Guidelines for the Exemption of Buildings, 2017 (go111)

What the Guidelines govern

The Guidelines for the Exemption of Buildings, 2017 apply to areas covered by the Tamil Nadu Town and Country Planning Act, 1971. They cover buildings or classes of buildings developed on or before 1 July 2007 that deviate from provisions of the Act, rules or regulations.

Eligible individual building owners and building promoters were required to apply online in Form A to the appropriate competent authority within six months from notification. Filing an application does not by itself prevent enforcement action unless the competent authority orders otherwise.

Who handles applications

The competent authority depends on the location and building type:

• In the Chennai Metropolitan Area, specified Category A building applications are handled by the relevant Greater Chennai Corporation Commissioner, municipal authority, Town Panchayat Executive Officer or Panchayat Union Block Development Officer.
• Other building applications in the Chennai Metropolitan 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 authority.
• Buildings other than ordinary buildings are handled by the relevant regional Town and Country Planning officer or planning authority.
• Multi-storied building applications are received and processed by the Director of Town and Country Planning, Chennai, who issues concurrence for the appropriate authority to pass orders.

Key application requirements

An applicant must have rights over the land or building. Applications from persons without such rights must be rejected.

Required material includes:

• Five copies of plans showing the existing construction and use, with the required signatures.
• Proof that the construction existed in its present form on 1 July 2007.
• A self-attested ownership document.
• Any earlier approved plan for development within the plot.
• Patta with Field Measurement Book sketch, or a Permanent Land Register extract, attested by the relevant revenue official.
• Fire and Rescue Services documents for commercial special buildings, all multi-storied buildings and all public buildings.
• Structural stability certification for special buildings, group developments and multi-storied buildings. A Civil Engineer's certification is sufficient for an ordinary building.
• Tamil Nadu Pollution Control Board clearance for industrial development, including cottage industry.

The scrutiny fee is Rs. 1 per square foot for ordinary buildings and Rs. 2 per square foot for other buildings, payable online with the application.

Limits on exemption

Eligible development must comply with applicable aviation, defence, nuclear installation, coastal zone, archaeological monument and electricity clearance requirements. Development within 15 metres of a water body is subject to conditions imposed by the Public Works Department or the local body's executive authority. A building with any encroachment, including aerial encroachment onto a public road or street, cannot be considered for exemption.