Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
HAND BOOK
ON
1
CONTENTS
Sl.
Contents Page No.
No.
1. Preface 1
2. General Instructions to Applicants 2
3. Karnataka Town and Country Planning Act, 1961 Section 76 FF provisions 3-5
4. Karnataka Municipal Corporation Act, 1976 Section 321- A Provisions 6-7
5. Karnataka Municipalities Act, 1964 Section 187 A Provisions 8-9
6. Final Rules-2014 Karnataka Town and Country Planning Act, 1961 10-17
7. FORM I : Application for Regularisation of un-authorised 18
Development
a) PART I : Regularisation of plot in a unauthorised sub divided land / 18-19
layout
b) Part II : Regularisation of Buildings with Land use violation 19
c) Part III : Regularisation of un-approved and Non-violated 20-21
Development / un approved and violated development /
approved and violated development
d) Part IV : Acknowledgement 21
8. Form II : Provisional Order 21
9. Form III : Regularisation Certificate 22
10. Form - IV : Rejection of Regularisation 22
11. Instructions to Applicants 22-24
12. Notification II : Karnataka Municipal Corporation (Amendment) Rules - 2014 24-25
13. Notification III: Karnataka Municipalities (Amendment) Rules - 2014 25
14. FAQ s 26-30
2
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INSTRUCTIONS TO THE APPLICANTS:
1. Read the Guidelines, FAQs and other details provided in the Hand Book
carefully.
2. Ensure that your building falls in the applicable categories for penalization and
regulation of unauthorized constructions.
3. Read the Application Form carefully and fill up all the columns correctly.
4. Obtain the market value certificate of your land from the concerned sub-
registrar office to know the market value of your plot / land.
5. Read the Regularisation charges payable as provided in the Rules and correctly
fill up the concerned Self-Computation.
6. The application requires a list of documents to be enclosed. Ensure that all the
documents required are enclosed to the application.
7. If you need any assistance, you may take the help of the Licensed Technical
Personnel authorized by the Competent Authority or Registered Architects to
guide you in filling up the Application Form, calculation of the regularization
charges payable and preparation of the required plans.
8. In respect of buildings with a height of above 15m, a certificate from Licensed
Structural Engineer shall be submitted.
9. In certain cases NOC is required from Karnataka Pollution Control Board and
Fire Services Department. Ensure that these NOCs are submitted within the
stipulated time.
10. Enclose the Demand Draft / Bank Pay order obtained from any one of the
schedule Banks in favour of the Competent Authority to the Application.
11. Ensure that the Application is submitted before the last date fixed for receipt of
Applications.
12. Before submitting the Application at the places designated by the Competent
Authority make sure that you have made a Photostat copy of filled in
Application Form for your record.
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KTCP Act 1961, Section 76 FF provisions
ii. Eight percent of the market value, determined in accordance with the
Karnataka Stamp Act, 1957 and the rules made thereunder, of the
portion of the building built in violation of the provisions referred to
above, if such violation of set back norms and permissible floor area
ratio exceeds twenty five percent but does not exceed fifty percent;
Provided further that where the portion of the building is built in violation of the
provisions referred to above is being used or meant for non-residential purpose and
amount payable for regularisation of such portion shall be.-
(i) Twenty percent of the market value, determined in accordance with the
Karnataka Stamp Act, 1957 and the rules made thereunder, of the
portion of the building built in violation of the provisions referred to
above, if such violation of set back norms and permissible floor area
ratio does not exceed twelve and a half percent;
(ii) Thirty five percent of the market value, determined in accordance with
the Karnataka Act1957 and the rules made the of the violation of the
provisions referred to above, if such violation of set back norms and
permissible floor area ratio exceeds twelve and a half percent but does
not exceed twenty five percent.
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(2) No such development or change in land use referred to in sub-section (1) shall be
regularised, if it is made.-
9) No development where the violation is in excess of such prescribed limit but not
exceeding fifty per cent of permissible floor area ratio in respect of residential
building and not exceeding twenty five percent of permissible floor area ratio in
respect of non-residential building shall be regularised and different maximum
limit may be prescribed in respect of different class of development:
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Provided that where such development resulting in violation is in excess of
prescribed limit, such development shall not be regularised unless the development
resulting in violation is brought down within the regularisable limit under this Act.
10) Regularisation of violation in respect of change of land use shall be made as far as
may be in accordance with Section 14-A.
11) No development in respect of any building having more than two floors shall be
regularised unless a certificate from a Structural Engineer is produced regarding
the structural stability of such building;
12) In case of owner of the building who has made unauthorized construction in
violation of norms or zonal regulation and do not apply for regularization within
the prescribed time, the supply of water and electricity to the building shall be
liable to be disconnected with prior notice.
13) Any person seeking regularization under this section shall make an application to
the Planning Authority within one year from the date of Notification made by
Government calling for applications as per the Karnataka Town and Country
Planning and Certain Other Laws (Amendment) Act, 2013.
14) No unauthorized construction or development made in agriculture zone of
approved Master Plan or green belt area declared under Karnataka Land Revenue
Act, 1964 shall be regularised.
15) No person shall be liable to pay fine or fee for regularization under any other law if
he has paid regularisation fee under this Act for the same violations.
16) All payments made under sub-section (1) shall be credited to a separate fund kept
in concerned Local/Planning Authority called the urban areas infrastructure
Development fund which shall be utilized in such manner, for the development of
infrastructure, civic amenities, lighting, parks, drinking water, drainage system
and for any other infrastructure, as may be prescribed.
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KMC Act 1976, Section 321- A Provisions
(a) Where the building is built abutting the neighbouring property or where
the set back provided is less than the limit prescribed in bye-laws,
violation upto twenty-five per cent in case of non-residential buildings
and fifty per cent in case of residential buildings shall be regularised;
(b) No development made in the basement or usage in contravention of
bye-law shall be regularised;
(c) The construction of building shall not be regularised if it violates the
building line specified on any given road unless the owners of such
building furnish an undertaking that the space between the building line
and the road or footpath or margin will be given up free of cost at any
time when required for the purpose of widening the road in question;
(d) The provisions of sub-section (2) to (14) of section 76-FF of the
Karnataka Town and Country Planning Act, 1961, shall apply mutatis
mutandis for regularisation of building under this section and application
for regularisation being made to the Commissioner.
(2) Regularisation of any construction under this section shall be subject to payment
of the prescribed amount which may be different for different types of
contravention of building bye-laws:
(i) six per cent of the market value, determined in accordance with the
Karnataka Stamp Act, 1957 and rules made there under, of the portion
of the building built in violation of the provisions referred to above if
such violation of set back norms and permissible floor area ratio does
not exceed twenty-five per cent;
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(ii) eight per cent of the market value, determined in accordance with the
Karnataka Stamp Act, 1957 and rules made there under, of the portion
of the building built in violation of the provisions referred to above if
such violation of set back norms and permissible floor area ratio
exceeds twenty-five per cent but does not exceed fifty per cent:
Provided further that where the portion of the building is built in violation of the
provisions referred to above is being used or meant for non-residential purpose and
amount payable for regularisation of such portion shall be:-
(a) twenty per cent of the market value, determined in accordance with the
Karnataka Stamp Act, 1957 and rules made there under, of the portion of
the building built in violation of the provisions referred to above if such
violation of set back norms and permissible floor area ratio does not
exceed twelve and a half per cent;
(b) thirty five per cent of the market value, determined in accordance with the
Karnataka Stamp Act, 1957 and rules made there under, of the portion of
the building built in violation of the provisions referred to above if such
violation of set back norms and permissible floor area ratio exceeds
twelve and a half per cent but does not exceed twenty-five per cent.
(3) No person shall be liable to pay fine or fee for regularisation under any other law
if he has paid regularisation fee under this Act the same violations.
(4) All payments made under sub-section (1) shall be credited to a separate fund kept
in the concerned local/planning authority called the urban areas infrastructure
development fund which shall be utilised in such manner, for the development of
infrastructure, civic amenities , lighting, parks, drinking water, drainage system
and for any other infrastructure, as may be prescribed.
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KM Act 1964, Section 187- A Provisions
(2) Regularisation of any construction under this section shall be subject to payment
of the prescribed amount which may be different for different types of
contravention of building bye-laws:
i. Six per cent of the market value, determined in accordance with the
Karnataka Stamp Act, 1957 and rules made thereunder, of the portion of the
building built in violation of the provisions referred to above, if such
violation of set back norms and permissible floor area ratio does not exceed
twenty-five per cent;
ii. Eight per cent of the market value, determined in accordance with the
Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion of
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the building built in violation of the provisions referred to above, if such
violation of set back norms and permissible floor area ratio aceeds twenty-
five per cent but does not exceed fifty per cent.
Provided further that where the portion of the building is built in violation of the
provisions referred to above is being used or meant for non-residential purpose and
the amount payable for regularisation of such portion shall be.-
(a) twenty per cent of the market value, determined in accordance with the
Karnataka Stamp Act, 1957 and the rules made thereunder, of the portion
fo the building built in violation of the provisions referred to above, if
such violation of set back norms and permissible floor area ration does
not exceed twelve and a half per cent;
(b) thirty five per cent of the market value, determined in accordance with
the Karnataka Stamp Act, 1957 and the rules made there under, of the
portion of the building built in violation of the provisions referred to
above, if such violation of set back norms and permissible floor area
ration exceeds twelve and a half per cent but does not exceed twenty-five
per cent.
3) No person shall be liable to pay fine or fee for regularisation under any other law if
he has paid regularisation fee under this Act for the same violations.
4) All payments made under sub-section (1) shall be credited to a separate fund keep
in the concerned Local / Planning Authority called the urban areas infrastructure
Development fund which shall be utilised in such manner, for the development of
infrastructure, civic amenities, lighting, parks, drinking water drainage system and
for any other infrastructure, as may be prescribed.
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REGULARIZATION OF CERTAIN DEVELOPMENTS AND CHANGE OF LAND USE
FREQUENTLY ASKED QUESTIONS
Yes, there are conditions as to who apply. Certain developments and change in
land use that cannot be regularized are listed at para (2) of Instructions to
applicant. In brief, only the rightful owner of the property can apply for
regularization provided the violation in respect to Floor Area Ratio (FAR) and
SETBACK area are within the prescribed limits.
3. What are the prescribed limits of violations, which will qualify for
regularization?
The prescribed limits for regularisation of setback violation and floor area
violation are as follows:
a) If the set back violation is less than 50percent in case of residential
buildings and 52percent in case of non-residential buildings.
b) If the FAR violation is less than 50 percent in respect of residential
buildings and 25 percent in respect of non-residential buildings.
If the developments are more than the permissible limits, it will not be
regularized unless the violation is brought down within the prescribed limits for
the respective category of buildings.
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5. If the setback is within the permissible limits but the actual built-up area is
beyond the permissible limits can I get regularisation of the setback area only
and vice-versa?
No, in either of the cases the application for regularisation will not be accepted
for regularization unless but the parameters are within the permissible limits.
Yes.
8. If an industry falls under the RED category, but the land use does not
conform to the zonal regulations can the same be regularized?
If your building has more than two floors you need to file a certificate from a
registered Engineer (Structural Engineer) certifying that you qualify to apply
for the regularisation and that your claim is in accordance with the rules
prescribed and the building has structural stability.
The certification process is not difficult. The registered Engineer will only have
to give the zonal classifications, the physical parameters of the set back and
FAR and whether the violation fall within the permissible limits.
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12. Is there any time limit before which I have to file the application?
Yes, you need to file the application in the prescribed form within 1 year from
the date of notification i.e., from 01-03-2015 up to 29-02-2016.
14. What will happen to such developments in excess of the permissible limits?
The application form will be available at your Municipal Office. Each Urban
Local Body will notify if necessary additional location in their jurisdiction for
supply of forms.
16. Do I have to pay fees for the regularization along with the application?
Yes, you will have to pay (1) scrutiny fee and (2) regularisation fees along with
the application. Your engineer will guide you in calculation of the prescribed
fee.
The table below specifies the regularization fees payable. The rate is calculated
on the guidance value published by the Department of Stamp and Registration.
@ the rate of
Type of Extent of violation permissible
Category % of
violation for regularisation
guidaance
Residential Setback Up to 25% 6%
Above 25% but less than 50% 8%
Residential FAR Up to 25% 6%
Above 25% but less than 50% 8%
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Non- Setback Up to 12.5% 20%
Residential
Above 12.5% but less than 35%
25%
Non- FAR Up to 12.5% 20%
Residential
Above 12.5% but less than 35%
25%
Yes, the application can be rejected at the counter itself, if your application is
not accompanied with the prescribed enclosures. The officers at the counter
will issues you an endorsement for acceptance of your application or assign
reasons for rejecting the application. If your application rejected you can re-
file the application, within the prescribed time, after attending the objections
but not later than 29-02-2016.
You can lodge your complaints to the officer especially designated as Nodal
Officer in each ULB/UDA/PA, to attend to all grievances. He will attend to
your grievance and take appropriate steps to help you.
20. If my application is accepted at the counter does it mean that the violation
are automatically regularized?
No, at the counter, the officer will examine only whether all the prescribed
documents and the prescribed fee for regularisation are enclosed. They will not
be able to verify whether the violation fall within the prescribed limits or not.
This is the task of the Competent Authority, who will make these verification
in every single case and pass an orders.
The processing of your application will commence after the closure of the last
date for filing the application. A special set of officers will assist the
Competent Authority in processing the application for their correctness. If the
application is in order and the violations are within the permissible limits, then
an order for regularization will be passed and a certificate will be issued.
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22. Will I be called and heard before an order is passed?
No, there is no personal hearing. Each case will be processed on what has been
stated in the application. Normally, the certification of the engineer will be
accepted as the basis for processing the case for regularisation. However, the
Competent Authority can take up inspection of the land or building or both if
they find it necessary to do so before passing necessary orders.
23. If any application is not considered is not considered for regularization can I
appeal?
Yes, you can appeal. In the first instant you can an appeal to concerned
Appellate Authority.
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ANNEXURE
(a) At the rates specified in the table below in the case of grant of
permission for change in the use of land namely:-
TABLE
Fee per square meter of total land
In the local Planning Area of Residential Industrial Commercial
Rs. Rs. Rs.
1 A city or town with a 20.00 40.0.0 75.00
population of ten lakhs
and above
2 A city or town with a 4.00 8.00 12.00
population of one lakh
and above but less than
ten lakhs
3 A city or town with a 3.00 5.00 6.00
population of fifty
thousand and above but
less than one lakh.
4 A city or town with a 1.50 2.00 4.00
population of twenty
thousand and above but
less than fifty thousand.
5 A city or town with a 0.60 1.00 2.00
population of less than
twenty thousand.
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Detachable Applications
35
In Yellow Colour
FORM-I
(See Rule 11)
(Under Section 76-FF of the Karnataka Town and Country Planning Act, Section 321-A of
Karnataka Municipal Corporations Act and Section 187-A of Karnataka Municipalities Act)
Name of the applicant with address & telephone number for correspondence
..
.. .. Affix photograph
of the applicant
..
To
PART - I
Rule No.
Sir / Madam,
: North -------------------
: South -------------------
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4. Photo of the land property.
5. List of Enclosures:
(i) Sketch of the plot / site with details of abutting road & other surrounding
development details.
(ii) Copy of the ownership document
(iii) Copy of the approved layout plan if available or copy of unauthorised layout
showing the location of the site
(iv) NOC from KSPCB in case the land is in RED category.
(v) D.D. favouring competent Authority towards scrutiny fee:
: Amount in Rs
: D.D. No Date..
: Bank:
Note: Scrutiny fee shall be collected at the rate of Rs.1.00 per square
meter of total plot area in case of plot in an unauthorised layout and
Rs.2.00 per square meter of total floor area of buildings.
(vi) D.D. favouring competent Authority towards regularisation fee
: Amount:
: D.D. No.Date.
: Bank.
(vii) D.D favouring competent Authority towards an amount equal to (*) of
: D.D. No.Date.
: Bank.
(viii) D.D favouring competent Authority towards regular fees to be levied for
sanctioned under KTCP Act
: Amount:
: D.D. No.Date.
: Bank.
Signature of Applicant
(*) Refer Rule 16(4)
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PART - II In Pink Colour
Rule No 5
Sir / Madam,
: North -------------------
: South -------------------
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Affix photograph of the land / building
7. D.D. favouring competent Authority towards regular fees for change of land use
under KTCP Act.
: Amount:
: D.D. No.-------------Date------
: Bank:..
: Bank:..
Note: Scrutiny fee shall be collected at the rate of Rs. 1.00 per square meter of
total plot area in case of plot in an unauthorised layout and Rs.2.00 per square
meter of total floor area of buildings.
9. D.D. favouring competent Authority towards regularisation fee five times the fees
prescribed under section 18 of the KTCP Act and Rule 37 (A) KPA Rules .
: Amount:
: D.D. No.-------------Date------------
: Bank:
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In Green Colour
PART III
Sir / Madam,
: North -------------------
: South -------------------
1 Setback Front
(in meters )
Rear
Left
Right
2 FAR
40
3 Coverage
5 Number of floors
(i) Certified sketch of the plot / site with building along with details of
abutting road.
(ii) Certified sketch of actual built up area showing the violation of setback
and the number of floors.
(iii) Copy of ownership documents
(iv) NOC from KSPCB in case the land is in RED zone.
(v) Copy of NOC from KPTCL for clearance from high tension lines if
applicable.
(vi) Copy of certificate from Karnataka Fire Department in case of high-rise
buildings.
(vii) Copy of structural engineers certificate in case the building is more
than two floors high.
(viii) Copy of the resolution made by all the owners or their association
(For apartments and group housing)
(ix) Calculation sheets of setback and FAR violations.
(x) Copy of the sanctioned plan.
6. Photograph of building
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7. Certificate from a structural engineer for the buildings ( above ground
plus one floor)
8. D.D favouring competent Authority towards regularisation fee
: Amount:..
: D.D. NoDate...
: Bank,
9. D.D. favouring competent Authority towards scrutiny fee
: Amount:
: Bank,
Note: Scrutiny fee shall be collected at the rate of Rs. 1.00 per square meter of total
plot area in case of plot in an unauthorised layout and Rs.2.00 per square meter of
total floor area of buildings.
10. D.D favouring competent Authority towards regular fees for sanctioned
of plan as per Karnataka Town and Country Planning Act, 1961,
Karnataka Municipal Corporations Act, 1976, Karnataka Municipalities
Act, 1964
: Amount:
: D.D. No.Date.
: Bank.
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PART IV
ACKNOWLEDGEMENT
Authorised Signatory
PART IV
ACKNOWLEDGEMENT
Authorised Signatory
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FORM-II
PROVISIONAL ORDER
It is hereby inform that the unauthorised sub-divied land or layout / building with land
use violation / unlawful building situated in layout ------------------(Name), Sy.no.------- of --------
--village, plot No.---------------measuring, ----------------bearing door number / assesment
number ---------is being considered for regularised under the provisions of Section 76FF of
the Karnataka Town and Country Planning Act 1961 / Section 321-A of the Karnataka
Municipal Act 1976 / the Karnataka Municipalities Act, 1964
Place:
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FORM-III
REGULARISATION CERTIFICATE
It is certified that the unauthorised sub-divied land or layout / building with land use
violation / unlawful building situated in layout ------------------(Name), Sy.no.------- of ----------
village, plot No.---------------measuring ,----------------bearing door number / assesment number
---------is hereby regularised under the provissiona of Section 76FF of the Karnataka Town
and Country Planning Act 1961 / Section 321-A of the Karnataka Municipal Act 1976 / the
Karnataka Municipalities Act, 1964
Place:
To
-------------------------
---------------------------
----------------------------
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FORM-IV
1. Violation exceeding the permissible percentage prescribed as per Act and Rule.
2. As per reasons mentioned in the Rule No. 4.
3. Application not complete in all respects.
4. Violation after submission of application.
5. Fee not paid
6. Other reasons.
a) ......
b) ..
Place:
To
----------------------------
---------------------------
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