Lacks brs (building regularization scheme) approval.

Shivakrishna Pabba (Querist) 21 October 2024 This query is : Resolved
"I am considering purchasing a commercial flat on the fifth floor that currently lacks BRS (Building Regularization Scheme) approval. The owner had applied for the BRS, but it was halted due to a stay order. The owner has the challans as proof of payment for the BRS application. Due to his son living in the USA, he wants to sell the property. He is providing me with the deed copy, UDS (Undivided Share of Land), and all relevant link documents from the builder. Is it advisable to purchase this property without BRS approval? Could there be a risk of demolition or other legal issues in the future?"

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Quick Summary

Purchasing a commercial flat that lacks Building Regularisation Scheme (BRS) approval, especially when the application is stalled due to a stay order, carries significant risks. While the owner has payment proof and property documents, the absence of official BRS approval means the building might not comply with current regulations. It's crucial to understand that BRS approval is mandatory for commercial properties to ensure compliance with building codes and zoning laws. Proceeding without this approval could lead to future legal complications or even demolition orders.

kavksatyanarayana (Expert) 21 October 2024
You can contact an approved building inspector and he can give you a certificate.

T. Kalaiselvan, Advocate (Expert) 21 October 2024
The approval of BRS is essential for commercial property.
It is important to ensure that the approval plan for a commercial property in India is sanctioned by the relevant authorities. The approval plan is a document that shows that the design and construction of the building have been approved by the authorities. It must comply with building codes, zoning regulations, and environmental laws .
Therefore please note that it is mandatory to check the BRS approval before investing in such a property. This step will ensure that the builder has received the layout of the project sanctioned and under the jurisdiction of the local municipal authority.