Bengaluru's 15% Building Deviation Plan Leaves Experts Divided Amid Gaps in Enforcement

Bengaluru, April 4: The Greater Bengaluru Authority's (GBA) proposed amendment to the 2003 building bylaws has divided experts. The amendment proposes raising the permissible deviation limit from 5% to 15% across key parameters, including setbacks, Floor Area Ratio (FAR), plot coverage, and building height. It also introduces a structured compounding fee system, allowing property owners to regularise such deviations by paying penalties and secure occupancy certificates (OCs) that were previously denied.

Lack of Data on Violations

Despite widespread violations on the ground, civic authorities lack reliable data on the scale of the problem. Neither the erstwhile BBMP nor GBA has conducted a comprehensive survey to identify buildings with violations.

An official from the town planning department said: "There are plans to digitise the issuance of notices to bring uniformity and maintain proper records, as the current manual system is inconsistent."

Planners Flag Problems

Urban planners have strongly opposed the proposal, warning that it may legitimise non-compliance instead of strengthening enforcement.

R Rajagopalan, convener of citizens' collective Bengaluru Coalition, said: "Institutionalising a 15% deviation window without scientific study amounts to covering up repeated failures in enforcement and monitoring of unauthorised constructions, in violation of multiple Supreme Court directives mandating OCs for essential services."

Pravalika Sarvadevabhatla of Jana Urban Space said: "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

Officials defended the move as a practical solution to a long-standing issue. One of the five city corporation commissioners said 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 regularisation up to an additional 10% will benefit both property owners and the corporations," he said, adding that the move could also serve as a mechanism to mobilise funds.

Maheshwar Rao, Chief Commissioner of GBA, said: "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."