Tamil Nadu Assessment and Collection of a amount for Exemption of Buildings Rules, 2012 (go235)

What the rules govern

The Tamil Nadu Assessment and Collection of a amount for Exemption of Buildings Rules, 2012 govern the assessment and collection of an additional amount for exempting eligible building developments under section 113-C of the Tamil Nadu Town and Country Planning Act, 1971. The amount is charged separately from ordinary development fees and other charges.

The rules apply to areas covered by the Tamil Nadu Town and Country Planning Act, 1971. They may affect owners or applicants dealing with buildings constructed without approval or with deviations from an approved plan.

How developments are assessed

The competent authority must consider the unauthorised or deviated development in its entirety and classify it using the rules that applied in the relevant area on 1 July 2007.

Key provisions include:

• An exemption amount may be levied on unauthorised or deviated floor area involving floor space index, setback requirements, or road or street width requirements.
• An already approved portion of a deviated development is not liable for the exemption amount if its approved use remains unchanged and is permissible at the site.
• If development was made without approval, or exceeded an earlier approval, but the whole development complies with the relevant rules applicable on 1 July 2007, only development charges and other normally applicable charges at current rates are collectible.
• Previously paid fees or charges must be adjusted when proof of payment is provided.

Limits on eligible violations

A road or street width shortage must not exceed 20 per cent of the minimum required width. A greater shortage makes the application ineligible under these rules. For an eligible case, the shortage in land area is calculated by multiplying the road width shortage by the site width. The exemption amount is then based on that area and a multiple of the prevailing land guideline value, according to Table I referred to in the rules.

Front, rear and side setback shortages must not exceed 50 per cent of the respective minimum setback requirement. If the shortage exceeds that limit, the application is rejected. For eligible setback violations, the additional floor area constructed within the required setback is calculated for each floor.

Competent authorities

The competent authority depends on location and 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 specified planning authority or regional Town and Country Planning officer for Town Panchayats and Village Panchayats outside the Chennai Metropolitan Area.