Kolkata, July 27 -- The Kolkata Municipal Corporation (KMC) is considering introducing a new heritage law to protect the city's architectural heritage while safeguarding property owners' financial interests. If implemented, the proposed legislation could offer Kolkata's endangered heritage buildings a better chance of survival by ensuring that preservation does not become an unaffordable burden for their owners.

Under the proposed framework, owners of heritage properties could be allowed to sell their construction rights through Transferable Development Rights (TDR). The move is intended to ensure that owners are not compelled to abandon or demolish heritage properties simply because they cannot afford their upkeep.

The issue has remained contentious for years. While the KMC offers property tax concessions for heritage buildings, the benefit is subject to the condition that the property is properly maintained. In many cases, however, the cost of restoration far exceeds the tax savings. At the same time, demolishing a heritage property and replacing it with a high-rise is restricted by law. As a result, many historic buildings across the city have gradually deteriorated, while several others have disappeared altogether.

London's TDR model has been cited as a possible solution. A draft proposal on TDR has already been prepared by the KMC and sent to the state Urban Development and Municipal Affairs Department for approval. The department's legal wing is expected to examine the proposal before a new heritage conservation law is placed before the Assembly.

The process is, however, currently stalled due to the absence of an elected board at the civic body. Once the KMC elections are held and a new board is constituted, the proposal is expected to move forward.

According to a KMC official, the draft proposes a two-stage approval process. In the first stage, owners would be permitted to sell development rights to raise funds for restoration. Only after the heritage property has been restored would they be allowed to sell additional development rights to generate further income.

Under the proposed system, a heritage property would continue to be subject to legal restrictions on demolition and new construction.

However, its owner could receive development rights equivalent to twice the existing Floor Area Ratio (FAR).

Published by HT Digital Content Services with permission from Millennium Post.