G.O.(Ms).No.82, Amendments to the Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2017
The Housing and Urban Development [UD4(3)] Department issued G.O. (Ms.) No. 82, dated 21 June 2018, amending the Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2017. The amendments extend a period from twelve months to eighteen months, require applicants to calculate and submit regularisation fees online, revise scrutiny by the Competent Authority, and replace the fee schedule for building violations.
What the amendment governs
G.O. (Ms.) No. 82 of the Housing and Urban Development [UD4(3)] Department, dated 21 June 2018, amends the Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2017. The rules concern applications for exemption of buildings under section 113-C of the Tamil Nadu Town and Country Planning Act, 1971.
The notification was directed to be published in the Tamil Nadu Government Gazette Extraordinary dated 21 June 2018.
Who is affected
The amendments affect applicants seeking exemption for building violations and the Competent Authority responsible for examining those applications. They cover residential, commercial, institutional and industrial uses, with different amounts for ordinary, special and multi-storied buildings.
Application and scrutiny changes
The amendments make the following changes:
- The words “within twelve months” are replaced with “within eighteen months”.
- An applicant must assess the violation in the building, calculate the applicable regularisation fees prescribed in Annexure-II, and submit the calculation online.
- The Competent Authority must scrutinise the exemption application together with the structural stability certificate and other site and building data.
- The Competent Authority must decide whether corrective measures are required and communicate them to the applicant.
Amount for Floor Space Index violations
The substituted Annexure-II calculates the amount using the guideline value of equivalent land for the violated floor area:
- Residential: 0.01 for ordinary buildings, 0.10 for special buildings and 0.25 for multi-storied buildings.
- Commercial: 0.05 for ordinary buildings, 1.00 for special buildings and 1.25 for multi-storied buildings.
- Institutional and industrial: 0.03 for ordinary buildings, 0.25 for special buildings and 0.50 for multi-storied buildings.
Each figure is multiplied by the guideline value of equivalent land for the violated floor area.
Road width and setback violations
A single regularisation penalty replaces separate penalties for road width and setback violations. It is charged as a multiple of Infrastructure and Amenities Charges on excess Floor Space Index above the normally permissible Floor Space Index:
- Floor Space Index achieved up to 1.5: 100 per cent.
- Floor Space Index achieved between 1.5 and 3.0: 200 per cent.
- Floor Space Index achieved above 3.0: 300 per cent.
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Common questions
Do I have to calculate the regularisation fee myself?
Yes. The applicant must assess the building violation, calculate the applicable regularisation fee under Annexure-II and submit it online.
What documents will the Competent Authority examine?
The Competent Authority must examine the application, structural stability certificate, and other information relating to the site and building.
Are road width and setback penalties charged separately?
No. The amendment provides for a single regularisation penalty instead of separate penalties for road width and setback violations.
Does the fee differ by building use and type?
Yes. Annexure-II provides different calculations for residential, commercial, institutional and industrial uses, and for ordinary, special and multi-storied buildings.
