Mentoassociates.com – Legal Articles

BBMP is the agency to approve building plans and issue commencement and occupancy certificates for all residential and commercial buildings in lay outs developed by various government agencies( including BDA, KHB, BMICAPA) in its limits except those developed by KIADB and KSSIDC.

1.As per Section 353 of The Karnataka Municipal Corporation Act 1976, the owner or occupier of every place, where trade/business as mentioned in Schedule X of the said act are carried on and which are within the limits of the Corporations shall apply and obtain from the said corporation, a license (Trade Certificate). Without the said certificate such trades cannot be carried on in such places. As per this provision, either the business owner or the premise owner can apply and get the trade license. However if the occupier of the premise (the business owner who is occupying the premise on rent or lease) applies to the corporation, having satisfied all other eligibility, the corporation cannot refuse the same saying that the same will be issued only in the name of the owner of the premise.

2. Schedule X of the Karnataka Municipal Corporations Act 1976 lists the trades and industries which require a trade licence from the concerned municipal authorities. In Bangalore, BBMP issues trade licences to various shops and industries within its jurisdiction. The health department of BBMP is in charge of these matters. The health officer of BBMP can close a trade premises which does not have a trade licence.

3. The Licence issued expires on 31st March each year. The application for renewal needs to be done before last day of February each year. For renewal of trade licence, an affidavit on a Rs. 100/- stamp paper needs to be filed. The said affidavit shall state that trade will continue to be carried on as per regulations and other laws in force.

4. If a person has multiple trades in the same premises, then he needs to pay a compounded fee equal to twice the highest fee payable for the trades or commodities he is dealing in.

5. Apart from the trade licence fee, a separate fee needs to be paid for using power or generator. One needs to pay either for the sanctioned power load or generator whichever is of higher capacity.

6. The various trades and industries are mentioned in Schedule X of the Act and the applicable fees are also mentioned.

7. BBMP has also setup special trade health licence clinics which functions from 1st Feb to 15th Feb every year where renewal applications are accepted and processed. These clinics function under the various zones. New applications for trade licence should be handed over only at the BBMP range offices.

8. Documents required for the trade licence are as follows:
i) Property owner’s consent letter.
ii) Property tax paid receipt.
iii) NOC from the neighbours.
iv) Building Plan of the trade premises.
v) Occupancy Certificate.
vi) Khata Certificate.

9. Normally the inspection of the premises will be done within 3 working days. Maximum time period for the issuance of trade license is 7 days.

BBMP Plans to clean and fill vacant and uneven sites which are filled with obnoxious vegetation or  filth causing nuisance and disturbance to  neighbours.As per provisions of Karnataka Municipal Corporations Act, site owners are supposed keep their sites clean and tidy. In case they do not do the same, BBMP has the power to do the cleaning and then charge the said amount for the site owners.