Official guidance, Tamil Nadu land law
G.O.(Ms).No.265, Delegation of Powers to Local Bodies Amendment, 2022
The Housing and Urban Development Department issued G.O.(Ms).No.265 on 21 December 2022, amending the residential planning permission powers delegated to local bodies outside Chennai under G.O.(Ms).No.154. The amendment replaces the limit based on total built-up area with a limit based on total FSI area, while retaining the limits of 10,000 square feet, 8 dwelling units, 12 metres in height and the specified floor configurations.
What the amendment changes
The Housing and Urban Development Department issued G.O.(Ms).No.265 on 21 December 2022 to amend paragraph 3(i) of G.O.(Ms).No.154, dated 13 October 2020. The earlier wording allowed local bodies outside Chennai to grant planning permission for qualifying residential buildings based on their total built-up area. The amended wording uses total FSI area instead.
Under the amended delegation, a residential building plan must meet all of these limits:
- Total FSI area must be up to 10,000 square feet.
- The building must contain no more than 8 dwelling units.
- Its height must not exceed 12 metres.
- Its configuration must not exceed Stilt plus 3 Floors, or Ground plus 2 Floors.
Who is affected
G.O.(Ms).No.265 concerns local bodies outside Chennai that exercise delegated powers to grant planning permission for residential buildings. It is also relevant to owners, builders, developers and professionals preparing residential applications that rely on those delegated powers.
The Director of Town and Country Planning and the Member-Secretary of the Chennai Metropolitan Development Authority were directed to take action in accordance with the amendment.
Why the wording was revised
The Director of Municipal Administration asked whether the earlier 10,000 square feet built-up area limit included space left for vehicle parking in stilt and basement floors. The Builders Association of India, Tambaram Centre requested that the delegated limit apply only to FSI area, stating that a non-FSI stilt floor should not be included. The Confederation of Real Estate Developers' Associations of India, Coimbatore also requested use of FSI area rather than built-up area.
After examining these requests, the Government replaced the words referring to total built-up area with total FSI area. G.O.(Ms).No.265 does not separately define FSI or provide a separate rule for each type of parking area.
Other delegated powers
G.O.(Ms).No.265 amends the residential building provision in paragraph 3(i) of G.O.(Ms).No.154. The source also records that the existing delegation of powers for commercial buildings was to continue, without setting out any new commercial building limit.
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
Is the 10,000 square feet limit based on built-up area or FSI area?
It is based on total FSI area. G.O.(Ms).No.265 replaces the earlier reference to total built-up area with total FSI area.
What other limits apply to a residential building under this delegation?
The proposal must have no more than 8 dwelling units, must not exceed 12 metres in height, and must not exceed Stilt plus 3 Floors or Ground plus 2 Floors.
Does the amendment expressly exclude stilt or basement parking from the calculation?
The amendment changes the measurement to total FSI area, but it does not separately state how each stilt or basement parking area must be treated.
Does this delegation apply to local bodies in Chennai?
No. The delegation described in G.O.(Ms).No.154 and amended by G.O.(Ms).No.265 is for local bodies except Chennai.
