BDA inspects builders seeking plan modifications in Bengaluru
In a move aimed at protecting the interests of flat owners in apartment complexes, the Bangalore Development Authority (BDA) has issued a detailed circular laying down strict rules for approval of revised building plans after issuance of occupancy certificate (OC).
The BDA has made it clear that no revised building plan can be approved after the floor area allowable ratio (FAR) is fully utilized and the occupancy certificate is issued for the entire project. Once the final OC is granted, builders permanently lose the right to request modifications to the approved building plan.
In cases where only a partial occupancy certificate has been issued and the permissible FAR remains unused, builders may request adjustments. However, the original residential areas, parks, open spaces and areas of civic amenities listed in the first approved plan cannot be changed.
Third Party Rights
The circular further mandates that where third-party rights have already been created by the sale of flats, builders must obtain the consent of at least two-thirds of the buyers before seeking any modification to utilize the remaining FAR.
Modified plans are not allowed unless…
The permissible FAR was fully utilized
All Occupancy Certificates (OCs) have been issued.
Key terms
The original sital area cannot be changed
Parks, open spaces and areas of civic amenities cannot be changed for construction
Free land that is not intended for future development cannot be used
Two-thirds consent of the apartment owners is mandatory if the apartments have already been sold
Balance of FAR and TDR can be used only if future development is mentioned in sale deeds/contracts
Additional construction should not change the Undivided Share (UDS) of the apartment owners
Once the final OC is issued, the builder permanently loses the right to request approval of the amended building plans
The circular is likely to put an end to developers illegally using the increased FAR to construct more buildings to earn extra profits. For example, Aleem, a resident of Kanakapura Road, said his apartment complex was built in 2003 and the OC was issued in 2006. The undivided shares were also transferred subsequently. However, with the metro expansion, the FAR in the area has increased significantly. “The developer got a revised approved plan from the BDA and constructed another building on the same land,” he said.
The construction was allegedly approved without obtaining the mandatory consent of at least two-thirds of the flat owners as required under the Karnataka Ownership Flats Act, 1972 (KOFA) and the Real Estate (Regulation and Development) Act, 2016 (RERA).
Mandatory NIGHT
The BDA has also directed that any future use of the balance of FAR, Transferable Development Rights (TDR) or Premium FAR must be specifically mentioned in the sale agreements or deeds executed by the developer. Additional construction will also require mandatory No Objection Certificates (NOCs) and approvals from all relevant authorities.
To ensure the rights of flat owners, the authority has clarified that any further construction carried out using the balance of FAR or TDR should not change the undivided share (UDS) of the plots belonging to the buyers.
The circular also states that vacant land that was not earmarked for future development in the original approved plan cannot be taken into account while approving revised plans. Furthermore, when processing such applications, the spatial planning and engineering section must verify whether any part of the project has already received approval.
Integrated platform
To streamline approvals and eliminate communication gaps between departments, BDA proposed the development of an integrated software platform linking the departments of urban planning and engineering. The Enterprise Resource Planning (ERP) system is to be developed within six months and implemented from April 1, 2027.
The office also set a deadline of 90 days to process applications submitted to the planning and engineering departments, with officials either approving or rejecting them within the specified time.
Published – 23 Jul 2026 06:01 IST