The Tamil Nadu Public Buildings (Licensing) Act, 1965

What the Act governs

The Tamil Nadu Public Buildings (Licensing) Act, 1965 regulates the use of buildings as public buildings throughout Tamil Nadu. A building covered by the definition is a structure made from any material with a floor area of at least one hundred square metres.

Public buildings include buildings used as:

• Schools, tutorial schools, colleges, tutorial colleges, universities or other educational institutions.
• Hostels and libraries.
• Hospitals, nursing homes, dispensaries, clinics or maternity centres.
• Clubs.
• Lodging houses, boarding houses or hotels.
• Choultries.
• Places ordinarily used for public meetings, marriage functions or parties.

Who is responsible

The Tamil Nadu Public Buildings (Licensing) Act, 1965 places responsibility on the owner. For this purpose, an owner can include a lessee, licensee, mortgagee in possession, managing trustee, agent, correspondent, manager, superintendent, secretary, or another person or authority entrusted with possession and control of the building.

The competent authority is a person or authority authorised by the State Government through notification for a specified area or class of public buildings.

Licensing requirements

The Tamil Nadu Public Buildings (Licensing) Act, 1965 provides that:

• A building that was not already used as a public building when the Act commenced cannot be used as one without a licence.
• An existing public building could not continue to be used without a licence after one year from commencement.
• An owner intending to use a building as a public building must apply in writing to the competent authority.
• The application must state the owner's name and address, the building's location and description, its proposed or current use, and any other prescribed particulars.
• An application may include a structural soundness certificate in the prescribed form from a qualified engineer.

The competent authority must grant a licence when satisfied that the building can safely be used for the stated purpose and is structurally sound. Otherwise, it must refuse the application by written order. For a building that was not an existing public building, the decision must be made and communicated within three months after receipt of the application.

Other controls

The Tamil Nadu Public Buildings (Licensing) Act, 1965 also lists provisions covering renewal, fresh licensing after additions or alterations, temporary licences, suspension or cancellation, appeals, entry into public buildings, prohibition of unsafe use, penalties and exemptions.