Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 (2017)
The Housing and Urban Development [UD1(2)] Department of the Government of Tamil Nadu issued G.O.(Ms) No.112 dated 22 June 2017, approving the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 under the Real Estate (Regulation and Development) Act, 2016. The rules came into force on 22 June 2017 and establish requirements for project registration, promoter disclosures and the treatment of ongoing projects.
What the rules do
The Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 were made by the Governor of Tamil Nadu to implement the Real Estate (Regulation and Development) Act, 2016 in the State. They came into force on 22 June 2017 and support mandatory registration and regulatory oversight of real estate projects.
The rules affect real estate promoters, landowners involved in development agreements, project allottees and buyers. They also identify when a project under development is treated as an ongoing project.
Project registration requirements
The Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 require a promoter applying to register a project to provide additional information and documents, including:
- An authenticated copy of the promoter's PAN card and the audited balance sheet for the preceding financial year.
- The legal title deed for the project land and documents authenticating title.
- Details of encumbrances and any rights, title, interest or claims affecting the land.
- The landowner's consent and relevant development, collaboration or joint development agreement where the promoter does not own the land.
- The project's latitude and longitude.
- Approved plans, approval letters and No Objection Certificates submitted for planning permission and building licence.
- Approved parking details and designs for structural stability, electrical wiring, plumbing and sewage treatment.
Applications must be made in Form A and submitted in triplicate until the process becomes web based. The promoter must also submit the declaration in Form B, including a statement that no allottee will be discriminated against when an apartment, plot or building is allotted.
Fees and withdrawal
The Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 require a registration fee at the rate specified by the Real Estate Regulatory Authority from time to time. No registration fee is levied for projects developed by the Tamil Nadu Slum Clearance Board, affordable housing projects of the Tamil Nadu Housing Board, or housing projects executed by the Tamil Nadu Police Housing Corporation.
If an application is withdrawn before the stated registration decision period expires, the Authority may retain the prescribed processing fee and must refund the balance within thirty days of withdrawal.
Ongoing projects
The Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 generally treat a project as ongoing where development continues and no completion certificate has been issued. Certain layout projects and specified structurally completed projects within or outside the Chennai Metropolitan Area are excluded, subject to the stated filing, certification, photograph and disclosure requirements.
Agreements already made between promoters and allottees before the rules commenced are not affected.
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Common questions
When did the Tamil Nadu Real Estate Rules come into force?
The Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 came into force on 22 June 2017.
What title documents must a promoter provide for registration?
The promoter must provide the legal title deed and documents authenticating title, together with details of encumbrances. If another person owns the land, the promoter must also provide the owner's consent, the relevant development agreement and documents showing the owner's title.
Are government housing projects exempt from the registration fee?
The registration fee is not levied for projects developed by the Tamil Nadu Slum Clearance Board, affordable housing projects of the Tamil Nadu Housing Board, or housing projects executed by the Tamil Nadu Police Housing Corporation.
Will an agreement signed before these rules began remain valid?
An agreement entered into between a promoter and an allottee before the commencement of the Tamil Nadu Real Estate (Regulation and Development) Rules, 2017 is not affected.
