Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2017

What the rules govern

The Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2017 apply in areas covered by the Tamil Nadu Town and Country Planning Act, 1971. They cover buildings completed on or before 1 July 2007 that deviate from certain requirements under the Act, rules or regulations.

The rules apply across Tamil Nadu except hill areas under the Hill Area Conservation Authority. They do not provide for regularisation of a vacant site or plot.

Who may be affected

The rules may affect owners or applicants seeking exemption for ordinary buildings, special buildings, group developments or multi-storied buildings. Different authorities handle applications depending on the building type and whether it is within the Chennai Metropolitan Planning Area or an area administered by the Directorate of Town and Country Planning.

For Chennai, applications may be handled by the relevant local body authority or the Member-Secretary of the Chennai Metropolitan Development Authority. Outside Chennai, the authority may be the relevant local body, field-level Town and Country Planning officer, planning authority or Director of Town and Country Planning.

Key requirements

• The applicant had to file an online regularisation application within six months from notification of the rules.
• The applicant must assess the violations, calculate the applicable regularisation fees and submit the full assessed amount online.
• If under-assessment is detected at any stage, the application must be rejected, the amount forfeited and enforcement action taken.
• Penalty is calculated using the Registration Department guideline value prevailing on the application date.
• Offsite parking, where provided, must be within 500 metres. The applicant must produce ownership or lease documents, with a lease having at least 33 years validity.
• Special buildings, group developments and multi-storied buildings require a structural stability certificate from a registered Structural Engineer, in consultation with the competent Geo-Technical Engineer.
• Ordinary buildings require certification by a Registered Civil Engineer.
• Commercial special buildings, all multi-storied buildings and all public buildings require Fire and Rescue Services no objection and compliance certificates.
• Plans must be signed by the appropriate Registered Architect, Registered Civil Engineer or Licenced Surveyor.
• The scrutiny fee is Rs.1 per square foot for ordinary buildings and Rs.2 per square foot for other buildings.

Existing applications and corrections

Fees already paid under earlier applications under sections 113-A or 113-B may be adjusted where the stated conditions apply. The competent authority may require corrective work and specify a completion period of no more than six months. Failure to complete required corrections results in rejection of the application.