G.O.(Ms).No.95, Extension of Cut-off Date for Unauthorized Sub-divisions and OSR Charges, 2023

What the government order changes

The Housing and Urban Development [UD4(1)] Department issued G.O.(Ms).No.95 dated 4 August 2023. It extends the cut-off date to 20 October 2016 for examining unauthorized sub-divisions and calculating OSR charges when planning permission is sought for qualifying plots registered on or before that date.

Earlier scrutiny used dates of 5 August 1975 in the Chennai Metropolitan Area, 29 November 1972 in rural areas and 1 January 1980 in urban areas under the Director of Town and Country Planning. The government accepted proposals from the Chennai Metropolitan Development Authority and the Director of Town and Country Planning to use 20 October 2016 instead.

Who may be affected

G.O.(Ms).No.95 may affect owners, buyers, developers and professionals applying for planning permission for development on plots in old unauthorized layouts or sub-divisions.

The benefit applies where:

• The plot or site was registered on or before 20 October 2016.
• The site proposed for development is described as a “plot” or “IDomoor” in the document registered on or before that date.
• Charges and fees prescribed under the Regularization Scheme, 2017 are collected.

For other cases, the normally applicable charges may be collected.

Key provisions

• The common cut-off date is 20 October 2016 for examining unauthorized sub-division and calculating OSR charges in covered planning permission applications.
• The Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017 do not otherwise apply to these cases, except for collection of the charges and fees prescribed under those rules.
• Existing rules concerning reservation of OSR continue without change.
• The change is intended to avoid lengthy scrutiny of documents going back to the earlier cut-off dates.
• The government did not accept the Chennai Metropolitan Development Authority proposal described in the document for revised OSR charge slabs. The document notes that the proposed slabs could impose substantial costs on small residential proposals.

Practical significance

G.O.(Ms).No.95 changes how authorities examine eligible planning permission applications involving older unapproved layouts and sub-divisions. Applicants should check the registration date and the description of the site in the registered document, because both determine whether the extended cut-off treatment is available.