BDA puts checks on builders seeking plan modifications in Bengaluru
In a move aimed at protecting the interests of flat owners in apartment complexes, the Bangalore Development Authority (BDA) has issued a detailed circular laying
In a move aimed at protecting the interests of flat owners in apartment complexes, the Bangalore Development Authority (BDA) has issued a detailed circular laying down strict guidelines for approving modified building plans after the issuance of Occupancy Certificates (OCs). The BDA has made it clear that no modified building plan can be sanctioned once the permissible Floor Area Ratio (FAR) has been fully utilised and an Occupancy Certificate has been issued for the entire project. Once the final OC is granted, builders will permanently lose the right to seek modifications to the sanctioned building plan. In cases where only a partial occupancy certificate has been issued, and permissible FAR remains unutilised, builders may seek modifications. However, the original sital area, parks, open spaces, and civic amenity areas shown in the first sanctioned plan cannot be altered. Third-party rights The circular further mandates that if third-party rights have already been created through the sale of flats, builders must obtain the consent of at least two-thirds of the purchasers before seeking any modification to utilise the remaining FAR.
Modified plans not allowed if... The permissible FAR has been fully utilised All Occupancy Certificates (OC) have been issued Key Conditions Original sital area cannot be altered Parks, open spaces and civic amenity areas cannot be changed for construction Vacant land not earmarked for future development cannot be used Two-thirds consent of flat owners mandatory if apartments have already been sold Balance FAR and TDR can be utilised only if future development is disclosed in sale deeds/agreements Additional construction should not alter the Undivided Share (UDS) of apartment owners Once the final OC is issued, the builder permanently loses the right to seek approval for modified building plans The circular will likely put an end to developers illegally using increased FAR to construct additional buildings for extra profits. For instance, Aleem, a resident of Kanakapura Road, said that his apartment complex was constructed in 2003, and the OC was issued in 2006. The undivided shares were also transferred subsequently.
However, with the expansion of the Metro, the FAR in the area increased significantly. “The developer obtained a modified sanctioned plan from the BDA, and constructed an additional building on the same land,” he said. The construction was allegedly approved without obtaining the mandatory consent of at least two-thirds of the apartment owners, as required under the Karnataka Ownership Flats Act, 1972 (KOFA), and the Real Estate (Regulation and Development) Act, 2016 (RERA). Mandatory NOC The BDA has also directed that any future utilisation of balance FAR, Transferable Development Rights (TDR), or Premium FAR must have been explicitly disclosed in the sale agreements or deeds executed by the developer. Additional construction will also require mandatory No Objection Certificates (NOCs) and approvals from all competent authorities. To safeguard flat owners’ rights, the authority has specified that any additional construction undertaken by utilising balance FAR or TDR should not alter the undivided share (UDS) of land belonging to purchasers.
The BriefWire