Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022 (5 Nov 2022)
The Housing and Urban Development [UD4(1)] Department issued G.O.(Ms).No.195 dated 5 November 2022, framing the Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022. The rules set out how planning authorities may inspect, stop, remove, lock and seal unauthorised development, and how an affected person may apply to the Government against a lock and seal order.
What the rules govern
The Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022 cover development of land or buildings carried out without required permission, against a permission or its conditions, after permission has been revoked, or against a modified permission.
The rules affect landowners, building owners, occupiers, developers and people carrying out construction. They also prescribe procedures for appropriate planning authorities and authorised officers.
Investigation and inspection
An appropriate planning authority may act on its own or after receiving a complaint. It may issue Form I requiring an owner, occupier or document holder to produce records within the stated time.
Key inspection provisions include:
- The authority may inspect land or a building after giving the owner or occupier at least seven days' notice in Form II.
- An inspection may take place without notice if the situation warrants it and the authority or authorised officer considers it appropriate.
- The inspection report must address construction status, deviations from planning permission, completion certificate status, tax assessment and provision of water, sanitation, electricity and other services.
Enforcement action
For completed development without permission, or where permission was revoked, the owner may receive Form III requiring restoration of the land and, where needed, discontinuance of its use. For development that breaches a permission, its conditions or a modified permission, Form IV may require compliance. The period given must be at least thirty days.
For ongoing unauthorised development, Form V may require work to stop immediately. If work continues, Form VI may require removal of the portion built after Form V was served, with at least seven days allowed.
Failure to stop the development or use may lead to a Form VII lock and seal order. The owner or developer must bear the locking and sealing expenses. For ongoing development, the authority may directly lock and seal the premises until the required planning permission is produced, without first issuing Forms V or VI, if it is satisfied that direct action is appropriate.
Application to the Government
A person affected by a lock and seal order may submit a Form IX application under section 80-A to the Government within thirty days from the date the premises were sealed. The application must be filed in triplicate, in person or by registered post, to the Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Fort St. George, Chennai-600009.
The filing must include the notices, any reply, the lock and seal order, relied-on plans and permits, grounds of application and other relevant documents.
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
Can a planning authority inspect my property without giving notice?
Normally, the owner or occupier must receive at least seven days' notice in Form II. An inspection may be conducted without notice if the situation warrants it and the authority or authorised officer considers it appropriate.
What happens if construction continues after a stop notice?
The planning authority may require removal of the part built after Form V was served. The removal notice must allow at least seven days.
Who pays the cost of locking and sealing a property?
The expenses incurred in locking and sealing the premises are recoverable from the owner or developer of the land or building.
How long do I have to apply against a lock and seal order?
A Form IX application under section 80-A must be made within thirty days from the date the premises were sealed. It must be submitted in triplicate with the required notices, order, supporting documents and grounds.
