Amendment to the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017 (99 Ex III 1a)
The Housing and Urban Development Department, through G.O. Ms. No. 36 dated 17th February 2021, amended the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017. The amendment allows development charges collected for a layout to be used for basic infrastructure in other areas within the same local authority, once all basic infrastructure for that layout has been provided to the local authority's satisfaction.
What the amendment changes
The Amendment to the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017 was issued by the Housing and Urban Development Department under G.O. Ms. No. 36 dated 17th February 2021. It adds a proviso to rule 10 of the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017.
The proviso deals with how development charges collected for a layout may be used. It permits those charges to be spent on basic infrastructure in other areas within the same local authority, subject to a specific condition.
Condition for using charges elsewhere
The Amendment to the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017 permits development charges to be used elsewhere only when:
- All basic infrastructure facilities have already been provided for the layout concerned.
- The local authority is satisfied that those facilities have been provided.
- The money is used in another area falling within that particular local authority.
The notification does not permit the collected charges to be transferred for work outside the relevant local authority.
Permitted infrastructure work
The proviso added through G.O. Ms. No. 36 identifies the following examples of basic infrastructure that may be provided in other areas:
- Roads.
- Drinking water facilities.
- Storm water drains.
The wording uses these as examples of basic infrastructure facilities for which the development charges may be used.
Who may be affected
The amendment directly concerns local authorities handling development charges collected for layouts under the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017. It also concerns layouts where the required basic infrastructure has been completed to the satisfaction of the local authority.
Property owners and buyers should note that the notification addresses the use of collected development charges. It does not state a new charge, rate or payment obligation for an owner or buyer. The notification was published in the Tamil Nadu Government Gazette Extraordinary, No. 99, on 17th February 2021.
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Common questions
When can development charges collected for a layout be used in another area?
They may be used elsewhere when all basic infrastructure facilities for the layout have been provided to the satisfaction of the local authority.
Can the development charges be spent outside the local authority's area?
No. The amendment allows the money to be used only in other areas falling within that particular local authority.
What infrastructure can be funded with the development charges?
The notification gives roads, drinking water and storm water drains as examples of basic infrastructure facilities.
Does G.O. Ms. No. 36 introduce a new development charge or rate?
The notification does not state a new charge or rate. It changes how collected development charges may be used after the layout's basic infrastructure has been provided.
