Relaxation in permissible deviation limit aimed at helping over 3 lakh properties stuck without OCs

The proposal to relax the permissible deviation limit in building constructions from the existing 5% to 15% within the Greater Bengaluru Area is aimed at providing relief to lakhs of properties stuck without Occupancy Certificates (OCs), without which they are not able to get utility service connections like power and water. 

Around 3 to 3.5 lakh properties in Bengaluru are said to be stuck without getting an OC due to deviation beyond 5% from the sanctioned plan, following a December, 2024 Supreme Court order which mandated OC for utility service connections. The relaxation now proposed, while it will bring in additional revenue to the civic bodies, will help clear a big chunk of properties now stuck for OCs, sources said. At least 40% of these properties will benefit from the relaxation, sources in the GBA said. 

New deviation limits and penalty 

The draft of the Bengaluru City Corporation Building (Amendment) Bye-laws, 2026, notified on April 1, increases the maximum deviation allowed in total set back to 15% in all buildings. However, on any one side the deviation must not exceed half of the required set back measured linearly. 

It also allows deviation in Floor Area Ratio – 15% in buildings of height below 15 m in plots of extent up to 500 sqm and 5% in of height above 15 m in plots of extent above 500 sqm. 

Wherever the setback deviation allowed amounts to FAR area deviation in excess of the condonable limits, such FAR area may be sanctioned by utilizing Premium FAR or TDR. FAR deviation is not shall not be applicable for buildings which have utilized additional FAR (TDR/Premium FAR) or are eligible for utilization of additional FAR. Deviation of FAR area in such buildings shall be condoned by utilizing TDR/Premium FAR, the notification says. 

While it allows deviation in the height of the building by 7.5% across all categories, it bars regularisation of any additional floors. 

Penalty as a function of guidance value 

Earlier, deviations up to 5% were regularised with a penalty calculated based on construction cost, sources said. However, as per the new notification, it will be calculated as a function of the Guidance Value of the plot. This fee across categories will vary between 3% and 10% for residential buildings and 6% and 12% for non-residential buildings. The penalty will be calculated for only the deviation area being regularised. Further, the notification said that the compounding fee shall be levied for the total area of ‘deviation in FAR’ or ‘total covered area of setback infringement in all floors’, whichever is higher. 

GBA is collecting 5% of the guidance value of the B khata plot being regularised and awarded an A Khata. Regularisation of deviations will also now be calculated as a function of guidance value. This is expected to bring in additional revenue to the corporations, though there has been no estimate at the city level. 

Opposed 

However, civic activists who have been fighting the Akrama-Sakrama scheme since its introduction, have opposed the proposal on relaxation of the permissible limit of deviation from sanctioned plan as well. 

“Under the Akrama-Sakrama scheme, the government proposed to regularise up to 50% of the deviation, which has been stayed by the apex court in 2017. Now the GBA has proposed to relax the deviation from 5% to 15%, a step towards the proposed 50% in the Akrama-Sakrama scheme. Any regularisation of violations, will only further encourage people to violate norms, with a confidence that they will be regularised post-facto at a later date. This is also unfair for rule-abiding citizens,” said N. S. Mukunda, of Bengaluru Praja Vedike, one of the petitioners against Akrama-Sakrama scheme.