Occupancy certificate: Karnataka govt mulls exempting buildings above 1,200 square feet

Bengaluru: The Karnataka Cabinet on Thursday discussed exempting all residential properties exceeding 1,200 sq ft from obtaining occupancy certificates (OC) in the Greater Bengaluru Area, which could make life easy for citizens, but leave non-compliance with building plans unchecked.

The Greater Bengaluru Authority (GBA) has already exempted residential buildings constructed on plots up to 1,200 sq ft from obtaining OC. The government wants to extend this to larger plots.

Accordingly, the Cabinet has obtained Advocate-General Shashi Kiran Shetty's opinion on this, multiple sources said.

The urban development department had asked Shetty on what the law says on exempting plots exceeding 1,200 sq ft from OC, and if a cut-off date can be fixed to bring properties under such a facility.

Under Section 241(7) of the Greater Bengaluru Governance Act, any category of buildings can be exempted from OC.

Shetty, in his opinion, has stated that the government can exempt a category of buildings "if there is proper justification and application of mind". He made it clear that there cannot be a general exemption. "...(exemption) can only be for a category and based on cogent reasons, keeping in mind the larger public interest and order urban development," he stated.

Any exemption will kick in from May 15, 2025 when the GBG Act came into force and "not prior to that", Shetty specified.

According to sources, the Cabinet deferred a decision on this. However, Chief Minister Siddaramaiah's office said the Cabinet decided to exempt residential buildings on plots above 1,200 sq ft from obtaining OCs.

R Rajagopalan, convener of the BLR Coalition, told DH earlier that exempting OCs was fraught with risk. "Exempting occupancy certificates will remove the only check ensuring buildings are compliant and safe for occupation. Public safety cannot be overstated," he said.

On average, municipal authorities issue about 4,000 new building plan approvals every year for plots not exceeding 1,200 sq ft.