Tamil Nadu Guidelines for the Exemption of Buildings and Assessment and Collection of Amount for Exemption 2012
The Government of Tamil Nadu, Housing and Urban Development Department, issued G.O. Ms. No. 43, Housing and Urban Development UD4(1), dated 22nd February 2013. It authorises the Chennai Metropolitan Development Authority and the Director of Town and Country Planning to exempt qualifying buildings developed on or before 1st July 2007 from planning requirements, subject to the applicable guidelines, rules and collection of an exemption amount.
What the notification does
G.O. Ms. No. 43, Housing and Urban Development UD4(1), dated 22nd February 2013, delegates specified exemption powers under the Tamil Nadu Town and Country Planning Act, 1971. The Government of Tamil Nadu issued the notification through the Housing and Urban Development Department.
The notification allows the designated planning authorities to exempt a building, or a class of buildings, from all or some provisions of the Act or from rules or regulations made under it. The power applies only to buildings developed on or before 1st July 2007.
Which authority handles the exemption
G.O. Ms. No. 43 divides responsibility according to the location of the building:
- The Chennai Metropolitan Development Authority is authorised to exercise the exemption power within the Chennai Metropolitan Area.
- The Director of Town and Country Planning is authorised to exercise the exemption power in areas outside the Chennai Metropolitan Area.
The notification gives these authorities powers vested with the Government by Section 113-C, using the authorisation power under Section 91 of the Tamil Nadu Town and Country Planning Act, 1971.
Conditions and amount
An exemption under G.O. Ms. No. 43 is subject to both of the following:
- The Tamil Nadu Guidelines for the Exemption of Buildings and Assessment and Collection of Amount for Exemption, 2012.
- The Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2012.
The authorised authority may collect an amount for granting the exemption. The amount collected cannot exceed three times the guideline value of the land.
Who may be affected
G.O. Ms. No. 43 may be relevant to owners, buyers and property professionals dealing with a building developed on or before 1st July 2007 that does not comply with one or more planning provisions, rules or regulations. The notification does not automatically exempt every such building. It authorises the relevant planning authority to grant an exemption, subject to the 2012 guidelines and rules and payment of the assessed amount.
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
Does every building constructed before 1st July 2007 automatically receive an exemption?
No. G.O. Ms. No. 43 authorises the relevant planning authority to exempt a building or class of buildings, subject to the 2012 guidelines and rules and collection of an assessed amount.
Which authority deals with a building in the Chennai Metropolitan Area?
The Chennai Metropolitan Development Authority is authorised to exercise the exemption power for buildings within the Chennai Metropolitan Area.
Who handles exemptions outside the Chennai Metropolitan Area?
The Director of Town and Country Planning is authorised to exercise the exemption power for areas outside the Chennai Metropolitan Area.
How much can be collected for a building exemption?
The amount collected cannot exceed three times the guideline value of the land. The assessment and collection are subject to the applicable 2012 guidelines and rules.
