Talk about illegal buildings, and you come to know that more than 80% of buildings in Bengaluru have violations. Building owners who have knowingly or unknowingly violated the building rules, have been looking to resolve these issues once and for all. And the respite is here – in the form of Akrama Sakrama. The government has published the draft rules for Akrama Sakrama on December 31, 2013, deciding to regularise the buildings built before October 19, 2013.
Like any other law, The Karnataka Town and Country Planning Act – now known as Akrama Sakrama – was framed with a lot of thought and logic to bring decorum to the process of urbanisation. Demarking land use as commercial, residential and mixed in some areas, prescribing building setback, parking requirements for commercial buildings and punishment for encroachments, to name a few, were all part and parcel of the law.
Over time, various amendments were made to include or slightly change the directives. With Akrama Sakrama, the amendments directly allow deviations to be regularised by paying a penalty, meaning, the existing deviations will remain forever. This bill will not only add crores of rupees to the state’s coffers from an unknown number of deviations, it will give officials ‘powers’ as they will be the ones assessing deviations and collecting the penalties. and will also allow the financially able to get away without making any corrections. All cities in the state will have to accept and live with the haphazardness around.
What is Akrama Sakrama?
Akrama Sakrama is the amendment to various acts including Karnataka Town and Country Act, resulting in Karnataka Town and Country Planning (Regularisation of unauthorised Developments) Rules 2013. This bill has been in making for several years, it has seen many CMs and Governments, and now has it has finally been approved by the Karnataka Government.
The bill is a one-time regularisation of a whole gamut of bye-laws ranging from building deviations to illegal constructions to change in land use in urban areas. Some regularisations like land use change have severe implications to the city and citizens than others.
Previously when the government called for objections, owners of the buildings with deviations had objected to the supposedly high penalty amount. Civil society groups and the High Court too had objected to the extent of violations being regularised.
The Governor had sent the bill back twice and suggested that the government reframe some of the existing rules, draft a time-frame without provision for extension, ensure that the scheme does not benefit the real-estate mafia and have absolutely no room for conversion of residential buildings into fully commercial buildings.
The Akrama Sakrama was tabled at last Assembly session, passed by our lawmakers on December 2, 2013 and notified on December 31, 2013.
The fact that the “date” for eligible properties for regularisation has changed several times, from December 3, 2009 in the initial proposal to 19, October, 2013 in the notification, speaks volumes on the Governments’ intent. Three month’s time has been given to people to apply for regularisation.
Though the bill is notified, there are several questions left unanswered, like what action will be taken on buildings whose deviations are more than the said regularisation ceiling. While there is no mention of action against the official and executive machinery that allowed these deviations, it is safe to assume that the same officials will be responsible for implementing the new law.
How does Akrama Sakrama affect you if you have a deviation in your building?
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In the BBMP area, building deviations of residential and commercial buildings built up to 19 October 2013 can be regularised.
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The approved bill allows a regularisation of deviations up to 50% for residential buildings and up to 25% deviations of commercial buildings. Building owners can regularise their building deviations by paying a penalty. For residential buildings the penalty is 6% of the guidance value of the irregular portion less than or up to 25% of deviation and 8% if the deviation is higher than 25%, till 50%.
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For commercial buildings the penalty is 20% of the market value for 12.5% or less of deviation and 35% for a deviation more than 12.5%. The proposed bill also indicated regularisation of unauthorised residential buildings on revenue land.
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The bill also lists out violations eligible for regularisation, conditions and terms for calculation of violation, forms that need to be filled, supporting documents required, the steps that need to be followed and procedure that will be followed by the authority. You can also click here to read the text of the draft rules, or download the pdf from here. Hard copies are available at Urban Development Department, Vikas Soudha.
How does it affect you, a law abiding citizen?
Unfortunately, you are simply at the wrong end of the deal. There is no incentive for those who followed the law in letter and spirit. The least of inconveniences could be the building violations of a neighbour hampering light and ventilation in your home.
But on a city level, the impact on you is much greater. You may have to live with encroachments on land meant for civic amenities or proper rainwater drainage, multi storey commercial buildings with inadequate parking leading to motorable roads being used for parking, commercial buildings in residential areas disrupting peace and purpose of the area, wall-to-wall constructions causing an urban heat island, concreted stretches stopping rainwater recharge to name a few city level inconveniences.
The draft rule says the objections or suggestions received within 30 days, that is, January 30, 2014. Objectlons and suggestions should be addressed to the Principal Secretary to the Government, Urban Development Department, Vikasa Soudha, Bangalore-560001.
Suppose a flat has 20 units and the violations are due to 3 pent houses built on the top. Will the regularization charge be equally divided among all the units or will the entire Akrama Sakrama fall on the pent house owners?
No hope for this city…we are overflowing with violations of all kinds…buildings, public spaces, garbage..you name it we have it….what have we brought ourselves to!!!!
No need to visit UDD or Vikasa Soudha. A copy of the draft notification is uploaded on the UDD website: http://www.uddkar.gov.in/sites/uddkar.gov.in/files/image/UDD%20556%20MYAPRA%202013.pdf
Thanks Vijay.. that was a very valuable piece of information. On page 3 there is a clause, “(c) Any development in the basement in violation the uses permitted in the Zoning Regulation or Byelaws;” Hope it means that, any room(s) in the basement parking area is not going to be regularized. Our apartment association has been fighting with the builder who built 2 small rooms in the parking area and registered them.
I believe that is correct. However you need to confirm with a lawyer. I am not a lawyer.
So, what happens for sites and constructions earlier made on gramthana sites in areas earlier under Village Office but later on migrated to BBMP ?
Hi i have a B khata 30×40 vacant site under BBMP limits .This does not have DC conversion ,but people next my sites so many people have constructed houses . My question is that under Akrama Sakrama scheme do i get a chance to convert B khata to A khata by paying penalty or betterment charges . Althought since it is vacant land so there is not building voliations ,but it is not a DC converted area . I am looking for Akhata to have loan from nationalized banks as well as to have proper Khata for future. Await for your valuable inputs and sugessyions. Regards Kamal
In response to Mr.George Abraham,
All the owners of the building are liable and as you have stated that there are three penthouses, the penalty must be shared on the basis of the size or extent.
The deviation has to be ascertained in full and it cannot be paid only for the penthouses.
Check for SB and FAR violations too.
ecopackindia
In response to Mr.Subramaniam,
Whether the property is located within the BBMP or BMRDA, the amended KTCP ACT is applicable. If the property is eligible, it could be regularised either through BBMP or other civic bodies.
ecopackindia
In response to Mr.Kamal,
DC Converted and Revenue sites are eligible under this scheme, provided the property is eligible. Do not bother about others. The regularisation Certificate will make you eligible to get the KATHA. There is no A katha and B katha. There is only one KATHA. It is B form issued under taxation act of 2008 to collect taxes from unauthorised sites and illegal properties.
ecopackindia
What happens for buildings constructed after Oct 2013 but with some deviations? My relative has booked a flat where there is close to 30% deviation and it is under construction now. Can it be regularized by paying the penalty? Please advise.
Yes .. it can be regularized paying the penalty. It will be then A khata
In Response to Chandra Shekar, Will there be a penalty if the pent house plan exists in the BBMP plan today?
What about GramaTana sites which are within Bangalore City limits. Will we get khata under Akrama Sakrama. How are the charges calculated.
hi sir/ Madam my name is sampath i had finalizeon one property in magadi road herohalli
its B khatha register with out DC converted.
its residential layout
will i eligible to get A katha for the same property with out DC conversion
Request your guidance for take this land
I have booked an apartment and would get possession in May. there is around 10% deviation so the builder is refusing to give occupancy certificate. Can this be converted to A khata property under Akrama Sakrama considering the prossesion will be after the cut off date 18th Oct’13?
We have seen a apartment in 4th floor but the owner says he donot have approval for the 4th floor. The property is A katha property and he says this deviation can be rectified through Akrama Sakrama. Can you please advise if can we go ahead and book the apartment.
BANGALORE IS VERITABLY BEYOND REPAIR. ABANDON THE CITY AND START BUILDING A NEW CITY IN THE OUTSKIRTS WITH 8-LANE ROADS AND MODERN FACILITIES INSTEAD OF DEMOLISHING OR REGULARIZING THE EXISTING STRUCTURES. WHY AKRAMA-SAKRAMA? WHY DO YOU WANT TO MAKE A FEW RTI-HEROES OUT OF THESE?
My son has ahouse in SSR layout approved by BDA in rachenahalli village under erstwhile Dasarahalli panchayath.The building was constructed according to the plan approved by the panchayath without any deviation including set-backs.Will it require regulation under akrama and sakrama THe site area is 1200Sq.ft and the constructed area is 702 sq.ft
Only apartment at the back in ground floor was shown in the approved drawing but one more was built in the front in the same floor. Approved drawing has two more floors. How does it attract akrama sakrama? please give me your views
Hi All,
I have a strange question/problem.
Suppose I have purchased a plot in the layout which is not having any DC conversion (which is coming in under agricultural land)., but it is in bbmp limits.
If I have purchased this land today (22-2-2017). But the layout is registered on Nov-2016. ( layout registration of a agricultural land??!!!! not sure whether I am right or not)
But suppose in the akrama-sakrama scheme the last date of the registration below which the individuals can apply for the regulation is Dec-2016.
1) Am I eligible for the regularisation.
2) or Can my layout owner regularize my plot on behalf of me.
Please help me out.
Thanks,
Naga