Tamil Nadu Apartment Ownership Rules, 2024 (21)
The Housing and Urban Development (HB3(1)) Department, Government of Tamil Nadu, issued G.O.(Ms.) No. 171 dated 24.09.2024 to notify the Tamil Nadu Apartment Ownership Rules, 2024 under the Tamil Nadu Apartment Ownership Act, 2022. The rules set out how apartment declarations must be filed, how associations and federations are to be registered, how existing societies must report to the competent authority, and how boards of managers are to be constituted.
What this document is
The Housing and Urban Development (HB3(1)) Department, Government of Tamil Nadu, issued G.O.(Ms.) No. 171 dated 24.09.2024 to publish the Tamil Nadu Apartment Ownership Rules, 2024 in the Tamil Nadu Government Gazette. These rules are made under the Tamil Nadu Apartment Ownership Act, 2022.
Who it affects
The Tamil Nadu Apartment Ownership Rules, 2024 affect:
- promoters of apartment buildings
- majority of apartment owners
- societies representing apartment owners
- apartment owners' associations
- federations in multi phase or multi tower developments
- existing housing societies that were already in place when the Act commenced
What the rules govern
The Tamil Nadu Apartment Ownership Rules, 2024 lay down the process for key filings before the competent authority. They cover:
- submission of declaration in Form-A by the promoter, majority of apartment owners, or a society representing the majority
- separate declaration for a specific phase or tower in a multiple phase property
- filing of federation related declarations in Forms B and D where there are constituent societies or associations and collective common areas and facilities
- amendment of a declaration through Form-E
- registration of association bye-laws through Form-F
- intimation by existing societies through Forms G and H
- entry of office bearers' names in the register maintained by the competent authority
Key provisions buyers and owners should note
- If completion certificate is not applicable under the development and building rules in force, the date of providing permanent power connection by TANGEDCO for any apartment in the project is treated as the completion certificate.
- For these rules, a person owning more than one apartment is deemed to be one apartment owner.
- In a phased development with an existing society for a specific phase or tower, that society must independently submit the declaration for that phase or tower.
- Where common areas and facilities have been handed over, the majority of apartment owners must submit the declaration. If a society manages the common areas and facilities, that society representing the majority must submit it.
- Apartment owners must form an association and make bye-laws on the lines of the model bye-laws in the Appendix, and there must be a minimum of four apartment owners to form an association.
- Existing societies must intimate the competent authority, provide authenticated bye-laws, and ensure those bye-laws are in consonance with the Act and the rules.
Board of Managers and federation
The Tamil Nadu Apartment Ownership Rules, 2024 require each association to have a Board of Managers to manage the affairs and business of the association. The board is to be one-third of the number of apartment owners of the property, subject to a maximum of twenty-one, and it is responsible for overall management of association assets and common areas and facilities. For existing societies, the executive committee is deemed to be the Board of Managers for the purposes of the Act.
For a federation, the President and Treasurer of each constituent association or society are members of the federation.
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
If my apartment project has no completion certificate, what date is used for filing purposes?
The Tamil Nadu Apartment Ownership Rules, 2024 say that where a completion certificate is not applicable under the development and building rules in force, the date of providing permanent power connection by TANGEDCO for any apartment in the project is construed as the completion certificate.
Who has to submit the declaration for an apartment building?
The promoter or the majority of apartment owners must submit the declaration in Form-A to the competent authority. If the common areas and facilities have been handed over, the majority of apartment owners must submit it, and if a society manages those common areas and facilities, that society representing the majority must submit it.
What happens in a multi phase or multi tower development?
If there is an existing society registered for a specific phase or tower, that society must independently submit the declaration in Form-A for that phase or tower. After acceptance, the office bearers of the constituent societies or associations must file a declaration of intention to form a federation, specifying the common areas and facilities.
Do existing apartment societies need to change their bye-laws?
Yes, if the bye-laws of an existing society are not in consonance with the Tamil Nadu Apartment Ownership Act and the rules, they must be amended and submitted to the competent authority. The society must also intimate the competent authority in Form-G and provide two copies of authenticated bye-laws.
