The Greater Bengaluru Governance Act, 2024
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
223. Exercise of powers by a Corporation to be in conformity with the provisions of the Karnataka Town and Country Planning Act, 1961
the provisions of the Karnataka Town and Country Planning Act, 1961.- 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,-
- (a) 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 (Karnataka Act 11 of 1963), shall exercise such power, or perform such function or discharge such duty with regard to such land use of Master Plan or in case there is no Master Plan, with the concurrence of the Planning Authority;
- (b) 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.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
224. Building bye-laws.
- (1) With the approval of the Greater Bengaluru Authority, the City Corporation in its jurisdiction shall make building bye-laws for the regulation and restriction of the use of sites or buildings in accordance with model building bye-laws prepared by the Greater Bengaluru Authority with suitable modifications if necessary and the bye-laws shall provide for the following:-
- (a) Information and plans required to be submitted to the City Corporation by any person seeking to construct a building within the jurisdiction of the City Corporation;
- (b) The type of site where the building 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, relative to the width of the street;
- (e) Level and width of foundation of the building sought to be constructed, level of lowest floor based on the stability of structure;
- (f) Provision of sufficient open space, external or internal and adequate means of ventilation with in 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 hearths, 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 with other relevant regulations;
- (l) Provision of lifts with in the building and provision for common amenities, ramps and amenities for differently challenged;
- (m) Fire protection requirement with in the building in accordance with the fire plan;
- (n) Minimum plantation required with in a building site;
- (o) Installation of rain water harvesting systems with in the building and provisions of renewable energy applications;
- (p) Minimum quality of materials to be used during construction of building; and
- (q) Provision for specially abled, EV charging, Telecom services and other utilities.
- (2) No piece of land shall be used as a building site for construction or re- construction of the building and no building shall be constructed or re constructed otherwise then in accordance with the provision of this Act and any rules or bye-laws made there under relating to the use of building sites or the construction or re construction of buildings.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
225. Obligation to provide for rain water harvesting structure
Every khatadar who proposes to construct a building on a site shall provide rain water harvesting structure for storage, use or for ground water recharge in such manner and subject to such conditions as may be provided in the Bangaluru Water Supply and Sewerage Act, 1964 and the regulations and guidelines issued thereof;
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
226. Relinquishment of area reserved for road.
In case of khatadar or person responsible, request for sanction of building plan before the road widening is taken up by the City Corporation or any other Authority:-
- (i) The khatadar of building site shall relinquish the area required or reserved for road formation or widening in the master plan or as notified
by the City Corporation free from all encumbrances, before the sanction is accorded for the building plans under this act.
- (ii) Two times the area surrendered for formation of road or widening of existing road may be allowed to avail the FAR area on the remaining building site, in lieu of compensation for the relinquished portion of plot. (iii)The area of building site relinquished to the City Corporation as per sub- section (1) will not be entitled for any type of compensation including development rights under section 14B of the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963).
- (iv) Wherever, the ordinarily permissible floor area ratio cannot be achieved in case of land surrendered for road formation or widening under this section the Commissioner may consider relaxing setbacks and coverage to a maximum extent of twenty five percent and as may be notified by the Government.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
227. Building at corner of streets.
- (1) The City 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 require relinquishment of such portion of the site at the corner as it may consider necessary for public, convenience or amenity.
- (2) For any land so relinquished to the City Corporation, the khatadar is entitled the benefit of floor area in accordance with section 234 of this Act.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
228. Prohibition of construction without sanction
No person shall construct any building or any structure of permanent nature or execute any of the work relating to the construction of building including addition, alteration or modification of an existing building with in the City Corporation Area, save and except in accordance with this Act and building bye-laws to undertake such construction.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
229. Application to construct or re-construct building
(1) Any person intending to construct or re-construct a building, shall send to the Commissioner, as per area sought to be constructed, an application in writing for permission to execute the work together with a site plan of the building site, floor plans, elevations and sections of the building, a specification of the work and such other documents as may be specified in the building bye-laws. 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.
- (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.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
230. Procedure for grant of sanction to building plan.
- (1) Any person intending to construct or reconstruct a building, shall by way of an application, as specified in building bye-laws shall apply to the Commissioner for permission, the area sought to be built with such documents as may be specified in the building bye-laws to undertake such construction or re- construction.
- (2) Upon receipt of the application under sub-section (1), the Commissioner, on the verification and advice of the Additional Chief Town Planner about the application is in conformity with the Act, the master plan and building bye-laws, may grant permission to undertake construction or if the application does not confirm to the Act, master plan and building bye-laws, reject such applications.
- (3) The Commissioner, shall publish the conditions for the approval or rejection of building plans.
- (4) While verifying such application the officer authorised by the Commissioner may seek for such information necessary to process the application from officers of the different sections of the City Corporation or from external departments.
- (5) The Commissioner may, if necessary, refer any application received under sub-section (1) to the Chief Commissioner of Greater Bengaluru Authority who shall determine about such application in consultation with the Chief Town Planner in accordance with the Act.
- (6) Sanction plan accorded under this chapter shall be valid for a duration of five years, where after the person shall apply for permission afresh.
- (7) Any person who has undertaken the construction in the absence of a sanctioned plan, but such construction is in accordance with the provisions of this chapter, rules, regulations and building bye-laws, shall pay such compounding fee as may be notified and apply for sanction plan in accordance with this Chapter.
- (8) Any person who constructs a building not in accordance with the sanctioned plan, the Commissioner or officers authorised by him may direct such persons to undertake such modification or alteration of the building to ensure conformity to the master plan, the zoning regulation plan and building bye-laws.
- (9) The Commissioner or such officers authorized by him, may undertake such periodical physical verification of buildings as necessary for the purposes of enforcing the provisions of this Act.
- (10) Notwithstanding anything contained in this chapter, the Commissioner shall have the power to order for the stoppage of any construction which in his opinion endangers the public health, human life and safety in the vicinity.
- (11) A plan sanctioned under this chapter shall be a public document stored and maintained either in physical or electronic form. It shall be published in the website of the City Corporation.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
231. Period with in which the Commissioner to grant or refuse to grant permission to execute work
(1) Within thirty days after the receipt of such application made under sub-section (1) or section 230, 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 or refuse on one or more of the grounds mentioned in this chapter, to grant it.
- (2) If the Commissioner has not within the said period passed any order, the applicant may address a letter to the Commissioner requesting him to pass necessary orders on his application, and the Commissioner shall, within a further period of fifteen 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 the act.
- (3) If, within the period laid down in sub-section (2) the Commissioner has neither given nor refused approval of building site, or permission to execute any work, as the case may be, the Chief Commissioner shall be bound, on the written request of the applicant, to determine by written order whether such approval or permission shall be given or not within one month from the receipt of such written request. Otherwise permission or approval shall deemed to have been given and the applicant may proceed to execute the work, but not as to contravene any of the provision of this Act or any rules or bye-laws made under this Act.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
232. Power of the Corporation to fix rate of fee to be levied for issue of permission under this chapter
(1) The Corporation shall decide the rate of fee to be levied for issue of permission under this chapter and advice the Chief Commissioner to notify the rate of fee to be levied or compounding fee for sanction of building plans, plinth certificate and to issue occupancy certificate under this Act by the City Corporation.
- (2) Based on the decision and recommendation of the Corporation, the Chief Commissioner shall notify the following fee at such rates based on the prevailing guidance value as notified by the Department of Stamps and Registration under the provisions of the Karnataka Stamp Act, 1957, namely:-
- (a) rate of ‘fee for issuance of licence’ at such rate not exceeding 0.20 percent in case of residential buildings and in case of non-residential buildings not exceeding 0.30 percent of guidance value of the vacant site;
- (b) rate of ‘infrastructure and environment impact fee’ for maintenance of public roads including fee for usage of public roads and other infrastructure facilities provided and maintained by City Corporation and debris generated during the period of construction, at such rate not exceeding 0.10 percent in case of residential buildings and in case of non- residential buildings 0.25 percent guidance value of the vacant site. However, such payment shall not give the right to occupy public road and footpath during construction of the building;
- (c) rate of ‘fee for plinth certificate’ at such rate not exceeding 0.15 percent in case of residential buildings and in case of non-residential buildings 0.20 percent of guidance value of the vacant site;
- (d) rate of ‘scrutiny fee’ for issue of building licence or plinth certificate or occupancy certificate at such rate not exceeding 0.10 percent in case of residential buildings and in case of non-residential buildings 0.20 percent of guidance value of the vacant site;
- (e) rate of ‘compounding fee’ to be imposed for not obtaining plinth certificate at the commencement of the construction at such rate not exceeding 0.15 percent in case of residential buildings and in case of non-residential buildings 0.25 percent of guidance value of the vacant site;
- (f) rate of ‘compounding fee’ for condoning of deviated portion of construction up to the condonable limits, prescribed at such rate not exceeding 15 percent in case of residential buildings and in case of non-residential buildings 25 percent of guidance value of the vacant site;
- (g) ‘security deposit’ as specified in the zoning regulation for ensuring that the construction is in accordance with the plan sanctioned; and
- (h) 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.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
233. Levy of imposts, restriction and condition by the Commissioner
Commissioner.– (1) The Commissioner as per area sought to be constructed, may grant such permission to execute the work together with a site plan of the land, floor plans, 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 license, subject to the conditions specified in this chapter;
- (2) The Commissioner shall impose, charge and levy the following fee at such rates as notified by the Chief Commissioner for issue of building license or grant of plinth certificate or issue of occupancy certificate, namely:-
- (a) fee for issuance of license for the proposed total built up area of building;
- (b) infrastructure and environment impact fee for maintenance of public roads including fee for usage of public roads and other infrastructure facilities provided and maintained by City Corporation and debris generated during the period of construction, but this shall not give the right to occupy public road and footpath during construction of the building for the proposed total built up area of building;
- (c) Scrutiny fee for issue of building licence, plinth certificate and occupancy certificate for the proposed total built up area of building;
- (d) Compounding fee to be imposed for not obtaining plinth certificate for the constructed area of building, provided the construction is carried out as per the sanctioned plan;
- (e) Compounding fee for condoning of deviated portion of construction up to the condonable limits as specified in this chapter;
- (f) Security deposit for the proposed total built up area of building, to ensure that the construction is in accordance with plan sanctioned. Otherwise, security deposit shall be forfeited to the City Corporation;
- (g) 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;
- (h) Charge and levy any other deposit or fee or cess specified under any other law in force.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
234. Exemptions for Levy of imposts, restriction and conditions
Nothing in this Act or in any rule or bye-law made there under shall be construed as requiring the taking out of any licence or the obtaining of any permission under this chapter or any such rule or bye-law in respect of any place in the occupation or under the control of the Central Government or the State Government or in respect of any property of the Central Government or the State Government: Provided that the concerned department shall send the intimation of taking up construction to the Commissioner along with the plans in accordance with the provisions of the act, rules, regulations and bye-laws.
- (2) Notwithstanding anything contained in this act no licence or permission shall be necessary for the Bengaluru Metropolitan Transport City Corporation in respect of the fixation or erection of posts showing places of stoppage of buses or erection or construction of passenger-shelters, ticket booths and bus stands on any road or land vested in the City Corporation: Provided that no passenger-shelter, ticket booth or bus stand shall be erected or constructed under this section except with the previous sanction of the Government.
- (3) In respect of passenger-shelters, ticket booths and bus stand erected or constructed under this section the Bengaluru Metropolitan Transport City Corporation shall be liable to pay to the City Corporation, such annual ground rent as may be agreed between them, and where there is no such agreement, as may be determined by the Government.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
235. Power of the Government to exempt or reduce fee levied or charged or assessed
- (1) The 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 any Corporation or any organisation owned or controlled by the Central Government or the State Government.
- (2) The 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.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
236. Grounds on which approval of site for, or permission to construct building, shall be refused
Grounds on which approval of site for, or permission to construct building, shall 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 shall be refused are the following, reasons namely.-
- (a) that the work or the use of the site for the work or any of the particulars comprised in the site plan, floor plans, elevations, sections, or specification would contravene some specified provisions of any law or some specified order, rule, master-plan 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 specified under this chapter have not been signed as required under rules or regulations or bye-laws;
- (d) that, any information or documents required by the Commissioner under the rules or regulations or bye-laws has or have not been duly furnished;
- (e) that, streets or roads have not been laid or hierarchy of roads is not existing as required under Chapter XVI;
- (f) that, the proposed building would be an encroachment upon Government or City Corporation land; and
- (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 six meters wide at any part and shall join of street or road of higher width.
- (2) Refusal to approve a permission to construct or re-construct shall be supported by reasons specifically stated in the order.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
237. Issue of Modified license and extension of license period
(1) The khatadar or person responsible shall obtain modified building licence and sanction for plans, if there are changes to be affected; (a) in the sanctioned plan before or during the construction; (b) where additions or alterations are involved to be carried out to the existing building, where the proposal involves change of use or occupancy of part or whole of the building; (c) in case of change in ownership of the building site during the construction, in such cases only licence fee shall be collected by the Corporation provided there is no change in the proposed building; (2) If the construction or reconstruction of the building is not completed within five years from the date of issue of licence or modified licence, the licence period may be extended up to a maximum period of further two years on the payment of scrutiny fee and licence fee.
- (a) in the sanctioned plan before or during the construction;
- (b) where additions or alterations are involved to be carried out to the existing building, where the proposal involves change of use or occupancy of part or whole of the building;
- (c) in case of change in ownership of the building site during the construction, in such cases only licence fee shall be collected by the Corporation provided there is no change in the proposed building;
- (2) If the construction or reconstruction of the building is not completed within five years from the date of issue of licence or modified licence, the licence period may be extended up to a maximum period of further two years on the payment of scrutiny fee and licence fee.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
238. Restriction on the power to sanction construction of a place of entertainment in certain cases
Notwithstanding anything contained in this Act or any rule or bye-law made there under, 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, 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 are cognized educational institution such as a college, high school or girls school; or
- (ii) a public hospital with a large in door patient ward; or
- (iii) an orphanage containing one hundred or more in mates; 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 Government 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 there under.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
239. Building construction shall not be proceeded without plinth certificate
certificate:- (1) Upon the issue of license and according sanction to plans under this chapter and upon reaching the construction to plinth level of such building, within the validity period of sanction, the khatadar or person responsible shall obtain plinth certificate. Construction shall not be proceeded without obtaining plinth certificate. On the application made for issue of plinth certificate.–
- (a) the Commissioner or officer authorized by him, shall carryout physical verification of the building under construction.
- (b) upon the construction of building being carried out in compliance of the sanctioned plans, plinth certificate shall be issued within fifteen days from the date of application, provided construction is in accordance with the sanctioned plan.
- (c) if the commissioner or officer authorised by him fails to issue plinth certificate within fifteen days from the date of receipt of application, the construction may be proceeded according to the sanctioned plans.
- (d) if the construction is deviated from the sanctioned plan, but such construction is within the permissible limits of the regulations and building bye-laws, modified plan in accordance to section 245, plinth certificate may be accorded along with this modified plan.
- (2) The Government may notify the category of building which may exempt from obtaining plinth certificate.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
240. Power of Commissioner to require alteration of work.
- (1) If the Commissioner finds that the work. -
- (a) is otherwise than in accordance with the plans or specifications which have been sanctioned or,
- (b) contravenes any of the provisions of this Act or any rule, bye-law, order or declaration made under this Chapter, he may by notice direct the khatadar of the building, within stipulated time of not more than fifteen days, either,-
- (i) to show cause why such alterations shall 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 khatadar does not show cause within the time stipulated therein, khatadar shall be bound to make the alterations specified in such notice.
- (3) If the khatadar 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.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
241. Grant of Occupancy certificate.
- (1) Every person, who has constructed the building in accordance with the provisions of this Act, shall apply for grant of Occupancy Certificate to the Commissioner, within thirty
days from the date of completion of such construction.
- (2) An application for grant of occupancy certificate shall be duly certified by an empanelled architect or engineer along with the as-built floor plans and completion report of the building, that the building has been constructed in accordance with the sanctioned plans.
- (3) Upon receiving the application for grant of occupancy certificate, the Additional Chief Town Planner by self or officers’ sub-ordinate to him as necessary, shall undertake such physical inspection of the building. On the verification and advice of the Additional Chief Town Planner, the Commissioner may grant or reject the application for occupancy certificate.
- (4) If the completion report issued by the architect or engineer is not in conformity with the sanctioned plans and building bye-laws, the Commissioner may upon hearing the concerned architect or engineer, levy such penalty or suspend or cancel the licence. The occupancy certificate may be granted by the Commissioner, if the building is constructed in accordance with the sanctioned plan or within 1[the condonable limits and the compounding fee as may be specified in the bye-laws with approval of the Government.] 2[XXX]
- (5) No person shall occupy or permit to be occupied any such building, 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 thirty days after receipt of the notice of completion to intimate his refusal of the said permission.
- (6) The Commissioner may at any time withdraw, suspend or cancel the Occupancy certificate issued, if it is brought to the notice of the Commissioner that there has been breach committed under this Chapter.
- (7) The Government may notify the category of building which shall be exempted from obtaining occupancy certificate.
1 Substituted by Act 01 of 2026 w.e.f. 07.01.2026
2 Omitted by Act 01 of 2026 w.e.f. 07.01.2026
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
242. Application of provisions to additions and alterations
(1) The provisions of this Chapter and of any regulations 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 Chief
- (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 Chief
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
243. Demolition or alteration of buildings unlawfully commenced, continued or completed
Demolition or alteration of buildings unlawfully commenced, continued or completed.– (1) Unauthorised construction deemed to be continuing violation.- Construction or re-construction or portions which are unauthorized and otherwise than in accordance with the sanctioned plan or unless regularized or demolished, shall be deemed to be continuing violation of the provisions of this Act or the regulations or the bye- laws, as the case may be and actions shall be initiated under this section.
- (2) Verification of the unlawful constructions.- The Commissioner may authorise an officer subordinate to him to conduct site inspection for verification of the construction being under taken as per sanction plan. Upon such verification prima facie, if observed that the construction or reconstruction is not in accordance with the sanctioned plan, notice shall be
served to the khatadar or Licencee or the person responsible, calling upon to attend joint inspection in his presence and to submit supporting documents, in this regard giving minimum of ten days time.
- (3) Issue of orders and notices for demolitions of unlawful constructions.- If the commissioner is satisfied,-
- (a) that the construction or reconstruction of any building,-
- (i) has been commenced without obtaining his permission or where an appeal or reference has been made to the Chief Commissioner, in contravention of any order passed by the Commissioner; or
- (ii) 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
- (iii) 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
- (b) that any alteration required by any notice issued under this chapter have not been duly made; or
- (c) that any alteration of or addition to any building or any other work made or done for any purpose into, or upon any building, has been commenced or is being carried on or has been completed in breach of section 250, he may make a provisional order requiring the khatadar 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 khatadar or builder shall refrain from proceeding with the building.
- (d) The Commissioner shall serve a copy of the provisional order made under sub-section (3) on the khatadar or builder of the building together with a notice served in accordance with the provisions of this act, requiring him to show cause within a reasonable time of not less than fifteen days to be named in such notice, to demolish such work which has been so executed and direct such alterations as may be necessary to bring the construction in conformity as aforesaid and directing that, why the order should not be confirmed: Provided that before passing confirmation order the Commissioner shall conduct personal hearing to decide on the submissions from the khatadar or person responsible. In case, on the intimation for personal hearing the khatadar or builder fails to appear the Commissioner shall decide the matter based on merits.
- (e) If the khatadar or builder fails to show cause to the satisfaction of the Commissioner, the Commissioner shall confirm the order, with any modification he may think fit and such order shall then be binding on the khatadar.
- (f) Where the khatadar fails to demolish the building or part thereof as directed in the order, or fails to remit the compounding fee within the time specified, or fails to comply with any condition stipulated in the order within the time specified, the Commissioner may file a criminal complaint against such a person, and shall himself cause the building or structure or part thereof demolished and the expenses thereof shall be recovered from the khatadar as if it were an arrears of property tax due under the Act.
- (a) that the construction or reconstruction of any building,-
- (4) Sealing of unlawful Building.-
- (a) It shall be lawful for the Commissioner, at any time, before or after making an order of demolition or of the stoppage of the erection of any building or execution of any work, to make an order directing the sealing of such 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, or for preventing him from using such construction or erection.
- (b) Where any erection or work or any premises in which any erection or work is being carried on, has or have been sealed, the
Commissioner may, for the purpose of demolishing such erection or work in accordance with the provisions of this Act, order such seal to be removed.
- (c) No person shall remove such seal except.-
- (i) under an order made by the Commissioner; or
- (ii) under order of an Appellate Authority, made in an appeal under this Act.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
244. Power to enforce demolition order in default
(1) Whenever by any notice, requisition or order made under this chapter any person is required to execute any work, or to take any measures or do anything, a reasonable time shall be named in such notice, requisition or order within which the work shall be executed, the measures taken, or the thing done. (2) If such notice, requisition or order is not complied with within the time so stipulated, then whether or not a fine is imposed for such default and whether or not the person in default, is liable to punishment or has been prosecuted or sentenced to any punishment for such default, the Commissioner or officer authorised by him may cause such work to be executed, or may take any measure or do anything which may, in his opinion, be necessary for giving due effect to the notice, requisition or order as aforesaid. (3) If no penalty has been specially imposed in this Act or bye-laws for failure to comply with such notice, the said person shall, on conviction, be punished with fine not exceeding twenty percent of prevailing guidance value of the site and building for such .
- (2) If such notice, requisition or order is not complied with within the time so stipulated, then whether or not a fine is imposed for such default and whether or not the person in default, is liable to punishment or has been prosecuted or sentenced to any punishment for such default, the Commissioner or officer authorised by him may cause such work to be executed, or may take any measure or do anything which may, in his opinion, be necessary for giving due effect to the notice, requisition or order as aforesaid.
- (3) If no penalty has been specially imposed in this Act or bye-laws for failure to comply with such notice, the said person shall, on conviction, be
punished with fine not exceeding twenty percent of prevailing guidance value of the site and building for such .
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
245. Power of the Commissioner to suspend or revoke permission etc
(1) The Commissioner may suspend or revoke any licence, permission or sanction granted by him if: -
- (a) the grantee has evaded or committed breach of any of the restrictions or conditions subject to which such licence, permission or sanction was granted; or
- (b) the grantee is convicted for contravention of any of the provisions of this Act, or of any rule, bye-law or regulation made thereunder in respect of any matter relating to such licence, permission or sanction, or
- (c) the grantee has obtained the licence, permission or sanction by misrepresentation or fraud: Provided, that the Commissioner shall issue a show cause notice giving the grantee a reasonable opportunity of making representation against the proposed order.
- (2) The commissioner shall also have the power to withdraw, suspend the licence to prevent the continuance of above breach and development of such construction pending action under this chapter.
- (3) The Commissioner in addition may also impose penalty as notified by the Government determined in accordance with Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) and rules made under for such portion of the unauthorized development.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
246. Compliance by the khatadar or person responsible and the utility service providers for ensuring construction or occupancy to be in conformity with permissions accorded
utility service providers for ensuring construction or occupancy to be in conformity with permissions accorded.- (1)Neither the granting of licence nor the approval of plans and specifications or issue of permissions by the Commissioner or the officers authorized by him during erection of the building or afterwards shall not in any way relive the khatadar of the building or the promoter on behalf of the khatadar from full responsibility and safety in carrying out the construction in accordance with the licence and sanctioned plans.
- (2) The violations from sanctioned plans beyond condonable limits provided by under this chapter, the violated portion of the building shall be demolished by the khatadar or promoter at his own cost and risk.
- (3) Failure of the khatadar or promoter, in the matter of execution of construction as per sanctioned plans shall be liable for punishment as may be prescribed.
- (4) The financial institutions shall not extend loan facilities for
constructions carried out in violation of the sanctioned plans.
- (5) In cases where occupancy certificate has not been issued by the Corporation partial or final, in occupying the building, it would not be within the competence of Bengaluru Water Supply and Sewerage Board, so also
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
247. Penalty against jurisdictional officer delegated by the Commissioner for failing to prevent un- authorized deviations or constructions
The jurisdictional officers delegated by the Commissioner 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.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
248. Power of the Government to regulate future construction of certain classes of buildings in particular streets or localities
certain classes of buildings in particular streets or localities.– (1) The Government shall give public notice of its intention to declare,-
- (a) that in any streets or portions of streets specified in the notice;
- (b) continuous building will be allowed;
- (c) 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
- (d) that in any localities specified in the notice the construction of only detached buildings shall be allowed; or
- (e) 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 shall not be allowed without the special permission of the Government.
- (2) No objections to any such declaration shall be received after a period of three months from the publication of such notice.
- (3) The Government 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 Government 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.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
249. Regularisation of certain unlawful buildings
(1) Notwithstanding anything contained in this Act, when construction of any building is completed in contravention of the provisions of this Chapter and the building bye-laws, the Commissioner may regularise building constructed at least one year prior to the date of notification of this Act 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 may be regularized: Provided that the Premium Floor Area Ratio issued under section 18B or the Development Rights Certificates issued under section 14B of the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963) may be utilized for such constructed buildings for the extents constructed in violation of the provisions of this Chapter as per provisions for utilization of the Premium Floor Area Ratio or the Development Rights Certificates under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and rules and regulations there under. (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 khatadar of such building furnishes an under taking that the space between the building line and the road or foot path or margin will be given up free of cost at any time when required for the purpose of widening the road in question; and (d) The provisions of sub-sections (2) to (14) of section 76 FF of the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963) shall apply mutatis mutandis for regularization of building under this section and application for regularization being made to the 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,- (a) six percent of the market value, determined in accordance with the provisions of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) and rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), if such violation of set-back norms and permissible floor area ratio does not exceed twenty five percent; (b) eight percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957)and the rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), 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 in sub-section (1) 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 (Karnataka Act 34 of 1957) and the rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), 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 (Karnataka Act 34 of 1957) and the rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), 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 City Corporation 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.
- (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 may be regularized: Provided that the Premium Floor Area Ratio issued under section 18B or the Development Rights Certificates issued under section 14B of the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963) may be utilized for such constructed buildings for the extents constructed in violation of the provisions of this Chapter as per provisions for utilization of the Premium Floor Area Ratio or the Development Rights Certificates under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963) and rules and regulations there under.
- (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 khatadar of such building furnishes an under taking that the space between the building line and the road or foot path or margin will be given up free of cost at any time when required for the purpose of widening the road in question; and
- (d) The provisions of sub-sections (2) to (14) of section 76 FF of the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963) shall apply mutatis mutandis for regularization of building under this section and application for regularization being made to the 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,-
- (a) six percent of the market value, determined in accordance with the provisions of the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957) and rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), if such violation of set-back norms and permissible floor area ratio does not exceed twenty five percent;
- (b) eight percent of the market value, determined in accordance with the Karnataka Stamp Act, 1957 (Karnataka Act 34 of 1957)and the rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), 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 in sub-section (1) 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 (Karnataka Act 34 of 1957) and the rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), 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 (Karnataka Act 34 of 1957) and the rules made there under, of the portion of the building built in violation of the provisions referred in sub-section (1), 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 City Corporation 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.
Chapter XVII REGULATION OF BUILDINGS AND TOWN PLANNING
250. Appeal against the decisions of the Commissioner.
- (1) Person aggrieved by the decision of the Commissioner may appeal to the Chief Commissioner, Greater Bengaluru Authority within thirty days from the date of receipt of such decision.
- (2) The Chief Commissioner, Greater Bengaluru Authority shall decide the matters referred to him under sub-section (1) within the period of ninety
days from thereof. The decision of the Chief Commissioner, shall be final.
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