Primary law, Tamil Nadu land law
Amendment to the Tamil Nadu Panchayat Building Rules, 1997
The Rural Development and Panchayat Raj (PR.II) Department issued G.O. (Ms.) No. 166, dated 28 October 2008, amending the Tamil Nadu Panchayat Building Rules, 1997. The amendment exempts specified government and temporary hospital buildings from the rules, creates a process for granting other exemptions, and makes clear that an exemption is not construction approval or permission.
What the amendment does
The Rural Development and Panchayat Raj (PR.II) Department issued G.O. (Ms.) No. 166, dated 28 October 2008, to add rules 36 and 37 to the Tamil Nadu Panchayat Building Rules, 1997. The amendment identifies buildings that are automatically exempt and allows the Government, or an authority empowered by the Government, to grant exemptions in other cases.
The notification was to be published in the Tamil Nadu Government Gazette Extraordinary dated 28 October 2008. The Governor of Tamil Nadu made the amendment using powers under the Tamil Nadu Panchayats Act, 1994.
Buildings exempt from the rules
Rule 36 exempts the following buildings from the operation of the Tamil Nadu Panchayat Building Rules, 1997:
- Any building owned by the State Government or Central Government.
- Any building constructed, reconstructed, altered or extended by the Government, or intended for such work, where the plan and manner of work are approved or directed under applicable statutory provisions.
- Any building constructed, reconstructed, altered or extended, or intended for such work, solely to function as a temporary hospital for receiving and treating people suffering from infectious disease.
Other exemptions and appeals
Rule 37 allows the Government, or another authority empowered through a notification in the Tamil Nadu Government Gazette, to exempt a building or specified class of buildings from all or any provisions of the rules. The exemption may be granted on the authority's own initiative or following an application, and reasons must be recorded in writing.
Key time limits are:
- An application concerning an order of the executive authority must be made within sixty days from receiving that order.
- An appeal to the Government against an order of an empowered authority must be made within thirty days from receiving that order.
- The Government or empowered authority may excuse a delay, but must record the reasons in writing.
What property owners should note
An exemption granted under rule 37 does not count as approval or permission to construct or reconstruct a building where approval or permission is required under the Tamil Nadu Panchayats Act, 1994. A buyer, owner or professional relying on an exemption must therefore distinguish it from the separate permission required for building work.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Are all State Government and Central Government buildings exempt?
Yes. Rule 36 exempts any building that is the property of the State Government or Central Government from the Tamil Nadu Panchayat Building Rules, 1997.
Does an exemption allow me to start construction?
No. An exemption under rule 37 is not treated as construction or reconstruction approval or permission required under the Tamil Nadu Panchayats Act, 1994.
How long do I have to apply after receiving an order from the executive authority?
The application must be made within sixty days from the date you receive the executive authority's order. The Government or empowered authority may excuse a delay for reasons recorded in writing.
Can I appeal an exemption decision made by an empowered authority?
Yes. An appeal may be made to the Government within thirty days from receiving the empowered authority's order, and the Government may pass such orders as it considers fit.
