Official guidance, Tamil Nadu land law
G.O.Ms.No.161, Reduction of Infrastructure and Amenities Charges and Open Space Reservation Terms, 2013
The Housing and Urban Development [UD4(3)] Department issued G.O.Ms.No.161 on 26 June 2013 to reduce Infrastructure and Amenities Charges for eligible non-multi storeyed buildings constructed on or before 1 July 2007. It also sets Open Space Reservation conditions for educational institutions, requiring the reserved area to remain open and be used only as a park.
What the order covers
G.O.Ms.No.161 of the Housing and Urban Development [UD4(3)] Department applies to specified buildings constructed on or before 1 July 2007. The buildings must have been constructed with permission from the local bodies.
The concession covers all categories of non-multi storeyed buildings, including:
- Residential buildings.
- Commercial buildings.
- Information Technology buildings.
- Group developments.
- Special buildings.
The order does not give individual charge amounts. Instead, it links the reduced amount to the Infrastructure and Amenities Charges prevailing when the concession is applied.
Reduced Infrastructure and Amenities Charges
G.O.Ms.No.161 fixes Infrastructure and Amenities Charges for qualifying buildings at 50 per cent of the prevailing current rates.
The reduction is subject to two stated conditions:
- The building must have been constructed on or before 1 July 2007.
- The construction must have had permission from the relevant local body.
The concession was available only where an application for planning permission was made to the Member Secretary of the Chennai Metropolitan Development Authority or the Commissioner of Town and Country Planning within six months from the date of issue of the order.
A buyer or owner checking an older building should therefore verify the construction date, local body permission and whether the required planning permission application was made within the stated period.
Open Space Reservation for educational institutions
G.O.Ms.No.161 also applies to educational institutions covered by the Open Space Reservation Regulation. For those institutions:
- The Open Space Reservation area must be clearly earmarked.
- It must remain open to the sky.
- No construction is permitted in the reserved area.
- The institution may use the area only as a park.
- The area cannot be used as a playground.
- Guideline value must not be collected instead of providing the Open Space Reservation area in these cases.
These conditions are important when reviewing the approved layout or planning status of an educational institution.
Implementation
G.O.Ms.No.161 directs the Commissioner of Town and Country Planning and the Member Secretary of the Chennai Metropolitan Development Authority to act on these requirements. The two authorities were also directed to submit separate proposals for amendments to the relevant rules.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does the 50 per cent charge apply to a multi storeyed building?
No. G.O.Ms.No.161 states that the concession applies to non-multi storeyed buildings in the listed categories.
Does every building constructed before 1 July 2007 qualify?
No. The building must have been constructed on or before 1 July 2007 with permission from the local body, and the planning permission application had to be made to the named authority within six months from the date of the order.
Can an educational institution use its Open Space Reservation area as a playground?
No. The area must remain open to the sky without construction and may be used only as a park, not as a playground.
Can guideline value be collected instead of the Open Space Reservation area?
No. For educational institutions covered by these conditions, G.O.Ms.No.161 says guideline value should not be collected in place of the Open Space Reservation area.
