Chapter 3Jurisdiction, Applicability and Procedural Requirements for Obtaining Building Licence

3.1 Jurisdiction of Building Bye Laws.- These Building Bye-Laws shall apply to the building activity in the State for all Municipalities in the State.

3.2 Applicability of Building Bye Laws.- These building byelaws shall be applicable to all building activities undertaken by private or Government agencies and read in conjunction with the Master plan /Metropolitan development plan or any other statutory plan in force, if any, and notifications, if any, with regard to the same and as amended from time to time and these building bye-laws may be reviewed after five years. Till such time the reviewed building byelaws are notified, these building byelaws will continue to be in force.

3.3 Applicability of Bye-Laws for all types of building developments.- Except hereinafter or otherwise provided, these Bye-Laws shall apply to all development, redevelopment, erection and/or re-erection of a building whether temporary or permanent as well as to the design, construction of, or reconstruction and additions and alterations to a building.

3.4 Applicability of Bye-Laws for Part construction.- Where the whole or part of a building is demolished or altered or reconstructed, except where otherwise specifically stipulated, these Building Bye-Laws shall apply only to the extent of the work involved.

3.5 Change of use or occupancy.- Where use of a building is changed, except where otherwise specifically stipulated, these Building Bye-Laws shall apply to all parts of the building affected by the change.

3.6.1 Damp Site.- Wherever the dampness of a site or the nature of the soil renders such precautions necessary, the ground surface of the site between the walls of any building erected thereon shall be rendered damp-proof to the satisfaction of the Authority

3.6.2 Minimum Size of Site.- The minimum size of sites for the construction of different types of building or different use groups shall be in accordance with provisions of the Zonal Regulations of the Master Plan.

3.6.3 Sanction for Building Sites.- The Building sites shall have sanction under Section 17 of Karnataka Town and Country Planning Act,1961 from the Planning Authority, wherever Local Planning Area is declared and from the jurisdictional officer of the Department of Town and Country

Planning wherever Local Planning Areas not declared, before sanction is accorded under these Byelaws.

3.6.4 Restrictions on use of land for construction of buildings.- No piece of land shall be used as a site for the construction of buildings under the following circumstances

(a) if the site is not drained properly or is incapable of being well drained;

(b) if the Authority considers that the site is insanitary or it is dangerous to construct a building on it;

(c) if the building is proposed on any area filled up with filthy and offensive matter without a certificate from the Health Officer and Municipal Engineer to the effect that it is fit to be built upon from health and sanitary point of view;

(d) if the owner of the land has not shown to the satisfaction of the Authority that all the measures required to safeguard the construction from constantly getting damp are being taken; and

(e) if it violates any provisions of Section 17 of Karnataka Town and Country Planning Act,1961 or any provisions of Zonal Regulations

Note: If the proposed use of the building on the plot does not conform to the land use proposals of the Master plan or Zonal Regulations, permission from the Planning Authority for the change of land use has to be furnished.

3.7 Reconstruction.- Permission under these byelaws shall not be given for reconstruction in whole or part of a building which has ceased to operate due to fire, natural collapse or demolition having been declared unsafe, or which is likely to be demolished by or under an order of the Authority as the case may be and for which the necessary certificate has been given by the Authority.

3.8 Existing approved building.- Nothing in these Bye-Laws shall require the removal, alteration or abandonment nor prevent continuance of the lawfully established use or occupancy of an existing approved building unless, in the opinion of the Authority such a building is unsafe or constitutes a hazard to the safety of adjacent property or to the occupants of the building itself.

3.9.1Building Licence.- No person shall erect, re-erect or make addition/ alterations in any building or cause the same to be done without, first obtaining a separate building license for each such building from the Authority

3.9.2Building Licence obtained before these bye-laws.- Where any building licence which has been issued by the Authority before the commencement of these Building Byelaws and where construction is in progress and has not been completed within the specified period from the date of such licence, the said permission shall be deemed to be sanctioned under these Bye-Laws and shall only be eligible for payment of validation extension fee there under. Accordingly, where the validity of sanction has expired and construction has not commenced, construction shall be governed by the provisions of these Building Byelaws and building licence has to be obtained as per these Building Byelaws:

Provided that, if the building construction could not commence due to the orders of any competent court of law, the construction may be permitted to commence as per the licensed plan, within three months of clearance obtained from the court.

3.10.1 Registration of Stake Holders .- The following Stake Holders involved in the development activities in the ULB shall register themselves with the Authority, as per the procedure prescribed in Appendix-I

(a) Promoters/ Developers who intend to undertake developments within the jurisdiction of the Authority;

(b) Professionals for preparing plans and details for obtaining sanction from the Authority (as detailed in Appendix-II) and NOCs from different departments (as detailed in Appendix-IV), referred as professionals for drawings;

(c) Professionals who intend to supervise the implementation of various components specified in the plans sanctioned by the Authority, referred as professionals for supervision;

(d) Professionals who are empanelled by the Authority (as detailed in Appendix-I) to certify the constructions / implementations as per the provisions of the approved plans and also to sanction building plans as notified by the Government; and

(e) Contractors or Agencies implementing major components of the developments.

3.10.2 Application for building plan approval.- Every person (Owner or his authorised representative, including Promoter / Developer) who intends to erect, re-erect or make alteration in any place in a building or demolish any building, shall apply in Form-I along with the required

documents (as detailed in Appendix-VI) and payment of necessary fees (as detailed in Appendix-VII) along with all the drawings and details for obtaining building licence prepared by the professionals on record for drawings (as detailed in Appendix- II). The Applicant shall submit Common application containing details of Form-I andForm-II, if applicable, for obtaining the required NOCs, along with the drawings and details for obtaining NOCs from other departments as applicable (as detailed in Appendix-IV) and payment of necessary fees (as detailed in Appendix-VII).

3.10.3 Verification of documents submitted.- The CEO of the Authority shall verify the documents submitted along with the application and if found in order, will accept the application. In case of any discrepancy, an endorsement shall be issued in Form-III to the applicant stating the discrepancy and the applicant may rectify the same and resubmit to the Authority.

3.10.4 Evaluation of Technical details submitted:

(1) If the application is accepted after finding that the documents submitted along with the application are in order, the TPO of the Authority or the empanelled professional or the designated officer notified by the Government shall evaluate the Technical drawing and details submitted by the Applicant, for compliance with the provisions of the Master plan, ZR and Bye-laws and compliance of the conditions incorporated for obtaining NOCs from different departments and submit the evaluation report to the CEO of the Authority, with noting of discrepancy, if any. The CEO shall approve the evaluation report with or without accepting the noting of discrepancy.

(2) In case the noting of discrepancy is accepted by the CEO an endorsement shall be issued in Form-IV to the applicant stating the discrepancy and the concerned professionals on record for drawings may rectify the same and resubmit to the Authority.

3.10.5 Forwarding details to obtain NOCs and issuing NOCs:

(1) If the Technical drawing and details submitted are complying with the provisions of the Zonal Regulations (ZR) of the Master plan, and the requirements for obtaining NOCs from different departments, the CEO of the Authority shall forward the application, technical drawings and details submitted for NOCs to the concerned departments stating the timelines within which the NOCs have to be issued, (as detailed in Appendix-VIII), failing which the NOCs would be deemed to have been issued.

(2) All the respective departments shall verify the drawing and details submitted along with the application of the NOC and if found in order shall issue NOC within the timelines specified in Appendix-VIII, with or without site inspection, as required and forward the NOC to the Authority.

(3) In case of any discrepancy, the concerned department shall issue endorsement to the applicant stating the discrepancy and the concerned professionals on record for preparing the plans for NOC may rectify the same and resubmit to the concerned Department.

3.10.6 Submission of Site Inspection Report

(1) If the Technical drawings and details submitted are accepted by the CEO, CEO of the Authority shall select the Empanelled professional (based on the qualification and competence notified by the Government and the procedure specified in Appendix-V) and inform the Empanelled professional in Form-V to inspect the site and submit Site Inspection Report for approval of site plan.

(2) On receipt of intimation from the Authority, the selected Empanelled professional shall inspect the site and submit site inspection report (as detailed in Appendix-IX) in Form-VI to the Authority, with noting of discrepancy, if any. The CEO of the Authority shall approve the site inspection report.

3.10.7 Action in case of discrepancy in site inspection report..- If the noting of discrepancy in the Site Inspection Report submitted by the Empanelled professional is accepted by the CEO, an endorsement in Form-VII to the applicant stating the discrepancy and the concerned professionals on record for drawings may rectify the same and resubmit to the Authority. The TPO of the Authority shall verify the resubmitted drawings and details for compliance of the noting of discrepancy accepted by the CEO and forward the same to the CEO and the CEO shall accept the same.

3.10.8 Sanctioning of Building Licence

(1) On receipt of all the required NOCs from the concerned departments, or deemed NOCs issued by the Authority (in case NOCs are not issued by the concerned departments within the timelines specified in Appendix-VIII) and all the technical drawings and details accepted by the Authority and the Site Inspection Report being consistent with the details submitted by the applicant, the CEO of the Authority shall sanction the Building Licence within the timelines specified in Appendix-VIII.

(2) The Authority shall intimate the Applicant to pay the required fees (as specified in Appendix-VII for the various NOCs as well as the Building Licence.

(3) The CEO of the Authority shall issue the various NOCs received from the concerned departments and sanction building licence after receiving the required fees from the Applicant.

(1) All Building plans submitted to the authority shall be prepared as per the Jurisdictional the Zonal Regulations of the Master Jurisdictional Master Plan Section 17 of Karnataka Town and Country Planning Act,1961 , Building Bye-laws and the conditions of the various NOCs required for the building.

(2) The drawings and details have to be submitted for the different types of buildings (B1, B2, B3, B4 and B5 Buildings) as follows;

3.11.1 Key Plan (For all types of Buildings.- The key plan to be submitted along with the application shall be the related portion of the approved road map of the Authority on which the plot (on which Building sanction is applied for) is located (As detailed in Appendix-IIA).

3.11.2 Site Plan (For all types of Buildings): (As detailed in Appendix-IIB)

3.11.3 Floor Plan of parking areas (For all types of Buildings) (As detailed in Appendix-II C)

3.11.4 Floor Plan of other uses (For all types of Buildings) (As detailed in Appendix-II D)

3.11.5 Sections of buildings (For all types of Buildings) (As detailed in Appendix-II E)

3.11.6 Elevations of buildings (For all types of Buildings) (As detailed in Appendix-II F)

3.11.7 Drawings for all services provided

(a) Electrical system including energy saving measures and use of renewable energy (For B3, B4 and B5 Buildings) (As detailed in Appendix II-Ga)

(b) Water supply system including water conservation measures(For B3, B4 and B5 Buildings) (As detailed in Appendix II-Gb)

(c) Rain water harvesting and ground water recharging systems(For all types of Buildings) (As detailed in Appendix II-Gc)

(d) Sewerage system including STP and usage of treated water (For all types of Buildings specified in Table11.1) (As detailed in Appendix II-Gd)

(e) High Voltage Air Conditioner (HVAC) System (For B2, B3, B4 and B5 Buildings wherever centralised HVAC system are proposed) (As detailed in Appendix II-Ge)

3.11.8 Landscape plan (Buildings for which Table 15.1, 15.2 and 15.3 are applicable) (As detailed in Appendix-II-H)

3.11.9 Circulation Plan indicating vehicular and pedestrian movement and parking facilities including traffic impact study and report (Buildings for which Table 15.2 and 15.3 are applicable) (As detailed in Appendix-II-I)

3.11.10 Structural Drawings and details (For B2, B3, B4 and B5 Buildings) (As detailed in Appendix-II-J)

3.11.11 Green Building drawings and details (Buildings for which Table 11.1 is applicable) (As detailed in Appendix-II-K)

3.12.1 Signing the Building Plans.- All plans for submission to the Authority shall be signed by the owner(s) and by the Competent professionals on record (to prepare the required plans for sanction) for the building

3.12.2 Signing of plans for NOC.- All plans for submission to different departments for NOC shall be signed by the owner(s) and by the competent professionals on record (to prepare the required plans for NOCs) for the construction project.

3.13 Alteration / Modification / Addition in Plans.- The concerned professional on record for preparing the particular plan which has to be altered, modified or added, shall make the necessary changes and submit to the Authority as detailed in Clause 3.15.5 with joint validation of applicant along with an application in Form-I and payment of required fees.

3.13.1 Alterations exempted from obtaining building licence.- No building licence is necessary for the following alterations, which do not otherwise violate any provisions regarding general building requirements, structural stability and fire safety requirements of these Bye-Laws;

(a) Plastering and patch repairs;

(b) Re-roofing or renewals of roof including roof of intermediate floors at the same height;

(c) Flooring and re-flooring;

(d) Opening and closing of windows, ventilators and doors not opening towards other properties and / or public road/property;

(e) Replacing fallen bricks, stones, pillars, beams etc.

(f) Construction or re-construction of sunshade not more than 75cm in width within one’s land and not overhanging over a public street;

(g) Construction or re-construction of parapet not more than 1.5m in height and also construction or re-construction of boundary wall as permissible under these Bye-Laws;

(h) White-washing, painting, etc. including erection of false ceiling in any floor at the permissible clear height provided the false ceiling in no way can be put to use as a loft etc.;

(i) Reconstruction of portions of buildings damaged by storm, rains, fire, earthquake or any other natural calamity to the same extent and specification as existed prior to the damage provided the use conforms to provisions of Master Plan/Zonal Regulations;

(j) Erection or re-erection of internal partitions (within the specific premise) provided the same are within the purview of the Bye-Laws.

3.14 Fees for sanction of Building licence.- Every person intending to construct or reconstruct or alter any building shall pay to the Authority fund, the various fees prescribed in Appendix-VII. The Authority or the Government shall prescribe the rate of fees, time to time.

3.15.1 Sanction by the Authority.- The Authority shall sanction the building plan by signing the Building Licence in Form-VIII and the drawings.

3.15.2 Sanction by Empanelled Professionals.- Competent Professionals empanelled with the Authority, shall be authorized to issue building licence as notified by the Government

3.15.3 Grant of Licence or Refusal

(a) The Authority shall either sanction or refuse sanction to the plans and specifications or may sanction them with such modification or directions as it may deem necessary as per these Byelaws.

(b) In case where the building scheme requires the clearance of an Urban Art Commission, if constituted for the city then the Authority shall issue the building license only after getting the clearance from the Urban Art Commission.

(c) The licence shall be issued by the Authority for the different types of buildings within the timelines prescribed in Appendix-VIII, failing which the sanction shall be deemed to have been accorded, provided that the failure to sanction the licence by the Authority within the timelines is immediately brought to the notice of the Authority in writing by the person who has applied for licence. On receiving such intimation from the applicant, if the CEO fails to issue the licence within seven days, the licence shall be deemed to have been sanctioned and issued by the Authority. In such an event, the applicant shall submit an affidavit and undertaking to the Authority stating that drawings and details submitted by him for obtaining licence are prepared as per the provisions of the Zonal Regulations of the jurisdictional Master plan, and these Building Byelaws and all other applicable laws, including those related to NOCs issued for the project and he would execute the works as per such drawings and details submitted and the applicable laws and he shall be responsible for any violations or deviations. Nothing shall be construed to authorize any person to do anything in contravention or against the terms of the lease or title of the land or against any regulations, Bye-Laws or ordinance operating at the time of execution of the work at site.

(d) It is further clarified that:

(i) The above provision of deemed sanction shall be applicable only in those cases where the building plan are in conformity with the Master Plan/Zonal Regulations/Byelaws/ Section 17 of Karnataka Town and Country Planning Act,1961 .

(ii) No application under Clause3.10.2 shall be valid unless the information required by the Authority under these Bye-Laws or any further information which may be required has been furnished to the satisfaction of the Authority and

(iii) The Owner/ Competent Professional on record (for drawings and supervision) and the Empanelled professionals certifying the works at site shall be fully responsible for any violation of Master Plan/Zonal Regulations/ Building Bye-Laws/Section 17 of Karnataka Town and Country Planning Act,1961 / Conditions of various NOCs issued, etc. In case of any default they shall be liable for action as per the provisions of Rules framed under Section 73 and Section 76 FFF of Karnataka Town and Country Planning Act,1961. Any construction so raised shall be liable for action as per the provisions of Rules framed under Section 76 F of Karnataka Town and Country Planning Act,1961.

3.15.4 Duration of Sanction, Revalidation and revised Sanction

(1) Once a building license is sanctioned, the duration of Sanction, revalidation and revised sanction shall be as prescribed in Appendix-X;

Provided that, if the construction is not completed within the timelines prescribed in Appendix-X, the applicant shall pay the required fee as prescribed in Appendix-VII for extension of validation of licence.

(2) The project shall be completed within the timelines prescribed in Appendix-X. The validity period of sanction shall be extended as specified in Appendix-X in case of additions / alterations proposed in the project or for any other reason specifically mentioned. If multiple blocks / buildings are proposed in the sanctioned plan, a schedule of executing the blocks in sequence has to be specified and the timelines for completing each of the multiple blocks shall be permitted accordingly as specified in Appendix-X.

(3)If the Applicant intends to avail extension for the validity period of the sanction, he shall make an application stating the reason for not completing the project within the validity period and the validity of sanction shall be extended for one year after paying the fees for extension of validation as prescribed in Appendix-VII.

(4) If the building is not completed within the period of revalidation, he may avail further extension of the validity period after repeating the procedure specified in clause 3.15.4(3).

(5)Revalidation shall not be permitted if the construction has not commenced within period of two years from the date of sanction. In such cases the Applicant has to apply for revised sanction as per the Master Plan / Zonal Regulation and Building Bye-laws as in force at the time of application of revised sanction.

3.15.5 Revised Licence.- The Applicant has to apply for revised building licence if the Applicant intents to make changes resulting in more than 5% deviation from the sanctioned plans in any or all of the following, but within the provisions of the Zonal Regulations, Section 17 of Karnataka Town and Country Planning Act,1961 , and these Byelaws;

(i) Setbacks;

(ii) Coverage;

(iii) FAR; and

(iv) Car parking

If the deviations upto 5% for the above-mentioned parameters is made during the time of construction, the applicant and the professional on record for supervision has to intimate the Authority.

The Authority shall follow the same procedure as that of issuing new licence for issuing revised licence after collecting the fees as prescribed in Appendix VII

If the revised licence is applied during the execution of work of the building for which revised licence is applied, then construction of the portion of the building for which revised licence is sought for, shall not be commenced unless the revised licence is issued by the Authority.

3.15.6 Revocation of Licence.- The Authority shall revoke any building licence issued under the provisions of these Bye-Laws, wherever there has been any false statement, misrepresentation of material facts in the application on which the building licence was based or if during construction it is found that the Owner has violated any of the provisions of these Building Bye-Laws or sanctioned plan or compoundable limits. Fresh sanction of building plans and occupancy certificate shall be taken from the Authority after bringing the building within the framework of Master Plan/ Zonal Regulations/Building Bye-Laws.