The Bangalore Development Authority (BDA) has implemented new stringent guidelines to prevent developers from making arbitrary modifications to building plans after a project's occupancy certificate (OC) has been issued. This significant move, effective from a circular issued on July 15, 2026, aims to protect the rights and interests of apartment owners who often face alterations to sanctioned plans without their consent. The BDA has explicitly stated that no modified building plan will be approved if the permissible Floor Area Ratio (FAR) has been fully utilized and a final OC has been granted for the entire project. This means builders will permanently lose the right to seek modifications once the project is fully completed and certified.
However, in cases where only a partial OC has been issued and some FAR remains unutilized, builders may still seek modifications. These modifications are subject to strict conditions: the original site area, parks, open spaces, and civic amenity areas depicted in the initial sanctioned plan cannot be altered. Crucially, if third-party rights have been established through the sale of flats, developers must secure the consent of at least two-thirds of the apartment purchasers before proposing any changes or additional construction. Furthermore, any future utilization of remaining FAR, Transferable Development Rights (TDR), or Premium FAR must be explicitly disclosed in the sale agreements or deeds executed with buyers. The circular also mandates obtaining all necessary No Objection Certificates (NOCs) from competent authorities for any additional construction. These measures, partly influenced by an interim order from the Karnataka High Court in a dispute involving the HM Tambourine Apartment Owners Association, seek to bring greater transparency and accountability to urban development in Bengaluru, thereby strengthening the legal framework for apartment owners across the state.
