G.O.(Ms).No.110, Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2017

What the rules govern

The Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2017 apply to areas covered by the Tamil Nadu Town and Country Planning Act, 1971. They cover buildings completed on or before 1 July 2007 that deviate from specified planning requirements. Hill areas within the Hill Area Conservation Authority are excluded, and vacant sites or plots cannot be regularised under this process.

The planning requirements considered include road width, setbacks, Floor Space Index, vehicular parking and Open Space Reservation. The applicable standards depend on whether the property is in the Chennai Metropolitan Planning Area or an area administered by the Directorate of Town and Country Planning.

Who handles applications

The competent authority depends on the location and building category:

• In the Chennai Metropolitan Planning Area, specified Category A buildings are handled by the relevant Greater Chennai Corporation Commissioner, Municipal Commissioner, Town Panchayat Executive Officer or Panchayat Union Block Development Officer.
• Other buildings in the Chennai Metropolitan Planning Area are handled by the Member-Secretary of the Chennai Metropolitan Development Authority.
• In Directorate of Town and Country Planning areas, ordinary buildings are handled by the relevant local body authority.
• Other buildings are handled by the relevant field office, planning authority, Regional Deputy Director or Assistant Director.
• Multi-storied building applications are received and processed by the Director of Town and Country Planning, with suitable orders passed through the relevant authority.

Key application requirements

• Applications were required to be filed online within six months from notification.
• Applicants must self-assess violations and pay the full applicable regularisation amount. Detected under-assessment can result in rejection, forfeiture of the amount and enforcement action.
• Offsite parking must be within 500 metres, supported by ownership or lease documents with at least 33 years of validity.
• Special buildings, group developments and multi-storied buildings require structural stability certification from a registered Structural Engineer in consultation with the competent Geo-Technical Engineer.
• Ordinary buildings require certification by a Registered Civil Engineer.
• Commercial special buildings, all multi-storied buildings and all public buildings require certificates from the Directorate of Fire and Rescue Services.
• Plans must be signed by the appropriate Registered Architect, Registered Civil Engineer or Licenced Surveyor.
• The scrutiny fee is Rs.1 per square feet for ordinary buildings and Rs.2 per square feet for other buildings.

Earlier applications

Eligible pending appeals may be transferred to the competent authority. Certain rejected or refused applicants may apply afresh within 30 days. Fees already paid under earlier regularisation applications may be adjusted where the stated conditions are met.