Chapter XVI REGULATION OF BUILDINGS INCLUDING TOWN PLANNING

(1) With the approval of the Government the Corporation may make bye-laws,- (a) for the regulation or restriction of the use of sites or buildings; and (b) for the regulation or restriction of building. (2) without prejudice to the generality of the power conferred by clause (b) of sub-section (1) bye-laws may provide for the following,- (a) Information and plans required to be submitted to the Corporation by any person seeking to construct a building within the jurisdiction of the Corporation. (b) The type of site where the buildings may be constructed and the permitted technical standards for such construction. (c) List of locations around which certain types of constructions may be prohibited. (d) Height of building sought to be constructed, whether absolute or relative to the width of the street (e) Level and width of foundation of the building sought to be constructed, level of lowest floor and stability of structure (f) Provision of sufficient open space, external or internal and adequate means of ventilation within the building. (g) Provision for secondary means of access for the removal of waste from the building (h) Materials and methods of construction of external and party walls, roofs and floors within the building (i) Position, materials and methods of construction of hearts, smoke escapes, chimneys, staircases, privies, drains, cesspools within or outside the building (j) Paving of yards within the site where the building is sought to be constructed (k) Restrictions on the use of inflammable materials within the buildings in accordance other relevant regulations. (l) Provision of lifts within the building (m) Fire protection requirement within the building in accordance with the fire plan (n) Minimum plantation required within a building (o) Installation of rain water harvesting systems within the building; and (p) Minimum quality of materials to be used during construction of buildings.

No person shall construct any building or any structure of a permanent nature or execute any of the work relating to the construction of building including addition, alteration or modification of an existing within the jurisdiction of the Corporation save and except in accordance with building bye-laws issued under section 238 and upon the sanction of the Corporation to undertake such construction.

(1) If any person intends to construct or reconstruct a building, he shall by way of an application as prescribed apply to the Zonal Commissioner for permission with such documents as may be prescribed to undertake such construction or re-construction. (2) Upon receipt of the application under sub-section (1), the Zonal Commissioner shall verify if the application confirms to the building bye-laws and grant permission to undertake construction or if the application does not confirm to the building bye-laws reject such applications. (3) The Corporation shall prescribe the conditions for the approval or rejection of building bye-laws. (4) While verifying an application sub-section (1) the Zonal Commissioner may seek for such information necessary to process the application from officers of the ward committees. (5) The zonal commissioner may if necessary refer any application received under sub-section (1) to the Chief Commissioner who shall determine in such application in consultation with the Mayor or any other appropriate corporation authority in accordance with the Act. (6) The Zonal Commissioner shall process any application received under sub-section (1) within such time periods as may be prescribed and in the event of the zonal commissioner not communicating the decision on such application within the prescribed time period the application shall be deemed to be approved: Provided that, deemed approval shall not be accorded to those applications referred to the Chief Commissioner under Sub-Section (4). (7) Any approval for a building plan issued under this Section shall be valid for a duration of five years upon which the person shall apply for permission afresh. (8) Any person who constructs in the absence of a sanctioned building plan shall be required to pay such penalty as may be prescribed and apply for sanction of the building plan in accordance with this Chapter. (9) Any person who constructs a building not in accordance with the sanctioned building plan, the Zonal Commissioner may direct such persons to undertake such modification or alteration of the building to ensure conformity to the sanctioned building plan (10) The Zonal Commissioner or such officers authorized by him may undertake such random physical scrutiny of buildings as necessary for the purposes of enforcing the provisions of this Act. (11) Notwithstanding anything contained in this Section the Zonal Commissioner shall have the power to order for the stoppage of any construction which in his opinion endangers the human life.

(1) The Chief Commissioner may grant such permission to execute the work together with a site plan of the land, ground plan, elevations and sections of the building subject to such restrictions and conditions, as may be specified in the bye-laws or he may refuse to grant such licence, subject to the conditions specified in section 244. (2) The Corporation while fixing the rates for levy of fee or penalty shall consider all the costs related to the issue and execution of the approval as he may deem fit. (3) The Chief Commissioner may for approving or sanctioning the plan or grant of commencement certificate or completion certificate,- (A) charge and levy the following fee at such rates based on the guidance value fixed by the Department of Stamps and Registration under the provisions of the Karnataka Stamp Act, 1957, namely:- (a) fee for issuance of license at such rate not exceeding 0.30 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; (b) fee for maintenance of public roads or storing of construction material in public places during 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 the proposed built up area; (c) security deposit as specified in the zoning regulation for ensuring that the construction is in accordance with the plan sanctioned; (d) 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; (e) fee for completion certificate 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 the proposed built up area; (f) 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; (g) scrutiny fee 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 the proposed built up area; (h) penalty imposed at the time of issuance of completion 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; (i) penalty for regularisation of violated or deviated portion of construction up to the extent allowed under the Act at such rate not exceeding 35 percent of the guidance value of site under section 45B of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) for the violated portion; and (j) such other fee as nay be specified by the Government from time to time. (k) the ceiling limits of fee and penalty for residential uses shall be 2/3rdthe values specified in sub-clauses (a) to (j). (B) charge and levy any other deposit or fee or cess specified under any other law in force. In the Principal Act, in section 240 A,- (i) in sub section (2),for the words "The Chief Commissioner" the words "The Corporation" shall be substituted. (ii) in sub-section (3), in clause (A),- (a) in sub-clause (e),for the figures and word “'1.0 percent”, the figures and word “0.10 percent”, shall be substituted; and (b) after sub-clause (j), the following shall be inserted, namely:- "(k) The ceiling limits of fee and penalty for residential uses shall be 2/3rd the values specified in sub-clauses (a) to (j)".

(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 either prospectively or retrospectively, 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) The State Government may, by notification cancel or vary any notification issued under sub-section (1). (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 rates specified by or under the Act and the fee paid at the rates specified under the notification on the consideration in respect of which such contravention or non-observance has taken place or a wrong declaration is furnished: Provided that, before taking action under sub-section (1), the person shall be given a reasonable opportunity of being heard. (4) For the 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, 2021 or any rules, notification, order, letter or guidelines shall be deemed to have always been levied and collected as levy of imposts.

Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or other authority to the contrary, levy, assessment and collection of any amount as fee or penalty for sanctioning Building plan, Commencement Certificate, made or purporting to have been made under section 240A, section 246 and any action initiated 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 Bruhat Bengaluru MahanagaraPalike Act, 2020 (Karnataka Act 53 of 2020) or any rules, notification, order, letter or guidelines, before the commencement of the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 shall be and shall be deemed to be valid and effective for all purposes, as if such levy, assessment or collection or action had been made, taken or done under the Bruhat Bengaluru MahanagaraPalike Act, 2020 (Karnataka Act 53 of 2020) as amended by the Karnataka Municipal Corporations and Certain Other Law (Amendment) Act, 2021 and accordingly,- (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; (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 (c) no Court shall enforce any decree or order directing the refund of any such fee.

(1) Every owner who proposes to construct a building on a sital area of not less than 108 square meter shall provide rain water harvesting structure for storage, for use or for ground water recharge in such manner and subject to such conditions as may be provided in the regulations and guidelines issued by the Corporation. (2) Every owner who proposes to construct a building on sital area of not less than 216 square metres or an owner or occupier of a building having sital area of not less than 216 square metres, shall provide rainwater harvesting structure for storage, for use and for ground water recharge subject to such conditions as may be specified in the regulations and guidelines issued by the Corporation. (3) Every owner who proposes to construct a building on sital area of not less than 1000 square meter or a owner of a building having sital area of not less than 1000 square meter who has not provided rain water harvesting structure before the commencement of this Act shall provide dual piping system and rain water harvesting structure for storage and reuse based on roof area and ground water recharge based on paved and unpaved areas in such manner and subject to such conditions as may be specified in the regulations and guidelines issued by the Corporation. Explanation.- For the purpose of this section,- (a) “rain water harvesting” means collection and storage of rain water from roof top of a building or from a vacant land for use or for ground water recharge; and (b) “ground water recharge” means recharging of open well or the bore well or the underground water as the case may be, by use of harvested rain water.

(1) If any person intends to construct or re-construct a building, he shall send to the Zonal 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 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) Within thirty days after the receipt of any application made under section 242 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 Zonal Commissioner shall, by written order, either grant such permission or refuse on one or more of the grounds mentioned in section 244 or section 245, to grant it. (2) If the Zonal Commissioner has not within the said period of thirty days passed any order, the applicant may address a letter to the Chief Commissioner by name, requesting him to pass necessary orders on his application, and the Chief Commissioner shall, within a further period of thirty 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 244 or section 245, to grant it.

(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:- (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; (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; (c) that any of the documents referred to in section 242 have not been signed as required under rules or bye-laws; (d) that any information or documents required by the Zonal Commissioner under the rules or bye-laws has or have not been duly furnished; (e) that streets or roads have not been made as required by section 216; (f) that the proposed building would be an encroachment upon Government or corporation land; (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. (2) Whenever the Zonal 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. (c) that any of the documents referred to in section 242 have not been signed as required under rules or bye-laws; (d) that any information or documents required by the Zonal Commissioner under the rules or bye-laws has or have not been duly furnished; (e) that streets or roads have not been made as required by section 216; (f) that the proposed building would be an encroachment upon Government or corporation land; (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. (2) Whenever the Zonal 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 Zonal Commissioner or the standing committee, if the site of, or proposed site for, such building is,- (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 (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 (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) Every person who has constructed a building in accordance with the provisions of this Chapter shall apply for a completion certificate to the Zonal Commissioner within one month from the date of completion of such construction. (2) Any application for completion certificate shall be certified by an empanelled architect who shall certify that the building has been constructed in accordance with the sanctioned building plan: Provided that, if an empanelled architect certifies a building which is not in conformity with the building bye-laws, the Corporation may upon hearing the concerned architect levy such penalty as may be prescribed. (3) The Zonal Commissioner upon receiving an application for grant of completion certificate may grant the completion certificate or the Corporation may undertake such physical inspection of the building, as necessary, and grant or reject the application for completion certificate. No person shall occupy the building in the absence of a completion certificate.

(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 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 any room in a building therein shall not be deemed an alteration or addition for the purpose of this section. (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 room in a building therein, such question shall be referred to the standing committee, whose decision shall be final.

(1) If the Zonal Commissioner is satisfied,- (i) that the construction or re-construction of any building or hut or well,- (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 (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 (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 (ii) that any alteration required by any notice issued under section 308, have not been duly made; or (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 247, 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 Zonal Commissioner, has been unlawfully executed, or make such alterations as may, in the opinion of the Zonal 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. (2) The Zonal 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. (3) If the owner or builder fails to show cause to the satisfaction of the Zonal Commissioner, the Zonal Commissioner may confirm the order, with any modification he may think fit and such order shall then be binding on the owner. (4) If the construction or reconstruction of any building or hut is commenced contrary to the provisions of section 240 and the Zonal 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 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. (5) It shall be lawful for the Zonal Commissioner, at any time, before or after making an order of demolition or of the stoppage of the construction or erection of any building or execution of any work, to make an order directing the sealing of such construction or erection or work or of the premises in which such erection or work is being carried on or has been completed, for the purpose of carrying out the provisions of this Act, for preventing from using such construction or erection. (6) Where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the Zonal Commissioner may, for the purpose of demolishing such erection or work in accordance with the provision of this Act, order directing the sealing of such construction or erection of any work to be removed; (i) No person shall remove such seal except under an order made by the Zonal Commissioner; and (ii) Notwithstanding anything contained in this Chapter, no appeal shall lie against such an order of sealing. In the Principal Act, in section 248, after sub-section (4), the following shall be inserted, namely.- “(5) It shall be lawful for the Zonal Commissioner, at any time, before or after making an order of demolition or of the stoppage of the construction or erection of any building or execution of any work, to make an order directing the sealing of such construction or erection or work or of the premises in which such erection or work is being carried on or has been completed, for the purpose of carrying out the provisions of this Act, for preventing from using such construction or erection. (6) Where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the Zonal Commissioner may, for the purpose of demolishing such erection or work in accordance with the provision of this Act, order directing the sealing of such construction or erection of any work to be removed; (i) No person shall remove such seal except under an order made by the Zonal Commissioner; and (ii) Notwithstanding anything contained in this Chapter, no appeal shall lie against such an order of sealing.”

(1) Notwithstanding anything contained in this Act, when construction of any building is completed in contravention of the section 240, section 245 and building by laws made under section 239, the Zonal Commissioner may regularise building constructed prior to 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:-(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. (b) No development made in the basement or usage in contravention of bye law shall be regularized. (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. (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 Zonal Commissioner. (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) 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) 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) 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) 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. (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. (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.

Notwithstanding anything contained in this Act, a corporation or any officer or other authority required by or under this Act to exercise any power, or perform any function or discharge any duty,- (i) with regard to any matter relating to land use or development as defined in the Explanation to section 14 of the Karnataka Town and Country Planning Act, 1961, shall exercise such power, or perform such function or discharge such duty with regard to such land use or development plan or where there is no development plan, with the concurrence of the Planning Authority; (ii) shall not grant any permission, approval or sanction required by or under this Act to any person if it relates to any matter in respect of which compliance with the provisions of the Karnataka Town and Country Planning Act, 1961 is necessary unless evidence in support of having complied with the provisions of the said Act is produced by such person to the satisfaction of the corporation or the officer or other authority, as the case may be.

(1) The corporation may give public notice of its intention to declare,- (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 (b) that in any localities specified in the notice the construction of only detached buildings will be allowed, or (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. (2) No objections to any such declaration shall be received after a period of three months from the publication of such notice. (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. (4) The Zonal Commissioner shall publish any declaration so confirmed and it shall take effect from the date of publication. (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 in accordance with the Right to Fair Compensation and Transparency in land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013). (3) In determining such compensation allowance shall be made for any benefit accruing to the same premises from the improvement of the streets.

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)Any person aggrieved by the decision of the Zonal Commissioner under this Chapter shall, within thirty days from the date of receipt of such decision, appeal to the Chief Commissioner whose decision shall be final. (2) The Chief Commissioner shall decide any matters referred to it under sub-section (1) within sixty days.