Guidelines for Transfer of Development Rights under the Development Regulations for Chennai Metropolitan Area

What the guidelines govern

The Guidelines for Transfer of Development Rights under the Development Regulations for Chennai Metropolitan Area apply when privately owned land is required for a Master Plan, Detailed Development Plan, road, transport infrastructure, urban infrastructure or another listed public purpose. Instead of monetary compensation, an eligible owner may surrender the land and seek a Development Rights Certificate (DRC).

Who is affected

The Chennai Metropolitan Development Authority guidelines affect landowners whose sites are wholly or partly required for a public project, people applying for planning permission on the retained portion, and holders seeking to use a DRC at another site.

Key eligibility provisions include:

• Where only part of a site is affected, planning permission for the remaining land will be considered only after the required portion is surrendered through a registered gift deed that meets the Transfer of Development Rights requirements.
• Where no planning application has been made, the Chennai Metropolitan Development Authority or an authorised local body may publish a programme for the relevant public work. The owner may then request a DRC.
• Previously developed land is eligible, whether the development is authorised or unauthorised.
• An unauthorised building does not prevent a DRC being granted for surrendered land. However, any unauthorised building retained on the remaining plot remains unauthorised until regularised through due process or demolished.

Floor space index credit and use

The floor space index credit depends on the category of the site from which land is surrendered. The stated allowances are:

• Non multi storeyed building site qualifying up to 1.50 floor space index, 2.25.
• Multi storeyed building site qualifying for 1.75, 2.25.
• Multi storeyed building site qualifying for 2.00 or 2.25, 2.50.
• Multi storeyed building site qualifying for 2.50, 2.75.

When the credit is used at a different site, these figures are multiplied by V. V is calculated by dividing the guideline value of the surrendered land by the guideline value of the site where the DRC will be used. Both values are taken for the year in which utilisation is applied for.

Applications, validity and cancellation

A Development Rights Certificate application must include a site plan, an attested field measurement book sketch or permanent land register extract, the title deed, and an area statement certified by an architect or qualifying engineer and surveyor.

• A DRC is initially valid for five years and may be renewed for another five years, subject to the revalidation fee fixed by the authority.
• The Chennai Metropolitan Development Authority or authorised local body may cancel a DRC obtained fraudulently, affected by an ownership restricting encumbrance, or involving a title dispute.
• If possession cannot be obtained through the Transfer of Development Rights process, public authorities may invoke land acquisition laws.