G.O.(Ms).No.07, Guidelines for Removal of Unauthorised Development

What the guidelines govern

G.O.(Ms).No.07 dated 10 January 2023 provides procedures for planning authorities and local bodies dealing with buildings constructed without planning permission, in deviation from an approved plan, or after permission has been revoked. It affects building owners, occupiers, developers and enforcement officials.

The guidelines follow the Madras High Court observation that an enforcement authority which sanctioned a plan should not routinely ask an alleged violator to provide its copy.

Checking records and inspecting buildings

The enforcement authority must first check its database to confirm whether approval was issued. If approval exists, the authority must retrieve the approved plan from its own records and take it to the inspection.

If the database shows no approval, or the authority does not have the approved plan, the owner must be given an opportunity to produce available records. Key steps are:

• Form I must allow at least 3 days for producing documents.
• Form II must give not less than 7 days notice of inspection.
• The authorised officer must inspect the building in the owner's presence within 15 days.
• The inspecting officer must prepare an inspection report and identify the appropriate enforcement action.

The officer issuing Forms I and II cannot be below the designated planning, architectural, supervisory or engineering level specified for the relevant authority or local body.

Notices for different violations

G.O.(Ms).No.07 dated 10 January 2023 prescribes different forms according to the condition of the development:

• Form III applies where development was completed without planning permission or after permission was revoked. It must give at least 30 days to restore the land and is served on the owner or occupier.
• Form IV applies to completed construction that departs from an approved plan. It must give at least 30 days to restore compliance and is served on the owner or occupier.
• Form V is a stop work notice for ongoing work without approval or contrary to approval. It must be served on both the owner and developer.
• Form VI requires removal of work continued after receipt of Form V. It must give at least 7 days and be served on both the owner and developer.

Forms IV and V must tabulate approved details, site conditions and deviations, including additional floors.

Locking, sealing and monitoring

The Head or Chief Executive Officer of the authority or local body must issue Form VII for locking and sealing. Locked premises must be kept in safe custody, reported in writing to the jurisdictional police station and checked frequently for unauthorised occupation. Broken or tampered seals must also be reported to the police.

Officials must monitor notice deadlines without delay. A register recording inspections and notices must be submitted to the Head or Chief Executive Officer once every 3 months.