Akrama-Sakrama: Both setback, floor area ratio rules must be followed

Ready reckoner

The much-awaited Akrama-Sakrama scheme will now be a reality, bringing relief to thousands of property owners in Bengaluru, who have constructed houses on revenue land or in violation of sanctioned building plan.

However, there are certain conditions that limit the benefit to a select number of people. Here is all that you would like to know about the Akrama-Sakrama scheme meant to regularise buildings.

Can Akrama-Sakrama scheme regularise all buildings which have not been issued any khatha?
Any construction on the Central, state government or municipal corporation land will not be regularised. Buildings encroaching on stormwater drains, lakes, river course, canals, beneath high tension electric lines, parks, playgrounds and civic amenity sites cannot be regularised.

What is the limit of violations which can be regularised?
1. For buildings abutting the neighbouring property or where the setback provided is less than the limit prescribed in bye-laws, violation up to 25% in case of non-residential buildings and 50% in case of residential buildings shall be regularised.
2. If the Floor Area Ratio violation is less than 50% in case of residential buildings and 25% in case of commercial buildings, then it can be regularised.

What if the violation exceeds the limit?
If the violation exceeds the limit, then the portion should be razed.

What if the setbacks have been adhered to but the floor area ratio (FAR) has been violated?
Both rules – setbacks and FAR – have to be complied with. Floor area ratio (FAR) is the ratio of a building's total floor area to the size of the piece of land upon which it is built.

Can any development in basements be regularised?
No. Development in basements or use in contravention of bye-law shall not be regularised.

Is any certificate from any other competent authority required to be attached with an application?
Yes. In case the building is above 15 metres tall, one must produce a No Objection Certificate (NOC) from all competent authorities as mandated under the Revised Master Plan-2015.

What is diversion of land?
Diversion or conversion of land use is a process where the deputy commissioner of the district permits construction of a building on a piece of land. It means that the planning authority identifies which area should be reserved for which purpose like residential, commercial, industrial and so on.

Is there any need to file any certificate from the architect or structural engineer?
If your building has more than two floors, you need to file a certificate from a registered structural engineer certifying that you qualify to apply for regularisation and that your claim is in accordance with rules prescribed and the building has structural stability.

Is the certification process difficult?
The certification process is not difficult. The registered engineer will only have to give the zonal classifications, the physical parameters of the set back, FAR and whether the violation falls within the permissible limits.

What happens if you do not avail the opportunity to regularise?
In case your construction is unauthorised and in violation of the norms or zonal regulations and you fail to apply for regularisation within the prescribed time, water
and electricity supply to the building is liable for disconnection after notice is served to you.

How to get the application form?
The application form will be available at the municipal office. Each urban local body will notify if forms are available at additional locations in their jurisdiction.

Do you have to pay fees for the regularisation along with the application?
Yes, you will have to pay (1) scrutiny fee and (2) regularisation fees along with the application. Your engineer will guide you in calculating the prescribed fee.

If the application is accepted at the counter, does it mean that the violations are automatically regularised?
No. At the counter, the officer will examine whether all the prescribed documents and the prescribed fee for regularisation are enclosed. They will not be able to verify whether the violation falls within the prescribed limits or not. This is the task of the competent authority, who will make these verifications in every single case and pass an order.

What if the application is not considered for regularisation?
On can appeal to Appellate Authority concerned.