G.O.Ms.No.140, Amendment to Regulation for Grant of Transfer of Development Rights, 2009
The Housing and Urban Development (UD I) Department issued Government Order G.O.Ms.No.140 dated August 6, 2009, amending the Transfer of Development Rights regulation in the Second Master Plan for Chennai Metropolitan Area, 2026. For surrendered land qualifying for FSI of 2.00 or more, the amendment allows additional FSI of 0.25 through Transfer of Development Rights.
What the government changed
The Housing and Urban Development (UD I) Department, through Government Order G.O.Ms.No.140 dated August 6, 2009, added a provision to regulation 6 of the regulations for granting Transfer of Development Rights in Annexure XXI of the Development Regulations for Chennai Metropolitan Area, 2026.
The added provision states:
- Where surrendered land qualifies for FSI of 2.00 or more, the additional FSI allowed through Transfer of Development Rights is 0.25.
The Government also approved the corresponding variation to the Second Master Plan for Chennai Metropolitan Area, 2026. The Works Manager of the Government Central Press was directed to publish the appended notification in the next issue of the Tamil Nadu Government Gazette, and the Member Secretary of the Chennai Metropolitan Development Authority was directed to take further action.
Why the amendment was made
The earlier Transfer of Development Rights formula calculated FSI credit using the surrendered land area, an FSI of 1.5, and a factor based on the guideline values of the surrendered land and the receiving land. Transfer of Development Rights also included an incentive based on one and a half times the guideline value.
The Special Initiatives Department raised concerns that assuming FSI uniformly at 1.5 could make the scheme unattractive for land with higher eligible FSI. The material placed before the Government showed:
- Eligible FSI of 2.00 produced a gain of 0.25 under the earlier calculation.
- Eligible FSI of 2.25 produced no gain.
- Eligible FSI of 2.5 produced a loss of 0.25.
The concern was particularly relevant to major arterial roads, where many plots could potentially qualify for FSI of 2.5.
Who may be affected
Government Order G.O.Ms.No.140 dated August 6, 2009, is relevant to owners surrendering land and seeking Transfer of Development Rights under the Development Regulations for Chennai Metropolitan Area, 2026. It is also relevant to buyers and professionals assessing the development potential or Transfer of Development Rights benefits connected with surrendered land.
The specific additional FSI provision applies only where the surrendered land qualifies for FSI of 2.00 or more. The order does not set out a separate provision for surrendered land qualifying for FSI below 2.00.
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
What additional FSI is available if my surrendered land qualifies for FSI of 2.00 or more?
Government Order G.O.Ms.No.140 dated August 6, 2009, allows additional FSI of 0.25 through Transfer of Development Rights for surrendered land qualifying for FSI of 2.00 or more.
Does the amendment apply outside the Chennai Metropolitan Area?
The source applies the amendment to the Development Regulations forming part of the Second Master Plan for Chennai Metropolitan Area, 2026. It does not state that the amendment applies outside that area.
Why did the Government change the Transfer of Development Rights provision?
The Government considered concerns that the earlier formula offered little or no incentive for land with higher eligible FSI and could create a disincentive where eligible FSI was 2.5.
Was publication in the Tamil Nadu Government Gazette required?
Yes. Government Order G.O.Ms.No.140 dated August 6, 2009, directed the Government Central Press to publish the appended notification in the next issue of the Tamil Nadu Government Gazette.
