Bengaluru's Proposed Building Bylaw Amendment Raises Alarms Over Legalizing Violations
The draft amendment to Bengaluru's building bylaws has ignited significant concerns among urban activists and planners, who fear it could effectively legalize widespread construction violations across the city. While the Greater Bengaluru Authority (GBA) insists the move is not primarily aimed at revenue generation, critics argue that civic corporations stand to see increased collections through revised compounding fees.
Key Changes in the Amendment
The amendment to the 2003 bylaws proposes a substantial increase in the permissible deviation limit from 5% to 15% across critical parameters, including setbacks, floor area ratio (FAR), plot coverage, and building height. Additionally, it introduces a structured compounding fee system, allowing property owners to regularize such deviations by paying penalties and secure occupancy certificates (OCs) that were previously denied due to non-compliance.
Lack of Data and Enforcement Challenges
Despite the prevalence of violations on the ground, civic authorities lack reliable data on the scale of the problem. Neither the erstwhile Bruhat Bengaluru Mahanagara Palike (BBMP) nor the GBA has conducted a comprehensive survey to identify buildings with violations. An official from the town planning department highlighted plans to digitize the issuance of notices to bring uniformity and maintain proper records, as the current manual system is inconsistent and inefficient.
Urban Planners Voice Strong Opposition
Urban planners have strongly opposed the proposal, warning that it may legitimize non-compliance rather than strengthening enforcement. One planner raised legal concerns, cautioning that allowing up to 15% deviation could violate Supreme Court directives and revive elements of the controversial ‘Akrama Sakrama' scheme. Critics argue that the draft undermines adherence to approved plans and bypasses the Metropolitan Planning Committee mandated under Article 243-ZE.
R Rajagopalan, convener of the citizens' collective Bengaluru Coalition, stated, "Institutionalizing a 15% deviation window without scientific study amounts to covering up repeated failures in enforcement and monitoring of unauthorized constructions, in violation of multiple Supreme Court directives mandating OCs for essential services."
Pravalika Sarvadevabhatla, of Jana Urban Space, added, "Raising the deviation limit to 15% redraws the line of illegality instead of fixing enforcement. With only about 4% of buildings receiving OCs, the real issue is compliance. Setbacks and FAR are essential for safety, as seen in the Carlton Towers fire. Relaxing them increases risk."
Officials Defend the Move as a Practical Solution
Officials, however, defended the amendment as a practical solution to a long-standing issue. One of the five city corporation commissioners explained that the amendment aims to clear the large backlog of OCs while offering relief for minor violations.
"Most buildings in Bengaluru have some form of deviation. We cannot demolish all of them, nor do we have the capacity to do so. Allowing regularization up to an additional 10% will benefit both property owners and the corporations," he said, while noting that the move could also serve as a mechanism to mobilize funds. "On average, the corporation could earn up to Rs 3 lakh from each building that is yet to obtain OC."
Maheshwar Rao, chief commissioner of GBA, commented, "There may be some increase in revenue through fees, but that is not the primary objective of this move. Given the standard plot sizes in Bengaluru, such as 30x40 or 40x60, a certain degree of deviation is inevitable. By allowing deviations of up to 15%, more property owners are likely to come forward and bring their buildings within the legal framework. However, in many cases, the deviations exceed 15%, so it remains to be seen how much practical benefit this provision will offer."
The debate continues as stakeholders weigh the potential benefits against the risks of undermining urban planning and safety standards in one of India's fastest-growing cities.
