G.O.(Ms) No.112, Tamil Nadu Real Estate (Regulation and Development) Rules, 2017
The Housing and Urban Development [UD1(2)] Department issued G.O.(Ms) No.112 dated 22 June 2017, approving and notifying the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017. The rules came into force on 22 June 2017 and establish state requirements for real estate project registration, promoter disclosures and the treatment of ongoing projects under the Real Estate (Regulation and Development) Act, 2016.
What the rules govern
The Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 implement the Real Estate (Regulation and Development) Act, 2016 in Tamil Nadu. They support the registration and regulation of real estate projects through the Real Estate Regulatory Authority, including disclosure requirements for promoters and special treatment for certain ongoing projects.
The Government of Tamil Nadu prepared the rules after discussions with the Director of Town and Country Planning, Chennai Metropolitan Development Authority officials and promoter associations. Public objections and suggestions were also considered.
Who is affected
The Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 principally affect:
- Promoters applying to register real estate projects.
- Promoters of ongoing projects that do not fall within the stated exclusions.
- Landowners who permit another person to develop their land.
- Buyers and allottees in registered or ongoing projects.
- Projects within and outside the Chennai Metropolitan Area.
Project registration documents
A promoter applying for project registration must provide the information required under the Act together with additional records, including:
- The promoter's authenticated PAN card copy and audited balance sheet for the preceding financial year.
- The title deed and documents supporting the promoter's title.
- Details of encumbrances, rights, interests or claims affecting the project land.
- The landowner's consent and relevant development agreement if the promoter does not own the land.
- Project site latitude and longitude.
- Approved plans, approval letters and no objection certificates submitted for planning permission and building licence.
- Approved parking details and technical designs covering structural stability, electrical wiring, plumbing and sewage treatment.
Applications must use Form A and be submitted in triplicate until a web based procedure is available. The required declaration must use Form B and include a commitment not to discriminate against an allottee when allocating an apartment, plot or building.
Ongoing projects and phased development
Promoters of ongoing projects must apply to the Real Estate Regulatory Authority unless the project meets an exclusion in the definition of an ongoing project. The exclusions include specified completed layout works and certain structurally completed projects, subject to the certificates, photographs, filings and notifications described in the rules.
Agreements made between promoters and allottees before the rules commenced remain unaffected. Certain phased projects may be registered phase by phase, and later plan changes may be exempt from the requirement for consent from two thirds of existing allottees when the stated agreement and project conditions are satisfied.
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Common questions
When did the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 come into force?
The rules came into force on 22 June 2017.
Does every ongoing real estate project have to register?
Promoters of ongoing projects must apply for registration unless the project meets one of the exclusions stated in the definition of an ongoing project. These exclusions include specified layout projects and certain structurally completed projects that satisfy the required certification, filing or notification conditions.
What title documents must a promoter submit when the project land belongs to someone else?
The promoter must provide the landowner's consent, the relevant collaboration, development or joint development agreement, and documents showing the landowner's title.
Do agreements signed with buyers before the rules commenced remain valid?
Yes. Agreements already entered into between promoters and allottees before commencement of the rules are not affected, and prescribed forms do not have to replace documents already executed for ongoing projects.
