Presentation on

Building Penalisation Scheme

Town and Country Planning Department

Municipal Administration & Urban Development Department,
Andhra Pradesh.

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 Introduction
 Andhra Pradesh has experienced rapid growth of
urbanization during the last five decades.
 Urban population has increased from 282 lakhs (Total
Population 493.86) in 2011 to 320.60 lakhs in 2019.
 As per 2011 census the percentage of population living in
urban areas is 29.47 compared to 31.16 in the country.
 Andhra Pradesh has been making rapid strides in
economic development in the recent past.
 Consequently the migration to urban areas from villages
has increased manifold.
 There is a great spurt in construction activity to meet the
increased demand for buildings due to general economic
development and migration from rural areas.
 In this process of development, it is noticed that large
number of unauthorized layouts and unauthorized
buildings are cropping up in all urban areas.
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 Definition

“Unauthorized construction” means any

building that has been constructed in
violation of the sanctioned building plan
or without obtaining a building
permission from the sanctioning
authority.

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 What is Building Penalisation
Scheme (B.P.S.)
 Building Penalisation Scheme was introduced
to penalise the unauthorised constructions/
deviations as a one time measure.

 The scheme is applicable to the existing

buildings in the jurisdiction of all Municipal
Corporations, Municipalities and Urban
Development Authorities constructed before
the cutoff date notified by the Government.

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 Building Penalisation Scheme (B.P.S.)

 First time the Government vide G.O.Ms.No.419, MA, dt: 30-

07-1998 have issued comprehensive orders for Regularizing
the unauthorised constructions made from 01-01-1985 to
30-06-1998.

 Due to quashing of Govt. orders in regularisation of

unauthorised construction by Hon’ble High Court, Govt.
have enacted Act No.6, 2003 and regularised the buildings.

 Again in the following years, fresh rules are issued for BPS
by amending the relevant Municipal Laws
 2007 - G.O.Ms. No. 901 MA & UD (M) Department, dt: 31-12-2007.

 2015 - G.O.Ms. No. 128 MA & UD (M1) Department, dt: 22-05-2015.

 2019 - G.O.Ms. No. 14 MA & UD (M) Department, dt: 04-01-2019

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 Objectives of B.P.S.

 To bring all the unauthorized constructions into

planning fold and to regulate the development in
urban areas.

 To provide relief to several persons who have

purchased buildings without any knowledge about the
building regulations.

 To provide opportunity to the owners of the buildings

to regulate and penalize their unauthorized
constructions and deviations made to the sanctioned
plan.

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 Who can apply under B.P.S.

The following persons can apply under BPS:

1. Owner of the building

2. Registered G.P.A. Holder

3. Developer / Builder/ Association who has

developmental rights

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 Prior clearances in certain cases

Prior clearances are required in the following cases:

1. NOC from Fire Services Department is required in the following

cases:
 Residential buildings with 18 mtrs and above in height
 Commercial buildings above 15 mtrs in height
 Buildings of public congregation like Schools, Cinema
theatres, Function halls and other Assembly buildings on plot
area of 500 sq.m and above or of height above 6 mtrs.
2. NOC from Airport Authority of India for all multi-storied buildings
and also sites falling in Air funnel zone.

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 Penalization not to apply to certain sites

1. Encroachment on Government land or property

belonging to Public undertakings, Endowments, Wakf
Board, etc.;
2. Land for which the applicant has no title;
3. Surplus land declared under the Andhra Pradesh
Assigned Lands (POT) Act;
4. Buildings affected under alignment of any proposed
road under Master Plan.
5. Tank bed and Sikham lands, River Course / Drain /
Vagu any Water body ;
6. Prohibited buildings under the Coastal Regulation
Zone;
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 Penalization not to apply to certain sites (contd.,)

7. Layout/Master Plan open spaces/Areas earmarked for

Recreation Use in Master Plan/Zonal Development
Plan;
8. Buildings that are not in conformity with land use
approved in Master Plan/Zonal Development Plan /
Zoning Regulations.
9. Sites under legal litigation;
10.Area earmarked for parking as per sanctioned plan;
11.Buildings falling in ‘Capital City Area’ of Capital
Region Development Authority Area.

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 Consequences in case of failure to apply
Where an application for regulating and penalizing the
unauthorisedly constructed building has not been made,
the following consequences have to be faced :
a) The unauthorized construction would be treated
as continuing offence and exemplary penalty
would be levied as per Municipal Laws amended
recently.
b) A penalty of 25% on Property Tax shall be levied
till the unauthorized construction is demolished
or regulated.
c) Other enforcement action including demolition of
the building will be initiated.

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 B.P.S. – 2019 Scheme
 G.O.Ms. No. 14 MA & UD (M) Department, dt: 04-01-
2019
 It shall be applicable to the existing buildings
constructed after 1-1-1985 and before 31-08-2018.
 As per the Government Orders, filing of BPS-2019
application is closed on 31.08.2019.

 Applicant has to submit self computing tables,

indemnity bond, NOC from respective departments if
required and documents to be submitted along with
application with an amount of Rs. 10,000/- as initial
payment through online.

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 B.P.S. – 2019 Scheme (Contd.,)
 Under any circumstances the building / floors
constructed after cutoff date 31.08.2018 are not
eligible for penalization. If any Licensed Technical
Personnel (LTP) / applicant submits such buildings
for penalization, he will be black listed without any
notice.
 Huts, semi-permanent and RCC residential buildings
up to two storeys (G+1) in sites up to 100 sq m are
exempted from operation of these rules.
 Buildings constructed prior to 31-12-1997 are eligible
for reduction of 25% on penalization charges. In these
cases property tax receipt showing payment made
prior to 31-12-1997 shall be attached to the
application.
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 B.P.S. – 2019 Scheme (Contd.,)
 In case of residential buildings falling in slums already
identified / notified by the ULBs, only 50% of
penalization charges shall be levied.

 After that, TP Staff will do site inspection and verify

that the building is constructed as per rules &
regulations and further if applicant has paid total
penal amounts then proceedings/approval letter will
be issued to the applicant.
 All Penal Charges payable under these rules shall be
payable through online payment instruments such as
Credit Cards, Debit Cards / Net Banking / UPI / NEFT
/RTGS / Meeseva / Wallet only through the website.

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 B.P.S. – 2019 Scheme (Contd.,)
 Buildings constructed in unauthorized layouts shall
also be regularized by collecting penal amount charges
as prescribed in G.O.Ms No 902 MA&UD Dept. dated
31-12-2007 as subsequently amended. For such cases
market value shall be considered as on 01.08.2018 for
calculation of penal charges. Proportionate Open
Space charges will be levied as per the value.
 The applications which were filed under previous
BPS/LRS 2007 & BPS 2015 and at various stages are
deemed to have been rejected. However the penal
charges paid in such cases can be adjusted in the
present scheme if applied under these Rules, on the
request of the applicant with relevant details.

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 BASIC PENALISATION CHARGES (Rupees per Sq. feet of Built up area)
FOR INDIVIDUAL RESIDENTIAL BUILDINGS, INSTITUTIONAL BUILDINGS,
INDUSTRIAL BUILDINGS AND COMMERCIAL BUILDINGS
Plot size
301 to 500 sq.m 501 to 1000 sq.m Above 1000 sq.m
Occupancy or Use 101 to 300 Above 30% Upto Above 30% Above 30%
Upto Upto 30% Upto 30%
sq.m deviation / totally 30% deviation / totally deviation totally
100 sq.m deviation deviation
unauthorized deviation unauthorized unauthorized
1 2 3 4 5 6 7 8 9
Individual Residential
40 60 80 100 100 120 150 200
Buildings and Hostels
Industrial buildings and
40 60 80 100 100 120 150 200
Godowns, Poultry Farms, etc.,
Institutional Buildings (Schools,
Colleges, Hospitals, Nursing
homes, clinics, Research
Institutions, Libraries,
40 60 90 110 110 130 165 220
Cultural Institutions, Religious
& Charitable buildings)
Commercial Buildings
(function halls, hotels, Lodges,
Restaurants, shopping
complexes, banks, Cinema
theaters, multiplexes, malls, IT 80 120 160 200 200 250 300 400
/ ITES offices and Private
Offices)
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 BASIC PENALIZATION CHARGES
FOR MULTIPLE DWELLING UNITS / FLATS / APARTMENT COMPLEXES / INDIVIDUAL
BUILDING CONVERTED INTO APARTMENTS/SERVICE APARTMENTS
Builtup area Basic Penalization Charges per Flat Basic Penalization Charges for
of Flat constructed in deviation to Unauthorized Floors (per Sq.ft.
(In Sq.ft) Sanctioned Plan in permitted floors of Built up area)
1 2 3
Up to 600 Rs.20,000 Rs.120
601 to 1200 Rs.40,000 Rs.150
1201 to 2000 Rs.60,000 Rs.180
Above 2000 Rs.80,000 Rs.200

PENALIZATION CHARGES WITH REFERENCE TO THE LAND VALUE

Market Value of the land as on 01.08.2018 (Sub- Penalization Charges
(% of basic penalization
Registrar value) [per sq.yard in Rupees)
amount)
Above 25,000 100%
10,001 to 25,000 80%
5,001 to 10,000 70%
1,001 to 5,000 60%
Up to 1,000 50%
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Model-1: Calculation sheet for regularisation of the
Residential Building (completely unauthorised):

Plot Area = 266.66 Sq.Mts.

Regularisation fee for 1 Sq. Ft. = Rs. 60
Built up Area = 1000 Sq. Ft.
Basic Penal charges : 1000 X 60 = 60,000/-
Market Value of the land Penalization Charges Amount to be paid
as on 1.08.2018 (Sub- (% of basic (in Rupees)
Registrar value) [Per sq. penalization amount)
yard in Rupees]

Upto 1,000 50% 30,000/-

1,001 to 5,000 60% 36,000/-
5,001 to 10,000 70% 42,000/-
10,001 to 25,000 80% 48,000/-
Above 25,000 100% 60,000/-

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Model-2: Calculation sheet for regularisation of the
Residential Building (in deviation):

Plot Area = 266.66 Sq.Mts.

Built up area as on ground: 30’ X 48’ = 1,440 Sq. Ft.
Sanctioned Built up area: 25’ X 40’ = 1,000 Sq. Ft.
Deviation to Sanctioned Plan : 25’ X 40’ = 440 Sq. Ft.
Regularisation fee for 1 Sq. Ft. = Rs. 60
Basic Penal charges : 440 X 60 = 26,400/-

Market Value of the land as on Penalization Charges Amount to be paid

1.08.2018 (Sub-Registrar value) (% of basic penalization (in Rupees)
[Per sq. yard in Rupees] amount)
Upto 1,000 50% 13,200/-
1,001 to 5,000 60% 15,840/-
5,001 to 10,000 70% 18,480/-
10,001 to 25,000 80% 21,120/-
Above 25,000 100% 26,400/-
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Model-3: Calculation sheet for regularisation of the
Apartment (in deviation):

Built up area as on ground = 1,000 Sq. Ft.

Sanctioned Built up area = 850 Sq. Ft.
Deviation to Sanctioned Plan = 150 Sq. Ft.
Regularisation fee for 1 Flat = Rs. 40,000/-
(for Built up area of Flat from 601 to 1200 Sq. Ft.)

Market Value of the Penalization Charges Amount to be

land as on 1.08.2018 (% of basic paid
(Sub-Registrar value) penalization amount) (in Rupees)
[Per sq. yard in Rupees]
Upto 1,000 50% 20,000/-
1,001 to 5,000 60% 24,000/-
5,001 to 10,000 70% 28,000/-
10,001 to 25,000 80% 32,000/-
Above 25,000 100% 40,000/-
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 BPS – 2019 Login Screen
Website URL : www.bps.ap.gov.in

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 BPS – 2019 Application

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 BPS – 2019 Application (Contd.,)

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 To upload documents in the Application after
submitting the Applicant & Building details

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 To Pay Initial Amount

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THANK YOU