Chapter 4General Regulations Applicable to All Land Use and Planning Zones

This section of the Zoning Regulations covers the aspects that would be applicable for all the land uses and planning zones unless otherwise specified. The aspects covered include landuse, means of access, relinquishment of land for road, sub-division, amalgamation, bifurcation, setback, FAR, ground coverage, height, buildings, parking, TDR etc.

4.1 Land Use

i. All permissions accorded by BDA or Government prior to these regulations coming into force shall be treated as conforming uses irrespective of the classification made in the Revised Master Plan 2031. This is to be allowed on a case by case basis only.

ii. For change of land use under section 14-A or under section 69 of KTCP Act 1961 to Non-Residential use, the minimum existing road width shall be 12.20 m. The change of land use approved by Government/ Authority prior to notification of these regulations under RMP-2031 shall remain valid irrespective of any change in these regulations.

iii. In case of prohibited areas/ areas of special control (i.e., around certain monuments/ critical/security installations/buildings, forests, eco-sensitive zones, NGT buffers) even if the land use is designated in the proposals, the regulations for the prohibited area zone prevails.

iv. Before permitting any uses permissible under special circumstances, the authority shall publish the proposals calling for public objections in at least two leading local daily newspapers giving stipulated time of fifteen days. The objections received within the stipulated period shall be placed before the authority and the reasons for accepting/rejecting the objections shall be recorded in the proceedings based on which the authority may take appropriate decision.

v. Roads, Parks, playgrounds and open spaces may be permitted in all other land use zones as permissible use.

vi. Different uses permitted in a given zone may be allowed in different floors of the building. In such cases, the regulations applicable to the use of the ground floor of the building shall apply to the entire building. If there is mixed land use in the ground floor, the predominant use (higher area) among them shall be considered as the use of the ground floor. If the area under the two uses on the ground floor is equal then the use on the front side of the plot/ entry side shall be considered as the predominant use.

vii. All cases of SEZ approved by Government of India (GOI) shall be considered for clearance, irrespective of land use classification subject to payment of fees under section 18 of KTCP Act, 1961 and Environmental clearances as stipulated by MoEF,

KSPCB and CPCB.

viii. No objection Certificate from the Deputy Commissioner of the district shall be obtained before permitting buildings for places of worship vide Government Order No.Kan.E.65: MuAaBi:2001, Dt. 24-12-2001.

ix. If the validity of the previous planning permission/ approval including permissible renewal has lapsed at the time of coming into force of these regulations, in such cases afresh planning permissions/ approvals shall be taken under these regulations.

x. In case of buildings that have been permitted lawfully by BBMP or BDA and if such structures are in obstruction to the alignment of the proposed roads in RMP 2031, such road alignment shall be re-looked into by the authority and decision may be taken suitably.

xi. In case of any error in the demarcation of roads in the Master Plan and the actual location of roads, and/or in exceptional circumstances if the proposed road alignment is technically not feasible due to existing topographical conditions and requires amendment in the alignment, the same shall be rectified after verification by the Authority. The neighboring land use shall be considered for the properties abutting such roads in the Master Plan and the Authority shall take necessary action as per Section 14A of KTCP Act, 1961 for the amendment in the road alignment and change of land use in the Master Plan.

xii. In case of discrepancies in marking the revenue survey number, in such cases the revenue records shall prevail, however, the land use as per RMP 2031 shall prevail.

xiii. The locations of HT Line/ Nallah/ Streams and Lakes shall be as per ground conditions or revenue records and any discrepancies shall be rectified after the verification by the Authority. In such cases adjoining land use shall be applicable.

i. Proposed road width shall be as in the Master Plan or as proposed by the local authority. If proposed road width is not specified for any existing road (i.e. Roads which are not proposed for widening) and, then the existing width shall be considered as proposed width for applying the provisions related to the FAR and other regulations.

ii. The centre line of the road fixed by the Authority/local Authority shall be considered as the centre of the road. The Authority/ local Authority shall fix the centre line of all roads having proposed width of 12 m and above. If the centre line is not fixed by the Authority/ local Authority, the centre of the existing road shall be considered as the centre of the road.

iii. While determining the width of the road the distance between the boundaries of a road including foot path, drains measured at right angles at the center of the plot shall be considered.

iv. The minimum width of means of access shall be governed as per the following provisions:

(a) The means of access to the plot which would be other than 'through public roads and street' (dead end road without any cross roads), shall not be of more than 30 m in length from the public road or street.

(b) The means of exclusive access which would be other than through public roads or streets having more width than the public road or street, but less than 30 m in length, then width of the public road or street shall be considered for reckoning FAR.

(c) If the width of such access is of 3.5 m,4.5m and 6m, the F.A.R. and height of buildings coming up in such plots shall be regulated according to the width of the public road or street for buildings of height upto G+1 floors or 7 m, upto G+2 floors or 10 m and G+3 floors or less than 15 m respectively. For Plots with area of above 360 sqm in Planning Zone A and for Plots with area of above 500 sqm in Planning Zone B, the minimum width of such access shall not be less than 7.5 m for granting the permission for Apartment Building/ Group Housing.

(d) If the width of access road is less than 3.5 m, then max floor area permitted in such cases shall not exceed 150 sqm and 50 sqm in residential and commercial zones respectively irrespective of the site area.

(e) If the length of means of access exceeds 30 m, F.A.R. and height of the building abutting such means of access shall be regulated with reference to the width of such means of access subject to a maximum FAR applicable for road to which such means of access is connected.

(f) Access rights needs to be obtained before applying for any sanction/permission for development. Documents to support the rights obtained needs to be submitted along with the plan.

(g) In case of sub-divisions/ development plans, the provisions related to minimum width of means of access shall be applicable as defined in the regulations for subdivision/development plan.

(h) The proposed land use through which means of access is being taken, even if owned by applicant, such land use shall be not treated as land use for the main property. The Land Use as depicted in RMP 2031 shall be applicable to rest of the property i.e after the means of access.

v. No construction may be permitted on plots abutting roads having less than 6m width unless the portion of the plot required for road widening up to 6m width or to any other required width prescribed in the Master Plan or by the Local Authority is surrendered free of cost and can avail the FAR for the surrender portion.

vi. In case of roads having service roads in addition to the main roads the width of road shall be aggregate width of service roads and main roads for determining FAR and height of the building.

vii. Every proposed road shall meet another road of equal or higher width. For the purpose of maintaining the road hierarchy, the Authority may direct the applicant(s) submitting application for sub-division/ layouts or development plan or any other approval to amend/ modify the road width proposed as part of the planning permission sought to integrate the developments accordingly.

viii. In case of roads with varying widths, the existing road width shall be the average

width considered by taking road width measurements for the varying sections and applied with weighted average for the lengths of varying sections of the road. Such road should lead to another road having the same or higher width. However, at any point on that road, the width should not be less than 75% of the width considered as existing width. If more than 50% of the length of the road with road width less than 75% of the average width is available, then the regulations applicable for lower road width shall be applicable.

ix. While developing a land, if for any reason, the road has to be stopped without continuation, and then Cul-de-Sac with turn around area of 9 m Radius at the end shall be provided.

i. In case of plots facing the road proposed for widening, the portion of the plot required for road widening as indicated in the Master Plan or as required by the Authority and/ or local authority, shall be handed over to the Authority and/ or local authority free of cost by a relinquishment deed by the owner of the land. The owner shall be eligible for utilizing the applicable FAR on the land relinquished to the Authority on the balance land left with the owner subject to fulfilment of other regulations.

ii. If additional portion of the abutting plot is required by the Authority or Local Authority for providing free left lanes or splaying/ widening of road intersections or for providing additional bus bay lanes, such portion of the plot shall be relinquished to the Authority or the Local Authority, as the case may be, before sanctioning building plan to such plots. The setback for the plot shall be considered from the proposed road line only and not from the boundary of the additional portion of the plot surrendered for the development of road intersection or bus bays, as mentioned in this clause.

iii. Where upper floors are permitted over the existing buildings which are sanctioned prior to the coming into force of RMP 2031, the upper floors shall be permitted only after the applicant surrenders the portion of the plot and building, if required for road widening, free of cost by a relinquishment deed. The owner shall be eligible for utilizing the applicable FAR on the land relinquished to the Authority on the balance land left with the owner subject to fulfilment of other regulations.

iv. In case of alterations to existing buildings is sanctioned by the Local Authority, the applicant shall surrender the portion of the plot required for road widening to the Local Authority, free of cost, by a Relinquishment Deed, , before sanction is accorded. The owner shall be eligible for utilizing the applicable FAR on the land relinquished to the Authority on the balance land left with the owner subject to fulfilment of other regulations.

i. For according any development/ building permission, the conversion of plot/ land from Agricultural to Non-agricultural Use under the Revenue Act is mandatory.

ii. Following the conversion of plot from Agricultural to Non-agricultural Use, it shall be mandatory for the applicant to obtain the Planning permission from BDA prior to applying for the Building Plan Approval irrespective of the size of plot/land.

iii. The Subdivision shall be governed as per the following regulations:

(a) The approval of Layout Plan is subject to the condition that the proposal satisfies all the requirements stipulated under section 17 of K.T.C.P Act, 1961 and a lso Section 32 of BDA Act, 1976.

(b) The Authority reserves the right to modify the layout (residential layout or non-residential layout) submitted by the applicant / owner and may impose any conditions either from planning point of view or in the interest of public considering the safety, security, environment and aesthetics.

(c) The applicant shall be required to adhere to the rules and regulations framed by the government from time to time in this regard.

iv. The Amalgamation shall be regulated as per the following provisions.

(a) Ownership of the amalgamated plot could be in single or multiple names/family members/ company. But, amalgamation shall not be considered if the plots are under lease agreement. Also, the plots earmarked for EWS shall not be amalgamated except where the Authority/ Local Authority is executing the scheme for EWS Housing

(b) Development controls for the amalgamated plot shall be with reference to new extent and dimensions.

(c) Properties having different land uses may be amalgamated into single property. However, if park and open spaces, roads, public and semi-public, public utilities or agricultural zones outside the conurbation area are part of the amalgamated property then the uses permitted in these zones only shall be developed in such proportions of the property by actual measuring with respect to Master Plan drawings.

(d) If any portion of the amalgamated properties has been relinquished free of cost for road widening, then the regulations applicable for the land use of the plot abutting the road shall be applicable for the entire amalgamated property (except for the land uses for the portions falling under agricultural zone outside the conurbation area, park and open spaces, roads, public and semi-public, public utilities) and in other cases of amalgamation, the regulations applicable for the lower land use ( The order of land use from lower to higher shall be industrial, residential, commercial) among the amalgamated plots shall only be permitted. In such cases, the owner shall be eligible utilizing for the applicable FAR on the land relinquished to the Authority on the balance land left with the owner subject to fulfilment of other regulations.

(e) Any of the individual plot which was used as part of the Amalgamated plot for becoming eligible for higher FAR shall not be permitted for approval as individual plot unless the higher FAR claimed as a result of amalgamation for amalgamated plot is cancelled / withdrawn.

(f) The plots falling in unauthorized developments shall be considered for amalgamation only if such plots fulfil the requirements of these regulations as well as that of the rules framed under Section 17 of the Act, after amalgamation.

v. The Bifurcation shall be governed as per the following provisions.

(a) Bifurcated plot area shall not be less than 50 sqm.

(b) The bifurcated plot shall have a minimum of 6 m frontage.

(c) Bifurcated plot shall have a minimum 3 m access.

(d) In the case of all bifurcations, whether corner site or intermediate site, front setback for the resulting site abutting the road shall be the same as that of the original site and not that of the subdivided site.

(e) A Plot/ Site which is a part of the sub division plan/layout/scheme duly approved by the Authority may be further bifurcated with prior permission of the Authority and the sub-divided plot shall not be less than the prescribed size in (a) above.

Setback all-round the building shall be provided for all floors of the building as prescribed in these regulations:

i. Front setback is essentially with regard to the road width and height of the building and side and rear setbacks are with reference to the height of the building as prescribed in Table 1 and 2.

ii. The maximum height of the building shall not exceed 1.5 times the width of abutting road plus the front setback, subject to the requirement of front open space of a maximum of 16 m.

iii. If a building abuts on two or more roads of different widths, the building shall be deemed to face upon the road that has higher road width and the height of the building shall be regulated by the width of that road.

iv. Front setback should be provided in the remaining plot after deducting area for road widening as proposed in the Master Plan or as proposed by the BBMP. If the road widening is not applicable to the plot, the front setback shall be provided from the Front boundary of the plot.

v. The setbacks shall be provided in the owners plot. Public open spaces or conservancies should not be considered as setbacks.

vi. The front setback or the building line (as defined in Table 1) whichever is higher shall be considered as the front setback of the building. Also, no portion of the building shall project, either below the ground or above the ground beyond the building line.

vii. In the case of corner plots, both the sides facing the road shall be treated as front side and regulations applied accordingly.

viii. In case of plot facing roads on more than one side of the plot, the sides facing roads from which approach is provided to the plot shall only be treated as front and other sides shall be treated as rear/ sides and the setbacks be applied accordingly and FAR should be computed based on the road width which is considered as front.

ix. When the road widening work is undertaken by the Authority /BBMP to a width equal to or less than that prescribed in the Master plan and if any building has to be partly or fully demolished for the road widening, the reconstruction of the remaining portion of the building may be permitted abutting the road widening line without providing front setbacks. However, such reconstructed building shall not have plinth area more than that of the original plinth area of the building and shall be reconstructed only upto the ground and first floor. In case the owner intends to construct upper floors to such buildings, permission shall be granted only if the portion of the building constructed in the front setback area is demolished. This relaxation shall not be available if the owner of the building is proposing to construct a new building as per the provisions of these regulations. This relaxation shall be permitted only during the period of widening work of the particular road is undertaken by the Authority / BBMP and shall not be available in other situations. The above-mentioned relaxation shall be available only if no compensation including DR is availed for the portion of the building demolished. The provision of this clause shall be decided by the Authority/ BBMP on a case to case basis .The Authority/ BBMP shall maintain a register showing details of all such buildings (existing and proposed), for which permission has been granted with such relaxation.

x. For residential buildings sites upto 120 sqm an open staircase may be permitted in the side or rear setbacks.

xi. For Residential building sites upto 60 sqm W.C with of 1 m x 1.2 m may be permissible in rear set back.

xii. For Residential Buildings when minimum set back of 1.5 m is left on any side (except front), a scooter garage may be permitted on this side set back at the back side limiting the depth of the garage to 2.5 m.

xiii. The following constructions may be permitted within the setback area without affecting the required driveway around the building as prescribed in these regulation:

(a) Pump room;

(b) Generator with outdoor acoustic enclosure (within permissible noise level) and the height of the exhaust pipe should be 3 m above the neighbouring building adjacent to the generator or as prescribed by the Competent Authority;

(c) Watch man's cubicle not more than 4 sqm at the entry/ exit point and fire control room (maximum 4 m x 4 m) (no setback from the boundary);

(d) Sump tanks below the ground level;

(e) Sewage Treatment Plant below ground level;

(f) Solid waste drying yard/ organic waste converter;

(g) Children's play area;

(h) Transformer / power substation (no setback from the boundary is required if

permissible under the rules of Competent Authority) and other services;

(i) Any other ancillary utility services provided for the building;

(j) Open well and bore wells;

(k) R.C.C. ramps for vehicular movement around the building upto a width of 6 m may be permitted to be constructed within the setback for the vehicular movement around the building and for entry to the parking areas within the building;

(l) Architectural features which are not usable for living or storage purposes without hindering the driveway requirements of the buildings prescribed in these regulations. Such projections shall not be within 5m height from the ground floor level, if such projections are proposed within the driveway area;

(m) Cantilever porches, steps and corridor to ground floor entry; and

(n) Car parking in basement structures subject to applicable restrictions. For non-high-rise Buildings items a, b, c, d ,e, f, g and j may be permitted abutting the building with 1 m setback from the boundary.

xiv. Exemptions/Projections in setbacks:

(a) Every open space provided either interior or exterior shall be kept free from any erection thereon except as provided herein and shall be open to the sky and no weather shade or cornice roof more than 0.75 m wide or $1 / 3 ^ { \mathrm { r d } }$ of open space whichever is less shall over hang or project over the said open space.

(b) A portico/ porch may be permitted in the ground floor within the setback. No access is permitted to the top of the portico for using it as a sit out. The size of the cantilever portico is restricted to 3 m x 4.5 m. In case of high rise buildings cantilever portico is allowed as per the Fire Norms. The portico when allowed shall have a clear open space of 1 m from the boundary of the property and in case of high-rise buildings such portico should have a minimum clear height of 5.5 m and a vehicle passage width of 6 m, if such portico/ porch projects into the mandatory driveway of 6 m.

(c) The projection of the balcony shall be measured perpendicular to the outer wall of building up to the outermost edge of the balcony. Cantilever projection of the balcony shall be permitted into the prescribed setback area (as per Table 1 or Table 2 as applicable) only upto l.2m or l $/ 3 ^ { \mathrm { r d } }$ of such setback, whichever is less. No balcony is allowed at the ground floor level into the prescribed setbacks. In case of high-rise buildings, no projection is allowed upto 5.5 m vertical clearance from ground level into the minimum prescribed setback area.

(d) If more than 25% of the depth of the property is required to be surrendered for road widening, reduction in the rear/ side set back upto 50% shall be allowed for the remaining portion of the plot, subject to a minimum of 1.0 m setback for non-high-rise buildings

(e) Only 50% of the setback provided in Table 2 shall be required for independent MLCP or MLCP attached to any building subject to a minimum of 6 m in case of buildings of more than G+4 floors or 15 m and more height, whichever is less. Relaxation of setbacks shall be available only for the MLCP portion of the building in case of MLCP being attached to any side/s of the building.

(f) For garages as prescribed in clauses on garages in this section.

xv. If the proposed road width is 2 times or more than the existing width of the road, the front setbacks shall stand reduced to 50% of the setbacks prescribed in Table 2 for non-high-rise buildings and 25% for high rise buildings, subject to the minimum setback provided as per Table 1. The reduction in front setback shall be applicable for the existing structure only, if any, falling along the proposed new roads at the time of survey of the alignment.

xvi. Upto Ground floor and one upper floor buildings, no side setbacks shall be insisted upon only in the case of reconstruction of existing building where traditional row housing type of development exists.

xvii. In case of irregular plots, except the front setback, the side and rear setbacks at any critical point shall not be less than 75% of the setbacks prescribed in Table 2 subject to a minimum of 6 m for buildings above 15 m height. However, the total set back area provided shall not be less than the setback area required by providing the setback as per Table 1 and Table 2, as applicable. The area of the portion of the building projected into the required setbacks as per Table 2 shall not be more than 5% of the total setback area required by providing the setbacks as per Table 1 and Table 2, as applicable subject to maximum ground coverage norms applicable for respective land uses.

Illustration

xviii. For more than one building on a given site, the distance between the buildings shall be 1/2 the height of the tallest building or 16 m, whichever is lower, between the buildings under consideration.

xix. In case, two or more buildings with different heights are proposed on a single site, then setbacks shall be applied with reference to the tallest building.

xx. In case two or more structures are connected, these shall be treated as single building/ block only if atleast one third of the width of any one structure on the connecting side is solidly connected to other structure. Any interconnecting link

between the structures through connecting corridor only shall not be treated as a single building/ block, and the provisions related to distance between the buildings shall be applicable in such cases.