BENGALURU: BBMP’s draft bylaws 2019 if it comes into effect, the civic agency will for the first time be empowered to take punitive measures to check illegal constructions in Bengaluru.
The regulations currently in effect — under ‘BBMP Building Bye-Laws 2003’— do not contain any punitive provisions in case of deviations from approved building plans.
Apart from the asset-forfeiture proviso that allows the civic agency to take possession of the entire ground floor or 10% of the total built-up area, whichever is larger, if constructions on plots of 60ft×40ft or more deviate from the sanctioned plan, the new draft bylaws also propose stiff fines of up to Rs 2 lakh.
The fines include a one-time fine of at least Rs 1 lakh and up to Rs 2 lakh for carrying out work on certain types of buildings (see table) without obtaining a licence, plus 1% of the guidance value of the building site for every month if the infringement continues.
The draft bylaws also provide for fines of up to Rs 10,000 and disciplinary action against officials for the issue of illegal licences or unlawful refusal to grant licences.
Failure of the owner/ builder to intimate the agency about
construction, within two years of commencement of the work, will attract a fine
of Rs 50,000 per month till the contravention continues.
Stipulations mirror many of the provisions of bylaws that
Hyderabad Metropolitan Development Authority ad opted in 2012.
The agency proposes to prevent the construction of floors
exceeding the sanctioned number by proposing to municipalise (transfer to BBMP ownership) the extra floors
and prevent the owner/ builder from selling, leasing out or giving on rent the
floors till a valid plan is obtained.
A builder shall give an affidavit duly notarised to the effect that in the case o violation from the sanctioned building plan, the authority can demolish the violated portion.
In respect of apartment buildings, the builder shall give a declaration duly specifying the number of floors permitted and the extent of each floor.
Builders will also have to provide BBMP with a notarised affidavit to the effect that in case of violations of the sanctioned plan, the agency can demolish the part built illegally.
Source: ET Realty
Image Source: IBT Times