Chapter XV REGULATION OF BUILDINGS

GENERAL POWERS

1[INCLUDING TOWN PLANNING]

¹ Inserted by the Act 37 of 2024 w.e.f. 04.09.2015.

corporation may make bye-laws,-

1. (a) for the regulation or restriction of the use of sites or buildings, and
2. (b) for the regulation or restriction of building.

1. (2) Without prejudice to the generality of the power conferred by clause
   • (b) of sub-section (1), bye-laws made under that clause may provide,-
   • (a) that no insanitary or dangerous site shall be used for building, and
   • (b) for the regulation or restriction of the construction of buildings intended for public worship on sites.
2. (3) Without prejudice to the generality of the power conferred by clause
   • (a) of sub-section (1), bye-laws made under that clause may provide for the following matters:-
   • (a) information and plans to be submitted together with applications for permission to build;
   • (b) height of buildings, whether absolute or relative to the width of streets;
   • (c) level and width of foundation, level of lowest floor and stability of structure;
   • (d) number and height of storeys composing a building and height of rooms;
   • (e) provision of sufficient open space, external or internal, and adequate means of ventilation;
   • (f) provision of means of egress in case of fire;
   • (g) provision of secondary means of access for the removal of house refuse;
   • (h) materials and methods of construction of external and party walls, roofs, and floors;
     • (i) position, materials and methods of construction of hearths, smoke escapes, chimneys, staircases, privies, drains, cesspools;
   • (j) paving of yards;
   • (k) restrictions on the use of inflammable materials in buildings;
   • (l) in the case of wells, dimensions of the well, the manner of enclosing it and if the well is intended for drinking purposes, the means which shall be used to prevent pollution of water.
3. (4) Every bye-law made under sub-section (1) relating to grant of licence for the construction or reconstruction of a building shall provide that planting of trees and plants in the premises shall be a condition of every licence granted for the construction or reconstruction of any such building.
4. (5) No piece of land shall be used as a site for the construction of a buildings, and no building shall be constructed or reconstructed otherwise than in accordance with the provisions of this Act and of any rules or bye-laws made thereunder relating to the use of building sites or the construction or re- construction of buildings.

Every owner or occupier of a building having sital area of not less than 2400 square feet or every owner who propose to construct a building on a sital area of not less than 1200 square feet shall provide rain water harvesting structure for storage for reuse or for ground water recharge within such date as may be notified by the State Government in such manner and subject to such conditions as may be provided in the rules and guidelines issued by the Corporation. Explanation.- For the purpose of this section,-

1. (a) “rain water harvesting” means collection and storage of rain water from roof top of a building or from a vacant land for reuse or for ground water recharge; and
2. (b) “ground water recharge” means recharging of open well or the under ground water table as the case may be, by use of harvested rain water. Provided that nothing in this section shall apply to the buildings already provided with rainwater harvesting structure in accordance with

section 72 A of the Bangalore Water Supply and Sewerage Act, 1964.]

1. Section 295A inserted by Act 19 of 2012 w.e.f. 28.4.2012.

classes of buildings in particular streets or localities.- (1) The corporation may give public notice of its intention to declare,-

1. (a) that in any streets or portions of streets specified in the notice,-
   • (i) continuous building will be allowed;
   • (ii) the elevation and construction of the frontage of all buildings thereafter constructed or reconstructed shall, in respect of their architectural features be such as the standing committee may consider suitable to the locality, or
2. (b) that in any localities specified in the notice the construction of only detached buildings will be allowed, or
3. (c) that in any streets, portions of streets of localities specified in the

notice, the construction of shops, warehouses, factories, huts or buildings of a specified architectural character or buildings designed for particular uses will not be allowed without the special permission of the standing committee.

1. (2) No objections to any such declaration shall be received after a period of three months from the publication of such notice.
2. (3) The standing committee shall consider all objections received within the said period and may then confirm the declaration, and before doing so, may modify it, but not so as to extend its effect.
3. (4) The Commissioner shall publish any declaration so confirmed and it shall take effect from the date of publication.
4. (5) No person shall, after the date of publication of such declaration, construct or reconstruct any building in contravention of any such declaration.

(1) The corporation may require any building intended to be erected at the corner of two streets to be rounded off or displayed off to such height and to such extent otherwise as it may determine, and may acquire such portion of the site at the corner as it may consider necessary for public convenience or amenity. (2) For any land so acquired the corporation shall pay compensation. (3) In determining such compensation allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.

1. (2) For any land so acquired the corporation shall pay compensation.
2. (3) In determining such compensation allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.

etc., without permission.- (1) No external roof, verandah, pendal or wall of a building and no shed or fence shall be constructed or re-constructed of cloth, grass, leaves, mats or other inflammable materials except with the permission of the Commissioner, nor shall any such roofs, verandah, pendal, wall, shed or fence constructed or re-constructed in any year be retained in a subsequent year, except with such permission.

1. (2) Every permission granted under sub-section (1) shall expire at the end of the year for which it is granted.

(1) If any person intends to construct or re-construct a building, he shall send to the Commissioner an application in writing for permission to execute the work together with a site plan of the land, ground-plan, elevations and sections of the building, a specification of the work 1[including documents related to self- certification of the licensed professionals for such buildings as notified by the Government] and such other documents as may be prescribed. Explanation.- ‘Building’ in this sub-section shall include a wall or fence of whatever height bounding or abutting on any public street. (2) Every document furnished under sub-section (1) shall contain such particulars and be prepared in such manner as may be required under rules or bye-laws. 1. Inserted by Act 65 of 2025 w.e.f. 12.09.2025

1[including documents related to self- certification of the licensed professionals for such buildings as notified by the Government] and such other documents as may be prescribed. Explanation.- ‘Building’ in this sub-section shall include a wall or fence of whatever height bounding or abutting on any public street.

1. (2) Every document furnished under sub-section (1) shall contain such particulars and be prepared in such manner as may be required under rules or bye-laws.

¹ Inserted by Act 65 of 2025 w.e.f. 12.09.2025

Bruhat Bengaluru Mahanagara Palike.- (1) The Commissioner may grant such permission to execute the work together with a site plan of the land, ground plan, elevations and section of the building subject to such restrictions and conditions, as may be specified in the zoning regulations or building bye-

laws or he may refuse to grant such license subject to the conditions specified in section 303.

1. (2) The Commissioner may for approving or sanctioning the plan or grant of commencement certificate or completion certificate, charge and levy the following fee at such rates based on the guidance value 1[of vacant plot] fixed by the Department of Stamps and Registration under the provisions of the Karnataka Stamp Act, 1957, namely:- 2[(a) fee for issuance of license at such rate not exceeding 0.30 percent of guidance value of vacant site under section 45B of the ` 157 Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by proposed built up area;
   • (b) scrutiny fee of the building for which licence granted, at such rate not exceeding 0.10 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by proposed built up area;
   • (c) fee for maintenance usage of public roads, storing of construction materials in public places and other infrastructure facilities provided and maintained by the Corporation and the debris generated, during the period of construction viz. ground rent, at such rate not exceeding 0.25 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by proposed built up area;
   • (d) security deposit as specified in zoning regulation for ensuring that the construction is in accordance with the plan sanctioned;
   • (e) fee for commencement certificate at such rate not exceeding 0.20 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the proposed plinth area;
   • (f) fee for occupancy certificate at such rate not exceeding 1.0 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the proposed built up area;
   • (g) penalty imposed at the time of issuance of occupancy certificate for not obtaining commencement certificate at the commencement of the construction, at such rate not exceeding 0.25 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by constructed built up area;
   • (h) penalty for regularization up to 5 percent of violation or deviation in the construction with respect to the sanctioned plan or Zonal regulations limit specified at such rate not exceeding 35 percent of guidance value of the vacant site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) multiplied by the violated portion; and
     • (i) such other fee as specified by the Government from time to time under this Act and the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and the rules made there under.] 1[299-AB. Levy of imposts, restrictions and conditions.- (1) The Commissioner may grant such permission to execute the work together with a site plan of the land, ground plan, elevations and section of the building subject to such restrictions and conditions, as may be specified in the zoning regulations or building bye-laws or he may refuse to grant such license subject to the conditions specified in section 303.
2. (2) The Commissioner may for approving or sanctioning the plan or grant of commencement certificate or occupation certificate, charge and levy the following fee at such rates as may be prescribed in the rules or bye-laws, based on the guidance value fixed by the Department of Stamps and Registration under the provisions of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) or based on any fixed charges with annual increment, namely:-
   • (a) fee for issuance of license;
   • (b) fee for security of the building for which license granted;
   • (c) fee for maintenance of public roads or storing of construction materials in public places during construction viz, ground rent;
   • (d) security fee, ensuring that the construction is in accordance with plan sanctioned;
   • (e) fee for commencement certificate;
   • (f) fee for occupancy certificate;
   • (g) fee for services rendered by Empanelled Professionals in connection to the Authority's requirements, to be borne by the owners of buildings.
   • (h) penalty imposed at the time of issuance of occupancy certificate for not obtaining commencement certificate at the commencement of the construction;
     • (i) penalty for regularization up to the extent of violation or deviation in the construction with respect to sanctioned plan or zonal regulation

¹ Inserted by the Act 37 of 2024 w.e.f. 04.09.2015.

² Substituted by the Act 37 of 2024 w.e.f. 04.09.2015.

limit, as may be specified in the bye-laws; and

1. (j) such other fee as specified in the bye-laws or as specified by the Government from time to time.]

¹ Inserted by Act 65 of 2025 w.e.f. 12.09.2025.

charged or assessed in respect of the Bruhat Bengaluru Mahanagara Palike.-

1. (1) The State Government may, if in its opinion it is necessary in the public interest so to do, by notification and subject to such restrictions and conditions and for such period, as may be specified in the notification, exempt or reduce the fee payable under this Act, for any Board or Corporation or Organization owned or controlled by the Central Government or the State Government.
2. (2) The State Government may, by notification cancel or vary any notification issued under sub-section (1).
3. (3) Where any restriction or condition specified under sub-section (1) is contravened or is not observed by a person or a declaration furnished under sub- section (1) is found to be wrong, then such person shall be liable to pay by way of penalty, an amount equal to twice the difference between the fee payable at the rate specified by or under the Act and the fee paid at the rate specified under the notification on consideration in respect of which such contravention or non- observance has taken place or a wrong declaration is furnished.
4. (4) For removal of doubts, it is hereby declared that the levy of imposts, assessment and collection of fee or penalty under the Act as amended by the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021or any rules, notification, order, letter or guidelines shall be deemed to have always been levied and collected as levy of imposts.
5. (5) No penal proceeding shall be commended against any person for any contravention of the provisions of Chapter-XV of the Act that may arise as a consequence of the retrospective amendment made by the Karnataka Municipal

Validation of levy and collection of fee.- Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other authority to the contrary levy, assessment or collection of any amount as fee or penalty for sanctioning plan or commencement certificate or occupancy certificate made or purporting to have been made under section 299A and any action or thing taken or done, (including any notices or orders issued or assessment made) and all proceedings held and any levy and collection of fee or amount purported to have been collected by way of fee or penalty in relation to such levy, assessment or collection under the provisions of the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) or any rules, notifications, order, guidelines or letters before the commencement of this Act shall be and shall be deemed to be valid and effective for all purposes as if such levy, assessment or collection or action or thing had been made, taken or done under the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) as amended by the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 and accordingly:-

1. (a) all acts, proceedings or things done or any action taken by the Government or the Bruhat Bengaluru MahanagaraPalike officers as the case may be in connection with the levy, assessment or collection of any amount as fee for all purposes be deemed to be and to have always been made, done or taken in accordance with law;
2. (b) no suit or other proceeding shall be maintained or continued in any Court or Tribunal or before any authority for the refund of any such fee; and
3. (c) no Court shall enforce any decree or order directing the refund of any such fee.] 1. Section 299A to 299C Deemed to have been Inserted by Act 01 of 2022 w.e.f. 13.01.2022.

The construction or re-construction of a building shall not be begun unless and until the Commissioner has granted permission for the execution of the work.

1[300-A. Working Hours for construction activities.– The working hours for undertaking certain kinds of construction activities of buildings and other developments which do not cause nuisance from dust smoke and noise shall be such as may be prescribed in the rules or bye-laws.]

¹ Inserted by Act 65 of 2025 w.e.f. 12.09.2025.

grant permission to execute work.-

1[(1)] Within thirty days after the receipt of any application made under section 299 for permission to execute any work or of any information or of documents or further information or documents required under rules or bye-laws the Commissioner shall, by written order, either grant such permission

¹ Renumbered by Act 32 of 1986 w.e.f. 17.6.1986.

² Inserted by Act 65 of 2025 w.e.f. 12.09.2025.

2[including the permission that may be granted based on self-certification from the licensed professional for such buildings as notified by the Government] or refuse on one or more of the grounds mentioned in section 303 or section 304 to grant it.

¹ Inserted by Act 32 of 1986 w.e.f. 17.6.1986.

1[(2) If the Commissioner has not within the said period of thirty days passed any order, the applicant may address a letter to the Commissioner by name, requesting him to pass necessary orders on his application, and the Commissioner shall, within a further period of 30 days from the date of receipt of such letter, by written order, either grant such permission or refuse, on one or more of the grounds mentioned in section 303 or section 304, to grant it.]

grant or refusal of approval or permission.- (1) If, within the period laid down in

¹ Substituted by Act 32 of 1986 w.e.f. 17.6.1986.

1[sub-section (2) of section 301] the Commissioner has neither given nor refused his approval of a building site, or his permission to execute any work, as the case may be, the standing committee shall be bound, on the written request of the applicant, to determine by written order whether such approval or permission should be given or not.

1. (2) If the standing committee does not, within one month from the receipt of such written request, determine whether such approval or permission should be given or not such approval or permission shall be deemed to have been given and the applicant may proceed to execute the work, but not as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act.

construct building, may be refused.- (1) The only grounds on which approval of a site for the construction or re-construction of a building or permission to construct or re-construct a building may be refused, are the following, namely:-

1. (a) that the work or the use of the site for the work or any of the particulars comprised in the site plan, ground-plan, elevations, sections, or

specification would contravene some specified provisions of any law or some specified order, rule, declaration or bye-law made under any law;

1. (b) that the application for such permission does not contain the particulars or is not prepared in the manner required under rules or bye-laws;
2. (c) that any of the documents referred to in section 299 have not been signed as required under rules or bye-laws;
3. (d) that any information or documents required by the Commissioner under the rules or bye-laws has or have not been duly furnished;
4. (e) that streets or roads have not been made as required by section 280;
5. (f) that the proposed building would be an encroachment upon Government or corporation land;
6. (g) that the site of such building does not abut on a street or a

projected street and there is no access to such building from any such street by a passage or pathway appertaining to such site and not less than five meters wide at any part.

1. (2) Whenever the Commissioner or the standing committee refuses to approve a site for a building or to grant permission to construct or re- construct a building the reasons for such refusal shall be specifically stated in the order.

Notwithstanding anything contained in this

Act or any rule or bye-law made thereunder, the construction of, or any addition to any building of public entertainment or any addition thereto, shall not, except with the previous approval of the Government, be sanctioned by the Commissioner or the standing committee, if the site of, or proposed site for, such building is,-

1. (a) within a radius of two hundred meters from,-
   • (i) any residential institution attached to a recongnised educational institution such as a college, high school or girls school; or
   • (ii) a public hospital with a large indoor patient ward; or
   • (iii) an orphanage containing one hundred or more inmates; or
2. (b) in any thickly populated residential area which is either exclusively residential or reserved or used generally for residential as distinguished from business purposes; or
3. (c) in any area reserved for residential purposes by any housing or planning scheme or otherwise under any enactment: Provided that no permission to construct any building intended to be used for cinematograph exhibition shall be given unless the standing committee is satisfied that sanction to the plans and specifications have been obtained in accordance with the Karnataka Cinemas (Regulation) Act, 1964

(Karnataka Act 23 of 1964) and the rules made thereunder.

(1) Notwithstanding anything contained in section 303, if any street shown in the site plan is an intended private street, the Commissioner may at his discretion refuse to grant permission to construct a building, until the street is commenced or completed.

1. (2) Notwithstanding anything contained in sections 301 and 303, the Commissioner may refuse approval of site for the construction or re-

construction of a building on the ground that the site or the site on which the building is situated is proposed to be acquired for a public purpose, provided that such refusal shall cease to operate after a period of six months from the date of communication of the refusal to the applicant.

If the construction or re-construction of a building is not commenced within two years after the date on which permission was given to execute the work, the work shall not be commenced until a fresh application has been made and a fresh permission granted under this Chapter.

The Commissioner may inspect any building during the construction or re-construction thereof, or within one month from the date of receipt of the notice given under section 115.

(1) If the Commissioner finds that the work,- (a) is otherwise than in accordance with the plans or specifications which have been approved, or (b) contravenes any of the provisions of this Act or any rule, bye-law, order or declaration made under this Act, he may by notice require the owner of the building within a period state either,- (i) to show cause why such alterations should not be made, or (ii) to make such alterations as may be specified in the said notice with the object of bringing the work into conformity with the said plans, specifications or provisions. (2) If the owner does not show cause as aforesaid he shall be bound to make the alterations specified in such notice. (3) If the owner shows cause as aforesaid the Commissioner shall by an order cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as he may think fit.

1. (a) is otherwise than in accordance with the plans or specifications which have been approved, or
2. (b) contravenes any of the provisions of this Act or any rule, bye-law, order or declaration made under this Act, he may by notice require the owner of the building within a period state either,-
   • (i) to show cause why such alterations should not be made, or
   • (ii) to make such alterations as may be specified in the said notice with the object of bringing the work into conformity with the said plans, specifications or provisions.

1. (2) If the owner does not show cause as aforesaid he shall be bound to make the alterations specified in such notice.
2. (3) If the owner shows cause as aforesaid the Commissioner shall by an order cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as he may think fit.

Notwithstanding anything contained in any of the preceding sections, the Commissioner may at any time stop the construction or re-construction of any building if in his opinion the work in progress endagers human life.

Every person shall, within one month after the completion of the erection of a building or the execution of any such work, deliver or send or cause to be delivered or sent to the Commissioner at his office notice in writing of such completion, accompanied by a certificate in the form prescribed in the bye- laws signed and subscribed in the manner prescribed and shall give to the Commissioner all necessary facilities for the inspection of such buildings or of such work and shall apply for permission to occupy the building.

1[(1A) Notwithstanding anything contained in sub-section (1), where permission is granted to any person for erection of a building having more than one floor, such person shall, within one month after completion of execution of any of the floors of such building, deliver or send or cause to be delivered or

¹ Inserted by Act 32 of 1986 w.e.f. 17.6.1986.

sent to the Commissioner at his office, a notice in writing of such completion accompanied by a certificate in the form prescribed in the bye-laws, signed and subscribed in the manner prescribed and shall give to the Commissioner all necessary facilities for inspection of such floor of the building and may apply for permission to occupy such floor of the building.]

1. (2) No person shall occupy or permit to be occupied any such building, 1[or part of the building] or use or permit to be used the building or part thereof affected by any work, until,-
   • (a) permission has been received from the Commissioner in this behalf; or
   • (b) the Commissioner has failed for 2[thirty] days after receipt of the notice of completion to intimate his refusal of the said permission. 1[(3) The Government may notify the category of building which shall be exempted from obtaining occupancy certificate.]

¹ Inserted by Act 32 of 1986 w.e.f. 17.6.1986.

² Substituted by Act 32 of 1986 w.e.f. 17.6.1986.

¹ Inserted by Act 64 of 2025 w.e.f. 12.09.2025

'building' does not include a hut.

The provisions of sections 299, 300, 306, 307, 308 and 309 shall, so far as may be, apply to wells.

(1) Every person who intends to construct or re-construct a hut shall send to the Commissioner,- (a) an application in writing for permission to execute the work, and (b) a site-plan of the land. (2) Every such application and a plan shall contain the particulars and be prepared in the manner required under the rules or bye-laws.

1. (a) an application in writing for permission to execute the work, and
2. (b) a site-plan of the land.

1. (2) Every such application and a plan shall contain the particulars and be prepared in the manner required under the rules or bye-laws.

The construction or re-construction of a hut shall not be commenced unless and until the Commissioner has granted permission for the execution of the work on an application sent to him under section 313.

Within fourteen days after the receipt of any application made under section 313 for permission to construct or re-construct a hut, or of any information or plan or further information or fresh plan required under rules or bye-laws, the Commissioner shall, by written order, either grant such permission or refuse on one or more of the grounds mentioned in section 317 to grant it.

(1) If within the period laid down in section 315, the Commissioner has neither granted nor refused to grant permission to construct or re-construct a hut, the standing committee shall be bound on the written request of the applicant to determine by written order whether such permission should be granted or not.

1. (2) If the standing committee does not, within thirty days from the receipt of such written request determine whether such permission should be granted or not, such permission shall be deemed to have been granted; and the applicant may proceed to execute the work but not so as to contravene any of the provisions of this Act or any rules or bye-laws made under this Act.

(1) The only grounds on which permission to construct or re-construct a hut be refused are the following, namely:-

1. (a) that the work or the use of the site for the work would contravene

some specified provision of any law or some specified rule, bye-law, order or declaration made under any law;

1. (b) that the application for permission does not contain the particulars or is not prepared in the manner required under rules or bye-laws;
2. (c) that any information or plan required by the Commissioner under rules or bye-laws has not been duly furnished;
3. (d) that streets or roads have not been made as required by section 280;
4. (e) that the land on which the hut is to be constructed or the street or streets on which such land abuts are not adequately drained, levelled or lighted;
5. (f) that the proposed hut would be an encroachment upon Government or corporation land.

1. (2) Whenever the Commissioner or standing committee refuses to grant permission to construct or reconstruct a hut, the reason for such refusal shall be specifically stated in the order.

If the construction or reconstruction of any hut is not commenced within six months after the date on which permission was given to execute the work, the work shall not be commenced until a fresh application has been made and a fresh permission granted under this Chapter.

The owner or occupier of any building adjoining a street shall keep the external part thereof in proper repair with limeplaster or other material to the satisfaction of the

Application of provisions to alterations and additions.- (1) The provisions of this Chapter and of any rules or bye-laws made under this Act relating to construction and re-construction of the buildings or huts shall also be applicable to any alteration thereof or addition thereto:

Provided that works of necessary repair which do not affect the position or dimensions of a building or hut or any room in a building therein shall not be deemed an alteration or addition for the purpose of this section.

1. (2) If any question arises as to whether any addition or alteration is a necessary repair not affecting the position or dimensions of a building or hut or room in a building therein, such question shall be referred to the standing committee, whose decision shall be final.

commenced, carried on or completed.- (1) If the Commissioner is satisfied,-

1. (i) that the construction or re-construction of any building or hut or well,-

1. (a) has been commenced without obtaining his permission or where an appeal or reference has been made to the standing committee, in contravention of any order passed by the standing committee; or
2. (b) is being carried on, or has been completed otherwise than in accordance with the plans or particulars on which such permission or order was based; or
3. (c) is being carried on, or has been completed in breach of any of the

provisions of this Act or of any rule or bye-law made under this Act or of any direction or requisition lawfully given or made under this Act or such rules or bye-laws; or

1. (ii) that any alteration required by any notice issued under section 308, have not been duly made; or
2. (iii) that any alteration of or addition to any building or hut or any other work made or done for any purpose into, or upon any building or hut, has been commenced or is being carried on or has been completed in breach of section 320, he may make a provisional order requiring the owner of the building to demolish the work done, or so much of it as, in the opinion of the Commissioner, has been unlawfully executed, or make such alterations as may, in the opinion of the Commissioner, be necessary to bring the work into conformity with the Act, rules, bye-laws, directions or requisitions as aforesaid, or with the plans or particulars on which such permission or orders was based and may also direct that until the said order is complied with the owner or builder shall refrain from proceeding with the building or well or hut.

1. (2) The Commissioner shall serve a copy of the provisional order made under sub-section (1) on the owner or builder of the building or hut or well together with a notice requiring him to show cause within a reasonable time to

be named in such notice why the order should not be confirmed.

1. (3) If the owner or builder fails to show cause to the satisfaction of the Commissioner, the Commissioner may confirm the order, with any modification he may think fit and such order shall then be binding on the owner.
2. (4) If the construction or reconstruction of any building or hut is commenced contrary to the provisions of section 300 or 314 and the Commissioner is of the opinion that immediate action should be taken, then, notwithstanding anything contained in this Act, a notice to be given under sub- section (2) shall not be of less duration than twenty-four hours and shall be deemed to be duly served if it is affixed in some conspicuous part of the building or hut to which the notice relates and published by proclamation at or near such building or hut accompanied by beat of drum, and upon such affixation and publication, all persons concerned shall be deemed, to have been duly informed of the matters stated therein. 1[321-A. Regularisation of certain unlawful buildings.- (1) Notwithstanding anything contained in this Act, when construction of any building is completed in contravention of the section 300, section 321 and building by laws made under section 423, the Commissioner may regularise building constructed prior to 3[

2[the date of commencement of the Karnataka

Town and Country Planning and certain other Laws (Amendment) Act, 2013] ] subject to the following restrictions and such rules as may be prescribed and on payment of the amount specified in sub-section (2), namely:-

1. (a) Where the building is built abutting the neighbouring property or where the set back provided is less than the limit prescribed in bye laws, violation upto twenty-five percent in case of non-residential buildings and fifty percent in case of residential buildings shall be regularized.
2. (b) No development made in the basement or usage in contravention of bye law shall be regularized.
3. (c) The construction of building shall not be regularised if it violates the building line specified on any given road unless the owners of such building furnish an undertaking that the space between the building line and the road or footpath or margin will be given up free of cost at any time when required for the purpose of widening the road in question.
4. (d) The provisions of sub-sections (2) to (14) of section 76 FF of the Karnataka Town and Country Planning Act, 1961, shall apply mutatis mutandis for regularization of building under this section and application for regularization being made to the Commissioner.

1. (2) Regularisation of any construction under this section shall be subject to payment of the prescribed amount which may be different for different types of contravention of building bye-laws; Provided that the amount so prescribed shall not be less than,- (i) 2[six]

percent of the market value, determined in accordance with the

Karnataka Stamp Act, 1957 and rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio does not exceed twenty five percent;

(ii)

2[eight] percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio exceeds twenty five percent but does not exceed fifty percent: Provided further that where the portion of the building is built in violation of the provisions referred to above is being used or meant for non-residential purpose and amount payable for regularization of such portion shall be,- (a)

2[twenty] percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio does not exceed twelve and a half percent; (b)

2[thirty five]

percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of the building built in violation of the provisions referred to above, if such violation of set back norms and permissible floor area ratio exceeds twelve and a half percent but does not exceed twenty five percent.

1. (3) No person shall be liable to pay fine or fee for regularization under any other law if he has paid regularization fee under this Act for the same violations.
2. (4) All payments made under sub-section (1) shall be credited to a separate fund kept in the concerned Local/Planning Authority called the urban areas infrastructure Development fund which shall be utilized in such manner, for the development of infrastructure, civic amenities, lighting, parks, drinking water, drainage system and for any other infrastructure, as may be prescribed.

The jurisdictional officer who is proved to have failed to prevent unauthorized deviation or construction that have taken place in his jurisdiction shall be liable for such punishment as may be prescribed.]

1. Sections 321-A and 321-B inserted by Act 1 of 2007 w.e.f. 15.9.2007 by notification text of

² Substituted by Act 57 of 2013 w.e.f. 27.08.2013.

³ Substituted by Act 67 of 2013 It shall be deemed to have come into force with effect from

the Notification is at the end of the Act. the 19 th day of October, 2013.