The Bangalore Development Authority (BDA) has imposed restrictions on the approval of revised building plans after occupancy certificates (OCs) have been issued. The decision comes through a circular issued on July 15, 2026, and is being viewed as a significant step towards preventing unauthorized redevelopment and protecting the interests of flat owners in completed residential projects.
Under the new circular, BDA has made it mandatory for developers to obtain consent from at least two-thirds of apartment owners before any modification to an approved project can be sanctioned in cases where third-party rights have already been created. The circular also prohibits approval of revised plans in projects where the permissible Floor Area Ratio (FAR) has already been fully utilized.
According to BDA officials, the authority had previously approved revised master plans for certain projects even after occupancy certificates had been issued. However, the latest circular clearly states that such approvals will no longer be granted once the rights of apartment owners have been established and development potential has been exhausted.
The decision follows an ongoing legal dispute involving residents of HM Tambourine, a 241-unit residential apartment complex in south Bengaluru. The project was constructed in 2003 and received its occupancy certificate in 2006. Residents challenged a modified sanction plan approved by BDA in 2016 that allowed the developer to construct an additional building within the same property.
Residents argued that all apartment buyers had acquired an undivided share in the entire 3-acre-18-gunta property through registered sale deeds, making them co-owners of the land. They alleged that the developer obtained approval for additional construction without securing the consent of apartment owners, as required under the Karnataka Ownership Flats Act (KOFA), 1972, and the Real Estate (Regulation and Development) Act (RERA), 2016.
According to the residents, the proposed additional development involved the use of land, development rights, and FAR that legally belonged to the apartment owners. The matter is currently being heard by the Karnataka High Court, where residents have sought the cancellation of the modified sanction plan.
Resident welfare associations and apartment owner groups have welcomed the BDA circular, stating that it provides greater clarity regarding the rights of homeowners after project completion. They believe the measure will help prevent disputes related to additional construction and unauthorized use of development rights.
Apartment owners have long raised concerns that certain developers continue to exploit gaps in property laws by attempting to build additional towers, mortgage land already conveyed to buyers, or utilize remaining development potential without the consent of residents. The new BDA directive is expected to provide stronger safeguards against such practices and ensure that the interests of apartment owners are protected once projects are completed and occupied.
