Guidelines for the Exemption of Buildings, 2017 (2017)
The Housing and Urban Development [UD4(3)] Department, through G.O.(Ms).No.111 dated 22 June 2017, issued the Guidelines for the Exemption of Buildings, 2017 under the Tamil Nadu Town and Country Planning Act, 1971. The guidelines establish an online process for seeking exemption and regularisation of buildings developed on or before 1 July 2007, identify the competent authorities, prescribe supporting documents and fees, and state which developments may or may not be considered.
What the guidelines govern
The Guidelines for the Exemption of Buildings, 2017 apply to areas covered by the Tamil Nadu Town and Country Planning Act, 1971. They concern buildings or classes of buildings developed on or before 1 July 2007 that deviate from provisions of the Act, rules or regulations.
The Guidelines for the Exemption of Buildings, 2017 affect eligible individual building owners and building promoters. They were required to submit an online regularisation application in Form A to the competent authority within six months from the notification date, together with self-assessed fees, charges and prescribed particulars.
Application requirements
An exemption application must be made online to the competent authority. Key requirements include:
- Five copies of plans showing the construction and its use under existing site conditions, signed by the applicant and the required professional.
- Proof that the construction existed in its present form on 1 July 2007.
- A self-attested ownership document.
- Patta with Field Measurement Book sketch, or a Permanent Land Register extract, attested by the concerned Revenue official.
- Any earlier approved plan for development within the plot, where available.
- Fire and Rescue Services documents for commercial special buildings, all multi-storied buildings and all public buildings.
- A structural stability certificate for special buildings, group developments and multi-storied buildings. For an ordinary building, certification by a civil engineer is sufficient.
- Tamil Nadu Pollution Control Board clearance for industrial development, including cottage industry.
The scrutiny fee is Rs.1 per square foot for an ordinary building application and Rs.2 per square foot for an application concerning another type of building. Payment must be made online with the application.
Authorities and limits
The competent authority depends on the location and building category. Within the Chennai Metropolitan Area, applications are handled by the relevant local authority or the Member Secretary of the Chennai Metropolitan Development Authority. In Directorate of Town and Country Planning areas, responsibility may rest with the local authority, regional planning officer, planning authority or Director of Town and Country Planning.
An applicant without rights over the land or building must be rejected. Filing an application does not prevent enforcement action unless the competent authority orders otherwise. A building with encroachment, including aerial encroachment onto a public road or street, cannot be considered for exemption.
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 regularisation scheme cover a building constructed after 1 July 2007?
No. The Guidelines for the Exemption of Buildings, 2017 define covered buildings as those developed on or before 1 July 2007.
Can a person apply without having rights over the land or building?
No. An application from a person who has no right over the land or building must be summarily rejected.
Does filing an exemption application stop enforcement action?
No. Filing an application does not prevent the competent authority from taking action under the Tamil Nadu Town and Country Planning Act, 1971, unless the authority orders otherwise.
Can a building encroaching onto a public road be regularised?
No. A building with an encroachment, including an aerial encroachment onto a public road or street, is not to be considered for exemption.
