G.O.(Ms).No.36, Amendment to the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017
The Housing and Urban Development [UD4(1)] Department issued G.O.(Ms).No.36 dated 17 February 2021, amending the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017. The amendment allows development charges collected for a layout to be used for basic infrastructure in other areas within the same local authority when that layout already has all basic infrastructure facilities to the local authority's satisfaction.
What the document changes
The Housing and Urban Development [UD4(1)] Department issued G.O.(Ms).No.36 dated 17 February 2021 under sections 113 and 122 of the Tamil Nadu Town and Country Planning Act, 1971. It adds a proviso to rule 10 of the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017.
The appended notification was directed to be published in the Tamil Nadu Government Gazette Extraordinary dated 17 February 2021.
How development charges may be used
The amendment addresses the use of development charges collected for a layout under the regularisation rules. It provides that:
- All basic infrastructure facilities in the layout must already have been provided.
- The local authority must be satisfied that those facilities have been provided.
- When those conditions are met, development charges collected for that layout may be used in other areas.
- Those other areas must fall within the same local authority.
- The permitted infrastructure includes roads, drinking water and storm water drains.
The amendment uses the word “may”, so it permits this use of the collected development charges when the stated conditions are satisfied.
Who may be affected
The amendment is relevant to local authorities administering development charges collected for regularised unapproved layouts and plots. It is also relevant to owners, buyers and professionals reviewing how charges associated with a layout can be applied.
For a particular layout, the key factual question is whether all basic infrastructure facilities have been provided to the satisfaction of the local authority. If so, the collected development charges need not be confined to infrastructure work inside that layout and may instead support qualifying infrastructure elsewhere within the same local authority.
What the amendment does not state
G.O.(Ms).No.36 dated 17 February 2021 does not state that an individual unapproved plot or layout becomes regularised automatically. The text only adds a provision about using development charges after the local authority is satisfied that all basic infrastructure facilities have been provided in the layout.
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
Can development charges from my layout be spent somewhere else?
Yes, if all basic infrastructure facilities in the layout have been provided to the local authority's satisfaction. The charges may then be used for basic infrastructure in other areas within that same local authority.
What infrastructure can the development charges fund?
The amendment lists roads, drinking water and storm water drains as examples of basic infrastructure facilities.
Who decides whether the layout already has all basic infrastructure?
The amendment requires the facilities to have been provided to the satisfaction of the local authority.
Does G.O.(Ms).No.36 automatically regularise an unapproved plot?
No automatic regularisation is stated. The amendment concerns how development charges collected for a layout may be used.
