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Part – IVA BENGALURU, SATURDAY, 04, JANUARY, 2025 PUSHYA, 14, SHAKAVARSHA, 1946)
No.
06
GOVERNMENT OF KARNATAKA
No. UDD 78 MNJ 2024(E) Karnataka Government Secretariat
Vikasa Soudha, Bengaluru
Dated :04.01.2025
NOTIFICATION-III
In exercise of the powers conferred under Section 13-E of Karnataka Town
and Country Planning Act, 1961, the Government of Karnataka proposes to make
certain amendments in the zonal regulations of approved Master Plan of the Local
Planning Area of Anekal, Kanakapura, Ramanagara, Channapatna, Magadi,
Nelamangala, Bengaluru International Airport Area and Hosakote with respect to
premium F.A.R.
Any objections or suggestions from the public on this amendment may be
addressed to the Additional Chief Secretary to Government, Urban Development
Department, Vikasa Soudha, Bengaluru 560001, within thirty days of this
publication. Objections / suggestions received after the stipulated date will not be
considered by the State Government.
DRAFT REGULATIONS
In the zonal regulations of the approved Master Plan in force of the local
planning area of Anekal, Kanakapura, Ramanagara, Channapatna, Magadi,
Nelamangala, Bengaluru International Airport Area and Hosakote, the following
new chapter may be inserted, namely:
CHAPTER: PREMIUM F.A.R GRANTED BY LEVY OF PREMIUM CHARGES.
1. The Premium F.A.R by levy of premium charges is the additional F.A.R
granted over and above the ordinarily permissible F.A.R, on the basis of levy
of premium charges by the Authority who accords permission for
development of building or land under section 15 of the Karnataka Town &
Country Planning Act, 1961, and in the areas as specified under Clause 2
below.
(1)2
2. The maximum additional F.A.R available for utilization for development of
additional area in any property by purchase of Premium F.A.R shall be not
more than the maximum extent given in the table below and only on such
roads and areas as given in table below. Provided further that in order to
utilize the full extent of the additional F.A.R the Premium F.A.R shall be
utilized along with the DRCs/TDRs issued under section 14B, as per table
given below:
Table
Areas as defined Maximum How the maximum allowed
by the Road permissible additional F.A.R in Col (2) should be
Width where additional F.A.R availed as shown below
Premium F.A.R for a property for Maximum The additional
may be issued which Premium additional F.A.R F.A.R which may
(m) F.A.R by levy of via Premium be availed using
charges is granted F.A.R which may D.R.C / T.D.R
be granted by alongwith the
levy of charges Premium F.A.R
(1) (2) (3) (4)
>9, <=12 0.2 0.2 NIL
>12,
0.4 0.3 0.1
<=18
>18 0.6 0.4 0.2
Entries in column (2), (3) and (4) are in multiples of permissible F.A.R.
NOTE: If Premium F.A.R is used for a property then as per above table
the maximum permissible additional F.A.R shall be as per Col (2) and the
said maximum additional F.A.R should be taken subject to maximum
limit on Premium F.A.R and anything more than that should be utilized
from the D.R.C/T.D.R.
3. The format for application and utilisation of the Premium F.A.R granted by
levy of premium charges shall be in the prescribed format.
4. The Premium F.A.R granted by levy of premium charges, not exceeding
limits as specified in point 2, may be allowed at the building site abutting
road width of more than 9m.
5. Premium F.A.R charges -
i. The guidance value of the developed site on the same plot & put to
same use as intended to be built using Premium F.A.R shall be taken
as the base value.
ii. Premium F.A.R charges shall be 50% of the guidance value of the
additional notional sital area. Provided that Premium F.A.R charges3
per square meter of the additional area built shall not be less than 28%
of the rate of the said Guidance Value for per square meter.
Illustration
Particulars
Area of the site / Plot where Premium F.A.R is 10000 sq.m
sought
Latest Guidance Value of the Developed site at Rs.5000 per sq.m
Plot as per Notification u/s 45B of Karnataka
Stamp Act 1957
Coverage Allowed on each Floor (say) 50%
Area of Each Floor = Plot Area x 50% 5000 sq.m
Allowable F.A.R 2.5
Allowable total Built Up Area (Permissible F.A.R) 10000x2.5=25000sq.m
Permissible number of floors (25000/5000) 5
No. Of Extra Floors desired by the developer (for 2
illustration purpose)
Additional Built-Up Area to be constructed 10000 sq.m
through Premium F.A.R
Additional F.A.R Area required as Premium F.A.R 10000 sq.m/2.5=4000
(Notional Area) sq.m
Premium F.A.R as ratio of the otherwise allowed 0.4
F.A.R = 10000/25000=40%
Premium F.A.R as % age of Permissible F.A.R (this 40%
is within allowed limits of Premium F.A.R as per
table in Regulation 2 above)
Value of the Notional Land for additional 10000 4000 sq.m x 5000 =
sq.m to be constructed using Premium F.A.R = Rs.2,00,00,000/-
4000 x GV of Developed Land
Premium F.A.R charges = 50% of GV of the 50% of 2,00,00,000/-
Notional Land (4000 sq.m) = Rs.1,00,00,000/-
Per square meter rate of the additional 10000 1,00,00,000/-/10,000
sq.m built up area = Premium F.A.R charges @ = Rs.1000 per sq.m
50% divided by 10000
Lower Floor Cap for per sq meter cost of additional 28% of 5000 =
10000 sq.m @ 25% of the GV Rate of the Notional Rs.1400 per sq.m
Land)
Final Price for additional built up area of 10000 Rs.1400 per sq.m x
sq.m @ Rs.1400 per sq.m 10000 sq.m
Rs.1,40,00,000/-
6. The Guidance Value at building site shall be latest developed site rates as
on the date of issue of Utilisation Certificate for the Premium F.A.R granted
by levy of premium charges and for the use that the property is put to or
sought to be put to and as published in the Gazette Notification by the
Government of Karnataka under the Karnataka Stamp Act 1957.
7. The Guidance Value of land at building site shall not be taken from the
Guidance Value of Agricultural or Converted Undeveloped land.4
8. The cost of construction prescribed in the Notification under section 45B of
the Karnataka Stamp Act 1957 shall be used for the purpose of calculating
the value of the additional building being constructed through Premium
F.A.R.
9. In case of 2 or more abutting roads at building site, the highest Guidance
Value provided to a road abutting the building site shall be considered for
levying premium charges for grant of the Premium F.A.R.
10. The Certificate of the Premium F.A.R granted by levy of premium charges
shall be issued subject to free of cost relinquishment of area reserved for
public utility and Master Plan Roads overlapping at Building Site and other
provisions of the Karnataka Town & Country Planning Act, 1961, to the
Planning Authority or Urban Local Bodies who issues the Premium F.A.R
Certificate. In case of any dispute regarding any of above, by the Developer,
the Chief Executive Officer of the Planning Authority or Urban Local Body,
which is issuing the Premium F.A.R reserves the full right to not to allow
any release of plan and certificate of Premium F.A.R grantable by levy of
premium charges.
11. Certificate for Premium F.A.R granted by levy of premium charges shall be
surrendered to the authority sanctioning or approving the development plan
under section 15 of the KTCP Act, 1961, before the release of plan sanction
of the Building on which Premium F.A.R is loaded.
12. Premium F.A.R shall not be transferrable and must be utilised only at the
building site for which it is issued.
13. Premium F.A.R granted by levy of premium charges if left unutilised with a
Developer or a Purchaser due to any reason whatsoever shall not be
transferred or reimbursed by the authority which issued it.
14. Premium F.A.R granted after levy of premium charges may be renewed by
the authority which issued it or is authorized to issue it, in case of expiry of
license period after taking sanction of Plan, subject to payment of revised
Premium F.A.R charges as may be applicable on the date of renewal.
15. Developed Site Guidance Value for the land and Building Cost for the
building at building site based on location and type of use, as on the date
of issue of Certificate for Premium F.A.R shall be applicable for levying
Premium charges for grant of Premium F.A.R. Any increase in the Guidance
Value of land or the building cost, at building site after the date of
application of Building Plan and before the release of Certificate shall be
passed on to the Developer/Applicant.
16. In case of subsequent modification of plan or change of land use, the
difference of premium charges for grant of Premium F.A.R shall be levied
and recovered from the Developer/Applicant at the time of issuance of
modified plan.R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
Licensed to post without prepayment WPP No. 297
5
17. Accounting for the Premium F.A.R granted on the basis of levy of premium
charges shall be maintained by the Authority which issued it.
18. Transfer of the Certificate of Premium F.A.R granted by levy of premium
charges from one site/property to another shall not be allowed for any
reason whatsoever.
19. The premium charges levied for the grant of Premium F.A.R shall be non-
refundable in case of cancellation of Building Plan.
20. Setback relaxation for the utilisation of Premium F.A.R granted by levy of
premium charges shall be same as what is applicable in the existing rules
for utilisation of the D.R.C/T.D.R.
21. The premium charges collected by grant of premium floor area ratio shall
be deposited in a separate head of account and shall vest solely with the
Authority which issued it and the same shall be utilized only for the
purposes of land acquisition and public infrastructure and the development
of public infrastructure within the jurisdiction of the said Authority; and
shall not be utilized, inter-alia, for repairs, maintenance and miscellaneous
works at any time.
22. The transfer of funds from the corpus of premium charges levied for grant
of Premium F.A.R for infrastructure development within the jurisdiction to
any other separate Authority or SPV or Development Agency shall be as per
order, either specific or a general policy, of the Government.
23. All appeals with respect to grant of Premium F.A.R by levy of premium
charges by the authorized Authority shall lie with Additional Chief
Secretary, Urban Development Department, Government of Karnataka,
whose decision shall be final.
24. Undervaluation of premium charges leviable for grant of Certificate of
Premium F.A.R shall be a cognizable offence similar to defalcation of public
funds illegally from the Government Treasury and liable for action for Theft
and Criminal Breach of Trust by Public Servants as punishable under
Prevention of Corruption Act and the Bharathiya Nyaya Samhita (BNS). If
proved, an amount equal to double the amount of undervaluation shall be
recovered from the public servants concerned who are jointly and severally
liable without prejudice to any other criminal and departmental proceeding
that may be undertaken.
By Order and in the name of the
Governor of Karnataka
(RAJESH S SULIKERI),
Under Secretary to Government
(BDA & B’lore-1)
Urban Development Department.
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