Tamil Nadu Apartment Ownership (Removal of Difficulties) Order, 2024 (2024)
The Government of Tamil Nadu, Housing and Urban Development (HB3(1)) Department issued G.O.(Ms.)No.170 dated 24 September 2024, containing the Tamil Nadu Apartment Ownership (Removal of Difficulties) Order, 2024. It extends to three hundred and sixty five days the deadlines for promoters or a majority of apartment owners to submit the declaration required under section 4(1) of the Tamil Nadu Apartment Ownership Act, 2022.
What the document does
The Tamil Nadu Apartment Ownership (Removal of Difficulties) Order, 2024 changes the time available for submitting the declaration required under section 4(1) of the Tamil Nadu Apartment Ownership Act, 2022. The Governor of Tamil Nadu made the change using the powers under section 28 of that Act.
The Government of Tamil Nadu stated that problems were being faced in submitting declarations and that the earlier timelines might not be sufficient. The notification was directed to be published in the Extraordinary issue of the Tamil Nadu Government Gazette dated 24 September 2024.
Who is responsible for the declaration
Section 4(1), as described in the notification, requires one of the following to submit the declaration to the competent authority:
- The promoter of the building.
- A majority of the apartment owners, where applicable.
The declaration must be submitted in the prescribed form, with the prescribed fees and in the prescribed manner. The notification does not provide the form, fee amount or filing procedure.
Extended deadlines
The Tamil Nadu Apartment Ownership (Removal of Difficulties) Order, 2024 makes two substitutions in section 4(1):
- For a building with a completion certificate, the earlier period of ninety days from the date of issue of that certificate is replaced with three hundred and sixty five days.
- For a building already in existence when the Tamil Nadu Apartment Ownership Act, 2022 commenced, the earlier period of one hundred and eighty days from commencement of the Act is replaced with three hundred and sixty five days.
Why it matters to apartment stakeholders
Promoters and apartment owners responsible for filing a declaration have more time to comply with section 4(1). Buyers, owners and professionals checking an apartment building should identify whether the relevant declaration falls under the completion certificate timeline or the timeline for buildings already existing when the Act commenced.
The notification only extends these two periods. It does not state that the declaration requirement has been removed, and it does not change the stated requirement to file with the competent authority in the prescribed form, manner and with the prescribed fees.
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
How long does a promoter have to submit the declaration after the completion certificate is issued?
The deadline is three hundred and sixty five days from the date the building's completion certificate is issued.
What is the deadline for a building that already existed when the Act commenced?
The promoter or majority of apartment owners, as applicable, has three hundred and sixty five days from the commencement of the Tamil Nadu Apartment Ownership Act, 2022.
Who must submit the apartment ownership declaration?
The promoter or a majority of the apartment owners of the building, as applicable, must submit it to the competent authority.
Does the notification remove the requirement to submit a declaration?
No. It extends the two submission periods but retains the requirement for the declaration to be filed in the prescribed form, with the prescribed fees and in the prescribed manner.
