G.O.(Ms).No.07, Removal of Unauthorised Development Guidelines, 2023
The Housing and Urban Development [UD4(1)] Department issued Government Order (Ms.) No. 07 on 10 January 2023, setting guidelines for enforcement under the Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022. It explains how authorities must obtain records, inspect buildings, issue notices and, where non-compliance continues, lock and seal unauthorised developments.
What the guidelines govern
Government Order (Ms.) No. 07, issued by the Housing and Urban Development [UD4(1)] Department on 10 January 2023, guides enforcement against buildings developed without planning permission, contrary to an approved plan, or after permission has been revoked. It applies to enforcement under the Tamil Nadu Town and Country Planning Act, 1971.
Property owners, occupiers and developers may be affected when an authority investigates or takes action against an unauthorised or deviated building.
Records and inspection
The enforcement authority must first check its own database to confirm whether planning approval exists. If approval is confirmed, the authority must retrieve its copy of the approved plan for inspection rather than require the owner to supply it.
If the database shows no approval, or the authority cannot find the approved plan, Form I may give the owner at least 3 days to produce available records. Key inspection requirements include:
- Form II must give at least 7 days' notice of inspection.
- The building must be inspected in the owner's presence within 15 days.
- The inspecting officer must prepare an inspection report and identify the appropriate enforcement action.
- Officers issuing Forms I and II must meet the minimum official level specified for the relevant planning authority or local body.
Notices for different violations
The guidelines prescribe different notices according to the condition of the development:
- Form III applies where development was completed without planning permission or after permission was revoked. It must allow at least 30 days to restore the land to its earlier condition.
- Form IV applies to completed construction that departs from the approved plan. It must allow at least 30 days to restore compliance.
- Form V is a stop work notice for ongoing construction without approval or contrary to approval. It must be served on both the owner and developer.
- Form VI requires removal of work carried out after receipt of Form V and must allow at least 7 days. It must also be served on the owner and developer.
Forms IV and V must show deviations in a table, including any additional floors.
Locking and sealing
If the required correction, permission or discontinuance does not occur, the appropriate planning authority may issue Form VII to lock and seal the premises. Approval must come from the Municipal Commissioner, Chief Executive Officer or Member-Secretary of the Urban Development Authority, as applicable.
The premises must be secured against entry, and the jurisdictional police station must be informed in writing. Authorities must maintain a register of inspections, notices and lock and seal action, and submit it to the head of the authority or local body once every 3 months.
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 the enforcement authority ask me for my approved building plan?
The authority must first check its own database and records. Form I may ask you to produce available records only if the database shows no approval or the authority cannot find its copy, with at least 3 days allowed.
How much notice must I receive before a building inspection?
Form II must provide at least 7 days' notice. The authorised officer must inspect the building in the owner's presence within 15 days.
Who receives a stop work notice for ongoing unauthorised construction?
Form V must be served on both the owner and the developer. If work continues, Form VI requiring removal of the later work must also be served on both.
Can the planning authority lock and seal an unauthorised building?
Yes. If the owner or occupier does not comply with the relevant notice, the appropriate planning authority may issue Form VII and lock and seal the premises, with approval from the competent head or chief executive.
