Karnataka Amends Model Building Bye-Laws for Deviation Regularization

The Government of Karnataka has issued the Karnataka Municipal Corporations Model Building (Amendment) Bye-Laws, 2025, and the Karnataka Municipalities Model Building (Amendment) Bye-Laws, 2025, through two separate notifications dated October 29, 2025. These delegated legislations introduce significant changes to the existing Model Building Bye-Laws of 2017, primarily by substituting Bye-law 3.15.5 to establish a framework for sanctioning modified building plans and regularizing certain construction deviations. The amendments came into force from the date of their publication in the Official Gazette. The State Government had previously published draft amendments on July 23, 2025, inviting objections and suggestions from the public, which were subsequently examined before the final notifications were issued.

The core of the amendment lies in providing a mechanism for applicants to seek approval for modified building plans. This is permissible if an applicant intends to make changes resulting in more than fifteen percent (15%) deviation from sanctioned plans in aspects such as setbacks (the minimum distance a building must be set back from a property line), coverage (the percentage of the plot area covered by the building), or building height without increasing the number of floors, subject to approval from the Karnataka State Fire and Emergency Services (KSFES) for high-rise buildings. Additionally, changes resulting in more than five percent (5%) deviation from sanctioned plans in Floor Area Ratio (FAR – the ratio of a building's total floor area to the size of the land it is built on) and car parking provisions also necessitate an application for modified plan approval. The new bye-laws also address deviations that occur during the course of construction. If such deviations, up to 15% for setbacks, coverage, and height (without increasing floors, with KSFES approval for high-rises), or up to 5% for FAR and car parking, arise due to errors in setting out the building's orientation on site or other unavoidable site conditions, the applicant and the professional supervising the construction are required to intimate the Authority. These deviations may then be regularized by the Commissioner after sanctioning the modified plan, recording the deviations, and levying the prescribed fees. The legislation provided: “Provided regularization of deviations under this provision are not applicable to the buildings which are constructed without obtaining any sanctioned plan whatsoever and also the deviations which are made inspite of the same being specifically deleted or rejected in the sanctioned plan.” This crucial proviso clarifies that the regularization mechanism is not a blanket amnesty for unauthorized construction but applies only to specific deviations from an already sanctioned plan.

The legislative intent behind these amendments is to address practical challenges faced during building construction while maintaining regulatory control and ensuring public safety. The previous statutory framework, specifically Bye-law 3.15.5 of the 2017 Model Building Bye-Laws, was found to have gaps regarding the formal process for handling minor, unavoidable deviations that occur post-sanctioning of plans. These amendments aim to provide a clear legal pathway for such deviations, preventing arbitrary actions and offering a structured approach for their resolution. By allowing for the regularization of specific deviations under defined conditions and after due process, including intimation to the authority and payment of fees, the government seeks to streamline the construction process and reduce instances of non-compliance arising from minor, unintentional errors. The amendments introduce new obligations for applicants and professionals to intimate authorities about deviations and establish enforcement mechanisms through the Commissioner's power to regularize and levy fees. These changes are applicable across all areas governed by Municipal Corporations and Municipalities in Karnataka, impacting builders, developers, property owners, and urban planning authorities.

Keywords: Karnataka, Building Bye-Laws, Municipal Corporations, Municipalities, Building Deviation, Regularization, Construction, Urban Development, Model Building Bye-Laws, 2025

Geo Tags: India, Karnataka District: Not Applicable