G.O.(Ms).No.166, Insisting TNRERA Registration while Issuing Planning Permission

Purpose

The Housing and Urban Development [UD4(3)] Department issued G.O.(Ms).No.166 after the Chairperson of the Tamil Nadu Real Estate Regulatory Authority reported that some promoters had not registered projects that ought to have been registered. The document notes that final approval letters already required promoters to register before starting any booking or sale.

The document also records that the Tamil Nadu Real Estate Regulatory Authority was established on 22 June 2017 following notification of the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017.

Who is affected

G.O.(Ms).No.166 affects promoters whose proposed development exceeds 500 square metres of land or includes more than 8 apartments, counting all phases of the project. It also directs the Principal Secretary and Member Secretary of the Chennai Metropolitan Development Authority and the Commissioner of Town and Country Planning to implement the requirement.

The document concerns planning permission and completion certificate processes handled by the Chennai Metropolitan Development Authority, Directorate of Town and Country Planning, Local Planning Authorities and Local Bodies.

Key requirements

• Registration of the project with the Tamil Nadu Real Estate Regulatory Authority must be included as a condition in the planning permission.
• Compliance with the registration condition is a prerequisite for issuing a completion certificate when the land proposed for development exceeds 500 square metres.
• The same completion certificate requirement applies when the project exceeds 8 apartments, inclusive of every phase.
• The responsible authority must check and ensure compliance before issuing the completion certificate.
• The registration condition must also be incorporated into the Tamil Nadu Combined Development Regulations and Building Rules, 2018.
• The document states that a promoter cannot advertise, market, book, sell, offer for sale or invite purchases of a plot, apartment or building in a real estate project in a planning area without registering the project with the Real Estate Regulatory Authority.

Relevance to buyers and owners

G.O.(Ms).No.166 creates an approval checkpoint for qualifying developments. A buyer, owner or professional dealing with a project above either threshold should expect Tamil Nadu Real Estate Regulatory Authority registration compliance to be checked before a completion certificate is issued.