G.O. (Ms.) No. 198, Tamil Nadu Transfer of Development Rights Rules, 2019

What the rules govern

The Tamil Nadu Transfer of Development Rights Rules, 2019 create a system for granting development rights when privately owned land is surrendered for eligible public purposes. The Housing and Urban Development [UD4(3)] Department issued the rules through G.O. (Ms.) No. 198, dated 24 December 2019, and directed publication in the Tamil Nadu Government Gazette Extraordinary on that date.

The rules affect landowners surrendering land, holders of Development Right Certificates, planning authorities, and people seeking to use transferred development rights on another property.

Eligible land surrender

Transfer of development rights is permitted when land is surrendered for:

• New roads or widening existing roads proposed in approved development plans.
• Roads notified by a Government department, local authority or Government agency.
• Traffic and transport infrastructure, including bus facilities, metro rail, mass rapid transit systems, public parking and intermodal infrastructure.
• Urban infrastructure, including water supply, sewerage, drainage, electricity, education and health facilities.
• Conservation of heritage sites, buildings, precincts or natural feature areas.
• Other purposes notified by the Government.

Transfer of development rights is not available for compulsory reservations required in specified developments under the Tamil Nadu Combined Development and Building Rules, 2019. It is also unavailable where possession follows an award under an Act, mutual agreement or contract.

Certificates and entitlement

The Tamil Nadu Transfer of Development Rights Rules, 2019 require an owner to apply to the planning authority in FORM I. The authority must verify ownership and title, require surrender through a registered deed, and direct transfer of the patta to the planning authority.

Key provisions include:

• A Development Right Certificate is issued in FORM II on Rs.100 non-judicial stamp paper.
• The certificate records the surrendered land, location, guideline value and applicable restrictions or conditions.
• For land surrendered for road formation, road widening or public infrastructure, entitlement is 2.25 times the guideline value of the surrendered land.
• If eligible floor space index is fully used on the remaining site, no certificate is issued. If partly used there, a certificate is issued for the balance.

Using development rights

Development rights may be used on one or more sites, subject to the development regulations applying to each site. Use is generally allowed only in multiples of 10 square metres, except for the final remainder. Floor space index at the receiving site cannot exceed the normally permissible floor space index under the applicable development regulations and Government directions.

Development rights may also be adjusted against regularisation charges, premium floor space index charges or floor space index charges.