Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022 (509 Ex III 1a)
The Housing and Urban Development Department, Government of Tamil Nadu, issued the Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022 through G.O. Ms. No. 195, Housing and Urban Development [UD4(1)], dated 5th November 2022. The rules establish procedures for investigating, stopping, removing, locking and sealing unauthorised development, and for applying to the Government against a lock and seal order.
What the rules govern
The Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022 apply to development of land or buildings that is carried out without required permission, contrary to a permission or its conditions, after permission has been revoked, or contrary to a modified permission.
The procedures can affect owners, occupiers, developers and people carrying out construction. Planning authorities may begin action on their own or after receiving a complaint.
Investigation and inspection
The appropriate planning authority, or an authorised officer, may:
- Require an owner, occupier or person holding relevant records to produce documents within the period stated in a Form I notice.
- Inspect land or buildings where unauthorised development is alleged.
- Give the owner or occupier at least seven days' notice in Form II before inspection.
- Inspect without prior notice if the situation warrants it and the authority or authorised officer considers this appropriate.
The inspection report must cover matters including whether construction is complete, deviations from planning permission, availability of a completion certificate, tax assessment, and provision of water, sanitation, electricity and other services.
Enforcement measures
For completed development without permission, or after permission has been revoked, the authority may require restoration of the land and discontinuance of its use. For development that breaches a permission or its conditions, the authority may require compliance and discontinuance of use. The period in either notice must be at least thirty days from service.
For ongoing unauthorised development, the authority may require work to stop immediately. If work continues, it may require removal of the portion built after the stop notice, allowing at least seven days.
Failure to stop the use or development can lead to the premises being locked and sealed. For ongoing work, the authority may directly lock and seal the premises until the required planning permission is produced, without first issuing the specified stop or removal notices. Locking and sealing expenses are recoverable from the owner or developer.
Application to the Government
A person aggrieved by a lock and seal order may submit a Form IX application under Section 80-A within thirty days from the date the premises were sealed. The application must be filed in triplicate, personally or by registered post, with the Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Fort St. George, Chennai 600 009.
Required material includes the notices, any reply, the lock and seal order, relied upon documents, approved plans and permits, grounds of application and other relevant documents. Defects may be returned for correction, with at least fifteen days allowed to rectify them.
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Common questions
Can a planning authority inspect my property without giving notice?
Yes. Normally, at least seven days' notice must be given, but the authority or authorised officer may inspect without notice if the situation warrants it.
What can happen if construction continues after a stop notice?
The planning authority may require removal of the part built after the stop notice, allowing at least seven days. The premises may also be locked and sealed.
How can I apply against a lock and seal order?
A Form IX application under Section 80-A may be submitted to the Government within thirty days from the date of sealing. It must be filed in triplicate with the listed notices, order, plans, permits, grounds and supporting documents.
Who must pay the cost of locking and sealing a property?
The expenses incurred for locking and sealing are recoverable from the owner or developer of the land or building.
