official guidance

Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 (2017)

The Governor of Tamil Nadu issued the Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017, effective from 1 January 2017, to regulate development involving agricultural land in non-planning areas. Applicants must apply through the relevant local authority, pay the prescribed scrutiny fee and obtain permission after the required land and departmental checks. The source text does not identify a department or order number.

Category
Revenue and land administration
Effective
1 January 2017
Pages
11
Status
In force
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What the 2017 rules govern

The Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 apply to non-planning areas. They cover applications to develop land and change its use from agriculture to non-agriculture purposes. A local authority means the Municipality, Town Panchayat or Village Panchayat where the land is situated.

The rules distinguish between dry land recorded as dry in government revenue records and wet land as defined under the Tamil Nadu Additional Assessment and Additional Water Cess Act, 1963. They also define layouts as divisions involving a new road or street, and subdivisions as divisions of land abutting an existing road or street.

Application and approval process

The Tamil Nadu Change of Land Use Rules require anyone proposing development in a non-planning area to apply to the local authority in Form I. The applicant must pay a non-refundable scrutiny fee of Rs.1,000 per plot and agree not to begin development until permission is issued.

Key approval steps include:

  • The local authority must obtain the Director's prior concurrence before granting permission.
  • For wet land, the Director must obtain the Collector's prior concurrence.
  • For dry land, the Director must obtain a report from the Joint Director of Agriculture.
  • The Collector may inspect the site with the Deputy Director of Town and Country Planning and relevant departmental officials.

Land checks that can affect approval

The Tamil Nadu Change of Land Use Rules require checks concerning public water bodies, Government Poromboke land, temple land, wakf property, land belonging to religious or charitable institutions, encroachments and land under high tension or extra high voltage lines. Land fit for continued cultivation is also identified as a restricted category.

The Collector must consider revenue records, surrounding development, irrigation sources, cultivation history, agricultural productivity, sanitation and wastewater disposal. Irrigation channels and natural storm water drains must not be obstructed, and development must not cause groundwater depletion or inundation nearby.

Documents buyers and owners should expect

The application checklist includes:

  • Ownership documents, revenue records, survey sketches and a legal opinion on title.
  • Site, layout or subdivision plans and a plan showing surrounding development within 500 metres.
  • An encumbrance certificate for 13 years, issued not earlier than 30 days before application.
  • Access road certification and applicable no objection certificates.
  • Details of water bodies or watercourses within or adjoining the site.
  • Structural, fire service, aviation and other certificates where applicable.

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 I start work while my land use application is being processed?

No. The applicant must agree not to proceed until the local authority issues permission and must carry out work only according to the approved plan.

Who reviews an application involving wet agricultural land?

The local authority must obtain the Director's prior concurrence, and the Director must obtain the Collector's prior concurrence for wet land.

Can development be approved on a public water body or Government Poromboke land?

The Collector must be satisfied that the proposed land is not a public water body or Government Poromboke land. The Director must also ensure that the proposed development is not wholly or partly in a public water body.

What ownership records must accompany the application?

The checklist requires self-attested ownership documents, the survey sketch, Patta, Chitta or Town Survey Land Records in the owner's name, a 13-year encumbrance certificate and a legal opinion on land ownership.