G.O.(Ms).No.37, Amendments to the Tamil Nadu Transfer of Development Rights Rules, 2019
The Housing and Urban Development [UD4(3)] Department issued G.O.(Ms).No.37 on 24 February 2020 to amend the Tamil Nadu Transfer of Development Rights Rules, 2019. It changes the fee, application requirements, floor space credit calculation, guideline value treatment and procedures for transferring a Development Right Certificate, and directs publication in the Tamil Nadu Government Gazette Extraordinary.
Purpose
The Housing and Urban Development [UD4(3)] Department issued G.O.(Ms).No.37 on 24 February 2020 under the Tamil Nadu Town and Country Planning Act, 1971. The notification amends the Tamil Nadu Transfer of Development Rights Rules, 2019, which the order states took effect from 24 December 2019.
Who it affects
G.O.(Ms).No.37 affects holders of Development Right Certificates, people applying to use transfer of development rights, transferors and transferees of certificates, and planning authorities. The changes are relevant where development rights generated from surrendered land are proposed to be received or used on another site.
Key amendments
The notification makes the following changes:
- The fee referred to in rule 8 is fixed at Rs.10,000 (Rupees Ten Thousand only).
- An application to use transfer of development rights must be submitted with the Development Right Certificate.
- Floor space credit is calculated as the extent of the surrendered site multiplied by 2.25 and multiplied by the applicable value factor at the time the transfer of development rights is used.
- The value factor is obtained by dividing the guideline value of the surrendered land by the guideline value of the land where the Development Right Certificate is proposed to be received or used.
- For ten years from the issue of the Development Right Certificate, the guideline value at the time of issue or the actual guideline value at the time of use, whichever is higher, must be considered. After ten years, the prevalent guideline value at the time of use must be considered.
- Sub-rule (9) of rule 9 is omitted.
Transfer of a certificate
G.O.(Ms).No.37 requires a Development Right Certificate holder who intends to transfer it to another person to submit the original certificate to the planning authority. The holder must also provide an application and a registered agreement signed by both the transferor and the transferee.
No stamp duty is required when the Development Right Certificate is transferred to the planning authority itself for utilization. The notification also replaces the word "transferor" with "transferee" in the specified provision of rule 10.
Publication
The Housing and Urban Development [UD4(3)] Department directed that the notification be published in the Tamil Nadu Government Gazette Extraordinary dated 24 February 2020.
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
What fee does G.O.(Ms).No.37 specify?
The amendment specifies a fee of Rs.10,000 (Rupees Ten Thousand only) in rule 8.
What must I submit when applying to use transfer of development rights?
The application for utilization must be submitted along with the Development Right Certificate.
Which guideline value applies when a Development Right Certificate is used?
For ten years from the certificate's issue, the guideline value at issue or the actual guideline value at utilization, whichever is higher, applies. After ten years, the prevalent guideline value at the time of utilization applies.
Is stamp duty payable when a Development Right Certificate is transferred to the planning authority?
No. The amendment states that no stamp duty need be paid when the certificate is transferred to the planning authority itself for utilization.
