G.O.(Ms).No.79, Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 (go79)
The Housing and Urban Development [UD4(3)] Department issued Government Order G.O.(Ms).No.79 dated 4 May 2017, notifying rules for changing agricultural land to non-agricultural purposes in non-planning areas. The rules require an application to the local authority, prior concurrence from the Director, official review of the land and payment of scrutiny and land use conversion charges before development permission is granted.
What the rules govern
The Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 apply to development in non-planning areas. They came into force at once and establish the process for obtaining permission to change agricultural land to a non-agricultural purpose.
A person proposing development must apply in Form I to the municipality, town panchayat or village panchayat where the land is located.
Approval process and charges
The Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 require the following steps:
- The applicant must pay a non-refundable scrutiny fee of Rs.1,000 per plot to the local authority.
- The local authority must obtain the Director's prior concurrence before granting development permission.
- For wet land, the Director must obtain the Collector's prior concurrence.
- For dry land, the Director must obtain a report from the Joint Director of Agriculture.
- After receiving the Director's concurrence, the local authority must collect a land use conversion charge equal to 3 percent of the market value fixed under section 47-AA of the Indian Stamp Act, 1899.
- The local authority deposits the conversion charge in the Government account and grants development permission.
Land and site checks
The Collector's review under the Tamil Nadu Change of Land Use Rules examines revenue records, irrigation sources, cultivation status, agricultural productivity, surrounding development, sanitation, wastewater disposal and drainage. The review must ensure that irrigation channels and natural storm water drains are not obstructed, and that the proposal does not cause groundwater depletion or inundation nearby.
Permission is restricted where land involves:
- Public water bodies, including channels, canals, tanks, lakes and rivers.
- Government poromboke land, temple land, wakf property or land belonging to religious or charitable institutions.
- Encroachment or land over which the applicant lacks ownership rights.
- High tension or extra high voltage electricity alignments, including tower lines.
- Proposed road or rail corridors.
- Blocked access to surrounding land.
Documents buyers and owners should check
The application checklist requires ownership documents, road access certification, survey records, patta, chitta or Town Survey Land Records, a site plan, and relevant layout or subdivision plans. It also requires a surrounding area plan and an encumbrance certificate for 13 years issued not more than 30 days before the application.
Water bodies within or adjoining the site must be shown on the plans. Certain alternative channel alignments, culverts and plots near a watercourse require a no objection certificate from the relevant authority.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can I begin construction while my land use application is being processed?
No. The applicant must agree not to proceed until the local authority issues permission and must also obtain permission required under the relevant local body laws.
Who reviews an application involving wet agricultural land?
The Director must obtain the Collector's prior concurrence for wet land. The Collector may inspect the site with the Deputy Director of Town and Country Planning and other relevant officials.
What charges apply to the land use change application?
The applicant must pay a non-refundable scrutiny fee of Rs.1,000 per plot. After the Director gives prior concurrence, the local authority collects a conversion charge of 3 percent of the applicable market value.
Can agricultural land containing a canal or other watercourse be developed?
Public water bodies cannot form part of the proposed development. Watercourses within or next to the site must be shown on the plans, and specified alternative alignments or culverts require a no objection certificate from the concerned authority.
