Regularising deviations in Bengaluru to be costly

Bengaluru: Rs 5,000 per square foot — that’s the minimum penalty property owners in Bengaluru are required to pay for condoning deviations from sanctioned building plans. 

While the cost of regularising building violations — the state government recently increased deviation limits from 5% to 15% — appears expensive, it is said to be an attractive offer for property owners, given the massive increase in real estate value.

What's more, the relaxation is expected to create a new stream of revenue for the municipal corporations in the city, which are starved of funds. Some residents, however, insist that the regularisation is uncalled for, as the cost of undoing the damage will be much higher.

Last week, the state government notified the amended building bye-laws applicable to all five newly carved city corporations under the Greater Bengaluru Authority (GBA). The notification outlines the fee and penalty for condoning deviations beyond permissible limits, based on the guidance value of the site.

Broadly, the fee is based on residential and non-residential categories. While the regularisation fee for setback violations ranges between 6% and 12% of the guidance value, the government has fixed a minimum consideration of Rs 5,000 per square foot.

On top of that, the notification has also prescribed a separate penalty of 14% to 18% for violations of the sanctioned plan, such as terrace rooms, unauthorised mezzanine spaces, balcony extensions, etc.

For instance, a 2,000 sq ft plot carrying an FAR of 1.75 can accommodate up to 3,500 sq ft of built-up area. Considering the relaxation of 15% in deviation limits, the plot owner can increase the built-up area by an additional 525 square feet.

That would amount to a penalty of Rs 26.25 lakh. On the face of it, the fee appears steep, especially after taking into consideration the additional construction cost. However, it may still appear attractive for plots situated along wide roads and in prime areas where property prices exceed Rs 10,000 per square foot.

Some believe that the regularisation scheme is nothing but a revenue-generating exercise by the state government for the civic bodies.

Suhas Ananth Rajkumar, a resident of CV Raman Nagar who has been fighting against unauthorised constructions in his neighbourhood, said the government is committing a big blunder by enforcing the relaxations to generate revenue.

"The revenue the corporations will need to undo the damage will be much higher. This may seem like easy money, but densification will also put stress on existing amenities. The cost of relaying water and sewage lines, along with upgrading other civic infrastructure, will be significant," he said.

There is also a fear that property owners may deviate more than 15% of the sanctioned plan, which in many instances is as high as 50%, and still seek regularisation under this scheme.