G.O. Ms. No. 94, Amendment to the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017
The Housing and Urban Development Department, through G.O. Ms. No. 94 dated 16 March 2024, notified an amendment made by the Governor of Tamil Nadu to the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017. The amendment changes the Open Space Reservation requirement for unsold plots and gives applicants with up to 5,000 square metres of unsold plot area an option to provide land or make a payment based on the prevailing guideline value.
What the notification changes
G.O. Ms. No. 94 of the Housing and Urban Development Department, dated 16 March 2024, amends clause (g), sub-clause (ii), of rule 7 of the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017. The Governor of Tamil Nadu made the amendment using powers under sections 113 and 122 of the Tamil Nadu Town and Country Planning Act, 1971.
The previous wording required Open Space Reservation land to be created by amalgamating or altering unsold plots. The required area was at least 10 per cent of the total area of unsold plots, but it did not have to be in one continuous stretch or have fixed dimensions. That wording has been replaced.
New Open Space Reservation requirement
The amended Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017 require 10 per cent of the unsold plot area to be provided as Open Space Reservation.
For layouts with an unsold plot area of up to 5,000 square metres, the applicant has two alternatives:
- Provide 10 per cent of the unsold plot area as Open Space Reservation.
- Pay an amount equivalent to 10 per cent of the prevailing guideline value of the unsold plot area.
The payment option in the notification is specifically linked to layouts where the unsold plot area is up to 5,000 square metres.
Who may be affected
G.O. Ms. No. 94 may affect applicants seeking regularisation under the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017 where the layout still contains unsold plots. Layout owners, promoters, plot owners and property professionals may need to check the total unsold plot area and whether Open Space Reservation land must be provided.
For qualifying layouts with up to 5,000 square metres of unsold plot area, applicants should consider whether to set aside the required land or use the guideline value based payment alternative. The notification does not state a payment rate beyond the formula based on 10 per cent of the prevailing guideline value of the unsold plot area.
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Common questions
Does every layout have the option to pay instead of providing Open Space Reservation land?
No. The notification gives that option only for layouts having an unsold plot area of up to 5,000 square metres.
How much land must be provided as Open Space Reservation?
The amended requirement is 10 per cent of the unsold plot area.
How is the alternative payment calculated?
For an eligible layout, the amount is equivalent to 10 per cent of the prevailing guideline value of the unsold plot area.
Which rules are amended by G.O. Ms. No. 94?
G.O. Ms. No. 94 amends rule 7, clause (g), sub-clause (ii), of the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017.
