Official guidance, Tamil Nadu land law
G.O. (Ms.) No. 76, Guidelines for Concurrence for Educational Institution Buildings in Non-plan Areas, 2018
The Housing and Urban Development [UD4(3)] Department issued G.O. (Ms.) No. 76 on 14 June 2018, providing guidelines for Town and Country Planning Department concurrence for educational institution buildings constructed and functioning for educational use before 1 January 2011 in non-plan areas of Tamil Nadu. The guidelines set eligibility, charges, application documents, approval authority and categories of buildings that cannot receive concurrence.
What the guidelines cover
G.O. (Ms.) No. 76 of the Housing and Urban Development [UD4(3)] Department, dated 14 June 2018, applies to educational institution buildings in non-plan areas of Tamil Nadu. A building is eligible only if it was constructed and functioning as an educational use building before 1 January 2011.
The concession for submitting applications was valid for three months from the date on which the order was issued.
Charges and application process
The guidelines require the following process:
- The institution must self-assess and pay a one-time charge of Rs.7.50 per square foot of the building's Floor Space Index area.
- Payment must be made online into the Infrastructure and Amenities Fund Account. An offline payment option was also to be made available.
- Any balance identified by the planning authority or regional office must be paid before concurrence is granted.
- Receipt of the application, self-assessed payment and issue of the concurrence order are to be handled online.
- The Director of Town and Country Planning is the competent authority to grant concurrence.
Documents required
An applicant must submit online:
- Proof that the institution was functioning and the building was in use or existence before 1 January 2011. Accepted examples include an approval order from a listed education authority, Panchayat, Department of School Education or Department of Higher Education, or an electricity bill payment challan.
- A no objection certificate from the Fire Safety and Rescue Services Department.
- A self-attested copy of the ownership document.
- Certification from a licensed surveyor and structural engineer or architect that the submitted plans match site conditions and show the total floor area and Floor Space Index area.
Restrictions and exclusions
Eligible buildings must comply with the listed civil aviation, defence, coastal zone, archaeological, heritage area, atomic power plant, electricity and hill station building requirements.
Concurrence cannot be considered for any building with an encroachment, including an aerial encroachment, on a public road or street, poramboke land, local authority land, open space, recreational area or water body. Buildings on land affected by the erstwhile Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 are also excluded.
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Common questions
Does this apply to every educational institution building in Tamil Nadu?
No. It covers educational institution buildings in non-plan areas that were constructed and functioning for educational use before 1 January 2011.
Who can grant concurrence under these guidelines?
The Director of Town and Country Planning is the competent authority to grant concurrence.
Can an institution obtain concurrence if its building encroaches on a public road or poramboke land?
No. Buildings with any encroachment, including aerial encroachment, on a public road, street, poramboke land or other listed public and protected land cannot be considered.
How long was the application concession available?
The concession was valid for three months from the date of issue of G.O. (Ms.) No. 76, dated 14 June 2018.
