People in Bengaluru can now heave a sigh of relief. According to draft rule notification of Akrama Sakrama, all buildings which are completed and have occupation certificate or PID Numbers issued shall be eligible for regularisation under these rules. Even other buildings are eligible, subjected to certain conditions.
Akrama Sakrama application (application for regularisation of unauthorized developments) consists Part-I, Part-II and Part-III.
- Part-I: For the regularisation of plot in an un-authorised sub-divided land / layout.
- Part-II: For regularising the land use violations.
- Part-III: For the regularisation of unlawful buildings.
- Submit the completed application form with the documents required within three months from the date of final notification.
- Pay the regularisation fee and scrutiny fee separately through Demand Drafts or Bankers Cheques from any Bank drawn in favour of the respective Urban Development Authority / Planning Authority / Urban Local Body.
- Scrutiny fee will be collected by the Competent Authority at the rate of Rs.1.00 per square meter of total plot area in case of plot in an unauthorized layout and Rs.2.00 per square meter for total floor area of buildings.
- Enter details of fees paid in the application form and have them confirmed while receiving the acknowledgement.
- The acknowledgment is issued with the seal of the office receiving the application.
- In case the application for regularisation is rejected, either because of inadequate or incorrect information or for other reasons, the scrutiny fees remitted will not be refunded.
Fees prescribed for regularisation of unauthorised development of buildings:
(1) Fees prescribed for Setback violations for residential buildings shall be as follows:-
|
S. No. |
Percentage of violation |
Regularisation fee per square metre of total violated area in accordance with percentage of market value of land (%) |
|
1 |
up to 25% |
6 |
|
2 |
>25% Upto 50% |
8 |
(2) Fees prescribed for Setback violations for non- residential buildings shall be as follows:-
|
S. No. |
Percentage of violation |
Regularisation fee per square metre of total violated area in accordance with percentage of market value of land (%) |
|
1 |
up to 12.50% |
20 |
|
2 |
>12.50% Upto 25% |
35 |
(3) Fees prescribed for FAR violations for residential buildings shall be as follows:-
|
S. No. |
Percentage of violation |
Regularisation fee for total violated area in accordance with percentage of market value of land (%) |
|
1 |
up to 25% |
6 |
|
2 |
>25% upto 50% |
8 |
(4) Fees prescribed for FAR violations for non- residential buildings shall be as follows:-
|
S. No. |
Percentage of violation |
Regularisation fee for total violated area in accordance with percentage of market value of land (%) |
|
1 |
up to 12.50% |
20 |
|
2 |
>12.50% upto 25% |
35 |
Note: In case of Setback and FAR violation against the approved plan but within the provisions of Zonal Regulations, the regularisation fee shall be the difference of prescribed fees under Section 18 of the Act.
(5) Fees prescribed for buildings constructed in non-converted agricultural lands (In additions to the amount prescribed shall be as follows:-
|
S. No. |
Type of Use |
Regularisation fee per square metre of total built-up area in accordance with percentage of market value of building (%) |
|
1 |
Residential |
2.0 |
|
2 |
Non-residential |
4.0 |
Note: If the setback and FAR are violated, for violated portions, prescribed fees shall be paid as mentioned in sub-rules (1), (2), (3) and (4).
(6) Fees prescribed for building/portion of building constructed without the building plan approval but developed as per the Zoning Regulations.
|
S. No. |
Type of use |
Regularisation fee per square metre of total built-up area in accordance with percentage of market value of building (%) |
|
1 |
Residential |
2.0 |
|
2 |
Non -residential |
4.0 |
Note: If the setback and FAR are violated, for violated portions, prescribed fees shall be paid as mentioned in sub-rules (1), (2), (3) and (4).
Fees prescribed for regularisation of unauthorised developments of layouts or sites (applicable for both converted and non-converted lands). The fees payable shall be as follows:-
|
S. No. |
Site area (sq. m) |
Prescribed amount per sq.m. (in Rupees) |
||
|
Bangalore Urban and Rural districts |
Other Corporation Areas |
Other Areas |
||
|
1. |
Upto 60 |
40.00 |
30.00 |
20.00 |
|
2. |
< 60 – 120 |
160.00 |
80.00 |
50.00 |
|
3. |
Above 120 |
600.00 |
250.00 |
150.00 |
The regularisation is not allowed if:
The site is situated:
- In the land affected by the alignments of any road or of proposed inner ring road, National High ways, bypass road, outer ring road or mass rapid transit system (rail) projects;
- On the land belonging to the State Government or the Central Government or appurtenant to any building belonging to the State Government or the Central Government;
- On the land belonging to another person over which the former has no title;
- On the land belonging to any Board or Corporation owned or controlled by the Central Government or the State Government;
- On the land belonging to, or vested in, any Urban Development Authority or Bangalore Development Authority;
- On the land belonging to, or vested in, a local authority;
- On the land abutting to storm water drains, tank bed areas, river course or beds and canals or below the high tension electric lines;
- In the land reserved for parks, playground, open space or for providing civic amenities.
- Any development in the basement in violation of the uses permitted in the Zoning Regulation or Byelaws
- Development being a special and hazardous industry or an industry categorized as “RED” by the Karnataka Pollution Control Board will be regularized only with the clearance from the Karnataka Pollution Control Board.
- Development not conforming to rules for high-tension lines and fire protection measures.
- Development covered by the Coastal Zone Regulations of the Ministry Environment and Forest, Government of India.
- Development made in basement or usage in contravention of bye law.
- Development in violation of setback norms exceeding twenty-five percent in case of non-residential buildings and fifty percent in case of residential buildings.
- Development for which violation in respect of change in land use is not regularized first.
- Unauthorized construction or development made in agricultural zone of approved Master Plan or green belt area declared under Karnataka Land Revenue Act,1964.
- Buildings located in areas of special control/other protect areas, where it violates the regulations prescribed for such areas.
Regulation of violation in respect of change of land use shall be made as far as may be in accordance with section 14A of the Karnataka Town and Country Planning Act, 1961.
Development in respect of any building having more than two floors will be regularized if a certificate from Structural Engineer is produced regarding the structural stability of such building.
In case of owner of the building who has made unauthorized construction in violation of the norms of zonal regulation and do not apply for regularization within the prescribed time, the supply of water and electricity to the building shall be liable to be disconnected with prior notice.
Regularising unauthorised / subdivided land /layouts
- Application related to regularisation of plot in unauthorised sub-divided land / layout shall be submitted to the concerned Planning Authority.
- Application related to regularisation of plot in an unauthorised sub-divided land / layout shall be submitted to the concerned Local Authority for the towns where the Karnataka Town and Country Planning Act is not extended.
- Fee for regularisation of plot in an unauthorised sub-divided land / layout is to be calculated on the basis of the table provided with the application.
- The fee specified above is in addition to the fee to be collected by the Planning Authority under Section 18 of the Act and the amount collected for 15% of the site area as per Market value of land (in lieu of Civic Amenities and Parks & Open Spaces).
- In case of sites where building license has been issued for, the subdivided plots prior to the date of 19th October, 2013, 15% of the sital area as per Market value of land in lieu of Civic Amenities and Parks & Open Spaces shall not be collected.
- In case of agricultural Land regularisation shall be considered only after conversion under section 95 of the Land Revenue Act, 1964.
Regularising of buildings with land use violation
- Application related to regularisation of buildings with land use violations shall be submitted to the concerned Local Authority within its jurisdiction.
- Applications related to regularization of unauthorised buildings outside the Local Authority limits but within the Local Planning Area shall be submitted to the concerned Planning Authority.
- For the towns where the Karnataka Town and Country Planning Act is not extended, applications related to regularisation of unauthorised buildings shall be submitted to the concerned Local Authority.
- In case of apartments and Group Housing the application form individual owners will not be admitted. For such developments, the application shall be made jointly from all the owners or their association.
Above points are taken from the draft rule, subjected to change in final notification. Changes, if any, will be updated accordingly.
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What is FAR violations ? It is not explained anywhere.
Another point to be considered is the period of construction. Regularisation of buildings constructed after 2000 should not be done, but action to be taken as per law to demolish partly OR wholly.
As for as land is concerned, alternate allotments be made at the cost of the developer rather than regularising with a fee.
Suitable action should be initiated on the officials responsible for permitting these deviations, as all the rules were formed during sixties, which was in force for more than half a century.