BENGALURU: When the new transferable development rights (TDR) policy takes effect in Bengaluru and 10 other municipal corporations across the state in about a month, it is expected to remove a major irritant that had bothered residents in commercial and upscale residential areas: lack of clarity on the setback.
Setback refers to the minimum distance a builder is required to maintain between a building and road or other neighbouring structures. For the past 10 years, the government has taken the TDR route to make land acquisition simple and cost-effective. TDR refers to the grant of additional built-up area to a landowner in return for land taken from him for a public project. TDR is transferable too.
The previous TDR policy , which came into force from 2006-07, had led builders to freely interpret the setback ratio, inconveniencing neighbours in many cases. Some people had even approached the Lokayukta requesting intervention.
“The earlier rule often seemed to affect those who built structures complying with the building bye-laws. Keeping this in mind, we have suitably modified the regulation,” Town and Country Planning Director BM Tirakana Goudara told ET. “We are trying to ensure the TDR does not lead to horizontal violations.The proposed policy will benefit users and the neighbours,” he added.
The users of TDRs – which are also called development right certificates -used to make generous use of the setback allowances on the ground floor itself. The proposed rule, the draft of which was notified last month, links setback provisions to the height of the building. For example, in a building of height of more than 15 metres, the builder has to leave a setback of 1 metre on each floor. If he wishes to use a TDR in such buildings, then the builder is required to leave only half-a-meter setback on every floor.
The draft policy uses examples to clarify how a builder should apply TDR and this removes any scope for interpretation, said Shanthappa Honnur, a former town planning director. The old policy provided for use of development right to the extent of 1.5 times the land surrendered. The proposed policy seeks to increase this to two times. While the old policy limited the benefit only against the land acquired, the new regulation takes into consideration the building demolished and compensates for it with a piece of notional land.