LEGAL CHAT
Matters relating to high-rise buildings
N.C.S. RAGHAVANARVIND RAGHAVAN
Since highrise buildings in Bangalore are very much in the news, this article is the first in the series on legal aspects related to rights and interests in property development and high-rise buildings.
A large number of high-rise buildings, residential and commercial, are being constructed in Bangalore. The State Government has brought in legislative measures to regulate and legalise the rights, interests and titles of various persons occupying different flats/apartments in the same building complex and has also evolved zoning regulations under the Comprehensive Development Plan 2015 of Bangalore.
Zonal regulations and Floor Area Ratio (FAR): The main point to be noted is that the total built-up area that can be constructed on a particular land is calculated on the basis of a concept called the FAR. i.e., Floor Area Ratio (also known as FSI i.e., Floor Space Index in other States). FAR under the CDP 2015 is the maximum permissible buildable area in a given plot.
It is the ratio of total built-up area (including balconies, sit-outs) above plinth to the plot area.
If the area of the land is 30,000 sq. ft. and the FAR is 3, then the constructed built-up area will be 3 x 30,000 = i.e., 90,000 sq. ft. Built-up areas such as staircases, common areas and balconies are now part of the FAR under the CDP 2015.
The built-up area of the flat/apartment together with the share of common areas relatable to the flat/apartment is known as the ‘super built-up area’ and the prices for flats/apartments are normally quoted in terms of such area only.
The FAR is fixed under the aforesaid regulations based on the following broad factors.
Land use zone
The land use zone in which the land is situated i.e., in any one of the following categories of the zones:
Residential (Main); Residential (Mixed).
Commercial (Central); Commercial (Business).
Mutation Corridors; Commercial Axes; Industrial (General); Industrial (Hi-Tech); Public and Semi-Public (P&SP).
Traffic and Transportation (T&T); Public Utilities (PU); Park and Open Space (P); Agricultural Land (AG); Unclassified (UC).
The width of the road facing the land.
The type of the building, whether residential, commercial, partly residential and partly commercial.
Restrictions relating to the height of the building, setbacks, etc.
Other normal building regulations as per the by-laws of the Corporation of the City of Bangalore or other competent statutory authorities concerned.
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