G.O.(Ms).No.111, Guidelines for the Exemption of Buildings, 2017
The Housing and Urban Development [UD4(3)] Department issued G.O.(Ms).No.111 dated June 22, 2017, notifying the Guidelines for the Exemption of Buildings, 2017 under the Tamil Nadu Town and Country Planning Act, 1971. The guidelines create an online process for eligible owners and promoters to seek regularisation of buildings developed on or before July 1, 2007, and identify the authorities, documents, certificates and scrutiny fees required.
What the guidelines cover
The Guidelines for the Exemption of Buildings, 2017 apply in areas covered by the Tamil Nadu Town and Country Planning Act, 1971. They cover buildings developed on or before July 1, 2007, including ordinary buildings, special buildings, group developments and multi-storied buildings.
The guidelines define the authority responsible for receiving, processing and deciding an application according to the building type and location. In the Chennai Metropolitan Area, applications are handled by the relevant local body or the Member Secretary of the Chennai Metropolitan Development Authority. In Directorate of Town and Country Planning areas, responsibility may rest with the local body, the regional town planning authority, a planning authority or the Director of Town and Country Planning.
Who must apply
The Guidelines for the Exemption of Buildings, 2017 require eligible individual building owners and building promoters to submit an online regularisation application in Form A to the appropriate authority. The application had to be filed within six months from the notification date, together with self assessed fees and charges and the prescribed supporting particulars.
An applicant must have a right over the land or building. An application from a person without such a right must be rejected.
Main application requirements
An application for exemption must include, where applicable:
- Five copies of plans showing the construction and its use as found on site.
- Signatures from the applicant and the required architect, licensed surveyor or other professional.
- Proof that the construction existed in its present form on July 1, 2007.
- A self attested ownership document.
- Any earlier approved plan for development within the plot.
- A patta with Field Measurement Book sketch, or a Permanent Land Register extract, attested by the relevant revenue official.
- Fire and Rescue Services clearance for commercial special buildings, all multi-storied buildings and all public buildings.
- A structural stability certificate for special buildings, group developments and multi-storied buildings.
- Civil engineer certification for an ordinary building.
- Tamil Nadu Pollution Control Board clearance for industrial development, including cottage industry.
Fees and enforcement
The Guidelines for the Exemption of Buildings, 2017 prescribe an online scrutiny fee of Rs.1 per square foot for ordinary building applications and Rs.2 per square foot for other building applications. Filing an application does not stop action under the Tamil Nadu Town and Country Planning Act, 1971 unless the competent authority orders otherwise. The authority may regularise or reject the application.
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
Does this regularisation process apply to a building constructed after July 1, 2007?
The guidelines define covered buildings as those developed on or before July 1, 2007. They do not state that buildings developed after that date are covered.
Can I apply if I have no ownership or other right over the property?
No. An application by a person who has no right over the land or building must be rejected.
Does filing an application stop enforcement action against the building?
No. Filing does not prevent the competent authority from taking action under the Tamil Nadu Town and Country Planning Act, 1971 unless that authority orders otherwise.
What scrutiny fee applies to the application?
The scrutiny fee is Rs.1 per square foot for an ordinary building application and Rs.2 per square foot for an application involving any other building type. It must be paid online with the application.
