Tamil Nadu Apartment Ownership (Removal of Difficulties) Second Order, 2025
The Housing and Urban Development (HB3(1)) Department, Government of Tamil Nadu, issued G.O.(Ms.)No.57 dated 7 April 2025, notifying the Tamil Nadu Apartment Ownership (Removal of Difficulties) Second Order, 2025. It further extends the period for a promoter or the majority of apartment owners to submit the required declaration for a building that existed when the Tamil Nadu Apartment Ownership Act, 2022 commenced, replacing 365 days with 730 days.
What the document does
The Tamil Nadu Apartment Ownership (Removal of Difficulties) Second Order, 2025 changes the time allowed for submitting a declaration under the Tamil Nadu Apartment Ownership Act, 2022. The Housing and Urban Development (HB3(1)) Department issued the notification through G.O.(Ms.)No.57 dated 7 April 2025, under the powers given to the Governor of Tamil Nadu by section 28 of the Act.
The notification was directed to be published in the Extraordinary issue of the Tamil Nadu Government Gazette dated 7 April 2025.
Buildings and people covered
The declaration requirement applies to every building that was already in existence on the date when the Tamil Nadu Apartment Ownership Act, 2022 commenced.
For such a building:
- The promoter must submit the declaration, or the majority of apartment owners must submit it, as applicable.
- The declaration must be submitted to the competent authority.
- It must be in the prescribed form, accompanied by the prescribed fees and submitted in the prescribed manner.
The notification does not identify the form, fee amount, submission procedure or competent authority. It only changes the permitted timeline.
Change to the deadline
The original provision allowed 180 days from the commencement of the Tamil Nadu Apartment Ownership Act, 2022. Because of problems in submitting declarations, G.O.(Ms.)No.170 dated 24 September 2024 replaced 180 days with 365 days.
The Tamil Nadu Apartment Ownership (Removal of Difficulties) Second Order, 2025 now:
- Replaces the 365 day period with 730 days.
- Gives promoters or the majority of apartment owners additional time to submit the declaration.
- Records that administrative problems continued and that the 365 day timeline was not sufficient.
Relevance to apartment buyers and owners
Apartment owners in buildings that existed when the Tamil Nadu Apartment Ownership Act, 2022 commenced may be affected because the declaration can be submitted by the majority of owners where applicable. A buyer or owner checking the status of an existing apartment building can ask whether the required declaration has been submitted to the competent authority within the extended 730 day period.
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Common questions
What deadline does G.O.(Ms.)No.57 provide for the apartment declaration?
The Housing and Urban Development (HB3(1)) Department notification replaces the earlier 365 day period with 730 days.
Who must submit the declaration for an existing apartment building?
The promoter or the majority of apartment owners must submit the declaration, as applicable, to the competent authority.
Does the notification apply to newly constructed buildings?
The provision described in the notification concerns every building that was already in existence on the date when the Tamil Nadu Apartment Ownership Act, 2022 commenced.
Does G.O.(Ms.)No.57 specify the declaration form or fee?
No. It states that the declaration must be in the prescribed form, accompanied by prescribed fees and submitted in the prescribed manner, but it does not provide those details.
