Regularisation Eligibility

BRS Status Check

Check Building Regularisation Scheme eligibility · BRS / BPS Telangana · HYDRAA Risk Assessment

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    What is BRS (Building Regularisation Scheme)?

    BRS (Building Regularisation Scheme) is the Telangana government's mechanism to regularize unauthorized and deviated constructions by imposing a penalty on the property owner. The scheme allows owners of buildings constructed without permission or with deviations from the approved plan to apply for regularization during a specific window period, pay the prescribed penalty, and obtain a regularized building permission certificate. Previous schemes include BPS 2015 (Building Penalisation Scheme) and BRS 2020. Once regularized, the building gets official recognition, making it eligible for bank loans, registered sale deeds, and municipal services.

    BPS 2015

    The Building Penalisation Scheme (BPS) 2015 was the first major regularisation drive by the Telangana government after state formation. It targeted buildings constructed without approval or with deviations before the cutoff date. Thousands of buildings were regularized with penalties ranging from 25-100% of the market value of deviated portions.

    BRS 2020

    The Building Regularisation Scheme (BRS) 2020 extended the regularisation window to cover buildings completed between the BPS 2015 cutoff and the new cutoff date. The scheme introduced revised penalty slabs, structural stability certificate requirements for significant deviations, and clearer guidelines on what can and cannot be regularized.

    Penalty Calculation

    BRS penalty is calculated based on the market value of the deviated/unauthorized portion, the road width, the zone (GHMC/municipal), and the type of deviation. Minor deviations (excess area within 10%) attract lower penalties (25-50% of market value), while major deviations (multiple floors, setback violations) attract 50-100% or more.

    Structural Stability Certificate

    For buildings with significant deviations (additional floors, major structural modifications), the BRS application must include a structural stability certificate from a licensed structural engineer. This certificate confirms the building is structurally safe despite the deviations. Without this certificate, BRS applications for major deviations are rejected.

    FTL / Government Land Exclusion

    Buildings on FTL (Full Tank Level) zones, buffer zones around water bodies, nala beds, government land, or poramboke land are never eligible for BRS regularisation. Even if a BRS certificate was obtained erroneously for such buildings, courts have upheld demolition orders. HYDRAA actively targets these structures regardless of BRS status.

    Impact on Property Sale

    Without BRS regularisation, unauthorized buildings cannot get bank loans (banks refuse to lend on unapproved structures), face difficulties during property registration at SRO offices, and the buyer assumes significant legal risk. BRS certificate is not equivalent to original building permission but provides legal recognition sufficient for most transactions.

    BRS Eligibility Quick Reference

    Deviation Type Typical Penalty Range BRS Eligibility Additional Requirements
    No permission at all 50-100% of market value Eligible if before cutoff date Structural stability certificate required, land ownership proof
    Excess built-up area (within 10%) 25-50% of deviation value Likely eligible Original approved plan copy, area calculation certificate
    Additional floors 50-100% of floor market value Eligible with structural certificate Structural stability certificate from licensed engineer mandatory
    Setback violation 50-75% of encroached area value Partially eligible Fire safety NOC may be required, neighbor consent in some cases
    Change of use 25-50% of property value + conversion charge Conditionally eligible Commercial use approval from municipal body, parking compliance
    FTL / nala / government land N/A NOT eligible under any scheme No regularisation possible. Subject to demolition by HYDRAA/municipal body
    Multiple deviations Cumulative penalty for each deviation type Case-by-case evaluation Structural certificate, individual deviation assessment, may face partial rejection

    Penalty Structure Under BRS Schemes

    Minor Deviations (25-50% Penalty)

    Excess built-up area within 10% of approved plan, minor setback encroachments (less than 0.5m), internal layout changes that do not affect structural integrity. These attract the lowest penalty tier and are typically approved without complications during the BRS window.

    Moderate Deviations (50-75% Penalty)

    One additional floor beyond approved plan, setback violations of 0.5-1.5m, excess built-up area of 10-25% beyond approved plan. Structural stability certificate is recommended. Some conditions may apply, such as not being allowed to add more floors after regularization.

    Major Deviations (75-100% Penalty)

    Two or more additional floors, complete construction without any permission, major setback violations (more than 1.5m), FSI violation above 25%. Structural stability certificate is mandatory. Higher scrutiny and may require additional fire safety and municipal approvals.

    Non-Regularizable (No BRS Possible)

    Construction on FTL/buffer zone of water body, government land encroachment, nala bed construction, structures posing public safety risk (as certified by structural engineer), construction after BRS cutoff date. These cannot be regularized under any scheme and face demolition risk.

    Understanding BRS (Building Regularisation Scheme) in Telangana

    What is BRS / BPS Regularisation?

    BRS (Building Regularisation Scheme) and its predecessor BPS (Building Penalisation Scheme) are government programs in Telangana that allow owners of unauthorized or deviated buildings to legalize their structures by paying a penalty. In Telangana, a significant number of buildings have been constructed without obtaining proper building permissions from GHMC (Greater Hyderabad Municipal Corporation), HMDA (Hyderabad Metropolitan Development Authority), or local municipal bodies, or have deviations from the approved building plan (additional floors, setback violations, excess built-up area). These unauthorized structures cannot be legally sold, mortgaged for bank loans, or connected to municipal services in many cases.

    The BRS scheme addresses this by providing a window period during which building owners can apply for regularisation, pay the penalty calculated based on the market value of the deviated portion, and receive a regularised building permission certificate. This certificate is recorded in the GHMC/municipal system and gives the building official legal recognition. The scheme has been implemented in multiple phases: BPS 2015 was the first major drive after Telangana state formation, followed by BRS 2020.

    How is the BRS Penalty Calculated?

    The BRS penalty is not a flat fee — it is calculated based on multiple factors that determine the severity and value of the deviation. The key factors in penalty calculation are:

    1. Market value of the deviated portion: The IGRS (Inspector General of Registration and Stamps) market value rate for the locality is applied to the extent of the unauthorized/deviated area. This is the base amount for penalty calculation.
    2. Type of deviation: Minor deviations (excess area within 10%) attract a penalty of 25-50% of the market value. Major deviations (additional floors, complete unauthorized construction) attract 50-100% or more.
    3. Road width: Buildings on wider roads (above 40 feet) typically face higher penalty percentages because the land value is higher. Buildings on narrower roads (below 30 feet) may get slightly lower rates.
    4. Zone classification: GHMC properties face different penalty rates compared to properties in other municipal corporations, municipalities, or rural areas. GHMC properties in prime zones (Jubilee Hills, Banjara Hills, Gachibowli) face the highest penalty amounts.
    5. Building age: Older buildings (completed well before the cutoff date) may receive more favorable penalty rates compared to recently completed buildings that barely qualify under the cutoff.

    What Cannot Be Regularised Under BRS?

    There are several categories of buildings that are explicitly excluded from BRS regularisation, regardless of when they were built or what penalty the owner is willing to pay:

    • Buildings on FTL / buffer zone of water bodies: Structures within the Full Tank Level boundary or the 30-meter buffer zone (per GO Ms. No. 124) of any classified water body cannot be regularised. Courts have upheld demolition of such buildings even when BRS certificates were obtained, ruling that the certificates were issued in error.
    • Government land encroachment: Buildings constructed on government land, poramboke land, or encroached revenue land are not eligible for BRS. The ownership of the land itself is disputed, so building regularisation is not possible.
    • Nala bed / storm water drain: Structures built on or obstructing nalas (storm water drains) cannot be regularised. These are actively targeted by HYDRAA and municipal authorities for demolition.
    • Structures posing public safety risk: If a licensed structural engineer certifies that a building is structurally unsafe (due to excessive floors, poor foundation, or other structural deficiencies), it cannot be regularised even if the deviations would otherwise qualify.
    • Construction after BRS cutoff date: Each BRS scheme has a specific cutoff date. Buildings completed after the cutoff are not eligible for that scheme round. They must wait for a future BRS scheme (if announced) or face enforcement action.

    Step-by-Step: How to Apply for BRS

    1. Wait for the BRS scheme window to open: The Telangana government announces BRS schemes periodically. Check the GHMC/municipality website or gazette notifications for the current scheme status and window dates.
    2. Assess your eligibility: Use our BRS Status Check tool (above) to understand whether your building qualifies. The building must have been completed before the scheme's cutoff date and the land must not be government/FTL/nala land.
    3. Get a structural stability certificate: For buildings with significant deviations (additional floors, major modifications), engage a licensed structural engineer to inspect the building and issue a structural stability certificate. This is mandatory for major deviations.
    4. Prepare documentation: Gather the original building plan (if any), property tax receipts, Encumbrance Certificate, ownership documents, land classification records from Pahani, and area calculation from a licensed surveyor.
    5. Submit application online: During the BRS window, submit the application through the GHMC/municipality online portal with all supporting documents and the structural stability certificate.
    6. Inspection and assessment: Municipal engineers will inspect the building, verify the deviations, calculate the penalty amount based on the prescribed formula, and issue the penalty demand notice.
    7. Pay the penalty: Pay the assessed penalty amount within the specified timeframe. Payment can typically be made online through the municipal portal.
    8. Receive BRS certificate: After penalty payment is confirmed, the municipal body issues the BRS regularisation certificate. This is recorded in their system and the building gets official recognition.

    BRS Certificate vs. Original Building Permission

    It is important to understand that a BRS certificate is not the same as an original building permission. A BRS certificate is a regularisation document — it acknowledges that the building was constructed without proper approval or with deviations, and the owner has paid the penalty to legalize it. While most banks accept BRS certificates for home loans, some banks and financial institutions still hesitate to lend on BRS properties, especially for buildings with major deviations. Buyers should verify with their bank before purchasing a BRS-regularised property. Additionally, a BRS certificate typically comes with conditions — such as no further construction or additional floors being permitted on the building after regularisation.

    Key Takeaway for Property Buyers

    If you are buying a property that was regularised under BRS, verify: (1) The BRS certificate is genuine and recorded in the municipal system; (2) The building's deviations match what was declared in the BRS application; (3) No additional unauthorized construction was done after BRS regularisation; (4) The land itself is not on FTL/government/nala land (BRS on such land is void even if certificate exists); (5) The structural stability certificate is on file if major deviations were involved. Always cross-check with our HYDRAA Risk Assessment tool for water body proximity and verify ownership through EC Download (IGRS).

    Frequently Asked Questions

    What is BRS and how is it different from BPS?
    BRS (Building Regularisation Scheme) and BPS (Building Penalisation Scheme) are essentially the same concept under different names. BPS 2015 was the first major regularisation drive by the Telangana government after state formation, targeting buildings constructed without approval or with deviations before its cutoff date. BRS 2020 was the successor scheme with updated cutoff dates and revised penalty structures. Both schemes allow building owners to legalize unauthorized structures by paying a penalty. The name change from "Penalisation" to "Regularisation" reflected a shift in framing — from punitive to corrective.
    Can I get a bank loan on a BRS-regularised property?
    Most nationalized banks and major private banks accept BRS certificates for home loan processing, especially for minor to moderate deviations. However, some banks still hesitate to lend on properties with major deviations (multiple additional floors, significant setback violations) even after BRS regularisation. It is advisable to check with your specific bank before purchasing a BRS property. Provide them with the BRS certificate and the structural stability certificate (if applicable) to get their assessment. SBI, HDFC, and ICICI have generally been more accepting of BRS properties compared to smaller banks.
    What happens if my building is on FTL or government land but has a BRS certificate?
    A BRS certificate obtained for a building on FTL zone, buffer zone, government land, or nala bed is legally void. Courts in Telangana have repeatedly upheld that BRS/BPS certificates issued for structures on prohibited land were issued in error and do not provide legal protection against demolition. HYDRAA has demolished buildings that possessed BRS certificates because the underlying land was within FTL/buffer zones. If you are buying a property with a BRS certificate, always independently verify that the land is not on FTL, buffer zone, government land, or nala bed. The BRS certificate alone does not guarantee safety.
    Is the BRS scheme currently open for applications?
    BRS schemes are window-based — they are open for a specific period and then close. The Telangana government announces each BRS round through gazette notifications and GHMC/municipal body websites. As of now, check the official GHMC website (ghmc.gov.in) or your local municipality portal for the latest BRS scheme status, window dates, and application procedures. When a new scheme is announced, there is typically a deadline of 3-6 months to submit applications and pay penalties. Missing the window means waiting for the next scheme round, which may or may not be announced.
    What is the structural stability certificate and when is it needed?
    A structural stability certificate is a document issued by a licensed structural engineer confirming that a building is structurally safe and can sustain its current loads despite deviations from the approved plan. It is mandatory for BRS applications involving significant deviations such as additional floors beyond the approved plan, major structural modifications, or buildings constructed entirely without any approved structural design. The certificate must be from an engineer registered with the relevant council and typically involves a physical inspection of the building, assessment of foundation, columns, beams, and load-bearing capacity. Without this certificate, BRS applications for major deviations will be rejected.
    Can I add more floors after getting BRS regularisation?
    Generally, no. BRS regularisation certificates typically come with a condition that no further construction or additional floors can be added to the building after regularisation. The BRS certificate only legalizes the existing structure as-is at the time of application. Any new construction after BRS would require a fresh building permission from GHMC/HMDA/municipal body following the normal approval process. If you add floors without fresh permission after BRS, you would need another BRS round (if announced) to regularize the new addition, and there is no guarantee that future BRS schemes will be offered.
    How much does BRS penalty typically cost in Hyderabad?
    BRS penalty varies widely based on the location, type of deviation, and market value. In prime Hyderabad areas (Jubilee Hills, Banjara Hills, Gachibowli, Madhapur), penalties can range from several lakhs to crores due to high market values. In peripheral areas and smaller municipalities, penalties are significantly lower. As a rough estimate: a minor excess area deviation (within 10%) on a residential building in a middle-class Hyderabad locality might attract a penalty of Rs. 2-5 lakhs, while an additional floor in a prime area could cost Rs. 10-25 lakhs or more. The exact amount is calculated by the municipal engineer based on the prescribed formula during the application assessment.
    What documents are needed for a BRS application?
    The typical documents required for a BRS application include: (1) Original building plan (if any was approved); (2) Property ownership documents (sale deed, gift deed, or other transfer instrument); (3) Encumbrance Certificate (EC) from IGRS; (4) Property tax receipts (up to date); (5) Pahani / land records showing land classification; (6) Structural stability certificate from a licensed structural engineer (for major deviations); (7) Area calculation by a licensed surveyor showing the exact extent of deviation; (8) Photographs of the building showing current state; (9) Identity proof and address proof of the applicant; (10) Declaration that no further construction will be carried out. Some municipal bodies may require additional documents depending on the specific deviation type.