BBMP cannot restrict balcony lengths in buildings: Karnataka High Court

Bengaluru: The Karnataka High Court has ruled that the Bruhat Bengaluru Mahanagara Palike (BBMP) cannot limit the length of balconies under Regulation 14.3 of the BBMP Building Byelaws.

"The Zonal Regulations of the Revised Master Plan 2015 (RMP 2015), framed under the provisions of the Karnataka Town and Country Planning (KTCP) Act, will prevail concerning balconies. There can be no restriction on the length of a balcony. However, the floor area of the balcony must be included in the Floor Area Ratio (FAR) calculation, and builders cannot claim an exemption for this area as per the Building Byelaws, 2003," Justice NS Sanjay Gowda stated, while disposing of petitions related to the issue.

The petitioners, Vineerh Nari, a registered structural engineer with the BBMP, and Felicity Adobe LLP, a Bengaluru-based firm, sought a directive to align the BBMP Building Byelaws, 2003, with the Karnataka Municipal Corporations (KMC) Act, 1976, and the Bangalore Development Authority (BDA) Revised Master Plan, 2015 (RMP 2015), particularly regarding balcony projections.

They argued that Regulation 14.3, which limits balcony length to one-third of each side of a building, contradicts the Zonal Regulations of RMP 2015.

The petitioners further contended that the BBMP has been enforcing this restriction, despite the zonal regulations taking precedence over the byelaws, given the overriding nature of the KTCP Act. They asserted that in cases of conflict between a byelaw and a zonal regulation, the latter should prevail.

The court observed that the KTCP Act provides a structured approach for urban development and regulates construction within designated planning areas. It further stated that the regulations made under the KTCP Act supersede building byelaws, which are intended to align with zonal regulations.

"The provisions of the BBMP’s Building Byelaws cannot contradict the zonal regulations. In cases of conflict, Section 76M of the KTCP Act and Section 249A of the BBMP Act make it clear that the Zonal Regulations of RMP 2015 will take precedence,” Justice Sanjay Gowda said.

The court added, “As a consequence, the BBMP cannot impose limitations on balcony length under Regulation 14.3 of its Building Byelaws. However, the floor area of the balcony, as per the zonal regulations, must be included in the FAR calculation.”