Amendments to the Tamil Nadu Combined Development and Building Rules, 2019 (41 Ex III 1a)

What the amendments cover

G.O. Ms. No. 16, Municipal Administration and Water Supply (MA1) Department, dated 31 January 2020, changes requirements under the Tamil Nadu Combined Development and Building Rules, 2019. The changes affect applicants, landowners, developers, planning professionals, competent authorities and local bodies dealing with layouts, reclassification and building approvals.

The legal preamble is expanded to include the Hosur City Municipal Corporation Act, 2019, the Nagercoil City Municipal Corporation Act, 2019 and the Avadi City Municipal Corporation Act, 2019.

Planning and building changes

The amendments include the following provisions:

• Written permission for buildings of less than 1,200 square feet must be issued within 30 days from receipt of the plan and other requirements.
• Certain sites gaining access from roads of specified widths are deemed to be in a commercial use zone. Other sites are deemed to be in a residential use zone.
• Competent authorities may use a person with a Bachelor of Architecture degree or equivalent qualification, at least two years of professional experience after obtaining the degree, and registration with the Council of Architecture as an architect.
• An air conditioner ledge of up to 0.6 metre is added to the permitted building features.
• Controls for non high rise buildings are revised for developments of up to 16 dwellings and specified small uses, including commercial uses, schools, clinics, nursing homes, hostels, libraries, police stations and government or local body offices.

Deposits and development obligations

The amended Tamil Nadu Combined Development and Building Rules, 2019 require applicants, other than government departments or agencies, to provide a refundable, non interest earning security deposit equal to 50 per cent of the infrastructure and amenity charges in force per square metre of floor area. A bank guarantee may be accepted for the validity period of the planning permission or until the completion certificate is issued.

The deposit is refundable when development follows the approved plan, as certified by the competent authority of the local body. Otherwise, it may be forfeited. Residential buildings up to 12 metres in height, with no more than three dwelling units or 750 square metres, and all industrial buildings are excluded from collection of the deposit.

For large developments requiring link roads, the competent authority may require road space within the site to be transferred free of cost to the local body through a registered gift deed. Residential developments exceeding 100 dwelling units in a primary residential use zone may include commercial and institutional uses of up to 10 per cent of the floor area at habitable floor levels for occupants.