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Swathi priya (s/w engg)     07 January 2013

Building regularization scheme (brs)

 

HI,

Im 'A' lanlord of the 5 floors apartment i live in. Another lanlord is Mr B. I and Mr B have 4 flats each in this apartment out of 20 flats. Me and my partner Mr.B posess 2 flats in the 5th floor which is unauthorised. Now govt of AP has given notification for BRS and LRS. But the owners of the remaining flats claimed that myself and Mr.B should bear the LRS amount because we were the landlords(they dont understand the fact that we are no longer the land lords, the builder is responsible for the LRS as per agreement done previously). The remaining flat owners have done too much hungama and me and Mr. B decided to pay the LRS amount for them which is 1 lac extra burden on us. Keeping in view the welfare and harmony of the residents living in this apartment, we took this decision to pay the LRS amount. All the flat owners agreed to pay the BRS amount. All is well till now.

Now the second part of the story starts, 4 flat owners came up saying they dont need any regularization because they live in 3rd / 4th floors of the apartment. They claim that only the 5th floor owners need to pay the entire BRS amount. As i own totally 4 flats in different floors of this apartment, i can pay for my flats, but why am i being harrassed to pay the total amount. Yesterday there is a TV scrolling that 5th floor of some apartment is being demolished because it is unauthorised. Now if the reamining flat owners dont cooperate to pay the BRS, why should i be punished?

How am i responsible to pay the entire buildings BRS? What if i sold out all my flats and moved somewhere, then whom will this people question?They are literally harrassing me saying that i alone have the threat so i should pay the amount. 

Whose fault is this in the first place?

Eventhough im the landlord, i have sold it out to the builder and took 4 flats from the builder. Then it is as good as im just a buyer of my flat and no longer a land lord. The why are they asking me to bear the amount. Also, if the builder constructs an unauthorised floor, then being a flat owner of 5th floor should i pay for the entire building BRS?

Im really not in a position to bear this expense. What legal help can i get in this regard?

Can i approach police for help?

What can be done that i could be relieved from this issue and get the BRS done? Please help.



Learning

 4 Replies

Advocate Vishnu (Advocate)     07 January 2013

Pl pay the necessary challan amount that concerns only your flats .  you do not have to bear the brs amount of other flat owners. If there is going to be any demolition by the corporation , then the other owners will be served a notice to that extent and they will then comply by paying the necessary brs charges.

Naresh   10 December 2015

Hello sir,

I recently decided and gave advance amount for 3rd floor flat of under construction apartment which is of G+3 floor which come under Nizampet Gramp panchayat in Hyderabad. I recently came to know that Gram panchayat is giving permission for G+2 Floors. Same i asked to builder, he said that we are having approval from Gram panchayat for G+3 floors and we have to do BRS for the flat. Once BRS is done there will not be any problem and it comes under GHMC permission. But recently govt announced that BRS/LRS can be done for the properties which are registered before August 2015. I have to apply for home loan next month for the flat. 

Can we apply for the BRS once the registration is done. Is it good to buy the flat in such a case.

Please suggest me.

 

Thanks

Naresh

Kiran   20 June 2019

HI Naresh

May I know if you found any solution for above as I am also trying to buy a 4th floor flat in gp approved g+3 apartment.

Thanks for help.

priya khanna   30 December 2020

Hiii..i took a flat 3 years back in cash... since i belong to other state i wasnt aware of BRS scheme and the owner of the flat did not give me any such paper and registry was done... now i want to sell my flat but everyone is asking for brs papers.. i tried asking my previous owner but in vain..also i stay on the 4th floor but other flats in 4th floor and 5th floor have brs papers.. i dont even know if he applied for brs papers or not.. please help


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