Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenities Charges) Rules, 2008
The Housing and Urban Development Department of the Government of Tamil Nadu issued G.O. Ms. No. 22, Housing and Urban Development (UD4-1), dated 25 January 2008, creating the Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenities Charges) Rules, 2008. The rules, deemed effective from 12 November 2007, establish infrastructure and amenities charges for specified construction, development and building use changes, together with assessment, payment and appeal procedures.
What the rules govern
The Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenities Charges) Rules, 2008 require infrastructure and amenities charges to be assessed and levied separately when land or buildings are developed, when a use is introduced or changed, and for specified construction work. The charges apply to new construction, additions to existing construction and changes in the use of existing buildings.
Infrastructure includes physical facilities needed for transport, power, water supply, sewerage, drainage, communications and access, as well as technical installations and social institutions supporting human activities.
Who may be affected
The Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenities Charges) Rules, 2008 cover multistoreyed buildings, commercial buildings, information technology buildings, group developments, special buildings, institutional buildings, industrial buildings and combinations of these categories.
A person proposing such development, where planning permission is required, must apply in Form A for assessment of the charge along with the planning permission application. This application requirement excludes the State Government, Central Government, local authorities and the Tamil Nadu Slum Clearance Board.
Charge ranges
The prescribed minimum and maximum rates per square metre are:
- Multistoreyed buildings containing residential, commercial, information technology, industrial or institutional activities, or a combination: Rs. 500 to Rs. 1,000.
- Commercial buildings, information technology buildings, group developments and special buildings not included in the first category: Rs. 250 to Rs. 500.
- Institutional buildings not included in the first category: Rs. 100 to Rs. 200.
- Industrial buildings not included in the first category: Rs. 150 to Rs. 300.
For areas outside the Chennai Metropolitan Planning Area, the Director of Town and Country Planning fixes the applicable rates. Within the Chennai Metropolitan Planning Area, the Vice Chairman of the Chennai Metropolitan Development Authority fixes them. Different rates may be fixed for different building categories or areas.
Assessment, payment and appeal
The planning authority or local authority may issue a provisional demand in Form B and, after considering objections, a final assessment in Form C. Payment is divided into three instalments:
- 50 per cent before planning permission is issued.
- 25 per cent within six months from the planning permission date.
- 25 per cent within one year from payment of the second instalment, or before the completion certificate, whichever is earlier.
An affected person may appeal within thirty days of receiving the final assessment. Appeals concerning the Chennai Metropolitan Planning Area go to the Chennai Metropolitan Development Authority. Other appeals go to the Director of Town and Country Planning. A delayed appeal may be accepted for sufficient reason, but not after 180 days. Proof of payment of the admitted charge or 50 per cent of the assessed amount, whichever is higher, must accompany the appeal.
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Common questions
Will these charges apply if I add floors or space to an existing building?
Yes. The rules provide for infrastructure and amenities charges on additions to existing construction, subject to the applicable building category and rate.
Who fixes the rate for a property in Chennai?
For the Chennai Metropolitan Planning Area, the Vice Chairman of the Chennai Metropolitan Development Authority fixes the rates within the prescribed minimum and maximum ranges.
Must the full infrastructure and amenities charge be paid before planning permission?
No. The first instalment is 50 per cent and must be paid before planning permission is issued. The remaining amount is payable in two instalments of 25 per cent each.
Can I challenge the final assessment amount?
Yes. An appeal may be filed within thirty days of receiving the final assessment, subject to the required payment proof. A delayed appeal may be admitted for sufficient reason, but not after 180 days from receipt of the assessment.
