Urban Development, Delegation of Powers to Local Bodies, Amendment, Orders Issued
The Housing and Urban Development [UD4(1)] Department issued G.O.(Ms).No.265 dated 21 December 2022 to amend the residential planning permission powers delegated to local bodies. It changes the applicable limit from total built-up area to total FSI area, while retaining the limits of 10,000 square feet, eight dwelling units, 12 metres in height and the specified floor configurations.
What the order changes
G.O.(Ms).No.265 dated 21 December 2022 amends paragraph 3(i) of G.O.(Ms).No.154, Housing and Urban Development (UD4(3)) Department, dated 13 October 2020. The earlier wording allowed local bodies, except Chennai, to grant planning permission for residential buildings based on a total built-up area limit of 10,000 square feet.
The amended wording replaces "total built-up area" with "total FSI area". The other stated limits remain unchanged.
Residential building limits
Under the amended delegation, a residential building plan may be handled within the delegated powers where it meets all the following conditions:
- Total FSI area is up to 10,000 square feet.
- The building contains up to eight dwelling units.
- The building does not exceed 12 metres in height.
- The building is no more than Stilt plus 3 Floors, or Ground plus 2 floors.
The source also records that the existing delegation of powers for commercial buildings is to continue. It does not provide further commercial building limits or conditions.
Why the wording was amended
The Director of Municipal Administration asked whether the earlier 10,000 square feet built-up area limit included or excluded vehicle parking space in stilt and basement floors. The Builders Association of India, Tambaram Centre, requested that the delegated limit apply only to FSI area, stating that the stilt floor was non-FSI. The Confederation of Real Estate Developers' Associations of India, Coimbatore, also requested that approval be based on FSI area rather than built-up area.
After examining these requests, the Government adopted total FSI area as the measure in the amended residential delegation.
Who should act on it
G.O.(Ms).No.265 directly concerns local bodies exercising delegated planning permission powers and applicants seeking approval for qualifying residential buildings. Property owners, buyers, builders and professionals should check whether a proposed residential plan falls within the total FSI area, dwelling unit, height and floor limits.
The Director of Town and Country Planning and the Member-Secretary of the Chennai Metropolitan Development Authority were directed to take action accordingly.
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
Is the 10,000 square feet limit based on built-up area or FSI area?
G.O.(Ms).No.265 dated 21 December 2022 changes the measure to total FSI area. The stated limit is up to 10,000 square feet of total FSI area.
How many dwelling units are allowed under the delegated residential approval power?
The residential building may contain up to eight dwelling units, subject to the other stated limits.
What height and floor limits apply?
The building must not exceed 12 metres in height and must be no more than Stilt plus 3 Floors, or Ground plus 2 floors.
Did the order remove the delegated powers for commercial buildings?
No. The source states that the existing delegation of powers for commercial buildings shall continue.
