G.O. (Ms.) No. 79, Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017
The Housing and Urban Development [UD4(3)] Department issued G.O. (Ms.) No. 79, dated 4 May 2017, notifying rules made by the Governor of Tamil Nadu for changing agricultural land to non-agricultural purposes in non-planning areas. The rules require an application to the local authority, scrutiny by revenue, agriculture and planning officials, payment of prescribed charges, and permission before development begins.
What the rules govern
The Housing and Urban Development [UD4(3)] Department issued G.O. (Ms.) No. 79 on 4 May 2017. The notified Tamil Nadu Change of Land Use (From Agriculture to Non-agriculture Purposes in Non-planning Areas) Rules, 2017 came into force at once and apply to non-planning areas.
The rules cover any person intending to carry out development involving a change from agricultural to non-agricultural use. An application must be submitted in Form I to the municipality, town panchayat or village panchayat where the land is situated.
Approval process and charges
The Tamil Nadu Change of Land Use Rules require the following process:
- The applicant must pay a non-refundable scrutiny fee of Rs.1,000 per plot to the local authority.
- The local authority must obtain the Director's prior concurrence before granting development permission.
- For wet land, the Director must obtain the Collector's prior concurrence.
- For dry 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 and deposit it in the Government account.
- Development must not begin until the local authority issues permission.
Land checks
The Collector must examine the revenue classification, irrigation source, cultivation history, agricultural productivity, sanitation, wastewater disposal and possible effects on canals, drains, groundwater and nearby flooding.
The Collector and Director must also check that the proposed development does not involve:
- Public water bodies such as channels, canals, tanks, lakes or rivers.
- Government poromboke land, temple land, wakf property or land belonging to religious or charitable institutions.
- Encroachment on public roads, streets or land not owned by the applicant.
- Land below high tension or extra high voltage electric lines, including tower lines.
- Land affected by proposed road or rail corridors.
- Development that blocks access to surrounding land.
The Director must ensure that suitable drainage carries wastewater and excess rainwater to a higher order drainage system or another arrangement that prevents waterlogging.
Documents applicants must provide
The application checklist includes ownership documents, access road certification, survey and revenue records, a site plan, and any proposed layout or subdivision plan. It also requires a surrounding area plan, a 13-year encumbrance certificate issued not more than 30 days before the application, and details of water bodies 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 inside a planning area?
No. The Tamil Nadu Change of Land Use Rules stated in G.O. (Ms.) No. 79 apply to non-planning areas.
Can I start construction after submitting the application?
No. The applicant must agree not to begin development until the local authority issues permission and must also obtain permission required under the relevant local body laws.
What fees and charges must an applicant pay?
The applicant must pay a non-refundable scrutiny fee of Rs.1,000 per plot. After the Director gives prior concurrence, the local authority must collect a land use conversion charge equal to 3% of the applicable market value.
Who examines wet land and dry agricultural land applications?
For wet land, the Director must obtain the Collector's prior concurrence. For dry land, the Director must obtain a report from the Joint Director of Agriculture.
