Government Extends a Regularisation Scheme for Buildings without OC
Buildings without OC (Occupation Certificate) in Bengaluru can now obtain electricity and water/sewage connections under a newly-announced regularisation scheme. Upon registration under this scheme, violators will be penalised with 25 percent higher tariff on energy consumption. This new rule is being implemented according to a circular from the Urban Development Department, for all housing structures in Karnataka, and it was announced by Energy Minister D.K. Shivakumar.
Only high-rises will benefit from the regularisation scheme. The pre-requisites for the scheme say that it is applicable for units which have a built-up area more than 8,000 sq. ft. and building height of more than 50 feet. All others need to get building plans sanctioned and get OCs from the relevant government agency. Else, the buildings may lose their power connections. Upon request by owners, developers and builders, the minister decreed that existing buildings can use a temporary electricity connection until the OC is obtained. However, for new houses, it is still mandatory to get a sanctioned building plan and occupancy certificate from BBMP or BDA, so that a power connection can be obtained.
Bengaluru has a history of irregular water, drain and power connections being given to buildings with no sanctioned plan, and which don’t have OCs. Builders across the city and state have also violated construction norms. This power regularisation scheme is a follow up to the Chief Minister Siddaramaiah’s promise to take strict action against violating builders.
An uphill task for authorities
It is not easy at all, considering the scale of violations, lack of strong laws and the inevitable nexus between builders and governing officials. Developers are supposed to apply for OCs, and residents in apartments are encouraged to move in only after the OC is issued, according to Karnataka Apartment Ownership Act, 1972. The permanent utility connections are supposed to be tied to this certification of fitness for occupancy. However, residents start living in their new residences even without an OC, and they get permanent utility connections by producing a proof of ownership or occupation of premises (latest khata, sale deed, property tax paid, sanction plan, architecture plan, signed by the civil engineer and/or route sketch). Residents can actually be asked to vacate their houses in this case, or be penalised heavily by the BBMP or BDA, since the occupancy can be deemed illegal. There are also cases where fake OCs are obtained by dubious builders, adding to the haziness of the situation.
The BDA and BBMP are the two government agencies that issue Occupancy Certifications. BBMP data says that it has issued only 97 OCs to new buildings in Bangalore from 2009-2014. Knowing the rate of development in Bengaluru in the last few years, this number is extremely low. This shows that there is a discrepancy in the books. One cause could be that the OC is issued by the official, but the revenue is not remitted to the BBMP accounts – the OC could be called fake. Another cause that is cited by officials is that there were a large number of deviations from plans by the builders, and so the OC is delayed and given only after the builder corrects the deviations.
NR Ramesh, the Corporator of Yediyur ward, says that the whole OC episode is a scam. He has filed a complaint against BBMP officials with the police. The BBMP Commissioner is awaiting reports on the complaint from his Joint Commissioners and the Technical Vigilance Cell under Commissioner (TVCC). Even this effort seems to be an eye wash, since only one case of fake OC has come up.
In light of this background, the attempts by BESCOM and BWSSB to regularise utility connections may not prove effective. The OC issue needs to be first addressed.
BBMP, BDA, BESCOM, buildings in Bangalore, BWSSB, Karnataka Apartment Ownership Act, Occupancy Certifications, urban development department
