Chapter 7Special Category of Developments

This section of the zoning regulations covers the regulations for the Special category of developments including Redevelopment Areas, Integrated Townships, Integrated Development Plans (mix of residential and non-residential development) and Heritage Zones.

7.1 Redevelopment Areas

7.2.1 Purpose

The ͚Integƌated Toǁnship͛ in its present form targets to promote the development of economic activities along with residential and other supporting requirements for enhanced quality of life by facilitating development of compact high density developments promoting concepts of walk to work/ cycle to work.

7.2.2 Regulations for Integrated Townships

The basic elements of regulation for such Integrated Townships are:

i. The FAR is applicable on entire area excluding area reserved for Civic Amenities. The ground coverage shall be applicable after deducting the areas earmarked for open spaces, amenities, Amenities and Master Plan Roads, if any, passing through the site.

ii. Areas covered under lakes/streams including the applicable buffers thereof or as part of any other mandatory buffer of Eco-sensitive zones as per the provisions in these zoning regulations may be shown as park in the township plan and shall be considered as part of mandatory 10% parks and open spaces.

iii. The education as part of the residential component and health facilities as part of the commercial component of the built-up area may be provided. In addition, the developer shall make necessary arrangements for the utilities as per the requirements and specifications of different utility agencies.

iv. The area reserved under 5, 6 and 7 shall be handed over to the Authority free of cost & shall be maintained by the developer to the satisfaction of the authority. The Master Plan Roads shall be incorporated in the plan and shall be handed over to the authority free of cost and free of encumbrances. Such roads shall be treated as public roads.

v. The provisions related to EWS housing (as per point 8) shall be governed as per the principles defined in Regulations for Residential Development Plan.

vi. The CA sites shall be allotted by the Authority for development of specified civic amenities either to the developer or others on lease basis.

7.3.1 Purpose

The ͚Integƌated Development Plans͛ for smaller areas ranging from 5 Ha and upto 25 Ha are also being permitted as per these Regulations in order to promote creation of economic opportunities across the planning area through planned interventions. However, the basic difference between the Integrated Economic Townships and Integrated Development Plans would be in terms of the extent of economic activities and the employment concentration. These are also envisaged as compact high density developments promoting employment opportunities within the Planning Districts.

7.3.2 Regulations for Integrated Development Plans (Mixed Residential and Non-residential Development Plans)

i. The FAR is applicable on entire area excluding area reserved for Civic Amenities. The ground coverage shall be applicable after deducting the areas earmarked for open spaces, amenities, Amenities and Master Plan Roads, if any, passing through the site.

ii. Areas covered under lakes/streams including the applicable buffers thereof or as part of any other mandatory buffer of Eco-sensitive zones as per the provisions in these zoning regulations may be shown as park in the township plan and shall be considered as part of mandatory 10% parks and open spaces.

iii. The education as part of the residential component and health facilities as part of the commercial component of the built-up area may be provided. In addition, the developer shall make necessary arrangements for the utilities as per the requirements and specifications of different utility agencies.

iv. The area reserved under 5, 6 and 7 shall be handed over to the Authority free of cost & shall be maintained by the developer to the satisfaction of the authority. The Master Plan Roads shall be incorporated in the plan and shall be handed over to the authority free of cost and free of encumbrances. Such roads shall be treated as public roads.

v. The provisions related to EWS housing (as per point 8) shall be governed as per the principles defined in Regulations for Residential Development Plan.

vi. The CA sites shall be allotted by the Authority for development of specified civic amenities either to the developer or others on lease basis.

7.4.1 Objective

The objective of these regulations is to conserve, regulate and manage buildings, artifacts, structures, areas and precincts of historic and/or aesthetic and/or architectural and/or cultural significance (heritage buildings and heritage precincts) and/or natural features of environmental significance and or sites of scenic beauty, so as to promote heritage sensitive development.

The proposed Heritage Committee mentioned below shall be responsible for advising the BDA/ BBMP with regard to the development permissions and the conditions to be imposed on the developments in these precincts/ zones and the heritage buildings under these Regulations.

The Chairman of the Heritage Committee (excluding members listed at Sl. No. 7,8,9) in the first meeting of the Committee will invite ASI and INTACH to nominate the representatives and select the members at Sl. No. 8 and 9 for a period of 2 years and inform the Government regarding the selection of these Members. Matters related to permissions for the buildings falling in the Heritage Zones notified under these regulations shall be reviewed by the Committee. The Chairman may appoint a Sub-Committee and delegate powers to review and recommend matters for other Heritage Buildings not forming part of any notified zone

but excluding the Buildings which in the opinion of the Committee are of high heritage importance.

The RMP 2031 has identified and demarcated 12 heritage zones covering group of heritage buildings and heritage precincts in the Planning District Maps within the provisions of Section 2 Sub Section (I-ea) and (I-eb) of the KTCP Act, 1961 within the BMA area. The Specific Guidelines and Regulations for these 12 Zones are enclosed as Annexure-4. In addition individual heritage buildings not forming part of any specific Heritage Zone have also been identified which shall be governed within the framework of the general guidelines. The list of such heritage buildings not forming the part of any specific heritage zone is enclosed as Annexure-5.

The general guidelines for the regulations of all the Heritage Zones as well as Heritage Buildings are given hereunder:

A. Architectural and Visual Control

i. No development or redevelopment or engineering operation or additions/ alterations, repairs, renovations including painting of the building, replacement of special features, alterations to facade or plastering or demolition of any part thereof of the listed heritage sites and heritage zone/ precincts shall be allowed by BBMP/ BDA except with the prior clearance from the Heritage Committee.

ii. Provided that, only in exceptional cases involving public interest such as road widening or laying of utility lines etc, for reasons to be recorded in writing, the BBMP or BDA may refer the matter back to the Heritage Committee for Heritage Zones for reconsideration. The decision of the Heritage Committee for Heritage Zones after such reconsideration shall be final and binding.

iii. The present external building edge abutting the street must be retained. No new developments shall protrude beyond the already established building line of the heritage structures on that road. In case any special heritage feature exists in the buildings along the heritage precinct, the BBMP/ BDA on directions of the Heritage Committee for Heritage Zones may insist to retain a similar architectural feature including height restrictions, visual controls, if any, for the building seeking permission to match the surrounding architectural aesthetic.

iv. In the open space areas / parking areas specified as part of the heritage site, no additional building shall be permitted in the premises of the heritage site except under special circumstances, which shall be examined by the Heritage Committee on case-to-case basis.

v. The Heritage Committee may issue specific Urban Design Guidelines for different Heritage Zones, which shall become mandatory within the provisions of these Regulations.

vi. No public utilities or infrastructure (like flyovers, OHTs) shall be allowed within the zone, that will obstruct the vision or view of the Heritage Structure/ Precinct. Only absolutely necessary utilities and infrastructure may be allowed within the precinct that adheres to the character of the place, subject to the decision of the Heritage Committee.

B. Streetscape in Heritage Precincts

i. Streetscape elements and street furniture must take into consideration, the architectural character of the heritage sites within the heritage zones.

ii. The existing trees and important ecological elements shall be protected in the area, and any changes to them, must be cleared through the Heritage Committee for Heritage Zone.

iii. No surface parking to be allowed on the roads in these zones.

iv. Pedestrian/NMV streets shall be demarcated in the Heritage Zones thereby promoting easy access to the heritage sites.

i. No commercial hoardings, signboards except for the sign boards of the individual shops/ establishments along the precinct shall be allowed to be displayed in the precinct area and for the traffic route guide boards/ boards depicting about the heritage site at relevant points, norms for which may be defined by the Heritage Committee from time to time.

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Annexure -1:

Government Notification number UDD 283 BEMRUPRA 2015 dated 04 March 2017 titled Karnataka Town and Country Planning (Benefit of Development Rights) Rules, 2016

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VI No KARBIL/2001/47147

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མཐོང་ དཞྲུ་ མུབྱི་

Urban Development Secretariat

Notification

No. UDD 283 BEMRUPRA 2015, Bengaluru, Date: 04.03.2017

Whereas the draft of the Karnataka Town and Country Planning (Benefit of Development Rights) Rules. 2016 was published as required by sub section (1) of Section 74 of the Karnataka Town and Country Planning Act; 1961 (Karnataka Act 11 of 1963) in Notification No. UDD 283 BEMRUPRA 2015 dated 09 .02.2016 in Part IV-A of the Karnataka Gazette extraordinary Number 229 dated $9^{\text{th}}$ February 2016 inviting objections and suggestions from all persons likely to be affected thereby within thirty days from the date of its publication in the Official Gazette.

And whereas, the said Gazette was made available to the public on 9$^{th}$ February, 2016.

And whereas, objections or suggestions have been received and considered by the State Government:

Now, therefore, in exercise of the powers conferred by Section 74 and read with section 14B of the Karnataka Town and Country Planning Act, 1961, (Karnataka Act 11 of 1963), the Government of Karnataka hereby makes the following rules, namely.-

RULES

1. Title and commencement.- (1) These rules may be called the Karnataka Town and Country Planning (Benefit of Development Rights) Rules, 2016.

(2) They shall come into force from the date of their publication in the official Gazette.

2. Definitions.- (1) In these rules, unless the context otherwise requires.-

(a) 'Act' means the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963);

(b) 'Appellate Authority' means the Authority specified in rule 8;

(c) 'Appendix' means appendix to these rules;

(d) 'Authorized Building' means building for which approval has been obtained from the competent Authority;

(e) 'Form' means forms appended to these rules;

(f) 'Existing Building' means an approved building under construction or completed building on the date of commencement to these rules;

(g) 'Government' means the State Government.;

(h) 'Licensing Authority' means the Authority competent to approve the building plan;

(i) 'Market Value' means the value determined as per the guidance value of land in accordance with Section 45B of the Karnataka Stamp Act, 1957. The value of the plot for the land use as published under the Stamp Act, shall be considered.

(j) 'Originating Plot' means the plot in which Development Right originated due to surrender of 'Area'; and

(k) 'Receiving Plot' means the plot in which Development Right or Transfer of Development Rights is utilized

(2). The words and expressions used but not defined shall have the same meaning assigned them in the Act.

3. Notifying 'Area' for public purpose.- (1) In a Local Planning Area listed at Appendix-I if any Public Authority requires any "Area" for public purpose, it shall notify the same in Form-I stating the facts of the Area required by the authority specifying the limits of the Area along with the statement specifying the land which is required to be acquired in lieu of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and entitled to be granted Development Rights in the Official Gazette and in one or more newspapers circulating within the Local Planning Area as the Public Authority deems fit.

(2) The Public Authority intending to obtain Development Rights in favour of owners under sub-section (4) of Section 14B of the Act shall within six months from the date of notifying the 'Area' apply to the Planning authority in Form-II for Development Right Certificate with relevant documents such as, list of land owners who have given the option letter, ownership documents, photograph of the existing building etc., along with the Deposition Amount, where applicable, to the Planning Authority.

(3) The Planning Authority under sub-section (5) of section 14 B of the Act shall publish in Form -III within thirty days of remittance of Deposition Amount by the Public Authority the list of owners who have opted for Development Rights in lieu of monetary compensation inviting objections and suggestions from the public within a period of thirty days from the date of its publication in one or more daily newspapers circulated within the Local Planning area.

(4) The Planning Authority under sub-section (9) of section 14 B of the Act shall consider and verify the objections and suggestions received under sub-rule (3) above and inform the Public Authority the quantum of Development Rights that the owners are entitled to. The Public Authority shall obtain the registered relinquishment deed in Form-XII from the eligible land owners who have consented for Development Rights so offered after verifying the relevant documents as per Form-IV in favour of the Public Authority for issue of Development Right Certificate within fifteen days and intimate the same to the Planning Authority.

(5) On receipt of the information from the Public Authority having execution of relinquishment deeds from the eligible land owners, the Planning Authority shall grant the Development Rights in Form V through Public Authority within thirty days from the date of information received from the Public Authority. The details of the Development Rights so issued shall be uploaded on the website of the Planning Authority.

4. Terms and Conditions for grant of Development Rights.- (1) The Public Authority shall publish an annual programme for granting Development Rights for any public purpose as specified under sub section(1) of section 14B of the Act.

(2) Development Right Certificate or Transferable Development Rights shall be issued under the seal of the Planning Authority and under the signature of the Chief Executive Officer of the Planning Authority in Form V and VI respectively after due entry in the Development Rights Certificate register specified in Form-X

(3) The Development Right Certificate shall contain details of;

(a) extent of the land area surrendered by the land owner in square meter, dimensions of the Area surrendered showing the boundaries of the surrendered Area;

(b) extent of building area demolished or surrendered by the land owner in square meter;

(c) number of floors of the building area demolished or surrendered;

(d) type of construction of building area demolished or surrendered;

(e) address of the surrendered property including survey number or khatha number or ward number or PID number of the property and approved plan of such building;

(f) GPS co-ordinates of the surrendered property.

(g) land use of the surrendered property in the approved Master plan;

(h) notional land area credit in square meter of the land area surrendered in figures and words;

(i) notional land area credit in square meter of the building area surrendered in figures and words;

(j) total Development Rights credited: Notional land for surrendered land Area and Notional land for Building area surrendered;

(k) market value of the surrendered land;

(k) market value of the surrendered land; (l) valuation amount of the building area surrendered or demolished;

(m) photograph of the land owner signature and thumb impression;

(n) notification published in Form-I by the Public Authority; and

(a) notification published in Form-III by the Planning Authority. (o) notification published in Form-III by the Planning Authority.

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(4) The eligible additional floor area based on the Notional land may be utilized in the remaining portion of the original plot after surrendering the portion of land or building Area to the Public Authority, irrespective of the road width subject to the condition that the maximum additional Floor Area Ratio shall not exceed 0.6 times the ordinarily permissible Floor Area Ratio in the remaining plot

(5) The Development Right Certificate shall not be valid for use on receivable plot or plots abutting a road of less than 9 meters within the Local Planning Area.

(6) If the Notional land area is transferred to another plot, additional Floor Area Ratio of the receiving plot shall not exceed 0.60 times of ordinarily permissible Floor Area Ratio.

(7) Parking provision shall comply with the requirements of the Approved Zoning Regulations for the additional area to be utilized as Transferable Development Rights. (8) Setherbaum location

(8) Setback relaxation:

(a) In Originating plots

(i) With building below 15.0 m. height -In the originating plot where there is no option for increasing the setback area in case of loading of the Development Rights on the existing building, the available existing side and rear setbacks shall be considered as the permitted setback in case of the final height of the building is below 15.0 m. after loading of the development rights.

In case of road widening the available front setback shall be the permitted setback after road widening.

(ii) With building above 15.0m.- In case the height of the building is 15.0m and above, due to utilization of Development Rights on the existing building, setbacks shall be followed as under,-

(a) Relaxation in setback and coverage in the remaining plot after surrender shall not exceed beyond twenty five percent of the prescribed setback proportionate to the quantum of the Development Rights utilized as explained below;

Example:(1) Those who load maximum TDR (to achieve 60% of the permissible FAR) will get 25% relaxation in the overall setback prescribed in the Zonal Regulations.

Example:(2) Similarly, in the cases where, 75% of the allowed TDR is utilized, (75% of 0.6 times) then 75% out of 25% of the prescribed setback will be the relaxation in setback.

i.e., 0.75 (75% of the TDR loaded) X 25% (maximum relaxation of set

=0.75 X 25%

back relaxation allowed)

=18.75% of the overall setback as per Zonal Regulations.

Hence, for 75% loading of the allowed TDR, one can get 18.75% of relaxation in the overall setback. The setback relaxation can be calculated as per the above example for the different proportion (percentage) of TDR utilized.

(b) For buildings with 15 Meters and above height the No objection Certificate from Fire Force Department shall be produced.

(c) In case of Road widening the available front setback shall be treated as the permitted setback after road widening.

(iii) On vacant land: When the originating plot itself becomes the receiving plot the terms and conditions applicable to the plot size after deducting the surrendered area and the setback relaxation shall be as per sub-rule (8)(b).

(b) Transfer of Development Rights at Receiving Plots,-

(i) The Development Rights shall be utilized over and above the ordinarily permissible Floor Area Ratio at the receiving plot which is either vacant or has an existing building. In case if the applicant utilizes Floor Area Ratio less than the permissible Floor Area Ratio to avail the benefit of relaxation of set back by utilizing the Transferable Development Rights, in such cases the additional Floor Area Ratio shall be 0.6 times the actual Floor Area Ratio utilized within the permissible Floor Area Ratio.

(ii) Relaxation in setback and coverage may be permitted for the buildings in the receiving plots utilizing Transferable Development Rights and this relaxation shall be proportionate to the quantum of the Transferable Development rights utilized and in any case shall not exceed beyond twenty five percent of the prescribed setback as explained below:

Example:(1) Those who load maximum TDR (to achieve 60% of the permissible FAR) will get 25% relaxation in the overall setback prescribed in the ZC Regulations

Example:(2) Similarly in the cases where 75% of the allowed TDR is utilized (75% of 0.6 times) then 75% out of 25% of the prescribed setback will be the relaxation in setback

i.e., 0.75 (75% of the TDR loaded) X 25% (maximum relaxation of set back relaxation allowed)

=0.75 X 25%

=18.75% of the overall setback as per Zonal Regulations.

Hence, for 75% loading of the allowed TDR, one can get 18.75% of relaxation in the overall setback. The setback relaxation can be calculated as per the above example for the different proportion (percentage) of TDR utilized.

Note.- A Transferable Development Right when utilized in respect of an existing building, the existing all round setbacks shall be in compliance with the requirements for the additional Floor Area Ratio and the additional height of the building due to loading of Development Rights / Transferable Development Right.

(9) Development Rights of the originating plot shall be permitted to be utilized in any other receiving plot within the same Local Planning Area in which Development Rights is issued, as Transferable Development Rights as indicated in the illustrations appended to these rules by dividing the market value of the originating plot with the market value of the receiving plot based on the market value prevailing at the time of approval of the plan for the purpose of factorization on utilization of transferrable Development Rights.

(10) Whenever the remaining portion of the plot of land after surrender to the Authority is too small to construct any meaningful building, the owner if so desires can surrender the entire property to the Authority in lieu of the Development Rights Certificate.

(11) The application for utilization of Development Rights or Transferrable Development Rights shall be made to the concerned Planning Authority in FORM-VII along with the details of Land area. proposed plan and extent of Development Rights and Transferrable Development Rights intended to be utilized at the place of receiving plot.

(12) The Planning Authority on receipt of application for utilization of Development Rights or Transferrable Development Rights shall verify with reference to the plan, the entitlement of the applicant for utilization and the Planning Authority after verifying the details may issue utilization certificate in FORM-VIII after due entry in the Development Rights Certificate register and in the Transferrable Development Rights certificate or in the separate register in respect of Transferrable Development Rights issued before the date of commencement of the Karnataka Town and Country Planning (Amendment) Act, 2015.

(13) The Local Authority on receipt of utilization certificate from the Planning Authority shall approve the additional FAR by Utilization of Development Rights or Transferrable Development Rights.

(14) No Local Authority shall approve loading of additional FAR without production of Utilization Certificate issued by the Planning Authority.

(15) A Development Right Certificate shall not be valid for use on receiving plot in the area notified as such by Government.

(16) The utilization of Development Rights shall be in multiples of five sq. meters only except the last remainder.

(17) The Authority may reject or cancel the grant of Development Right Certificate in the following circumstances namely:-

(a) Where any dues are payable by the owner of the property to the State Government or Planning Authority or Local Authority prior to the date of handing over physical possession of the property to any such Public Authority. Planning Authority may grant and withhold issue of Development Right Certificate until all the dues of the State Government or the Planning Authority or Local Authority are paid by the owner;

(b) Where Development Rights Certificate is obtained by fraudulent means;

(c) Where there is a dispute on the title of the land, till the dispute is settled by a Competent Court; and

(d) Objections received from the general public and reviewed by the Authority.

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(18) The Local Authority shall decline to allow utilization of Development Rights (CUM) at the following situations, namely:

(a) Under direction from a competent court:

(b) Where the Local Authority has reason to believe that the Development Right Certificate or Transferable Development Right Certificate has been obtained by handulent me in

(c) Where the utilization application does not comply with the terms and conditions specified in these rules;

(d) Where the utilization application is not duly accompanied with Registered Transfer document signed by the transferor and transferee; and

(e) Where the utilization application is not duly accompanied by Development Right Certificate or Transferable Development Right Certificate in the name of transferee issued by the Planning Authority after due entry in the Development Rights Certificate Register.

(19) On full utilization of Development Right Certificate, the Development Right Certificate shall not be returned to the Development Right Certificate holders but shall be retained with the Planning Authority concerned after cancelling the same.

(20) In case of death of holders of Development Right Certificate, the Development Right Certificate shall be transferred only on production of “Will or Survivors Certificate or Inheritance Certificate or Heir ship Certificate” or succession certificate of letter of Administration and / or probate of a will wherever applicable. On production of aforesaid documents issued by the concerned Authorities, the names of the legal heirs shall be included in the Development Right Certificate.

(21) Where the Development Rights Certificate holder is a minor, no permission for transfer for utilization shall be considered unless the application is made by the guardian appointed by the Competent Court.

(22) If a holder of Development Right Certificate intends to transfer it to any other person, he shall submit the Development Rights Certificate along with the registered transfer documents signed by the transferor and transferee to the Planning Authority with an application in FORM-IX for issue of Transferable Development Rights for the new holders name, i.e., the transferee, on the said certificate. Without such endorsement by the Planning Authority the transfer shall not be valid and the Certificate shall be available for use only by the earlier original holder.

(23) Development Right Certificate which shall be as issued in FORM-IV shall be transferable only after due authentication and entry in Development Rights Certificate register by the Planning Authority.

(24) Development Right Certificate or Transferable Development Rights issued can be transferred for the whole extent or part thereof. In the FORM-VI of Transferable Development Rights for the whole extent or part thereof.

5. Maintenance of Register and Database for transaction of Development Rights.- The Planning Authority shall maintain a Register and Database as specified in FORM-X for all transactions of the Development Rights .The competent Authority approving building plans shall not approve the utilization of the Development Rights unless such entries are made in the register and database of the Planning Authority.

6. Maintain of Transferable Development Rights Fund.- (1) The amount collected by the Planning Authority as Deposition Amount and fee for issue or transfer or utilization of the Development Right Certificate shall be kept in a separate account called 'Transferable Development Rights Fund'.

(2) The Deposition Amount shall be shared by the Planning Authority and the respective Local Authority in the ratio of 50:50. If the Deposition Amount is received for the 'Area' falling within the jurisdiction of multiple Local Authorities, then the Planning Authority shall share the amount received, with the Local Authorities proportionate to the 'Area' falling within the jurisdiction of each such Local Authority after due approval from the Government.

(3) The Fee collected by the Planning Authority for issue or transfer or utilization of Development Rights and the Planning Authority's share of Deposition Amount shall be utilized for acquiring any 'Area' required by the Planning Authority for Public Purposes or for developing any 'Area' for Public Purpose as proposed in the approved Master plans, publications in Newspapers, Computerization and infrastructure for Transferable Development Rights transactions or for any other purposes with the prior approval of the State Government. Such fee shall not be utilized for the administrative expenses.

(4) The share of the Local Authority shall be utilized by Local Authority for the development purposes with the prior approval of the State Government.

7. Publication of Development Rights Transactions. The Planning Authority shall publish on the Notice Board and website of the Authority quarterly report of the total number Development Right Certificates issued, transferred and utilized stating the quantum of Development Rights in each case and the details of balance quantum of unutilized Development Rights available.

8. Appellate Authority.- (1) Any person aggrieved by any order of the Planning Authority in any Local Planning Area of the state except the Local Planning Area of Bengaluru may appeal to the jurisdictional Regional Commissioner. In case of Local Planning Area of Bengaluru, the Appellate Authority shall be the Government.

(2) The aggrieved person shall file an appeal within thirty days of receiving such order.

(3) The Appellate Authority shall dispose such appeals with the assistance of Additional Director or Joint Director of the respective Zonal or Divisional offices of the Department of Town and Country Planning, after giving an opportunity of being heard to the applicant, within ninety days of receiving such appeals. The decision of the Appellate Authority shall be final.

9. Development Rights Certificate issued prior to the commencement of the Karnataka Town and Country Planning (Amendment) Act 2015.- The following actions shall be taken for the Development Right Certificate issued prior to the commencement of the Karnataka Town and Country Planning (Amendment) Act, 2015, namely:-

(a) The Planning Authority shall collect all the details of Development Right Certificates issued, transferred and utilized within its jurisdiction, from the Local Authorities which have issued, transferred and utilized Development Right Certificates and after verifying the veracity of those certificates enter in separate register in Form XI maintained for this purpose.

(b) The development right certificates issued prior to the KTCP(Amendment) Act, 2015 shall be utilized under the existing rules as per the calculation illustrated as below;

10. Fee for registration of Development Rights transactions.- The Authority shall charge fee for issuing; transferring and utilizing Development Right Certificate as follows:-

(a) Issuing Development Right Certificate: Rs. 100/- shall be collected by Public Authority along with Development Rights option / consent letter from the owner of the property and remitted to the Planning Authority.

(b) Transferring Development Right Certificate: Rs. 5 per square meter subject to a minimum of Rs.500/- (shall be borne by the 'Transferee); and

(c) Utilizing Development Right Certificate: Rs. 500/- (In case of Development Right Certificate holder in the originating plot or receiving plot and as per the utilization certificate issued in FORM-VIII)

11. Audit of the transactions of the Development Right Certificates and Transferable Development Rights fund.- (1) The Additional Director of Town and Country Planning or Joint Director of Town and Country Planning of the respective Zonal or Divisional office and in the Bangalore Metropolitan Region, the Metropolitan Commissioner, Bangalore Metropolitan Region Development Authority shall audit all transactions pertaining to issue, transfer and utilization of Development Right Certificate within six months of close of every financial year.

(2) The Transferable Development Rights fund of the Authority shall be Audited by the State Accounts Department within six months of close of every financial year.

(3) The Authority shall send both the Audit reports along with compliance to the Government and the Government shall place the same before both the houses of the State Legislature.

12. Valuation of Building.- For the purpose of calculation of eligible notional land for having surrendered part or whole of Building area, following procedure shall be adopted,-

Eligible Notional Land in Valuation of built up area surrendered * m²= Market value of the originating plot per m²

* Valuation of Built up area as per the PWD norms.

•

ILLUSTRATION FOR ISSUE AND UTILIZATION OF DEVELOPMENT RIGHTS (see sub-rule (9) of rule 4)

Calculation of Notional land.
(h) Notional land for land area is under defined land area which is located.
Originating Plot in m- X 2

(ii) Notional Land for building area surrendered=

Valuation amount of the building area surrendered in the originating plot

Guidance value of the land in the originating plot per m²

(iii) Total “Notional Land”= “Notional land” for land area surrendered + “Notional land” for building area surrendered (1+2)

Market value of receiving plot Rs.3000/m²

• Land ‘A’ (originating plot) surrenders 100m². having a market value of Rs.3000/ m².

• Development Right Certificate issued to land 'A' (originating plot) for surrendering 100m²

$= 100\mathrm{m}^2$ x $2 = 200\mathrm{m}^2$ ("Notional land")

• Land 'B' (receiving plot) has a market value of Rs.1500/m².

• Factor to be multiplied to the Development Rights Development Rights of the originating plot, to derive Transferable Development Rights of the receiving plot

= Market value of originating plot = Rs.3000/m² = 2.0
Market value of receiving plot = Rs.1500/m²

• “Notional land” as Transferable Development Rights for land is receiving plotj will be
200 x 20 = 400m³

3. Utilization of Notional land.

The “Notional land” as Transferable Development Rights (for receiving plot B) shall be multiplied by the permissible Floor Area Ratio of Plot ‘B’ to arrive at the additional floor area of the receiving plot(Plot ‘B’) by using Transferable Development Rights. Such additional floor area shall be added to the permissible floor area of plot ‘B’ to derive the total floor area eligible for receiving plot (subject to the limitation of floor area of the receiving plot prescribed in these regulations)

Additional floor area in $m^{2}$ for the Notional land (Development Rights) = Factorized Notional land X Permissible Floor Area Ratio of the Development Rights Receiving plot.

Receiving Plot B: 9.0 mx 12.0 m=108 m² (Market value: Rs.1000/m²)

Land surrendered at Originating plot A = 100m²

Notional land granted=100 x 2=200 m²

Example: 1

Example 1 If Development Rights /Transferrable Development Rights is utilized in the remaining portion of the land surrendered

-

- Land A (originating plot) having an extent of 1000 m² with a permissible Floor Area Ratio of 175' surrenders 100 m² of land for which Development Rights of 200m² of Notional land is generated.

• If land 'A (originating plot) intends to use the Development Rights in the remaining portion (900m²) of the land, the total floor area of land 'A' (originating plot) shall be calculated as follows:

Permissible floor area of balance land of plot A. after surrendering $100m^{2}$ . In the remaining portion of $900m^{2}$ of land the Floor Area Ratio shall be $900 m^{2} \times 1.75 = 1575 m^{2}$ ---- (1)

At 0.6 times the allowable Floor Area Ratio to be utilized for Development Rights = 0.6X1.75=1.05......as per terms and condition no. (vii)

Additional floor area which may be utilized for Development Rights = 1.05X 900 = 945m² Notional land required = 945/1.75= 540 m²

Additional floor area by using Development Rights of 200 m² of Notional Land =200 m² X1.75= 350 m²---- (2)

Hence full Development Rights of $200\mathrm{m}^2$ may be utilized in the same originating plot.

Total floor area for the balance land of 900 m² of plot A = (1) + (2) - 1985 m².

$= (1) + (2) = 1925\mathrm{m}^2$

Example: 2.

If Development Rights is proposed to be utilized as Transferrable Development Rights in any eligible receivable plot other than the originating plot.

- If 'A' (originating plot) intends to sell the Development Rights Development Rights (200m$^{2}$ of Notional Land for surrendering 100 m$^{2}$ of land ) as Transferrable Development Rights to land 'B' (receiving plot) having an extent of 2000m$^{2}$ with a permissible Floor Area Ratio of 2.25 (market value of land 'A' is Rs.1500 /m$^{2}$ and of land 'B' is Rs.3000/m$^{2}$), the floor area of land 'B' (receiving plot) by using Transferrable Development Rights shall be calculated as follows:

Permissible floor area of plot 'B' = 2000 m² X2.25 4500 m² ……(1)

Factor to be multiplied to the “Notional Land” (Development Rights of the originating plot) 1500

= 3000 = 0.5

Factorized "Notional Land" available as Transferrable Development Rights for plot B (from the "Notional Land" of $200\mathrm{m}^2$ as Development Rights of plot A) = 0.5X200m²=100m²