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GOVERNMENT OF KARNATAKA

No. UDD 78 MNJ 2024 (E)

Karnataka Government Secretariat

Vikasa Soudha, Bengaluru

Dated: 04.01.2025

NOTIFICATION-1

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 with respect to premium FAR in the zonal regulations of

Revised Master Plan-2015 of the Local Planning Area of Bangalore approved by the

State Government vide Government Order no, UDD 540 BEM AA SE 2004, Dated:

22.06.2007.

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, Bangalore 560001, within thirty days of this

publication. Objections / suggestions received after the stipulated date will not be

considered by the State Government.

DRAFT REGULATIONS

Insertion of Chapter 11: In the zonal regulations of the approved Revised

Master Plan-2015 of the Local Planning Area of Bengaluru in force, after Chapter

10, the following chapter 11 may be inserted namely;

CHAPTER – 11: PREMIUM F.A.R GRANTED BY LEVY OF PREMIUM CHARGES.

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.

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BENGALURU, SATURDAY, 04, JANUARY, 2025 PUSHYA, 14, SHAKAVARSHA, 1946)

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No. 04

The maximum additional FAR available for utilization for development of

additional area in any property by purchase of Premium FAR 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 FAR, the Premium FAR shall be

utilized along with the DRCs/TDRs issued under section 14B, as per table

given below:

Table No.27

Areas as defined

by the Road

Width where

Premium FAR

may be issued

(m)

Maximum

permissible

additional F.A.R

for a property for

which Premium

F.A.R by levy of

charges is granted

How

the

maximum

allowed

additional FAR in Col (2) should be

availed as shown below

Maximum

additional F.A.R

via Premium

F.A.R which may

be granted by

levy of charges

The additional

F.A.R which may

be availed using

D.R.C / T.D.R

alongwith the

Premium FAR

(1)

(2)

(3)

(4)

>9, <=12

0.2

NIL

>12,

<=18

0.4

0.3

0.1

>18

0.6

0.4

0.2

 Entries in column (2), (3) and (4) are in multiples of permissible FAR.

 NOTE: If Premium FAR is used for a property then as per above table the

maximum permissible additional FAR 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.

The format for application and utilisation of the Premium F.A.R granted by

levy of premium charges shall be in the prescribed format.

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.

Premium FAR charges -

The guidance value of the developed site on the same plot & put to

same use as intended to be built using Premium FAR, shall be taken

as the base value.

ii.

Premium FAR charges shall be 50% of the guidance value of the

additional notional sital area. Provided that Premium FAR charges 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 FAR is

sought

10000 sq.m

Latest Guidance Value of the Developed site at

Plot as per Notification u/s 45B of Karnataka

Stamp Act 1957

Rs.5000 per sq.m

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)

No. Of Extra Floors desired by the developer (for

illustration purpose)

Additional Built-Up Area to be constructed

through Premium F.A.R

10000 sq.m

Additional F.A.R Area required as Premium F.A.R

(Notional Area)

10000 sq.m/2.5=4000

sq.m

Premium FAR as ratio of the otherwise allowed

FAR = 10000/25000=40%

0.4

Premium FAR as % age of Permissible FAR (this is

within allowed limits of Premium FAR as per table

in Regulation 2 above)

40%

Value of the Notional Land for additional 10000

sq.m to be constructed using Premium FAR =

4000 x GV of Developed Land

4000 sq.m x 5000 =

Rs.2,00,00,000/-

Premium F.A.R charges = 50% of GV of the

Notional Land (4000 sq.m)

50% of 2,00,00,000/-

= Rs.1,00,00,000/-

Per square meter rate of the additional 10000

sq.m built up area = Premium FAR charges @ 50%

divided by 10000

1,00,00,000/-/10,000

= Rs.1000 per sq.m

Lower Floor Cap for per sq meter cost of additional

10000 sq.m @ 25% of the GV Rate of the Notional

Land)

28% of 5000 =

Rs.1400 per sq.m

Final Price for additional built up area of 10000

sq.m @ Rs.1400 per sq.m

Rs.1400 per sq.m x

10000 sq.m

Rs.1,40,00,000/-

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.

The Guidance Value of land at building site shall not be taken from the

Guidance Value of Agricultural or Converted Undeveloped land.

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

FAR.

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 FAR

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 FAR, 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.

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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THAMMAIAH

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Date: 2025.01.06 17:53:26 +05'30'