BENGALURU: The Bengaluru Development Authority (BDA) has issued a circular laying down strict conditions for approving modified building plans after an Occupancy Certificate (OC) or partial OC has been issued.
The circular follows an interim order of the Karnataka High Court on June 23, in Writ Appeal No. 608/2024 – HM Tambourine Apartment Owners Association and Others vs BDA and another. The court had directed the authorities to frame specific criteria for approving modified plans after an OC.
The BDA said no modified plan can be sanctioned where the permissible Floor Area Ratio (FAR) has been fully utilised and an OC issued. Where a partial OC has been issued and FAR remains unused, the site area covered by the original sanctioned plan cannot be altered. Parks, open spaces and amenities shown in the original plan must also remain intact.
Builders seeking to utilise unused FAR must obtain consent from two-thirds of purchasers where third-party interests have already been created. Sale deeds or agreements must mention the possibility of future utilisation of permissible FAR, TDR or Premium FAR. Necessary NOCs must also be obtained.
The circular further stated that additional construction using balance FAR, TDR or Premium FAR must not alter apartment owners’ Undivided Share (UDS). Once an OC for the entire project is issued, the builder permanently loses the right to seek modifications.
Vacant areas not earmarked for future development in the original plan will not be considered for modified plans. The town planning and engineering sections must verify existing OCs before approving modifications.
The BDA will develop software to integrate approvals from both sections and implement an ERP solution from April 1, 2027. Applications must be disposed of within 90 days.
The guidelines follow the HM Tambourine dispute, where residents challenged a 2016 modified plan for an additional building on land in which 241 flat owners held undivided shares. They alleged that the approval lacked the mandatory consent of two-thirds of owners and violated property rights and statutory requirements.
