Greater Bengaluru Act could imperil building safety

Bengaluru: The Greater Bengaluru Governance Act of 2024, which recently received the Governor’s assent, has provisions that could significantly impact the city’s urban landscape.

Among the key changes are relaxations for setbacks, which determine the permissible size and height of buildings, with residential buildings now eligible for up to 50 per cent reduction and commercial buildings 25 per cent.

While the BBMP claims that it’s just an enabling provision that will not come into effect immediately, the Supreme Court had warned against such provisions whose gain is insignificant as compared to the long-term damage they cause.

Critics say these changes, if enforced, could compromise the privacy and safety of neighbouring properties. It could also impact ventilation for adjacent structures.

As per Section 249 of the 2024 Act, the municipal commissioner has the power to regularise buildings that do not meet the prescribed setback requirements. This applies to all structures built up to one year before the notification of the Act.

The new law also prescribes a regularisation fee, ranging from 6 per cent to 35 per cent of the market value, depending on the extent of the violation and the type of building.

“Payments collected will be credited to a separate fund for the development of infrastructure, civic amenities, lighting, parks, drinking water, drainage systems and other prescribed infrastructure,” the Act states.

For common folks, setbacks are a key indicator of whether a structure complies with building regulations. Violating setbacks not only infringes on the rights of neighbouring property owners but could also pose risks to the structural integrity of adjacent buildings. 

In February this year, a two-storey house in New Thippasandra collapsed after the neighbour damaged its pillar while laying the foundation for a new building. 

Despite the Act’s passage, the Bruhat Bengaluru Mahanagara Palike (BBMP) has clarified that the provision is merely an “enabling provision” and will not be implemented until the Supreme Court vacates the stay order on the Akrama Sakrama Act. 

Girish N, Additional Director of the BBMP’s Town Planning Department, said: “This provision was already part of the BBMP Act of 2020, but we did not enforce it in the last five years. We will not activate it until the Supreme Court clears the stay.” 

BBMP Chief Commissioner Tushar Girinath confirmed that the setback relaxation provisions in the new Act are largely a repeat of those in the 2020 act. “It was included because the courts have not set aside this particular provision in the last five years,” he
told DH. 

Legal experts expressed concerns over the inclusion of setback relaxations in the law before the Supreme Court has given its final ruling on Akrama Sakrama. 

Suhas Ananth Rajkumar, a former advocate, argued that the provision could be open to misuse. “The original cutoff for regularisation was 2014, but the (Akrama Sakrama) Act was challenged in court. It was later reintroduced in 2020 with the same 2014 cutoff. Now, the cutoff has been moved to 2024, despite promising to strictly enforce building bye-laws before the court,” he noted. 

R Rajagopalan, Convener of the Bengaluru Coalition, noted that the setback relaxation undermines the existing rules and the Supreme Court’s stay order. 

"This provision is a clear attempt to bypass legal frameworks that are meant to protect citizens. Such moves threaten the quality of life in the city and could lead to unnecessary judicial intervention at every stage to safeguard our civic rights," he said. 

Highlights - Troubling changes Setbacks determine the permissible size and height of buildings. Under GBGA, residential buildings are eligible for up to 50 per cent reduction and commercial buildings 25 per cent. Critics say these changes could compromise the privacy and safety of neighbouring properties   As per the Act, the municipal commissioner has the power to regularise buildings that do not meet the prescribed setback requirements This applies to all structures built up to one year before the notification of the Act 

Quote - It was included because the courts have not set aside this particular provision in the last five years - Tushar Girinath BBMP Commissioner