Bengaluru: In good news for apartment dwellers, Bangalore Development Authority (BDA) has effectively imposed curbs on approving revised building plans after occupancy certificates (OC) are issued.A circular issued by BDA on July 15 mandates consent from at least two-thirds of apartment owners before any modification is approved where third-party rights have been created and bars revised sanctions in projects where the permissible Floor Area Ratio (FAR) has already been exhausted.A senior official told TOI that BDA was giving the revised master plan for builders. Now with this circular, BDA has made it clear that no such plans can be issued.The order has come in response to the ongoing legal battle involving residents of HM Tambourine, a 241-unit apartment complex in south Bengaluru, who had challenged a modified sanction plan approved by BDA in 2016.The apartment complex was constructed in 2003 and received its occupancy certificate in 2006. According to residents, all flat purchasers acquired an undivided share in the entire 3-acre-18-gunta property through registered sale deeds, making them co-owners of the land. A decade later, the developer secured approval from BDA for construction of an additional building within the same property through a modified sanction plan.Residents have alleged that the approval was granted without obtaining the mandatory consent of apartment owners as required under Karnataka Ownership Flats Act (KOFA), 1972, and Real Estate (Regulation and Development) Act (RERA), 2016. They contended that the revised development was proposed on land already conveyed to apartment owners and involved utilisation of development potential and FAR that rightfully belonged to them.The matter is currently before Karnataka high court. Residents have sought quashing of the modified sanction plan.Resident welfare associations and apartment owner groups said the circular provides greater clarity on the rights of flat owners. They hoped that it will further strengthen the legal framework and provide lasting protection to apartment owners across Karnataka.Abdul Aleem, a resident of HM Tambourine and a member of Change-Makers of Kanakpura, told TOI, “Builders have, for decades, exploited loopholes in outdated property laws, leaving homebuyers at the receiving end. The existing legal framework does not provide a clear and effective mechanism for transferring land rights in apartment projects after completion. As a result, some developers continue to misuse these gaps by mortgaging land already conveyed to apartment owners, constructing additional towers on existing apartment premises, and unlawfully utilizing the development rights that rightfully belong to the flat owners.”
