Tamil Nadu Assessment and Collection of a amount for Exemption of Buildings Rules, 2012 (2012)

What the rules govern

The Tamil Nadu Assessment and Collection of a amount for Exemption of Buildings Rules, 2012 apply to areas covered by the Tamil Nadu Town and Country Planning Act, 1971. They govern the assessment and collection of an amount for exempting building development covered by section 113-C of that Act.

The rules may affect owners or applicants whose buildings were constructed without approval or differ from an approved plan. They assess deviations against the planning rules that prevailed in the relevant area on 1 July 2007.

Who handles assessment

The Tamil Nadu Assessment and Collection of a amount for Exemption of Buildings Rules, 2012 identify different competent authorities:

• For Town Panchayats and Village Panchayats in the Chennai Metropolitan Area, the Chief Planner of the Chennai Metropolitan Development Authority or an authority designated by him.
• For a Municipal Corporation, its Commissioner.
• For a Municipality, its Municipal Commissioner.
• For Town Panchayats and Village Panchayats outside the Chennai Metropolitan Area, the relevant planning authority official listed in the rules.

Key assessment provisions

The Tamil Nadu Assessment and Collection of a amount for Exemption of Buildings Rules, 2012 provide that:

• An unauthorised or deviated development is considered in its entirety.
• Charges for exemption may apply to unauthorised or deviated floor area involving floor space index, setbacks and road or street width.
• An already approved portion is not charged where its approved use remains unchanged and is permissible at the site.
• If development lacks prior approval or exceeds an approval but fully complies with the relevant rules prevailing on 1 July 2007, only current development charges and other normal charges are collectable. Earlier payments must be adjusted where proof is provided.
• The exemption amount is additional to ordinary fees and charges.

Limits on qualifying violations

The Tamil Nadu Assessment and Collection of a amount for Exemption of Buildings Rules, 2012 allow a road or street width shortage of no more than 20 per cent. The affected land area is calculated by multiplying the width shortage by the site width, and the amount is based on that area and a multiple of the applicable guideline value.

Front, rear and side setback shortages must not exceed 50 per cent of the required minimum setback. Applications exceeding these road width or setback limits do not qualify for assessment and must be rejected.