Official guidance, Tamil Nadu land law
G.O.(Ms.)No.76, Guidelines for Concurrence for Educational Institution Buildings in Non-plan Areas
The Housing and Urban Development [UD4(3)] Department issued Government Order (Ms.) No. 76 on 14 June 2018, setting guidelines for Town and Country Planning Department concurrence for educational institution buildings constructed and functioning for educational use before 1 January 2011 in non-plan areas of Tamil Nadu. The concession was available for three months from the date of the order and excluded buildings with specified encroachments or land issues.
What the guidelines cover
Government Order (Ms.) No. 76 of the Housing and Urban Development [UD4(3)] Department created a process for eligible educational institutions in non-plan areas to obtain concurrence from the Town and Country Planning Department. It followed proposals submitted by the Commissioner of Town and Country Planning after representations from associations of self-financing colleges and private schools.
For an institution, owner or buyer, the main questions are whether the building existed and was used for education before the cutoff date, whether the required records are available, and whether the property falls within any prohibited category.
Eligibility, charge and authority
The guidelines provide that:
- The building must have been constructed and functioning as an educational use building before 1 January 2011.
- A one time charge of Rs. 7.50 per square foot of Floor Space Index area had to be self-assessed and paid into the Infrastructure and Amenities Fund Account.
- Any balance could be collected by the planning authority or regional office before concurrence was granted.
- Online payment was provided, with an offline payment option also to be made available.
- The concession was valid for three months from 14 June 2018.
- The Director of Town and Country Planning was the competent authority to grant concurrence.
Documents required
An applicant had to submit online:
- Proof that the institution and building were functioning or in existence before 1 January 2011. Accepted examples included approval records from the listed education authorities, a panchayat, the Department of School Education or the Department of Higher Education, or an electricity bill payment challan.
- A no objection certificate from the Fire Safety and Rescue Services Department.
- A self-attested copy of the ownership document.
- Certification from a licensed surveyor and structural engineer or architect that the submitted plans matched site conditions and correctly stated the total floor area and Floor Space Index area.
Restrictions and other controls
Concurrence could not be considered for a building with any encroachment, including aerial encroachment, on a public road, street, poramboke land, local authority land, open space, recreational area or water body. Land affected by the former Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 was also excluded.
Applicants also had to comply with the listed civil aviation, defence, coastal zone, ancient monument, heritage town height, atomic power plant, electricity and hill station building controls.
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
Does the guideline apply to an educational building opened after 1 January 2011?
No. Eligibility was limited to buildings constructed and functioning for educational use before 1 January 2011.
Who could grant concurrence under Government Order (Ms.) No. 76?
The Director of Town and Country Planning was the competent authority to grant concurrence.
Can a school or college building with an encroachment receive concurrence?
No. Buildings with specified encroachments, including aerial encroachments on public roads, poramboke land, local authority land, open spaces, recreational areas or water bodies, could not be considered.
How long was the application concession available?
The concession was valid for three months from the order date of 14 June 2018.