Amendments to the Tamil Nadu Combined Development and Building Rules, 2019 (11)
The Municipal Administration and Water Supply Department issued G.O. Ms.No.16 on 31st January 2020 to amend the Tamil Nadu Combined Development and Building Rules, 2019. The amendments change planning permission timelines, professional qualifications, building standards, security deposits, affordable housing provisions and requirements for certain residential and large developments.
What the amendments govern
G.O. Ms.No.16, issued by the Municipal Administration and Water Supply Department on 31st January 2020, modifies development and building controls under the Tamil Nadu Combined Development and Building Rules, 2019. It also adds the Hosur City Municipal Corporation, Nagercoil City Municipal Corporation and Avadi City Municipal Corporation legislation to the preamble.
Who may be affected
The amendments to the Tamil Nadu Combined Development and Building Rules, 2019 may affect landowners, developers and applicants seeking planning permission for layouts, reclassification, residential buildings, commercial buildings, affordable housing and large developments. Architects, town planners, technical professionals, local bodies and competent planning authorities also have responsibilities under the amended provisions.
Key provisions
- For layout and reclassification, high rise buildings and non high rise buildings, different distances of 500 m, 250 m and 100 m respectively are added to the relevant provision.
- Written permission for buildings below 1,200 sq.ft. must be issued within 30 days from receipt of the plan and other requirements.
- The professional categories are revised to include Geo-Technical Engineers, Town Planners, Architectural Assistants and Technical Assistants. A person used as an architect by the competent authority must possess a B.Arch degree or equivalent, have at least two years of professional experience after obtaining the degree and produce a Council of Architecture registration certificate.
- An air conditioner ledge up to 0.6 m is added as a permitted feature.
- Standards are revised for non high rise buildings containing up to 16 dwellings and for specified small uses, including commercial uses, primary schools, clinics, libraries and certain government or local body offices. The listed developments generally cannot exceed 300 sq.metres, and the table prescribes road width, height, Floor Space Index and setbacks.
- Applicants other than government departments or agencies must generally provide a refundable, non-interest earning security deposit equal to 50 per cent of the infrastructure and amenity charges in force per square metre of floor area. A bank guarantee may be accepted. The stated exemptions include specified residential buildings and all industrial buildings.
- Affordable housing limits are 60 sq.m carpet area per dwelling within the Greater Chennai Corporation Area and 90 sq.m in the rest of the State.
- For residential developments exceeding 100 dwelling units in a primary residential use zone, commercial and institutional uses may occupy up to 10 per cent of floor area at habitable floor levels as incidental uses for occupants.
- For large developments requiring link roads, the competent authority may require road space to be transferred free of cost to the local body through a registered gift deed.
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Common questions
How quickly should permission be issued for a building below 1,200 sq.ft.?
Written permission must be issued within 30 days from the date the plan and other requirements are received.
Can the security deposit be provided as a bank guarantee?
Yes. A bank guarantee in the format prescribed by the competent authority may be accepted for the validity period of the planning permission or until the completion certificate is issued.
Are small residential buildings exempt from the security deposit?
The security deposit does not apply to residential buildings up to 12 m in height that do not exceed 3 dwelling units or 750 sq.m. All types of industrial buildings are also exempt.
Can shops or institutions be included in a large residential development?
For residential developments exceeding 100 dwelling units in a primary residential use zone, commercial and institutional uses may be allowed for occupants, up to 10 per cent of the floor area at habitable floor levels.
