Apartment owners in Bengaluru have received a major relief after the Bangalore Development Authority (BDA) introduced stricter rules for approving changes in completed housing projects.
The new guidelines aim to protect flat owners from unauthorised modifications by developers after an apartment project has already received an Occupancy Certificate (OC).
Under the new rules, developers will not be able to easily make changes to completed apartment projects without involving existing residents and getting their approval.
Two-Thirds Consent Required for Project Modifications
According to a BDA circular issued on July 15, any revised approval for projects where third-party rights have already been created will require the consent of at least two-thirds of apartment owners.
The new order also states that revised building approvals will not be allowed in projects where the permitted Floor Area Ratio (FAR) has already been fully used.
FAR determines how much construction is allowed on a particular piece of land.
The move is expected to stop developers from seeking additional construction permissions after all development rights have already been utilised.
A senior BDA official said that earlier, revised plans were sometimes issued for builders, but the latest guidelines clearly prevent such approvals once the available construction potential has been exhausted.
Decision Comes After HM Tambourine Apartment Dispute
The BDA’s decision follows a legal dispute involving residents of HM Tambourine, a 241-flat apartment complex in south Bengaluru.
The project was completed in 2003 and received its Occupancy Certificate in 2006. Residents claimed that flat buyers had purchased an undivided share in the entire 3-acre-18-gunta property through registered sale deeds, making them co-owners of the land.
However, years later, the developer received approval in 2016 through a modified sanction plan to construct an additional building within the same property.
Residents challenged this approval, claiming that the construction was planned on land that already belonged to apartment owners.
Residents Raise Concerns Over Additional Construction
Apartment owners alleged that the modified sanction plan was approved without taking the required consent of residents under the Karnataka Ownership Flats Act (KOFA), 1972 and the Real Estate (Regulation and Development) Act (RERA), 2016.
They argued that the developer was using development rights and FAR that should belong to the existing flat owners.
The matter is currently being heard by the Karnataka High Court, where residents have requested cancellation of the modified sanction plan.
Apartment Associations Welcome BDA’s New Rules
Resident welfare associations and apartment owner groups have welcomed the new BDA guidelines, saying they provide stronger protection for homeowners.
They believe the rules will help prevent developers from taking decisions affecting completed apartment projects without considering the rights of residents.
Residents also said the new guidelines could help fix long-standing issues in apartment ownership laws and reduce disputes between builders and flat owners.
New Rules May Strengthen Homebuyer Protection
Residents have highlighted that gaps in existing property laws have often created problems for apartment owners.
Abdul Aleem, a resident of HM Tambourine and member of Change-Makers of Kanakapura, said some developers have continued to exploit these gaps by using land rights, taking additional construction approvals and creating new structures within existing apartment complexes.
The latest BDA circular is expected to bring more transparency and security for Bengaluru apartment owners by ensuring that future changes in completed projects cannot happen without protecting the interests of existing residents.
