After a wait of nearly three years, the state government on Monday framed new rules for the TDR (transfer of developmental rights) by withdrawing its older policy.
Earlier, the Bruhat Bengaluru Mahanagara Palike was entitled to issue the TDR certificates, but now, according to the new rules, the Bangalore Development Authority (BDA) is entitled to issue them to property owners whose properties would be used for road widening purpose or for any other development activity. Now the land owners will receive twice the area of land surrendered in lieu of monetary compensation as development right; and one time the building area surrendered as estimated by the value of the building and divided by the market value of the land.
According to new rules, those who load maximum TDR to achieve 60 per cent of the permissible FAR will get 25 per cent relaxation in the overall setback prescribed in the zonal regulations. Similarly, in the cases where, 75 per cent of the allowed TDR is utilized then 75 per cent out of 25 per cent of the prescribed setback will be relaxation in setback. Hence for 75 per cent loading of the allowed TDR, one can get 18.75 per cent of relaxation in the overall setback.
As per the new rules, a copy of which is available with Bangalore Mirror, the eligible additional floor area, based on the notional land, may be utilised in the remaining portion of the original plot after surrendering the portion of land or building area to the public authority. That would be irrespective of the road width, subject to the condition that the maximum additional floor area ratio (FAR) shall not exceed 0.6 times the ordinarily permissible FAR in the remaining plot.
The DRC (development rights certificate) shall not be valid for use on receivable plot abutting a road of less than nine metres within the local planning area. Further, if the notional land area is transferred to another plot, additional floor area ration of the receiving plot shall not exceed 0.6 times that of ordinarily permissible FAR. Parking provision shall comply with the requirements of the approved zoning regulation for the additional area to be utilized as TDR, it added.
The new rules have a definition for setback relaxation – with building below 15 metres in height – in the originating plot where there is no option for increasing the setback area in case of loading of the DRC on the existing building, the available existing side and rear setbacks shall be considered as the permitted setback in case of the final height of the building is below 15 metre after loading the DRC. In case of road widening, the available front setback shall be permitted setback after road widening.
With building above 15 metres high, due to utilization of DRC on the existing building, setbacks shall be followed – relaxation in setback and coverage in the remaining plot after surrender shall not exceed beyond twenty five percent of the prescribed setback proportionate to the quantum of the DRC utilised. For building with 15 metres and above in height the no-objection certificate (NOC) from the fire department shall be produced, the rules said.
However, on vacant land, when the originating plot itself becomes the receiving plot, the terms and condition applicable to the plot’s size will be after deducting the surrendered area. This will be applicable in all other ten corporations of the state, too.
Credits Banglore Mirror