BENGALURU: A proposed amendment to the city’s building bylaws is raising red flags amid fears it could legitimize existing construction violations. While the Greater Bengaluru Authority (GBA) claims the intent isn’t revenue generation, urban activists argue that the revised compounding fees will boost collections for civic corporations.
The amendment suggests increasing the permissible deviation limit from 5% to 15% for several factors, including setbacks, floor area ratio (FAR), plot coverage, and building height. A new structured compounding fee system would enable property owners to regularize such deviations by paying penalties and acquiring occupancy certificates (OCs) that were previously denied.
Despite rampant violations, civic authorities lack reliable data to assess the issue. Neither the former Bruhat Bengaluru Mahanagara Palike (BBMP) nor GBA has conducted a thorough survey to identify non-compliant buildings. An official from the town planning department informed TOI, “Plans are in place to digitize notice issuance for consistency and better record-keeping, as the current manual approach is inconsistent.”
Planners Raise Concerns
Urban planners have voiced strong opposition to the proposal, arguing it may legitimize non-compliance rather than reinforce enforcement. One planner highlighted potential legal issues, noting that allowing deviations of up to 15% could contravene Supreme Court directives and revive aspects of the controversial ‘Akrama Sakrama’ scheme. Critics warn that the draft undermines adherence to approved plans and circumvents the Metropolitan Planning Committee’s mandates under Article 243-ZE.
R Rajagopalan, convener of the citizens’ group Bengaluru Coalition, stated, “Institutionalizing a 15% deviation without scientific study merely masks ongoing failures in enforcement and monitoring of unauthorized constructions, violating several Supreme Court orders regarding OCs for essential services.”
Pravalika Sarvadevabhatla of Jana Urban Space cautioned, “Raising the deviation limit to 15% merely redraws the boundaries of illegality without addressing enforcement. With only around 4% of buildings having OCs, the focus should be on compliance. Setbacks and FAR are crucial for safety—as demonstrated by the Carlton Towers fire. Relaxing these standards increases risk.”
Addressing Pending OCs
City officials defended the amendment as a practical approach to a long-standing issue. One commissioner noted that the amendment seeks to reduce the substantial backlog of OCs and provides relief for minor violations.
“Most buildings in Bengaluru have some form of deviation. We can’t demolish all of them, nor do we have the resources to do so. Allowing up to an additional 10% deviation will benefit both property owners and the corporations,” he explained, suggesting it could also help generate funds. “On average, the corporation could collect about Rs 3 lakh from each building lacking an OC.”
Maheshwar Rao, chief commissioner of GBA, added, “While there may be some revenue increase through fees, that isn’t the primary goal. Given the common plot sizes in Bengaluru, such as 30×40 or 40×60 feet, some degree of deviation is unavoidable. By permitting variations of up to 15%, more property owners may be inclined to comply with the legal framework. However, in many situations, deviations exceed 15%, so its practical benefits remain to be seen.”
