Official guidance, Tamil Nadu land law
Circular on Infrastructure and Amenities Charges for Unauthorised Older Buildings
The Office of the Commissioner of Town and Country Planning issued an unnumbered circular dated 20 September 2013 directing that full Infrastructure and Amenities Charges must be collected for buildings, or parts of buildings, constructed before 1 July 2007 without local body permission. The circular applies with immediate effect and distinguishes such construction from eligible non-multistoried buildings built with local body permission, for which Government Order G.O.Ms.161 dated 26 June 2013 fixed charges at 50% of prevailing current rates.
What the circular governs
The unnumbered circular dated 20 September 2013 was issued by the Office of the Commissioner of Town and Country Planning. It clarifies the Infrastructure and Amenities Charges applicable to buildings, or parts of buildings, that existed before 1 July 2007 but were constructed without permission from the relevant local body.
The clarification followed a decision at the 19th Empowered Committee meeting held on 5 September 2013 under Agenda No. 5. The circular came into force with immediate effect.
Treatment of older buildings
Government Order G.O.Ms.161, issued by the Housing and Urban Development (UD4-3) Department on 26 June 2013, provided a reduced charge for certain older buildings constructed with local body permission. The circular records the following treatment:
- Non-multistoried residential, commercial, information technology, group development and special buildings constructed on or before 1 July 2007 with local body permission are charged at 50% of the prevailing current Infrastructure and Amenities Charges.
- Buildings, or parts of buildings, that existed before 1 July 2007 without local body permission must pay the full Infrastructure and Amenities Charges.
- The full charge applies to the unauthorised building or part, even where other buildings on the same proposal had obtained local body permission.
Who is affected
The circular directly concerns proposals involving older non-multistoried construction, particularly cases containing a mixture of permitted and unpermitted buildings. College proposals are identified as examples where some existing buildings had local body permission and others did not.
Property owners, institutions and professionals dealing with buildings constructed before 1 July 2007 should therefore check whether local body permission was obtained for each building or part. The date of construction alone does not qualify an unpermitted building for the 50% rate described in Government Order G.O.Ms.161.
Administrative direction
The Office of the Commissioner of Town and Country Planning directed all Regional Deputy Directors, Member Secretaries, Local Planning Authorities and New Town Development Authorities to follow the Empowered Committee's decision. Recipients were also asked to acknowledge receipt of the circular by return post.
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 a building constructed before 1 July 2007 automatically qualify for the 50% charge?
No. The 50% rate applies to the listed categories of non-multistoried buildings constructed on or before 1 July 2007 with local body permission. Construction without that permission attracts the full charge.
What happens if only part of an older building lacked local body permission?
Full Infrastructure and Amenities Charges must be collected for the building or part of the building that existed before 1 July 2007 without local body permission.
Does the clarification apply to college buildings?
Yes. The circular arose partly from college proposals containing some buildings constructed with local body permission and others constructed without it.
When did the circular take effect?
The unnumbered circular dated 20 September 2013 states that it comes into force with immediate effect.
