed form on or before 14th December 2007. 

• What happens if I do not avail the opportunity to regularize?

In case you have made unauthorized construction in violation of the norms or zonal regulations and you fail to apply for regularization within the prescribed time, the supply of water and electricity to the building will be liable for disconnection.  Further you will also be liable for action under section 321 of KMC Act 1976.

• Where do I get the application form?

The application form will be available at all Bengaluru-One Centers, Post Offices and Apex Banks in BBMP area. The list of these centers is available in Centre for selling & receiving applications.

• Where do I file the application?

Within BBMP area, application relating to all types of violations (Part I, Part II and Part III) has to be submitted to BBMP only at the receiving centres specified in this handbook. These centers are grouped together based on the jurisdiction of the eight (8) Zonal Joint Commissioners of BBMP. You therefore have to file the applications at the respective centers only as indicated in Centre for selling & receiving applications.

• Are any fees to be paid for regularization along with the application?

Yes, you will have to pay the applicable regularization fees along with the application. The prescribed regularisation fees for the various violations are available in Fee prescribed for regularisation of violations

• Can I pay fee in installments?

No, the entire fee amount has to be remitted in the form of DD at the time of filing the application.

• Is it difficult to calculate the amount payable for regularization of violations?

For your convenience at worked examples have been made to help you to understand how to make the calculation for payment of regularization fee. The application form also has a working sheet where in you can make step by step calculation to arrive at the regularization fee payable. You are advised to first make the calculations in the working sheet before entering in application form.

• If my application is accepted at the centers does it mean that the violations are
  automatically regularized?

No, at the counter, the officer will only acknowledge the list of documents and the demand drafts you have enclosed along with the application form. It therefore does not mean any automatic regularization. This is the task of the Screening Committee and the Competent Authority set up for the purpose. 

• How will I know the outcome of my application for regularization?

The processing of your application will commence only after 14th December 2007. A special set of officers will assist the Screening Committee in processing the application for their correctness. If the application is in order and the violations are within the permissible limits, then the Screening Committee will recommend for regularization to the Competent Authority.  An order for regularization will be passed by the Competent Authority and a certificate will be issued. If the application is not accepted then the order will contain reasons for the rejection of the application for regularization.

• If my application for regularization is rejected is there a provision to appeal? 

Yes, you can appeal before the appellate authority set up by the Government.

                    
Back                                                  Main Menu                                            Next