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 guidelines for approving modified building plans after the issuance of Occupancy Certificates (OCs).
The BDA has made it clear that no modified building plan can be sanctioned once the permissible Floor Area Ratio (FAR) has been fully utilised and an Occupancy Certificate has been issued for the entire project. Once the final OC is granted, builders will permanently lose the right to seek modifications to the sanctioned building plan.
In cases where only a partial occupancy certificate has been issued, and permissible FAR remains unutilised, builders may seek modifications. However, the original sital area, parks, open spaces, and civic amenity areas shown in the first sanctioned plan cannot be altered.
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The circular further mandates that if third-party rights have already been created through the sale of flats, builders must obtain the consent of at least two-thirds of the purchasers before seeking any modification to utilise the remaining FAR.
The circular will likely put an end to developers illegally using increased FAR to construct additional buildings for extra profits. For instance, Aleem, a resident of Kanakapura Road, said that his apartment complex was constructed in 2003, and the OC was issued in 2006. The undivided shares were also transferred subsequently. However, with the expansion of the Metro, the FAR in the area increased significantly. “The developer obtained a modified sanctioned plan from the BDA, and constructed an additional building on the same land,” he said.
The construction was allegedly approved without obtaining the mandatory consent of at least two-thirds of the apartment owners, as required under the Karnataka Ownership Flats Act, 1972 (KOFA), and the Real Estate (Regulation and Development) Act, 2016 (RERA).
The BDA has also directed that any future utilisation of balance FAR, Transferable Development Rights (TDR), or Premium FAR must have been explicitly disclosed in the sale agreements or deeds executed by the developer. Additional construction will also require mandatory No Objection Certificates (NOCs) and approvals from all competent authorities.
To safeguard flat owners’ rights, the authority has specified that any additional construction undertaken by utilising balance FAR or TDR should not alter the undivided share (UDS) of land belonging to purchasers.
The circular also states that vacant land not earmarked for future development in the original sanctioned plan cannot be considered while approving modified plans. Further, while processing such applications, the town planning and engineering sections must verify whether any part of the project has already received an occupancy certificate.
To streamline approvals and eliminate communication gaps between departments, the BDA has proposed developing an integrated software platform linking the Town Planning and Engineering Sections. An Enterprise Resource Planning (ERP) system is to be developed within six months and implemented from April 1, 2027.
The authority has also fixed a timeline of 90 days for disposing of applications submitted to the town planning and engineering sections, requiring officials to either approve or reject them within the stipulated period.
Published - July 23, 2026 06:01 am IST