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Building Violations and Land Encroachment
What is the procedure for obtaining a Building licence?
What is the procedure after grant of Building Licence?
What is an Occupation Certificate? How can one apply for an Occupation Certificate?
What are the offences and penalties for violating the laws?
What is Floor Area Ratio (F.A.R.) and Ground Coverage?
What is the penalty if BDA / BMP land is encroached upon?
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What is the procedure for obtaining a Building licence?
Every person seeking a Building Licence must give a notice in writing to the BMP in its prescribed form. The notice shall be accompanied by the building plans, documents and certificates as prescribed in the By-laws. With the notice, the applicant should pay a building licence fee as prescribed. If all the documents furnished by the applicant are in accordance with the rules as per the By-laws and the RCDP, the licence will be issued within 30 days. If the authority fails to do so, the licence is deemed to be sanctioned.
The BMP may either grant a licence as per the proposal or with such modifications or conditions as it may deem necessary. While granting licences the authority is supposed to enforce a condition that at least two trees be planted in the interest of improving the environment of the area, in the site of size exceeding 300 sq. mts.
The BMP can also refuse licence if the proposed plan is not as per the RCDP and the Building Bylaws and should communicate the same to the applicant in the prescribed form.
What is the procedure after grant of Building Licence?
The owner should give a notice to the BMP of the intention to start work on building site in a pre-scribed form. Further, the owner should also give notice to the BMP on completion of works at the plinth level for obtaining a Commencement Certificate. Within fifteen days from the date of receipt of this notice, the BMP must inspect the site to verify the line out-marked for the building in accordance with the sanctioned plan. The BMP will then issue the Commencement Certificate to the applicant. It is the responsibility of the owner to build as per the plan formally approved by the BMP.
During the course of construction, the owner must display in a prominent place on the property in respect of which the licence was issued, a copy of the building licence along with a copy of the approved plans and specifications.
What is an Occupation Certificate? How can one apply for an Occupation Certificate?
No person can occupy or allow any other person to occupy any new building or part of any new building until such buildings or part of the building has been issued an Occupation Certificate. The owner should apply for the grant of Occupation Certificate in a prescribed form through registered architects, engineers or supervisors. The BMP has twenty one days from the date of receipt of the application to physically inspect the building and confirm whether the application is accepted or rejected. If the application is accepted, the BMP has to issue an Occupation Certificate to the applicant.
What are the offences and penalties for violating the laws?
1. If a Building Licence is obtained in violation of the Bylaws by misrepresentation of facts, fraud or deceit, penal action in addition to cancellation of the licence must be taken.
2. Where a construction is in violation of the sanctioned plan by less than 5%, the Commissioner may regularize such violations by sanctioning of a modified plan with a levy of a prescribed fee. The Commissioner, however, has to record detailed reasons for the sanction.
3. Where a construction is in violation of the sanctioned plan by more than 5%, the BMP may issue a Provisional Order to the owner, giving him 7 days time to conform his construction in accordance to the sanctioned plan. On his failing to do so, a second notice called the Confirmation Order will be issued to him, giving him three days time. On his failing to adhere to the Confirmation Order, the BMP has the authority to pull down the building. The owner of the building will have to bear the expenses of pulling down the building.
Set backs dictate the possible footprint of the building or the property. Set Backs provide the required privacy for neighbouring properties and respect the road and footpath users needs. They are pre-scribed in the RCDP of 1995 beyond which nothing can be constructed towards the plot boundary. Set backs are to be provided in the front, rear and sides for sites of different depths and widths. They vary for by plot size for residential, commercial, public and semi-public buildings. They also vary according to the location of the plot with respect to the block. Depending upon the usage, setbacks also increase for parking requirements. They are as under.
Table A: Exterior open spaces/Set backs for residential commercial, Public and semi-public, Traffic and Transport (T&T) and Public utility (P.U.) buildings upto 9.5. mtrs in height.
What is Floor Area Ratio (F.A.R.) and Ground Coverage?
F.A.R is the maximum built up area permissible for a given plot area. It is the quotient obtained by dividing the total covered area on all floors by the area of the plot;
F.A.R. = Total covered area on all floors
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Plot area
It is the extent of building portion that can be taken up.
Ground Coverage is the covered area in the site. The Karnataka Municipal Corporation Act, Building Bylaws and RCDP enforce the essential regulations of building activities.
The percentage of plot coverage, F.A.R for different plot sizes and widths of roads are given below for residential, commercial, public and semi-public buildings.
The city is divided into the following zones for the purpose of regulating building constructions.
Area A Intensely Developed
Area B Moderately Developed
Area C Sparsely Developed/ other than A and B zones.
The corresponding A-B-C zone will have to be ascertained from a map of Bangalore showing the division of the city that is annexed to the RCDP which is available at the BDA.
Table shows coverage and F.A.R for residential, commercial, public and semi public, T&T and public utility buildings.
What is the penalty if BDA / BMP land is encroached upon?
The BDA / BMP has the mandate to evict occupation and demolish any unauthorized construction on its property.