G.O.(Ms).No.85, Infrastructure and Amenities Charges Rules Amendment, 2017
The Housing and Urban Development [UD4(3)] Department issued G.O.(Ms).No.85 dated 16 May 2017, amending the Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenities Charges) Rules, 2008. It replaces the minimum and maximum charge table, gives the Government power to fix rates, requires payment in one lump sum, increases interest for delay and prevents planning permission until the amount is paid.
What the amendment governs
The Housing and Urban Development [UD4(3)] Department's G.O.(Ms).No.85 dated 16 May 2017 changes how infrastructure and amenities charges are fixed and collected under the Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenities Charges) Rules, 2008. The changes apply to applicants whose buildings are assessed for these charges by a Planning Authority or Local Authority.
Rates and Government control
G.O.(Ms).No.85 dated 16 May 2017 substitutes the table of minimum and maximum rates per square metre:
- Multistoreyed buildings used for residential, commercial, Information Technology, industrial, institutional or combined activities: minimum Rs.250, maximum Rs.1,000.
- Commercial buildings, Information Technology buildings, group developments and special buildings not covered as multistoreyed buildings: minimum Rs.125, maximum Rs.500.
- Institutional buildings not covered as multistoreyed buildings: minimum Rs.50, maximum Rs.200.
- Industrial buildings not covered as multistoreyed buildings: minimum Rs.75, maximum Rs.300.
The Government must fix the applicable rates within these limits. It may set different rates for different building categories or areas after considering development factors, including infrastructure needs. The power to fix rates is retained by the Government rather than the Commissioner of Town and Country Planning or the Chennai Metropolitan Development Authority.
Payment and delayed interest
The amended Tamil Nadu Town and Country Planning (Levy of Infrastructure and Amenities Charges) Rules, 2008 require the assessed amount to be paid in one lump sum to the Planning Authority or Local Authority within thirty days from service of the Form C demand notice.
- After thirty days, interest is payable at fifteen percent per annum on the outstanding amount.
- If the amount remains unpaid beyond ninety days from service of the notice, interest is payable at eighteen percent per annum on the outstanding amount.
- Planning permission cannot be issued until the infrastructure and amenities charges are paid.
Demand notice
The substituted Form C identifies the assessed building, its location and extent, and the amount payable. It also states the thirty day payment deadline, the applicable delayed payment interest and the restriction on issuing planning permission while payment remains outstanding.
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Common questions
Who fixes the infrastructure and amenities charge for my building?
Under G.O.(Ms).No.85 dated 16 May 2017, the Government fixes the rates for all areas and building categories within the prescribed minimum and maximum limits.
Can I pay infrastructure and amenities charges in instalments?
No. The amended rules require payment in one lump sum within thirty days from service of the Form C demand notice.
What happens if I do not pay within thirty days?
Interest at fifteen percent per annum becomes payable on the outstanding amount. If payment remains outstanding beyond ninety days from service of the notice, interest at eighteen percent per annum applies.
Can planning permission be issued before the charge is paid?
No. The amended rules state that no planning permission shall be issued unless the infrastructure and amenities charges are paid.
