Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 (09 GO79 Change Landuse NonPlanned)
The Housing and Urban Development [UD4(3)] Department, through G.O. (Ms.) No. 79 dated 4 May 2017, issued the Governor of Tamil Nadu's notification establishing rules for changing agricultural land to non-agricultural use in non-planning areas. The rules require an application to the local authority, prior concurrence from the Director, land and site checks, payment of a scrutiny fee and, after concurrence, a land use conversion charge.
What the 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 and came into force at once. They govern applications to develop agricultural land for non-agricultural purposes.
A local authority means the Municipality, Town Panchayat or Village Panchayat where the land is situated. The rules distinguish dry land recorded as dry in government revenue records from wet land as defined under the Tamil Nadu Additional Assessment and Additional Water Cess Act, 1963.
Application and approval process
The Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 require a person proposing development to:
- Apply to the local authority using Form I.
- Pay a non-refundable scrutiny fee of Rs.1,000 per plot.
- Wait for permission before starting development.
- Follow the plan approved by the local authority.
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 agricultural land, the Director must obtain a report from the Joint Director of Agriculture.
After receiving the Director's concurrence, the local authority must collect a land use conversion charge equal to 3% of the applicable market value, deposit it in the government head of account and grant development permission.
Land and development checks
The Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 require checks concerning:
- Public water bodies, government poromboke land, temple land, wakf property and land belonging to religious or charitable institutions.
- Encroachments, ownership rights and access to surrounding land.
- Proposed road or rail corridors and high tension or extra high voltage electricity alignments.
- Revenue records, cultivation, irrigation sources and agricultural productivity.
- Drainage, sanitation, wastewater, rainwater, groundwater and possible inundation.
The Collector must inspect relevant wet land sites with the Deputy Director of Town and Country Planning and other officials considered necessary. The Director may also arrange an inspection or request reports.
Documents buyers and owners should note
The prescribed checklist includes ownership or authority documents, an approach road certificate, survey records, Patta, Chitta or Town Survey Land Records in the owner's name, a site plan and a surrounding area plan. It also calls for an encumbrance certificate covering 13 years, issued no earlier than 30 days before the application, and details of any water body or watercourse within or next to the site.
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
Do these rules apply to land in a planning area?
No. The Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 state that they apply to non-planning areas.
Can I begin development while my land use application is pending?
No. Form I requires the owner or applicant to agree not to proceed until the local authority issues permission.
Who must review 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.
What charges must an applicant pay?
The applicant must pay a non-refundable scrutiny fee of Rs.1,000 per plot. After the Director gives concurrence, the local authority must collect a land use conversion charge of 3% of the applicable market value.
