Karnataka High Court lays down norms for authorities to monitor PG accommodations in Bengaluru

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The GBA told the court that of around 5,000 PGs in the East Zone, nearly 2,500 are illegal and action was being initiated against them. | Photo Credit: File photo

Expressing serious concern over the large number of paying guest (PG) accommodations operating illegally in Bengaluru, the High Court of Karnataka has issued an extensive set of guidelines to monitor, regulate, inspect and enforce safety norms for PGs across the city.

Justice Suraj Govindaraj, taking note of the seriousness of the issue and the large number of people who could be affected by any untoward incident in illegal PGs, issued comprehensive guidelines, in addition to the existing norms, to be strictly implemented by the authorities. The court was hearing petitions filed by a few PG operators challenging notices issued to them by city corporations under the Greater Bengaluru Authority (GBA).

The GBA told the court that of around 5,000 PGs in the East Zone, nearly 2,500 are illegal and action was being initiated against them. The illegal PGs would be closed and, if necessary, buildings would be demolished if the construction violated zoning regulations or building bye-laws, the GBA informed the court.

Recognising that PG accommodation has become a vital source of temporary housing for students, employees, trainees, migrants and others seeking short- and medium-term stays in Bengaluru, the court made it clear that the guidelines were not intended to prohibit or unduly restrict lawful PG facilities, but to ensure they operate only from legally permitted premises, among other requirements.

The guidelines require authorities to identify all PG premises, whether licensed, unlicensed, operating with expired licences, or functioning under nomenclatures such as hostels, co-living establishments or service apartments. Substance, and not nomenclature, will determine the regulatory character of PGs, the court said.

The mere fact that a person owns a building shall not, by itself, make that person liable for every operational violation committed by an independent operator. Conversely, the owner shall not knowingly permit unlawful construction, unsafe structural alterations or unlawful use where such responsibility is attributable to the owner under law, the guidelines state.

As per the guidelines, authorities must verify building and land-use compliance, including sanctioned plans, zoning, unauthorised floors, terrace rooms, converted parking spaces and blocked staircases, besides sanctioned capacity, licensed capacity, number of rooms, number of beds, actual occupants and area available per occupant.

The guidelines stress that fire safety must be treated as a primary life-safety requirement, with mandatory verification of fire extinguishers, alarms, smoke detectors, emergency lighting, exits, evacuation routes, kitchen and LPG safety, and fire-vehicle access.

The court emphasised occupant privacy and dignity, stating that safety regulations cannot justify arbitrary intrusion, while making it clear that CCTV cameras are prohibited in bedrooms, bathrooms, changing areas and other private spaces. PGs accommodating women or other vulnerable persons shall maintain security arrangements proportionate to the nature and occupancy of the establishment.

The court said authorities should consider establishing a unified digital database of PG accommodations while mandating a mechanism for coordination among departments.

The court also made it clear that if there are violations by PG owners or operators and no action is taken by the concerned officers, they would be personally liable for any untoward incident that may occur.

Further hearing was adjourned to September 28, with the GBA directed to file a status report detailing the number of PGs identified, the violations found and the action initiated against such breaches.

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