G.O. (Ms.) No. 82, Amendments to the Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2017
The Government of Tamil Nadu, Housing and Urban Development [UD4(3)] Department, issued G.O. (Ms.) No. 82 dated 21 June 2018 to amend the Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2017. The amendments extend a period from twelve months to eighteen months, require online submission of assessed violations and regularisation fees, revise scrutiny by the Competent Authority, and replace the fee schedule for building violations.
What the government order changes
G.O. (Ms.) No. 82 dated 21 June 2018 amends the Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2017, made for exemption applications under section 113-C of the Tamil Nadu Town and Country Planning Act, 1971. The appended notification was directed to be published in the Tamil Nadu Government Gazette Extraordinary dated 21 June 2018.
Who is affected
G.O. (Ms.) No. 82 affects applicants seeking exemption for building violations under section 113-C. It is relevant where the amount payable depends on the building use, building category, guideline value of equivalent land, and violated floor area.
The Competent Authority must examine exemption applications together with the structural stability certificate and other site and building information. It must decide whether corrective measures are needed and communicate them to the applicant.
Application and scrutiny provisions
The amended Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2017 provide that:
- The words “within twelve months” are replaced with “within eighteen months”. The supplied text does not state the event from which this period is calculated.
- The applicant must assess the building violation, calculate the applicable regularisation fees under Annexure-II, and submit the assessment and fees online.
- The Competent Authority must scrutinise the application, structural stability certificate, and other site and building data.
Floor Space Index violation amounts
The replacement Annexure-II calculates the exemption amount as a multiple of the guideline value of equivalent land for the violated floor area:
- Residential: 0.01 for an ordinary building, 0.10 for a special building, and 0.25 for a multi-storied building.
- Commercial: 0.05 for an ordinary building, 1.00 for a special building, and 1.25 for a multi-storied building.
- Institutional and industrial: 0.03 for an ordinary building, 0.25 for a special building, and 0.50 for a multi-storied building.
Road width and setback violations
The replacement Annexure-II provides for a single regularisation penalty instead of separate penalties for road width and setback violations. The penalty is linked to multiples of Infrastructure and Amenities Charges on excess Floor Space Index above the normally permissible Floor Space Index, with categories based on the Floor Space Index achieved.
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Common questions
Do I have to submit my building violation assessment online?
Yes. G.O. (Ms.) No. 82 requires the applicant to assess the violation, calculate the applicable regularisation fees under Annexure-II, and submit them online.
Did the application period change?
Yes. The amendment replaces “within twelve months” with “within eighteen months”. The supplied text does not identify the event from which the eighteen months runs.
What documents will the Competent Authority examine?
The Competent Authority must scrutinise the exemption application, structural stability certificate, and other information relating to the site and building. It must also decide on any corrective measures and inform the applicant.
Are road width and setback violations charged separately?
No. The replacement Annexure-II provides for a single regularisation penalty instead of separate penalties for road width and setback violations.
