(1) The Public Authority shall publish an annual programme for granting Development Rights for any public purpose as specified under sub section(1) of section 14B of the Act.
(2) Development Right Certificate or Transferable Development Rights shall be issued under the seal of the Planning Authority and under the signature of the Chief Executive Officer of the Planning Authority in Form V and VI respectively after due entry in the Development Rights Certificate register specified in Form-X
(3) The Development Right Certificate shall contain details of;
(a) extent of the land area surrendered by the land owner in square meter, dimensions of the Area surrendered showing the boundaries of the surrendered Area;
(b) extent of building area demolished or surrendered by the land owner in square meter;
(c) number of floors of the building area demolished or surrendered;
(d) type of construction of building area demolished or surrendered;
(e) address of the surrendered property including survey number or khatha number or ward number or PID number of the property and approved plan of such building;
(f) GPS co-ordinates of the surrendered property.
(g) land use of the surrendered property in the approved Master plan;
(h) notional land area credit in square meter of the land area surrendered in figures and words;
(i) notional land area credit in square meter of the building area surrendered in figures and words;
(j) total Development Rights credited: Notional land for surrendered land Area and Notional land for Building area surrendered;
(k) market value of the surrendered land;
(l) valuation amount of the building area surrendered or demolished;
(m) photograph of the land owner signature and thumb impression;
(n) notification published in Form-I by the Public Authority; and
(o) notification published in Form-III by the Planning Authority.
(4) The eligible additional floor area based on the Notional land may be utilized in the remaining portion of the original plot after surrendering the portion of land or building Area to the Public Authority, irrespective of the road width subject to the condition that the maximum additional Floor Area Ratio shall not exceed 0.6 times the ordinarily permissible Floor Area Ratio in the remaining plot.
(5) The Development Right Certificate shall not be valid for use on receivable plot or plots abutting a road of less than 9 meters within the Local Planning Area.
(6) If the Notional land area is transferred to another plot, additional Floor Area Ratio of the receiving plot shall not exceed 0.60 times of ordinarily permissible Floor Area Ratio.
(7) Parking provision shall comply with the requirements of the Approved Zoning Regulations for the additional area to be utilized as Transferable Development Rights.
(8) Setback relaxation:
(a) In Originating plots 3
(i) With building below 15.0 m. height -In the originating plot where there is no option for increasing the setback area in case of loading of the Development Rights 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 15.0 m. after loading of the development rights.
In case of road widening the available front setback shall be the permitted setback after road widening.
(ii) With building above 15.0m.- In case the height of the building is 15.0m and above, due to utilization of Development Rights on the existing building, setbacks shall be followed as under,-
(a) 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 Development Rights utilized as explained below;
Example:(1) Those who load maximum TDR (to achieve 60% of the permissible FAR) will get 25% relaxation in the overall setback prescribed in the Zonal Regulations.
Example:(2) Similarly, in the cases where, 75% of the allowed TDR is utilized, (75% of 0.6 times) then 75% out of 25% of the prescribed setback will be the relaxation in setback.
i.e., 0.75 (75% of the TDR loaded) X 25% (maximum relaxation of set back relaxation allowed) =0.75 X 25% =18.75% of the overall setback as per Zonal Regulations.
Hence, for 75% loading of the allowed TDR, one can get 18.75%of relaxation in the overall setback. The setback relaxation can be calculated as per the above example for the different proportion (percentage) of TDR utilized.
(b) For buildings with 15 Meters and above height the No objection Certificate from Fire Force Department shall be produced.
(c) In case of Road widening the available front setback shall be treated as the permitted setback after road widening.
(iii) On vacant land: When the originating plot itself becomes the receiving plot the terms and conditions applicable to the plot size after deducting the surrendered area and the setback relaxation shall be as per sub-rule (8)(b).
(b) Transfer of Development Rights at Receiving Plots,-
(i) The Development Rights shall be utilized over and above the ordinarily permissible Floor Area Ratio at the receiving plot which is either vacant or has an existing building. In case if the applicant utilizes Floor Area Ratio less than the permissible Floor Area Ratio to avail the benefit of relaxation of set back by utilizing the Transferable Development Rights, in such cases the additional Floor Area Ratio shall be 0.6 times the actual Floor Area Ratio utilized within the permissible Floor Area Ratio.
(ii) Relaxation in setback and coverage may be permitted for the buildings in the receiving plots utilizing Transferable Development Rights and this relaxation shall be proportionate to the quantum of the Transferable Development rights utilized and in any case shall not exceed beyond twenty five percent of the prescribed setback as explained below:
Example:(1) Those who load maximum TDR (to achieve 60% of the permissible FAR) will get 25% relaxation in the overall setback prescribed in the Zonal Regulations.
Example:(2) Similarly, in the cases where, 75% of the allowed TDR is utilized, (75% of 0.6 times) then 75% out of 25% of the prescribed setback will be the relaxation in setback.
i.e., 0.75 (75% of the TDR loaded) X 25% (maximum relaxation of set back relaxation allowed) =0.75 X 25% =18.75% of the overall setback as per Zonal Regulations.
4 Hence, for 75% loading of the allowed TDR, one can get 18.75%of relaxation in the overall setback. The setback relaxation can be calculated as per the above example for the different proportion (percentage) of TDR utilized.
Note.- A Transferable Development Right when utilized in respect of an existing building, the existing all round setbacks shall be in compliance with the requirements for the additional Floor Area Ratio and the additional height of the building due to loading of Development Rights / Transferable Development Right.
(9) Development Rights of the originating plot shall be permitted to be utilized in any other receiving plot within the same Local Planning Area in which Development Rights is issued, as Transferable Development Rights as indicated in the illustrations appended to these rules by dividing the market value of the originating plot with the market value of the receiving plot based on the market value prevailing at the time of approval of the plan for the purpose of factorization on utilization of transferrable Development Rights.
(10) Whenever the remaining portion of the plot of land after surrender to the Authority is too small to construct any meaningful building, the owner if so desires can surrender the entire property to the Authority in lieu of the Development Rights Certificate.
(11) The application for utilization of Development Rights or Transferrable Development Rights shall be made to the concerned Planning Authority in FORM-VII along with the details of Land area, proposed plan and extent of Development Rights and Transferrable Development Rights intended to be utilized at the place of receiving plot.
(12) The Planning Authority on receipt of application for utilization of Development Rights or Transferrable Development Rights shall verify with reference to the plan, the entitlement of the applicant for utilization and the Planning Authority after verifying the details may issue utilization certificate in FORM-VIII after due entry in the Development Rights Certificate register and in the Transferrable Development Rights certificate or in the separate register in respect of Transferrable Development Rights issued before the date of commencement of the Karnataka Town and Country Planning (Amendment) Act, 2015.
(13) The Local Authority on receipt of utilization certificate from the Planning Authority shall approve the additional FAR by Utilization of Development Rights or Transferrable Development Rights .
(14) No Local Authority shall approve loading of additional FAR without production of Utilization Certificate issued by the Planning Authority.
(15) A Development Right Certificate shall not be valid for use on receiving plot in the area notified as such by Government.
(16) The utilization of Development Rights shall be in multiples of five sq. meters only except the last remainder.
(17) The Authority may reject or cancel the grant of Development Right Certificate in the following circumstances namely:-
(a) Where any dues are payable by the owner of the property to the State Government or Planning Authority or Local Authority prior to the date of handing over physical possession of the property to any such Public Authority. Planning Authority may grant and withhold issue of Development Right Certificate until all the dues of the State Government or the Planning Authority or Local Authority are paid by the owner;
(b) Where Development Rights Certificate is obtained by fraudulent means;
(c) Where there is a dispute on the title of the land, till the dispute is settled by a Competent Court; and
(d) Objections received from the general public and reviewed by the Authority.
(18) The Local Authority shall decline to allow utilization of Development Rights Certificate in the following situations, namely:-
(a) Under direction from a competent court;
(b) Where the Local Authority has reason to believe that the Development Right Certificate or Transferable Development Right Certificate has been obtained by fraudulent means;
(c) Where the utilization application does not comply with the terms and conditions;
specified in these rules;
(d) Where the utilization application is not duly accompanied with Registered Transfer document signed by the transferor and transferee; and
(e) Where the utilization application is not duly accompanied by Development Right Certificate or Transferable Development Right Certificate in the name of transferee issued by the Planning Authority after due entry in the Development Rights Certificate Register.
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(19) On full utilization of Development Right Certificate, the Development Right Certificate shall not be returned to the Development Right Certificate holders but shall be retained with the Planning Authority concerned after cancelling the same.
(20) In case of death of holders of Development Right Certificate, the Development Right Certificate shall be transferred only on production of “Will or Survivors Certificate or Inheritance Certificate or Heir ship Certificate” or succession certificate of letter of Administration and / or probate of a will wherever applicable. On production of aforesaid documents issued by the concerned Authorities, the names of the legal heirs shall be included in the Development Right Certificate.
(21) Where the Development Rights Certificate holder is a minor, no permission for transfer for utilization shall be considered unless the application is made by the guardian appointed by the Competent Court.
(22) If a holder of Development Right Certificate intends to transfer it to any other person, he shall submit the Development Rights Certificate along with the registered transfer documents signed by the transferor and transferee to the Planning Authority with an application in FORM-IX for issue of Transferable Development Rights for the new holders name, i.e., the transferee, on the said certificate. Without such endorsement by the Planning Authority the transfer shall not be valid and the Certificate shall be available for use only by the earlier original holder.
(23) Development Right Certificate which shall be as issued in FORM-IV shall be transferable only after due authentication and entry in Development Rights Certificate register by the Planning Authority.
(24) Development Right Certificate or Transferable Development Rights issued can be transferred for the whole extent or part thereof. In the FORM-VI of Transferable Development Rights for the whole extent or part thereof.