Key amendments in BBMP Building Plan approval process during 2019 ‑ 2021

Between years 2019 and 2021 there have been amendments which are important to understand with reference BDA and BBMP building plan approval. A few of the key amendments are listed below:

A. Amendment in the Zoning Regulations of Bengaluru of the Revised Master Plan – 2015 (Amendment) Regulations

1. Change in the land area for a Non-residential development Plan

• BBMP building plan approval is mandatory for all developments wherein building size exceeds 2,400 Sq Ft. In addition to the BBMP building plan approval, a Development Plan (DP) Approval is required from the BDA or BMRDA.
• Vide document UDD 255 MNJ 2018 dated 19.06.2019, for availing a DP approval for construction of one or more commercial buildings, the land area requirement has been increased from the earlier limit of 12,000 Sq M to 20,000 Sq M.

With this amendment, only BBMP building plan approval is required for both residential and commercial developments, in case the land area is lesser than 20,000 Sq M.

2. Exclusions in computation of Saleable Area

• Area reserved for service such as electrical substation or panel room, generator, pump room, AC plant room, solid waste management, fire control room, security, or CCTV room
• Refuge areas as provided in high-rise buildings as per fire norms
• A separate public toilet block provided in the non-residential complex or plot
• Building management or society rooms with a maximum size of 40 Sq M
• Staircase / Staircase room
• Architectural features which are not usable for living or other purposes
• Chimneys, ventilation ducts and garbage shafts, ducts
• Parking areas including driveways and ramps
• Swimming pools and toilets attached to swimming pools constructed in open yard or any floor for common use by the residents
• Overhead tanks
• Escalators / lift wells and lift machine room
• Watchman’s cabin not exceeding 4 Sq M area
• Sewerage Treatment plant as specified by the Karnataka State Pollution Control Board (KSPCB) and pump rooms

Through this amendment, there is no significant impact on the BBMP approval plan process, but property owners and developers can achieve higher saleable area.

B. Repeal of 79 A and B of Karnataka Land Reforms Act

• The Government of Karnataka vide notification Karnataka Act No. 56 of 2020 dated 30.12.2020 has repealed the Acts 79 A and 79 B of The Karnataka Land Reforms (Second Amendment) Act, 2020.
• Vide this notification, the Government has removed restriction on purchasing agriculture land and purchaser of agricultural land shall use such land for agricultural purpose only.
• However, Class – A irrigated lands to used only for agricultural purposes.
• No restrictions laid down in the Act shall be relaxed in respect of land granted under the Karnataka Schedule Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (Karnataka Act 2 of 1979)

C. Phase-wise layout sanction in case of Plotted Development

• The Karnataka Town and Country Planning (Amendment) Ordinance, 2021 dated 05.07.2021 allows phase-wise registration of sites in case of a plotted development project.
• 40% of the sites (scattered within the project) shall be released in the case the developer has:
  • Approved provisional layout plan
  • Registered relinquishment deed indicating the areas reserved and demarcated for park, playground and the roads and the areas reserved and demarcated for civic amenities
  • Registered mortgage agreement of all the corner sites and
  • RERA approval
• Balance 60% of the sites shall be released upon completion of all the development works, availability of completion certificates and a copy of final approved layout plan.

Meraqi’s handbook Government Regulations, Regulatory Requisites and Building Plan Approval Process for Real Estate Developments in Bengaluru covers applicable regulatory requisites required during the entire lifecycle of a real-estate project (pre-construction, construction & post completion) in Bengaluru. The handbook also includes the standard regulatory practices and procedures involved in developing different real estate projects including residential, commercial, institution, and warehouse developments in Bengaluru.