Tamil Nadu Guidelines for the Exemption of Buildings and Assessment and Collection of amount for Exemption, 2012 (go234)

What the guidelines govern

The Tamil Nadu Guidelines for the Exemption of Buildings and Assessment and Collection of amount for Exemption, 2012 apply to areas covered by the Tamil Nadu Town and Country Planning Act, 1971. They govern applications to exempt buildings or classes of buildings completed on or before 1 July 2007 that deviated from provisions of the Act, rules or regulations.

The competent authority depends on the location and type of local body. It may be the Chief Planner of the Chennai Metropolitan Development Authority or a designated authority, a Municipal Corporation Commissioner, a Municipal Commissioner, or the relevant planning authority or regional Town and Country Planning officer.

Who is affected

The Tamil Nadu Guidelines for the Exemption of Buildings and Assessment and Collection of amount for Exemption, 2012 affect owners seeking exemption for an eligible building. An applicant without any right over the land or building must be rejected.

For exemption of an entire flat development, the application must be made jointly by more than fifty per cent of the flat owners, or by their association when authorised by a resolution. The applicants must pay the self-assessed amount for the total violated area and undertake to pay any balance, fees and charges.

Main application requirements

An application must be submitted in Form A with supporting records, including:

• Five signed copies of plans showing the actual construction and use.
• Conclusive proof that construction was completed before 1 July 2007.
• A notarised ownership document and, where available, the earlier approved plan.
• An attested patta with Field Measurement Book sketch or Permanent Land Register extract.
• An attested property tax worksheet showing floors and built-up area existing on or before 1 July 2007.
• Certificates covering lighting and ventilation, structural safety and, where applicable, fire safety.
• Tamil Nadu Pollution Control Board clearance for industrial development, including cottage industry.
• A scrutiny fee of Rs. 4.50 per square metre of total floor area.
• A declaration of road width, setback and floor area violations, with a self-assessment of the exemption amount.
• Advance payment of the self-assessed amount and a notarised undertaking to pay any balance and other applicable charges.

Important eligibility limits

A building cannot be considered if it encroaches, including aerially, on a public road, poramboke land, local authority land, open space, recreational area or water body. Development in restricted Aquifer Recharge Areas or Red Hills Catchments Areas is also excluded.

Required parking must be provided on the premises or within 250 metres. Nearby parking must be owned or held under a lease of at least 30 years. Road width violation cannot exceed 20 per cent, setback violation cannot exceed 50 per cent, and floor space index cannot exceed 50 per cent of the allowable limit. Building activity must also conform to land use zoning.