Tamil Nadu Government Gazette Extraordinary No. 264, Part IV, Section 1, Tamil Nadu Bills
The Government of Tamil Nadu, through Tamil Nadu Government Gazette Extraordinary No. 264 dated 7 May 2022, published three Bills introduced in the Tamil Nadu Legislative Assembly for general information. The Bills propose amendments concerning salaries of Members, Tamil University membership, and apartment ownership, with the Tamil Nadu Apartment Ownership Bill proposing to repeal and re-enact the Tamil Nadu Apartment Ownership Act, 1994.
What the Gazette publishes
The Government of Tamil Nadu published Tamil Nadu Government Gazette Extraordinary No. 264 dated 7 May 2022 under Rule 130 of the Tamil Nadu Legislative Assembly Rules. It contains three Bills introduced in the Tamil Nadu Legislative Assembly on that date, together with their Statements of Objects and Reasons.
The publication contains:
- The Tamil Nadu Payment of Salaries (Amendment) Bill, 2022.
- The Tamil University (Amendment) Bill, 2022.
- The Tamil Nadu Apartment Ownership Bill, 2022.
These are presented as Bills introduced in the Legislative Assembly, not as confirmation that every proposal was already in force when published.
Apartment ownership proposal
The Tamil Nadu Apartment Ownership Bill, 2022 proposes to repeal and re-enact the Tamil Nadu Apartment Ownership Act, 1994. It extends to the whole of Tamil Nadu, but its commencement depends on a State Government notification, and different dates may be appointed for different areas.
Key provisions in the supplied text include:
- A building is defined as containing four or more apartments.
- An apartment may be intended for residential or commercial use.
- An apartment owner includes a person holding an apartment on a lease of at least thirty years.
- Each owner is entitled to exclusive ownership and possession of the apartment.
- The apartment and its undivided interest in common areas and facilities are heritable and transferable immovable property.
- An apartment or its undivided interest in common areas and facilities cannot be partitioned or subdivided.
- Common areas include staircases, lifts, entrances, exits, common basements, terraces, parks, play areas, open parking, common service installations, water tanks and other portions needed for common use or maintenance.
- The promoter or a majority of apartment owners must submit a declaration to the competent authority within ninety days from the issue of the completion certificate, in the prescribed form and manner and with prescribed fees.
Who may be affected
The Tamil Nadu Apartment Ownership Bill, 2022 is relevant to apartment buyers, owners, promoters, associations, long-term lessees, housing societies and authorities responsible for plan sanction or completion certificates. Buyers should note that the supplied Gazette text does not itself provide the later notification needed to bring the proposed apartment law into force.
Other changes proposed
The Tamil Nadu Payment of Salaries (Amendment) Bill, 2022 changes when specified salary and allowances accrue to an elected Member. The Tamil University (Amendment) Bill, 2022 removes stated disqualifications concerning persons who are deaf-mute or affected by leprosy from provisions dealing with membership of University authorities.
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
Did the Tamil Nadu Apartment Ownership Bill, 2022 come into force on 7 May 2022?
The Gazette publishes it as a Bill introduced on 7 May 2022. The Bill states that commencement requires a State Government notification, and different dates may be appointed for different areas.
Does the apartment proposal cover commercial units as well as homes?
Yes. Its definition of an apartment includes a self-contained part of a property used or intended for residential or commercial purposes.
Can an apartment's share in the common areas be divided from the apartment?
No. The Bill says an apartment or its undivided interest in the common areas and facilities cannot be partitioned or subdivided.
Who must file the apartment declaration?
The promoter or a majority of apartment owners, as applicable, must submit the declaration to the competent authority within ninety days from the issue of the completion certificate.
