Deviation from approved construction plan - Encroachment

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spiderman
Posts: 63
Joined: January 13th, 2013, 1:33 am

Deviation from approved construction plan - Encroachment

Post by spiderman »

Hi All,
I see in all over BTM,

1. people have not left the space for their neighbors as prescribed by BBMP, doesn't BBMP folks trouble these people? I want to understand how does it work ? Do BBMP people keep asking for bribe on a regular interval like monthly or yearly , or its just one time, when they come to inspect after construction ?

2. I also see 80-90% houses in BTM make use of 3 feet of footpath as their garage space by putting |__| shape gates, i.e. 'L' shape gate and they occupy like 3-4 feet space on the footpath/gutter.
for this BBMP guys wont trouble for rest of their life and keep asking for bribe always ? or its just one time affair.

I am looking for answers from those who have experience directly or indirectly (through some friends/relative).
superman
Posts: 1
Joined: January 17th, 2013, 11:36 pm

Re: Deviation from approved construction plan - Encroachment

Post by superman »

and how much one need to bribe them?
girishd
Posts: 238
Joined: May 22nd, 2012, 8:29 am

Re: Deviation from approved construction plan - Encroachment

Post by girishd »

Spiderman,

I know that this topic will have folks arguing on both sides and there is no end to this debate.

Here is my take:
For my house I realized that there is no way I can satisfy all BBMP rules and have the house I want. So I made following decision:
1. NEVER EVER violate the setback, height & FAR rules! I am leaving 2 meters on left and right side, 4m on front side and almost 6-8 meters on back side. I can probably do this because my site is 60x80
2. BBMP unfortunately has some very disgusting rules for parking. I had no option but to take basement parking. The basement ramp angle they have prescribed is practically not possible to follow. The 1:8 ramp means, I have to leave 36-40 feet for ramp. It will be a holy waste of space and of course I am will violate this one.
3. Then there is a BESCOM stupid rule that once area crosses 500sq.m, a transformer has to be installed in the premises. When I heard this, I was shocked! "I mean - come-on guys, I am not running a factory here. This is just one house with one kitchen and 5 member family staying in it.." The AEE of my area told me that there is an exception to this rule and he can probably apply it when it comes to giving permanent connection. Right now I have no choice but to show a transformer on BBMP plan :(

On your next question of how often or one has to ever bribe:
My agent says that BBMP will not come after you alone because pretty much everyone violates from the original plan. Recently I read a news article that says BBMP will levy a fine as per the deviation you have and it might be something you will have to pay every year like a tax - until you correct the deviation.

I am yet to meet a Mahapurush who has constructed 100% according to all byelaws. I think even BBMP folks, corporators, politicians, IAS officers... themselves will have violated the laws in their own house!
The only real problem in deviating from the plan is that one will not get Completion Certificate from BBMP - which may be required if you plan to sell the constructed property.

I may be wrong in my thinking but this is my conclusion after 3 months of torrid time trying to follow all the rules and come up with a plan.
spiderman
Posts: 63
Joined: January 13th, 2013, 1:33 am

Re: Deviation from approved construction plan - Encroachment

Post by spiderman »

Thanks for responding Girish.
girishd wrote: 3. Then there is a BESCOM stupid rule that once area crosses 500sq.m, a transformer has to be installed in the premises. When I heard this, I was shocked! "I mean - come-on guys, I am not running a factory here. This is just one house with one kitchen and 5 member family staying in it.." The AEE of my area told me that there is an exception to this rule and he can probably apply it when it comes to giving permanent connection. Right now I have no choice but to show a transformer on BBMP plan :(
Oh my god, I am also shocked to know that.

girishd wrote: Recently I read a news article that says BBMP will levy a fine as per the deviation you have and it might be something you will have to pay every year like a tax - until you correct the deviation..


i am fine to pay taxes legally for the same if its like 2-5K per annum, will have to search about it.
girishd wrote: I am yet to meet a Mahapurush who has constructed 100% according to all byelaws. I think even BBMP folks, corporators, politicians, IAS officers... themselves will have violated the laws in their own house!
ha ha ha that's true.
girishd wrote: The only real problem in deviating from the plan is that one will not get Completion Certificate from BBMP - which may be required if you plan to sell the constructed property.
So does it mean 80+% houses in bangalore dont have completion certificate?
So is it like for construction plan approval you need to bribe them 20-30-40K and again for completion certificate you need to bribe them?
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