BBMP proposes to increase by-law deviations to 15% fron 5%

CHANDRASHEKAR G

In an attempt to increase revenue to the BBMP and to provide relief to a large number of property owners, especially, apartment dwellers, the BBMP has proposed to increase the extent of bylaw deviations from the current 5% to 15%, to regularize the same collecting compounding fines.

This will enable property owners to obtain occupancy certificate for violations upto 15%, by paying the compounding penalty to the extent of deviation. The proposed amendment to building by-law covers setback, floor area ratio, coverage and height of the building. The compounding fee is directly linked to guidance value, said a senior official from the BBMP town planning.

The Urban Development Department (UDD) and BBMP authorities have discussed the matter extensively including the legal implications and the subject will be placed before the upcoming assembly session for approval, the official added.

Though the proposal, including an increase in the quantum of fines levied for various violations, was first mooted in December 2020, BBMP was directed discuss the legal implications.

Apart from bringing relief to thousands of property owners the BBMP aims to net Rs. 150 crore, if the propose amendment gets the green signal.

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 By laws of both the Union and State government, according to sources in urban development department.

The draft bylaws are based on the Union government’s Model Build ing Bylaws 2016, the State government’s Kamataka 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 proposal also specifies different slabs for different violations.
The compounding fee has been fixed for 5% deviations.
The penalty will be double for deviations between 5% to 10 %.
The penalty for deviations from 10% to 15% will be double the penalty for 5 to 10%.
More the deviation higher will be the penalty, added sources.

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