Official guidance, Tamil Nadu land law

சுற்றறிக்கை ந.க.எண்.26423/2013 சிபி, நாள் 30.12.2013

In force

Circular ந.க.எண்.26423/2013 சிபி, dated 30 December 2013, was issued by the Commissioner of Town and Country Planning to clarify collection of scrutiny fees for regularisation proposals concerning completed existing buildings. It directs subordinate offices to calculate the fee on the total building area under Government Orders Nos. 234 and 235 of the Housing and Urban Development Department, dated 30 October 2012, and send it by bank demand draft, including for files already under consideration.

CategoryTown and country planning orders
Pages1
StatusIn force
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What the circular governs

Circular ந.க.எண்.26423/2013 சிபி, dated 30 December 2013, concerns proposals submitted under Section 113C of the Tamil Nadu Town and Country Planning Act, 1971, for regularising completed existing buildings. The Commissioner of Town and Country Planning issued the clarification with reference to Government Orders Nos. 234 and 235 of the Housing and Urban Development Department, dated 30 October 2012.

The circular addresses cases in which subordinate offices seek technical concurrence or approval from the head office for existing educational buildings and buildings used for other purposes.

Why the clarification was issued

The Commissioner recorded that proposals were being received without clear documents or proper evidence showing the year in which an existing building was constructed. This made it difficult to distinguish between:

  • Buildings constructed before 1 July 2007.
  • Buildings constructed after 1 July 2007.

The circular states that this uncertainty could result in the scrutiny fee required for buildings to be regularised not being collected, causing a loss of government revenue.

Key directions

The Commissioner of Town and Country Planning directed that:

  • Every future proposal from a subordinate office concerning a completed existing building and seeking head office technical concurrence or approval must include the applicable scrutiny fee.
  • The scrutiny fee must be calculated for the building's total area, as specified in Government Orders Nos. 234 and 235 of the Housing and Urban Development Department, dated 30 October 2012.
  • The fee must be sent as a bank demand draft drawn in the name of the Commissioner of Town and Country Planning.
  • The same action must be taken for files already under consideration at the head office.
  • The circular takes effect immediately.

Who may be affected

The directions apply directly to subordinate planning offices, head office assistant directors, planning staff, supervisory staff and accounts personnel. Owners or applicants seeking regularisation or technical approval for a completed existing building may be affected because the proposal must include the prescribed scrutiny fee for the total building area. The circular does not state the fee amount.

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Common questions

Does the circular apply only to new regularisation proposals?

No. It applies to future proposals and also requires the same action for files already under consideration at the head office.

How must the scrutiny fee be paid?

The fee must be sent as a bank demand draft drawn in the name of the Commissioner of Town and Country Planning.

What area is used to calculate the scrutiny fee?

The circular requires the scrutiny fee to be calculated for the total area of the building, following Government Orders Nos. 234 and 235 of the Housing and Urban Development Department, dated 30 October 2012.

Does the circular specify the scrutiny fee amount?

No. It refers to the fee specified in Government Orders Nos. 234 and 235 but does not reproduce the amount.