The Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972)

Purpose and coverage

The Tamil Nadu Town and Country Planning Act, 1971, identified as Tamil Nadu Act 35 of 1972, was enacted by the Legislature of the State of Tamil Nadu to provide for planning the development and use of rural and urban land. It applies throughout Tamil Nadu except places declared as cantonments, and its provisions commence on dates appointed by the State Government through notification, which may differ by area or provision.

What the law governs

The Tamil Nadu Town and Country Planning Act, 1971 establishes the terminology used for land development, planning areas, development plans and planning authorities. Its definition of development includes building, engineering, mining and other operations on, over or under land, as well as material changes in the use of a building or land.

Development plans may include regional plans, master plans, detailed development plans and new town development plans. A planning area may be a regional planning area, local planning area or a site for a new town.

Who may be affected

The Tamil Nadu Town and Country Planning Act, 1971 is relevant to property owners, occupiers, developers, businesses, planning authorities and local authorities where land or buildings are developed or their use is materially changed. Its definitions are broad:

• A building includes houses, sheds, huts, walls other than boundary walls, certain movable structures, tents, boats and associated grounds.
• Building operations include erection, re-erection, roofing, substantial alteration or enlargement, certain changes affecting drainage, sanitation or structural stability, and constructing a door opening onto another person's street or land.
• Commercial use includes commerce, storage and offices.
• Industrial use includes using land or buildings for industry.
• Amenities include streets, parks, open spaces, water supply, electricity, lighting, sewerage, drainage and public utilities.

Activities excluded from development

The Tamil Nadu Town and Country Planning Act, 1971 excludes specified activities from its definition of development, including:

• Temporary building works that do not materially affect external appearance.
• Certain temporary road maintenance or improvement works by a local authority.
• Temporary inspection, repair or renewal of sewers, pipes, cables and similar apparatus by a local authority or statutory undertaker.
• Incidental use of land or buildings within a dwelling house's grounds for enjoyment of that dwelling.
• Use of land for agriculture, gardening or forestry, including afforestation, and associated buildings occupied with that land.