Letter No.13006/C2/2020, Non-insistence of Production of Renewed Planning Permit
The Tamil Nadu Registration Department, through the Inspector General of Registration, issued Letter No. 13006/C2/2020 dated 22 May 2020, directing registering officers not to demand renewed building planning permission for a construction agreement solely because the original permission has expired. The instruction was circulated to all Deputy Inspectors General of Registration, District Registrars and Sub Registrars for compliance.
What the guidance does
Tamil Nadu Registration Department Letter No. 13006/C2/2020 dated 22 May 2020 clarifies the documents that registering officers may require when a construction agreement is presented for registration. A registering officer must not insist on renewed building planning permission only because the validity period of the planning permission issued for the project has expired.
The letter circulates instructions contained in Commercial Taxes and Registration Department Letter No. 3248/J2/2020-1 dated 4 May 2020. That government clarification states that the Indian Stamp Act, 1899 and the Registration Act, 1908 do not require registering officers to insist on attachment of planning permission issued by the relevant authority.
Who is affected
Tamil Nadu Registration Department Letter No. 13006/C2/2020 dated 22 May 2020 directly applies to registering officers, including District Registrars and Sub Registrars. It is relevant to developers, builders, purchasers and others presenting construction or builder agreements for registration.
The clarification arose from a representation concerning projects where planning permission had expired because of the passage of time, completion of the project or similar circumstances. It addresses registration practice and does not state that an expired planning permission is renewed or extended.
Key instructions
The Inspector General of Registration directed registration officials to follow these points:
- A construction agreement must not be rejected or held up by demanding renewed planning permission solely because the original building planning permission has expired.
- Registering officers must continue to follow the earlier circulars cited in the letter, subject to the more recent government clarifications.
- The government clarification says that stamp duty should be collected on the property conveyed through the document.
- Registering officers need not go beyond the scope of the document when dealing with the planning permission issue described in the clarification.
- All Deputy Inspectors General of Registration were asked to acknowledge the instructions and obtain acknowledgements from District Registrars and Sub Registrars.
Practical effect
Tamil Nadu Registration Department Letter No. 13006/C2/2020 dated 22 May 2020 removes expiry of the planning permission, by itself, as a reason for demanding a renewed permit during registration of a construction agreement. The letter does not remove the requirement for registering officers to follow the other applicable departmental circulars and government clarifications cited in it.
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 a Sub Registrar demand renewed planning permission because the original permit has expired?
Not for that reason alone. Letter No. 13006/C2/2020 dated 22 May 2020 directs registering officers not to insist on renewed building planning permission solely because the original permission has expired.
Does the clarification apply to construction agreements?
Yes. The express instruction applies when a deed of construction agreement is presented for registration.
Does the letter extend or renew an expired planning permission?
No extension or renewal is stated. The letter only addresses whether registering officers may demand renewed planning permission during registration.
Must registering officers still follow the Registration Department's other circulars?
Yes. Registering officers are instructed to continue following the earlier circulars cited in the letter, subject to the recent government clarifications also cited.
