Frequently asked questions
Zoning and Landing Conversions
Where does one get the relevant information on zoning regulations?
What are Land Use Conversions?
What is the policy document for determining land use in any part of Bangalore?
What is the current policy for change in land use? What is a Commencement Certificate?
How can one obtain it?
How long will it take to get an approval for change in land use?
Is there a penalty for use of land for other than the specified purpose?
Who do I complain to if my neighbour is using his house as an office without authority to do so?
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A city is normally divided into nine zones as described by the Karnataka Town and Country Planning Act 1961, depending on the use of the land - Residential, commercial, industrial, public and semi-public, utilities and services, parks and open space playgrounds, transportation and communication and green belt (agricultural land / water sheet). Neighbourhoods can have a variety of zoning.
Zoning regulation specifies the uses that are permitted on land. Exemptions and revisions can be made in special cases, taking into consideration the long-time requirements of the city.
It is as per the Revised Comprehensive Development Plan (RCDP) approved by the Government in 1995 that covers 1279 sq. km. The RCDP is prepared by the Town Planning Department of the BDA.
Zoning regulation ensures planned urban development. It prevents overcrowding in buildings / land and thus ensures adequate facilities. It protects the residential areas from harmful invasions of commercial and industrial uses and promotes orderly development of neighbourhoods and the city.
Where does one get the relevant information on zoning regulations?
Both the RCDP and the zoning maps are available at the BDA office for public reference. Citizens can also purchase a copy of the RDCP.
What are Land Use Conversions?
Citizens often complain that properties meant for residential use are used for commercial purposes. The answers to the following questions clarify the policy regarding land use, and deal with the procedures to be followed for change in land use as provided in The Karnataka Town and Country Planning Act (KTCP Act), 1961.
What is the policy document for determining land use in any part of Bangalore?
The Revised Comprehensive Development Plan (RCDP) of 1995 prepared by the BDA is the policy document for determining land use in any part of Bangalore. Any person who wishes to change the present use of land or building to any other use of land is required to get a change in land use order in the form of a Commencement Certificate from the BDA. Certain uses of land are permissible in various land use zones of the RCDP under normal circumstances and also certain uses are permitted under special circumstances by the BDA. In such cases, change of land use is not required. But while constructing buildings for land uses which are permissible under special circumstances, a clearance from the BDA is to be obtained in the form of a Commencement Certificate. The citizens may approach the Town Planning Department of the BDA for any clarifications regarding any uses permissible under both normal and special circumstances in different land use zones.
What is the current policy for change in land use? What is a Commencement Certificate? How can one obtain it?
The BDA may permit the change in land use only after the approval of the Urban Development Department of the State Government. The approval is given only if the changes to land use are in the interest of the public.
The procedure for change in land use is:
1. The owner of land seeking a change in land use, should give an application to the BDA in the prescribed form along with the following documents:-
• Sale deed
• Khatha certificate
• Encumbrance certificate
• Latest tax paid receipt
• Building plan / location plan showing the site no., street and neighbouring developments.
2. After verification of all documents and after site inspection, the BDA intimates the applicant to remit Rs.15, 000 as notification charges.
3. The BDA publishes the proposed change in land use in daily newspapers having circulation in the area, inviting any objections for such change.
4. The objections should be received within a period of 16 days from the date of publication of such notification.
4a. If objections are received and these objections are valid, the BDA can decline the change of land use.
4b. If no objections are received, the BDA will make enquiries as may be required, and submit the proposal for change in land use to the Urban Development Department of the State Government. The decision of the State Government will be final. On obtaining clearance from the State Government, the BDA will grant a Commencement Certificate.
5. In order to receive the Commencement Certificate, the owner of the land will have to pay the pre-scribed fees to the BDA. The BDA shall serve a notice in Form VIII by registered post to the applicant to pay the prescribed fees within 90 days from the date of receipt of such notice. The prescribed fees are given below:
• For change of land use to commercial use - Rs.75.50 per square meter
• For change of land use to industrial use - Rs.40.50 per square meter
• For change of land use to residential use - Rs.20.50 per square meter
The owner of the land can use the land for the changed use only after the receipt of the Commencement Certificate from the BDA.
How long will it take to get an approval for change in land use?
The BDA receives an average of 30 applications every month for change in land use. The BDA gives a public notification inviting objections for change in land use and also makes inquiries as may be necessary and then submits such applications to a sub-committee constituted for the purpose which meets once in three months. The sub-committee and the State Government may take anywhere between a week to 6 months to grant its approval provided all documents furnished by the applicant are in order.
Is there a penalty for use of land for other than the specified purpose?
The BDA may give a notice in writing to the owner of the land directing him to stop the construction / use of land, within 7 days, for purposes other than those specified in the Revised Comprehensive Development Plan. After making such enquiry as may be required and after giving an opportunity to the violator to be heard, the BDA can pull down, after following the prescribed procedure, such semi / completely constructed building and restore the land to its original condition.
The costs of restoring the site to its original condition are to be incurred by the owner of the land or any other person in default.
Who do I complain to if my neighbour is using his house as an office without authority to do so?
Certain uses of land are permissible in the residential zone for which prior permission of the BDA is not required. E.g.: for running a jewellery / tailoring / video shop, one does not need a change in land use (from residential to commercial) certificate.
A complete list of these uses is given in the RCDP. In case of any unauthorised land use, a complaint can be lodged with the Town Planning Department of the BDA which will take immediate action against the defaulter.