Amendments to the Tamil Nadu Combined Development and Building Rules, 2019
The Municipal Administration and Water Supply Department issued G.O. Ms.No.16, dated 31 January 2020, to amend the Tamil Nadu Combined Development and Building Rules, 2019. The amendments change building permission timelines, zoning treatment, professional qualifications, development standards, setbacks and security deposit requirements, and add the Hosur, Nagercoil and Avadi City Municipal Corporations to the preamble.
What the amendments cover
The amendments issued by the Municipal Administration and Water Supply Department affect building applicants, landowners, developers, professionals and local authorities applying the Tamil Nadu Combined Development and Building Rules, 2019. They include the Hosur City Municipal Corporation, Nagercoil City Municipal Corporation and Avadi City Municipal Corporation in the preamble.
Planning permission and zoning changes
The amendments make several changes relevant to development proposals:
- Distances are added under rule 8, namely 500 m for layout and reclassification, 250 m for a high rise building and 100 m for a non high rise building.
- Written permission for buildings below 1,200 square feet must be issued within 30 days from receipt of the plan and other requirements.
- In the Chennai Metropolitan Area, sites gaining access from roads at least 12 m wide are deemed to be in a commercial use zone.
- In the rest of the Chennai Metropolitan Area, the corresponding road width is at least 9 m. Other sites are deemed to be in a residential use zone.
- An air conditioner ledge of up to 0.6 m is added to the listed building features.
Professionals and small developments
The amendments remove references to registered architects from parts of the professional registration provision and add Geo Technical Engineers, Architectural Assistants and Technical Assistants. A competent authority may use a person as an architect if that person has a Bachelor of Architecture or equivalent degree, at least two years of professional experience after obtaining the degree, and a registration certificate from the Council of Architecture.
Revised standards apply to non high rise buildings with up to 16 dwellings and specified small developments not exceeding 300 square metres. Listed uses include commercial premises, nursery and primary schools, clinics, diagnostic centres, nursing homes, hostels, libraries, police stations and government or local body offices. The table addresses road width, building height, floors, dwelling units, Floor Space Index and setbacks.
Security deposit and larger housing projects
Applicants other than government departments or agencies must provide a refundable, non interest earning security deposit equal to 50 per cent of the infrastructure and amenity charges in force per square metre of floor area. A bank guarantee may be accepted. The deposit may be forfeited if development is not completed according to the approved plan.
The security deposit does not apply to industrial buildings or qualifying residential buildings up to 12 m in height. Residential developments exceeding 100 dwelling units in a primary residential use zone may include commercial and institutional uses of up to 10 per cent of habitable floor area for occupants.
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Common questions
How quickly should permission be issued for a building below 1,200 square feet?
Written permission must be issued within 30 days from the date the plan and other requirements are received.
Does road width affect whether my site is treated as commercial?
Yes. Sites gaining access from roads at least 12 m wide in the Chennai Metropolitan Area, and at least 9 m wide in the rest of the Chennai Metropolitan Area, are deemed to be in a commercial use zone. Other sites are deemed residential.
Can the required security deposit be given as a bank guarantee?
Yes. A bank guarantee in the format prescribed by the competent authority may cover the validity period of the planning permission or continue until the completion certificate is issued.
Are small residential buildings exempt from the security deposit?
The security deposit does not apply to residential buildings up to 12 m in height that do not exceed 3 dwelling units or 750 square metres. It also does not apply to industrial buildings.
