BENGALURU: In a positive development for apartment residents, the Bangalore Development Authority (BDA) has implemented new restrictions on revising building plans post-issuance of occupancy certificates (OC).
A circular issued by BDA on July 15 requires approval from at least two-thirds of apartment owners for any modifications when third-party rights are involved, and disallows revisions in projects that have already utilized the permissible Floor Area Ratio (FAR).
A senior official mentioned to TOI that BDA will no longer issue revised master plans for builders, clarifying the enforcement of these regulations.
This directive follows an ongoing legal dispute involving residents of HM Tambourine, a 241-unit apartment complex located in south Bengaluru, who challenged a modified sanction plan approved by BDA in 2016.
The apartment complex was built in 2003 and received its occupancy certificate in 2006. Residents emphasize that all buyers gained an undivided share of the 3-acre-18-gunta property through registered sale deeds, making them co-owners of the land. A decade later, the developer obtained BDA’s approval for an additional building on the same site through a modified sanction plan.
Residents argue that this approval was granted without the necessary consent from apartment owners, as stipulated by the Karnataka Ownership Flats Act (KOFA) of 1972 and the Real Estate (Regulation and Development) Act (RERA) of 2016. They assert that the proposed development is on land already allocated to apartment owners and utilizes development rights and FAR that belong to them.
The case is presently before the Karnataka High Court, where residents are seeking to annul the modified sanction plan.
Resident welfare associations and apartment owner groups have welcomed the circular, stating it clarifies the rights of flat owners and strengthens the legal framework to protect apartment owners throughout Karnataka.
Abdul Aleem, a member of the Change-Makers of Kanakpura and a resident of HM Tambourine, told TOI, “For years, builders have exploited gaps in outdated property laws, leaving homebuyers vulnerable. The current legal structure lacks a clear and effective method for transferring land rights in completed apartment projects, allowing some developers to misuse these gaps by mortgaging land already owned by apartment owners, constructing additional towers, and unlawfully utilizing development rights that belong to flat owners.”
