New draft rules notified for Akrama Sakrama

 The time limit for getting unauthorised construction and developments regularised in urban areas under the Karnataka Town and Country Planning (Regulation of unauthorised development or construction) Act has been extended from three months to one year.

According to the new draft rules notified by the State government on December 31, 2013, owners of unauthorised properties in urban areas have one-year time to apply for regularisation under the scheme nicknamed ‘Akrama Sakrama’.

The government has fixed October 19, 2013, as the cut off date for unauthorised properties eligible for regularisation. Barring minor amendments, there is no major changes in the new rules, including the fee for regularisation of properties. The old fee structure prescribed by the previous BJP government in 2009 has been retained.

Under the scheme, violations pertaining to setback, Floor Area Ratio (FAR), non-conversion of agricultural land and formation of unauthorised layouts and sites under urban local bodies, including Bruhat Bangalore Mahanagara Palike (BBMP), are liable for waiver. However, implementation of the scheme is subject to the Karnataka High Court permission. The court has directed the government to maintain status quo with regard to implementation of the scheme.

Under the new rules, the screening committee for processing applications and passing regularisation orders has been done away with. Instead, competent authorities (commissioners of ULBs) have been empowered in its place. The new rules define unauthorised properties, bringing in greater clarity.

Fee structure

Under the new rules, up to 25 pc violation in residential buildings will attract a fee of 6 pc of the total guidance value of the property (either land or built-up area) and 8 per cent between 25 and 50 per cent. For non-residential buildings, regularisation charges will be 20 per cent of the guidance value for less than 12.5 per cent violation; 35 per cent for up to 25 per cent.

Scrutiny fee at the rate of Re 1 for every square metre of the total plot area in case of plots in unauthorised layouts and Rs 2 per sq m of total floor area of building will be collected.

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