The Bruhat Bengaluru Mahanagara Palike’s (BBMP) draft building bylaws include several new features, including one that is likely to bring relief to thousands of property owners if approved by the State Government. After exploring the legalities, the civic body has proposed to increase the extent of bylaw deviations that can be regularised after payment of requisite fines from the current 5% to 15%. Once this is in place, property owners will be able to get completion certificate (CC) and occupancy certificate (OC) easily.
Though the proposal, including an increase in the quantum of fines levied for various violations/ deviations, was first mooted in December 2020, BBMP was directed to look into the legal aspects by the Urban Development Department. This and a few other proposals included in the draft bylaws were discussed in a meeting chaired by the Additional Chief Secretary, Urban Development Department, in December 2021.
According to sources privy to the development, civic officials have been directed to compare the compounding of offences of corporations in other states. Officials were also directed to ensure that the draft building bylaws are in line with the zonal regulations and the Model Building Bylaws of both the Union and State government. The draft bylaws are based on the Union government’s Model Building Bylaws 2016, the State government’s Karnataka Municipal Corporations Model Building Bylaws 2017 and the Karnataka Municipalities Model Building Bylaws 2017. The building plan approvals are already under SAKALA, and as per Ease of Doing Business, plans for sites measuring below 50 ft X 80 ft and 40 ft X 60 ft are sanctioned on “trust and verify” basis.
The meeting discussed the need to constitute a committee to scrutinize structural drawings if a registered structural engineer could issue a structural stability certificate. Officials also discussed if the issue of CC could be relaxed for buildings of a certain dimension and action to be taken if buildings do not get the completion certificate. Sources said the Directorate of Town and Country Planning has been directed to submit a report on the discussion points. “Following this, the draft will be sent to the Cabinet for approval. Once approved by the Cabinet, a notification will be issued and one month time will be given to citizens to submit suggestions and objections. Only after all these processes are complete, the final notification will be issued,” sources added.
According to an official from the Town Planning Department, the civic body doesn’t issue OCs for a host of reasons, including bylaw deviations and unsanctioned building plans. Though OC is not mandatory for registration, it is a must for occupation of the property. “Without an OC, it is a given that requisite clearances are not in place. Such property owners are at a risk of being unable to claim any insurance in case of any accident,” the official explained.