Tamil Nadu Apartment Ownership Rules, 2024 (2024)
The Housing and Urban Development Department, through G.O.Ms.No. 171, Housing and Urban Development [HB3(1)], dated 24 September 2024, issued the Tamil Nadu Apartment Ownership Rules, 2024 under the Tamil Nadu Apartment Ownership Act, 2022. The rules govern apartment declarations, registration of associations and federations, management bodies, existing societies and the process for deciding on redevelopment.
What the rules govern
The Tamil Nadu Apartment Ownership Rules, 2024 provide procedures for administering apartment properties under the Tamil Nadu Apartment Ownership Act, 2022. They affect promoters, apartment owners, apartment associations, existing societies, federations and the authorities responsible for accepting declarations and registrations.
Collective common areas and facilities include common passages, driveways, pathways and shared infrastructure for all phases, such as water and sewage treatment plants, power backup, a clubhouse and a convenience store.
Declarations and registration
The Tamil Nadu Apartment Ownership Rules, 2024 require the following filings:
- A promoter or majority of apartment owners must submit a declaration in Form A to the competent authority with the prescribed fee. If common areas have been handed over, the majority of owners must file it. A society representing the majority may file where it manages the common areas.
- Where completion certification is not applicable, the date of permanent power connection by the Tamil Nadu Generation and Distribution Corporation Limited for any apartment is treated as the completion certificate date.
- A society registered for a particular phase or tower in a multi-phase property must file a separate declaration for that phase or tower.
- Constituent societies or associations must use Form B to declare their intention to create a federation. The federation registration certificate is issued in Form C.
- A registered federation must declare collective common areas and facilities in Form D within ninety days of its formation.
- Amendments to a declaration may be requested in Form E with the prescribed fee.
Associations and management
The Tamil Nadu Apartment Ownership Rules, 2024 require apartment owners to form an association with at least four apartment owners. Bye-laws based on the model bye-laws must be submitted within one hundred and eighty days after acceptance of the declaration. Registration is certified in Form F, and elected office bearers must be reported in Form G.
Each association must have a Board of Managers. Its size is one-third of the apartment owners, subject to a maximum of twenty-one. The board manages association assets and common areas. Existing societies must provide their office-bearer details and compliant bye-laws, after which the competent authority may issue an acknowledgement in Form H.
Redevelopment decisions
The Tamil Nadu Apartment Ownership Rules, 2024 allow the Board of Managers to call a special general meeting on its own or at the request of one-fourth of apartment owners. At least two-thirds of apartment owners must participate, and written consent from at least two-thirds is required for the association to notify the relevant planning authority in Form I.
Owners must be informed within ten days. An owner who disputes how consent was obtained may object to the relevant authority within thirty days after receiving the association's notice. For a building certified as ruinous or dangerous, the association must hold a special general meeting to engage a promoter or consultant to prepare a detailed redevelopment report.
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Common questions
Who must file the apartment property declaration?
The promoter or the majority of apartment owners must file Form A. If a society representing the majority manages the common areas, that society may submit the declaration.
How many apartment owners are needed to form an association?
A minimum of four apartment owners is required. For this purpose, a person who owns more than one apartment is counted as one apartment owner.
Can one owner object to a redevelopment decision?
Yes. An owner who is aggrieved by the way redevelopment consent was obtained may object to the relevant planning authority within thirty days after receiving the association's written notice.
What consent is required for apartment redevelopment?
The special general meeting requires participation by at least two-thirds of apartment owners. The association also needs written consent from at least two-thirds of apartment owners before notifying the relevant planning authority of its in-principle decision.
