G.O. (Ms.) No. 195, Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022
The Housing and Urban Development [UD4(1)] Department issued G.O. (Ms.) No. 195 dated 5 November 2022, framing the Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022. The rules set procedures for inspecting, stopping, removing, locking and sealing unauthorised development, and for applying to the Government against a lock and seal order.
What the rules govern
The Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022 were issued by the Housing and Urban Development [UD4(1)] Department through G.O. (Ms.) No. 195 dated 5 November 2022. The notification was directed to be published in the Tamil Nadu Government Gazette, Extraordinary, on 5 November 2022.
Unauthorised development includes development of land or a building that is carried out:
- Without planning permission required under the Tamil Nadu Town and Country Planning Act, 1971.
- Contrary to a permission or any condition attached to it.
- After permission has been revoked.
- Contrary to a permission that has been modified.
Investigation and inspection
The appropriate planning authority, or an authorised officer, may act on its own or after receiving a complaint. It may require an owner, occupier or document holder to produce records relating to suspected unauthorised development.
An inspection normally requires at least seven days' notice to the owner or occupier. An inspection may be conducted without notice if the situation warrants it. The inspection report records matters including whether construction is complete, deviations from permission, completion certificate status, tax assessment and the availability of water, sanitation, electricity and other services.
Enforcement against owners and developers
The Tamil Nadu Town and Country Planning (Removal of Unauthorised Development) Rules, 2022 provide the following enforcement steps:
- For completed development without permission, the owner may be required to restore the land and discontinue its use within a period of at least thirty days.
- For development contrary to a permission or condition, the owner may be required to secure compliance and, where needed, discontinue use within at least thirty days.
- Ongoing unauthorised work may be ordered to stop immediately.
- If work continues, the owner may be required to remove the portion built after the stop notice within at least seven days.
- Failure to stop development or use may lead to the premises being locked and sealed. The owner or developer must bear the related expenses.
For ongoing unauthorised development, the planning authority may directly lock and seal the premises until the required planning permission is produced. The police station must be informed after sealing, and broken or tampered seals must be reported.
Application against sealing
A person affected by a lock and seal order may apply to the Government under section 80-A. The application must be submitted in triplicate within thirty days from sealing, either personally or by registered post to the Additional Secretary (Technical), Housing and Urban Development Department, Secretariat, Fort St. George, Chennai 600009. Required materials include the notices, any reply, the lock and seal order, relied-on plans and permits, grounds and other relevant documents.
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Common questions
Can officials inspect my property without advance notice?
An inspection normally requires at least seven days' notice to the owner or occupier. However, the appropriate planning authority or authorised officer may inspect without notice if the situation warrants it.
Can ongoing construction be locked and sealed immediately?
Yes. If the appropriate planning authority is satisfied that ongoing development is unauthorised, it may directly order the premises locked and sealed until the required planning permission is produced.
How long do I have to challenge a lock and seal order?
An application to the Government under section 80-A must be made within thirty days from the date the premises were sealed.
Who pays the cost of locking and sealing a property?
The expenses incurred in locking and sealing the premises are recoverable from the owner or developer of the land or building.
