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Illegal construction

Buildings in Bangalore must be in accordance with the BBMP Building Byelaws 2003.  These byelaws prescribe technical parameters for buildings which includes offsets and floor area ratio (FAR).  The floor area ration is equal to the total covered area of all floors divided by the total plot area.  For constructing a new building or making major changes to an existing building, a building licence has to be taken from BBMP.  The documents to be attached to the application are:

The application in the prescribed form

Title deed or possession certificate

Latest property tax paid receipt

Survey sketch

For alteration of a building, the previously sanctioned building plan

Drawing of the site with information required by the byelaws

Building plan with information required by the byelaws

Licence fee receipt

Indemnity bond

Foundation certificate from technical authority

Certicates from BDA, BWSSB, BESCOM, Fire Services Authority, Airports Authority (if applicable), Telecom Authority, Slum Board, etc etc.

Supervision certificate from architect or engineer

A ground rent fee is also charged if materials will be stocked on public land

          BBMP is supposed to dispose of the application within 30 days.  We may need to discuss the experience of applicants with the process.  There are some additional requirements if plan is sanctioned for planting at least 2 trees, providing dust barriers during construction and giving a security deposit that is refundable.

          The construction has to start within 2 years of getting permission and plans should be displayed on the site. If BBMP does not inspect the site within 15 days of giving the plan sanction and give a commencement certificate, the applicant can start construction.  Normally the building must be finished within 5 years after commencement, and in a month’s time this should be reported to BBMP, which should inspect whether it satisfies the plan conditions and issue an occupancy certificate within 30 days.  The actual experience of applicants needs to be discussed since many buildings do not have occupancy certificates. Without completion certificate and occupancy certificate, no building should be occupied.  This condition is rarely observed.

          If deviation is within 5% of the plan, setback, FAR, plot coverage and building height or if deviation cannot be removed without affecting the stability of the building, the Commissioner can regularize the building by recording reasons and levying the prescribed fee. Regularisation cannot be done if the plan has been rejected or there is no sanctioned plan.  The setback and FAR rules have been given in detail in the tables attached to the building byelaws.           BBMP has drafted new byelaws for penalizing serious violators which include even taking over part of the construction and punishing the responsible officers.  But they have not come into force.  Meanwhile, several persons have approached the High Court for demolition of illegal constructions.  BBMP has done a survey and identified almost a thousand such cases.  It has told the Court that many of its demolition orders have been challenged before the Karnataka Appellate Tribunal.  The Court has ordered a resurvey of violations in building construction.  Any city resident who notices constructions in violation of the building byelaws can complain to the BBMP Joint Commissioner of the zone who is expected to get the construction inspected through his town planning and engineering officers and take immediate action.

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