Tamil Nadu Apartment Ownership (Removal of Difficulties) Order, 2024 (20)
The Government of Tamil Nadu, Housing and Urban Development (HB3(1)) Department, issued Government Order (Ms.) Number 170, dated 24 September 2024, notifying the Tamil Nadu Apartment Ownership (Removal of Difficulties) Order, 2024. The Order amends the declaration timelines under the Tamil Nadu Apartment Ownership Act, 2022, extending both the period following a completion certificate and the period for buildings already in existence to 365 days.
Purpose and legal effect
The Tamil Nadu Apartment Ownership (Removal of Difficulties) Order, 2024 was made by the Governor of Tamil Nadu under section 28 of the Tamil Nadu Apartment Ownership Act, 2022. Government Order (Ms.) Number 170 of the Housing and Urban Development (HB3(1)) Department, dated 24 September 2024, directs publication of the notification in the extraordinary issue of the Tamil Nadu Government Gazette.
The Order changes the time allowed for submitting the declaration required under section 4(1) of the Tamil Nadu Apartment Ownership Act, 2022. It does not remove the declaration requirement.
Changes to declaration deadlines
The Tamil Nadu Apartment Ownership (Removal of Difficulties) Order, 2024 makes two substitutions:
- For a building with a completion certificate, the period for submitting the declaration is extended from 90 days to 365 days from the date the completion certificate is issued.
- For every building that existed when the Tamil Nadu Apartment Ownership Act, 2022 commenced, the period is extended from 180 days to 365 days from the date the Act commenced.
The source does not specify a new form, fee or filing procedure. It states that the declaration must be submitted in the prescribed form, with the prescribed fees and in the prescribed manner, to the competent authority.
Who is affected
The declaration requirement applies to:
- The promoter of the building, where applicable.
- A majority of the apartment owners of the building, where applicable.
Apartment promoters and owners should identify which of the two timelines applies to their building. Buildings receiving a completion certificate are covered by the completion certificate timeline, while buildings already in existence when the Act commenced are covered by the commencement timeline.
Reason for the extension
The Government recorded that problems were being faced in submitting declarations and that the original timelines might not be sufficient. The extended periods were introduced to remove those difficulties in implementing section 4(1) of the Tamil Nadu Apartment Ownership Act, 2022.
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Common questions
How long do I have to submit the declaration after a completion certificate is issued?
The Tamil Nadu Apartment Ownership (Removal of Difficulties) Order, 2024 extends the period from 90 days to 365 days from the date of issue of the building's completion certificate.
What is the deadline for a building that already existed when the Act commenced?
The declaration may be submitted within 365 days from the date the Tamil Nadu Apartment Ownership Act, 2022 commenced. The previous period stated in the notification was 180 days.
Who must submit the apartment ownership declaration?
The promoter or a majority of the apartment owners of the building, as applicable, must submit the declaration to the competent authority.
Does the extension cancel the declaration requirement?
No. The Tamil Nadu Apartment Ownership (Removal of Difficulties) Order, 2024 only extends the filing timelines. The declaration must still be submitted in the prescribed form, with the prescribed fees and in the prescribed manner.
