G.O.(Ms).No.85, Amendment to Infrastructure and Amenities Charges Rules, 2017

What the government order changes

G.O.(Ms).No.85, issued by the Tamil Nadu Housing and Urban Development [UD4(3)] Department on 16 May 2017, amends the rules governing Infrastructure and Amenities Charges under the Tamil Nadu Town and Country Planning Act, 1971. These charges apply to specified categories of development requiring planning permission.

The amendments:

• Replace the table of minimum and maximum charges per square metre.
• Give the Government responsibility for fixing the applicable rates within those limits.
• Allow different rates for different building categories or areas.
• Require the assessed charge to be paid in one lump sum.
• Increase interest on unpaid amounts.
• Prevent planning permission from being issued until the amount is paid.

Minimum and maximum rates

The amended Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenities Charges) Rules, 2008 prescribe these limits:

• Multistoreyed buildings used for residential, commercial, Information Technology, industrial, institutional or combined activities: Rs.250 to Rs.1,000 per square metre.
• Commercial buildings, Information Technology buildings, group developments and special buildings not covered by the first category: Rs.125 to Rs.500 per square metre.
• Institutional buildings not covered by the first category: Rs.50 to Rs.200 per square metre.
• Industrial buildings not covered by the first category: Rs.75 to Rs.300 per square metre.

The Government fixes the actual rate for each category and area, taking account of development aspects, including infrastructure needs.

Payment and delayed payment

An applicant who receives a final assessment order and a demand notice in Form C must pay the Infrastructure and Amenities Charges to the Planning Authority or Local Authority in one lump sum within 30 days from service of the notice.

The payment rules provide that:

• Interest at 15 percent per year applies to the outstanding amount when payment is not made within 30 days.
• If the amount remains unpaid beyond 90 days from service of the notice, interest at 18 percent per year applies to the outstanding amount.
• No planning permission will be issued until the amount is paid.

Who is affected

The amendments affect applicants seeking planning permission for the listed types of multistoreyed, commercial, Information Technology, group development, special, institutional and industrial buildings. Planning Authorities, Local Authorities, the Commissioner of Town and Country Planning and the Chennai Metropolitan Development Authority must administer the revised requirements.