Form C, Form of Undertaking to Be Executed Individually by the Land Owner or Power of Attorney Holder or Builder or Promoter
The Chennai Metropolitan Development Authority provides Form C as an individual undertaking by a land owner, power of attorney holder, builder or promoter who has applied for planning permission for construction. The person promises to follow the approved plan, preserve required open space and car parking, pay applicable charges, remove deviations when directed, and bear enforcement costs for non-compliance.
What the form covers
Form C is an undertaking connected with an application to the Chennai Metropolitan Development Authority for planning permission. It is executed individually by a land owner, power of attorney holder, builder or promoter associated with the proposed construction.
The undertaking records that the planning permission application was submitted in accordance with the planning norms in the prevailing Development Regulations. The person signing accepts responsibility for carrying out the development according to the permission granted.
Main commitments
A person executing Form C undertakes to:
- Construct only in accordance with the approved plan and without deviation.
- Avoid unauthorised additions to the approved construction.
- Keep the required open space around the building as shown in the approved plan.
- Maintain the approved use of the building, including ground-floor car parking.
- Avoid covering stilt car parking fully or converting parking space into a flat or any other use.
- Obtain an appropriate order from the Competent Authority before making changes to car parking areas or their use.
- Remain jointly and severally responsible with the land owner, power of attorney holder, builder or promoter for complying with the permission.
- Pay Development Charges, Security Deposit, Scrutiny Fee and other charges levied by the Chennai Metropolitan Development Authority.
Consequences of deviations
If construction differs from the approved plan or includes an unauthorised addition, the Security Deposit may be forfeited. The signatory also agrees to demolish a deviation identified by the Chennai Metropolitan Development Authority within thirty days after notice.
If the deviation is not removed, the Chennai Metropolitan Development Authority may demolish or arrange demolition of the unauthorised or deviated construction and recover the cost from the signatory. The authority may also remove an unauthorised structural modification or use and recover its expenses.
Effect on later owners or users
The undertaking specifically addresses future conversion of car parking. If the signatory, a successor or another person receiving the construction later converts parking space without an appropriate order, the authority may act to remove the modification or unauthorised use. Its expenses may be recovered from the signatory, successor or later transferee.
Form C is signed by the deponent, witnessed by two witnesses and duly attested by a Notary Public.
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Common questions
Who must execute Form C?
Form C is to be executed individually by the land owner, power of attorney holder, builder or promoter associated with the project.
Can approved stilt car parking be enclosed and used as a flat?
The undertaking says stilt car parking must not be fully covered or converted into a flat or another use without an appropriate order from the Competent Authority.
What happens if construction deviates from the approved plan?
The Security Deposit may be forfeited, and the signatory must demolish a deviation identified by the Chennai Metropolitan Development Authority within thirty days after notice. If this is not done, the authority may arrange demolition and recover the cost.
Can action be taken after the property is transferred?
Yes. For unauthorised construction or use in a car parking area, the authority may remove the modification and recover expenses from the signatory, a successor or another person to whom the construction is transferred.
