Walk through any older Bengaluru neighbourhood and you will see the fourth floor that was sanctioned for three, the balcony that ate into the setback, the ground floor shop where parking was drawn on the plan. These deviations are ordinary, and for a buyer they are also dangerous, because a building that strays too far from its sanctioned plan can struggle to get an occupancy certificate, and without that certificate the property is harder to finance and, increasingly, harder to even connect to water and power. On May 13, 2026, the state moved on exactly this problem, and the details matter to anyone buying an apartment or a built house this year.

The short answer. Deputy Chief Minister D.K. Shivakumar announced that permissible deviations in height, floor area ratio, and setback would be widened from 5 percent to 15 percent, alongside a one time settlement scheme to regularise past building deviations at a concession for early applicants. For buyers this cuts both ways: some buildings that were technically non compliant may now become regularisable, but the reforms were announced with cabinet approval still pending, so nothing is guaranteed yet. The trade-off is to treat this as a reason to check a building's sanctioned plan and occupancy certificate more carefully, not less, because a deviation that is merely regularisable is not the same as one that is already regularised.

What did the government actually announce?

The core change is a wider tolerance for deviations from the sanctioned plan. As reported by The News Minute, the permissible deviation in height, FAR, and setback rules is being increased from 5 percent to 15 percent, with Shivakumar describing it as a 15 percent relaxation within the legal framework. The same coverage notes existing law already allowed setback relaxations of up to 50 percent for smaller residential sites, so the new tolerance sits on top of an already flexible base for compact plots.

Alongside the wider tolerance, the government announced a one time settlement route to regularise past deviations, reported to launch on June 15, 2026 with a three month application window and a 50 percent concession on regularisation charges for early applicants, followed by a scrutiny period. Crucially, the reforms were announced with cabinet approval on the execution details still pending, so the fine print, including exactly which deviations qualify, is not yet settled.

Why does a building deviation matter to a buyer?

Because deviation is tied directly to the occupancy certificate, and the occupancy certificate is tied to your loan, your utilities, and your resale. A building that deviates materially from its sanctioned plan can be refused an occupancy certificate, and the government itself cited Supreme Court directions prohibiting electricity and water connections to buildings lacking that certificate as a reason to act. In other words, deviation is no longer a paperwork abstraction; it can reach into whether a flat can lawfully be connected to basic services.

We covered the mechanics of deviation in our guide to plan deviation for Bengaluru buyers, and the role of the completion and occupancy certificates in our note on the occupancy certificate versus completion certificate. The new relaxation changes the threshold at which a deviation becomes a problem, but it does not remove the need to check.

Does the 15 percent tolerance make a deviated flat safe to buy?

Not by itself, because a larger tolerance and a regularisation scheme are not the same as a clean, compliant building. Read the distinction carefully: a deviation within the new 15 percent band may be treatable as permissible, a larger deviation may be regularisable through the settlement scheme on payment, and a deviation beyond what any scheme covers remains a genuine defect. The table below maps these bands to what a buyer should do.

The safest position remains a building that matches its sanctioned plan and holds a valid occupancy certificate, which is why buyers who want to avoid the whole question often prefer well approved projects such as Prestige Park Grove in Whitefield, where the compliance trail is clearer.

How should you check a building's deviation before buying?

Compare the sanctioned plan against what is actually built, and confirm the occupancy certificate. Ask the seller or builder for the sanctioned plan and the occupancy certificate, then have an architect or engineer check the built structure against the plan for extra floors, reduced setbacks, converted parking, or an enlarged footprint. If the numbers diverge, quantify by how much, because that percentage is exactly what determines whether the deviation is permissible, regularisable, or fatal.

Do not accept a verbal assurance that the deviation will be regularised under the new scheme. Until cabinet approval and the detailed rules are in place, and until the specific building has actually been regularised with proof, a promise of future regularisation is a risk you would be assuming, not a fact you can bank. Ask for the regularisation to be completed before registration, or for the cost and risk to be reflected in the price in writing.

It also helps to keep this deviation scheme separate from the khata concession running in parallel, because the two solve different problems and a seller may blur them. The khata window lowers the cost of moving a property from B Khata to A Khata, while this settlement is about regularising physical deviations from the sanctioned plan. A property can be clean on one and troubled on the other, so check both independently rather than letting a single reassuring sentence stand in for two separate confirmations. When in doubt, ask which specific scheme a claimed benefit refers to, and get the answer in writing.

What about buying an under construction flat right now?

For an under construction purchase, the deviation question shifts from what exists to what is promised and enforced. Buy into projects registered with the regulator, read the sanctioned plan attached to the approvals, and make possession conditional on the occupancy certificate being obtained. A developer who commits in the agreement to deliver with a valid occupancy certificate is accepting the deviation risk that would otherwise land on you after handover.

Keep in mind that the wider tolerance is a state level policy about what authorities may permit, not a licence for a builder to deviate freely from what they sold you. Your protection is the sanctioned plan and the agreement. If the delivered building differs from either, the relaxation does not extinguish your contractual rights against the developer, and you should take advice rather than accept the change quietly.

There is a quieter reason this reform matters for the whole market. When regularisation becomes cheaper and tolerances widen, more older buildings can finally obtain a clean occupancy certificate, which over time lifts the share of Bengaluru stock that is properly loanable and resaleable. That is good for liquidity in the resale market. But the benefit only reaches properties that actually complete the process, so as a buyer your job is to confirm that a given building has crossed the line, not merely that it could. The policy improves the odds; your own diligence is what confirms the final outcome for a specific home.

What should a Bengaluru buyer do while the rules settle?

Because the policy is announced but not yet final, act on what is verifiable today and treat the rest as pending:

1. Obtain the sanctioned building plan and the occupancy certificate for the specific property.
2. Have an architect or engineer compare the as built structure with the sanctioned plan and quantify any deviation.
3. Classify the deviation as within tolerance, potentially regularisable, or beyond any scheme.
4. Do not rely on a verbal promise of future regularisation; require proof or price the risk in writing.
5. Confirm the occupancy certificate status, since financing and utility connections can depend on it.
6. For under construction homes, make possession conditional on a valid occupancy certificate in the agreement.
7. Track the cabinet decision and the detailed rules before assuming any specific relaxation or scheme applies to your property.

Frequently asked questions

What building deviation change did Bengaluru announce?

On May 13, 2026, the government announced widening the permissible deviation in height, floor area ratio, and setback from 5 percent to 15 percent, plus a one time settlement scheme to regularise past deviations at a concession for early applicants. The reforms were announced with cabinet approval on execution details still pending, so the final rules are not yet settled.

Why does a building deviation affect my purchase?

A building that deviates materially from its sanctioned plan can be refused an occupancy certificate, which in turn can affect home loan approval and, following Supreme Court directions cited by the government, even water and electricity connections. That is why the extent of any deviation and the occupancy certificate status are central checks before you buy a built property.

Does the new tolerance make a deviated flat safe?

Not automatically. A deviation within the wider tolerance may be permissible, a larger one may be regularisable on payment under the settlement scheme, and a deviation beyond any scheme remains a defect. A regularisable deviation is not the same as a regularised one, so confirm the actual status and get any regularisation completed before you register.

Can I rely on regularising the deviation later?

Be cautious. The scheme was announced with cabinet approval and detailed rules still pending, so a promise of future regularisation is a risk rather than a certainty. Ask for the regularisation to be completed before registration with documentary proof, or have the cost and risk reflected in the price in writing, and track the final rules before relying on them.

Last updated 2026-07-23. PropNewz Team.