There is always a confusion on BDA, BMRDA,BBMP Approved Sites ,A and B Khata, DC converted Site….while dealing in Bangalore real estate. I gathered some Information from different sources
Hope Below Information will help for all Bangalore Real Estate Seakers What is BDA?
The Bangalore Development Authority (BDA) which become effective from 6th Jan 1976 under a separate Act of the State Legislature viz. the BDA Act 1976.
The focus areas of the of BDA is Development of Bangalore in a planned manner, creating excellence infrastructure, delivery of sites and work as a successor to the erstwhile City Improvement Trust Board.
For More Info :Source — http://www.bdabangalore.org/What is BMRDA?
Bangalore Metropolitan Region Development Authority (BMRDA) is an independent body created by the Government of Karnataka under the BMRDA Act 1985 for the purpose of planing, coordinating and supervising the proper and orderly development of the areas within the Bangalore Metropolitan Region (BMR), which comprises Bangalore urban district, Bangalore rural district and Ramanagara district.
For More Info :Source — http://www.bmrda.kar.nic.in/
As per the Structure Plan, apart from BDA, the rest of the Bangalore Metropolitan Region [BMR] is divided in to five Area Planning Zones (APZ’s) and six Interstitial Zones (IZ’s).
The APZ’s are proposed along the corridors, which are :
(4) Bangalore– Whitefield, Hoskote
(5) Bangalore-Anekal, SarjapurHosur.
BDA and BMRDA are two different functional bodies differentiated based on jurisdiction.
So we can say this is same Like New Delhi and NCR.Khata:What is a Khata?
A Khata is a legal document regarding the title of the property. It has the details about the size of the property, municipal number of the property, location for the purpose of paying property tax. The person on whose name the khata is registered should pay the property tax.
In short, Khata is a quasi-judicial document which certifies that your property is in the prop-erty register of the municipal corporation.Why you need Khata?
For land loan/ home loan
– If you do not have a khata, banks will not give you bank loan or home loan to buy property.
In case of disputes/litigation, Khata helps in establishing before courts of law and the status of ownership and possession of any property.
Plan for home construction— Khata is a document required by authorities to sanction any plan submitted to them for approval.Conclusion
If you are buying a plot at the time of registration of sale deed, a khata is a must for a sale deed in respect of registering the property in the office of the e Sub-Registrar. For any prop-erty purchase, make sure to transfer the property in your name.
Let us now understand what is a A Khata and B Khata?B-khata
is a mere document to collect taxes from residents for using civic facilities like roads and drains. B-khata is just a register maintained by the BBMP to collect taxes from the rev-enue property holders.B Khata
is a temporary measure will allow you to buy or sell a site, but you will have problems if you want to construct on it. For getting building plan and Bank loan for construction, ‘A’ Khata is necessary.
A Khatha is an extension of B Khata and a more reliable document. Payment of betterment charges on a B Khata and up to date payment of property tax can convert a B Khata to an A Khata.Which is better – A Khata or B Khata?
A Khata is better than B Khata. If you are planning to buy a plot ensure that you receive a Khata from the seller. Always prefer A khata as it is considered as a pakka proof regarding the ownership of the plot. The buyer is eligible for a higher percentage of loans for an A Khata plot as against a B Khata plot.
It is difficult to convert a B Khata plot to an A Khata as there are many conditions attached. . My suggestion is always go for an A Khata even if you have to pay premium on the plot.Process of converting B Khata to A khata
B Khata can be converted to A khata by paying betterment charges to BBMP, however there are lot of conditions attached to it.
If you want to convert your plot to ‘A’ Khata that is having only ‘B’ Khata, then you should have
1) You should have a DC converted plot
2) Tax are paid completely and upto date
3) Betterment charges for the converted plot to be paid to BBMP
My suggestion is if you have a plot with a B Katha convert it to A Katha at the earliest.BDA Khata:
Private developers within the BDA jurisdiction need to get a BDA approval for layout formation. BDA approves that the layout has been formed as per the regulations and releases 40% of the sites on completion of all the development work they release the remaining 60% of sites. BDA collects tax payments from site owners for these approved layouts in a BDA khata. These khata documents can be safely transferred to BBMP when the area comes under BBMP jurisdiction.documents needed for purchasing a BDA site?
1. Registration documents get certified copies from Subregistrar office Legal opinion most useful here
>> Sale deed
>>Encumberance certificate for last 30 years matching the sale deed history
>>Search for any court cases in the name of party http://causelist.kar.nic.in/caseStatus_PartyNameDistrict.asp
2. Transfer of property from BDA
>> Allotment letter from BDA
>>Fee payment receipt
>>Khata transfer certificate
>>Sale deed from BDA to allotee.
>>Khata certificate from BDA in the name of allotee
>>tax payment receiptsDC conversion
DC conversion is an approval from Deputy Commissioner's office that land can be used for nonagricultural purposes such as residential, commercial, industrial, educational purposes. This is typically done based on the zone markings provided by town planning authority. DC conversion order clearly indicates that approval is subjected to compliance to town planning laws for layout formation or apartment construction.DC converted land with BBMP A khata
Before dealing of such site, pls chk the layout has been approved by BDA/BMRDA. DC's conversion to residential use order clearly says that conversion is subjected to developer complying to town and country planning laws otherwise DC has the rights to cancel the conversion. Secondly, verify with BBMP if the A khata is conditional or permanent.
BBMP stops issuing A khata to the second purchaser.
As per Karnataka municipal corporations amendment act 2009, sec 108A
"(3) The Bruhath Bangalore Mahanagara Palike may levy and collect the property tax from every building, vacant land or both including a building constructed in violation of the provisions of building byelaw or in an unauthorized layout or in a revenue land or from a building occupied without issuance of occupancy or completion certificate except the building constructed illegally in Government land, land belonging to any local body, any statutory body or an organization owned or controlled by the Government. The property tax collected from such building shall be maintained in a separate register:
Provided that levy and collection of property tax under this subsection from such building does not confer any right to regularize violation made, or title, ownership or legal status to such building. Such buildings shall always be liable for any action for violation of law in accordance with the provisions of this Act or any other law."
DC converted land owner who wishes to pay tax for the entire land will get A Khata. However, if the layout is formed is a unauthorized layout or a revenue land without DC conversion, then BBMP will collect taxes for such properties in a separate register called B Khata however this does not guarantee any right of ownership or legal status. It simply collects taxes for area maintenance.
While forming apartments, A khata is provided against an affidavit that the developer will pay betterment charges in a short period. A khata is also issued to flat owners by khata bifurcation. But if the developer does not pay betterment charges, BBMP stops issuing A khata to the second purchaser.Revenue sites:
Revenue site is another name for sites formed on agricultural land without DC conversion or town planning authority approval. Agricultural land utilized for residential purposes without DC approval could lead to confiscation of the property.Released and unreleased sites:
BDA or BMRDA approval is issued with a condition that the developer provides the necessary roads, parks and other civic amenities. To make sure that the developer does it, they hold back about 40% of the sites, these sites should not be sold or registered until they are released by the authority. You run a risk of losing the site if the developer does not develop the layout as per town planning authority approval.BDA NOC Vs BDA approval:
BDA NOC document states that, BDA has no objection in the buyer purchasing the land as it is not marked for any development or acquisition by the BDA. This is not necessarily a layout approval though, the developer should necessarily obtain layout approval. BDA occupancy certificate:
BDA issues an occupancy ready certificate that the apartment is ready for occupation by the residents after verifying the construction and compliance to the approved plan. BMRDA or BDA Approval Verification:
Please reach out to BDA or BMRDA offices with the survey numbers, village, hobli, district under which the layout has been formed. They will be able to provide you information if the layout has been approved. BDA or BMRDA approved layout on a land under litigation?
please obtain the survey numbers from the BDA or BMRDA layout approval and take them to a lawyer, he or she should be able to verify if there are any cases on those lands. BDA compensatory site:
Compensatory site is a site issued to land owner whose land has been acquired by the BDA. As the site has been issued as a compensation, issues of inheritance come into question here when the allottee tries to sell the site. Verify with BDA office if it is a compensatory site and get signatures of all the family members who had a share in thatLayout plan approval authority:
The layout approvals authorities are BBMP (areas in interior Bangalore), BDA (areas inside city limits, except BBMP areas), BMRDA (areas upto 4050 km around the city except BDA areas, includes Anekal, Kanakapura, Hoskote), BIAPPA (areas near airport), BMICPA areas around Bangalore Mysore infrastructure corridor, Lake Development Authority or LDA (areas close to designated lakes), and respective village Panchayats (for areas far away from the city basically those areas where BMRDA jurisdiction has not yet become applicable)
As per BDA and BMRDA acts it is essential that every apartment and residential layout in Bangalore is approved by above Authorities.