* *
Extent of violation in respect of minimum required road width shall not exceed 20%;
* *
Violation in respect of required minimum setback spaces shall not exceed 50%;
* * Floor
space index shall not exceed 50% of the allowable limit;
Guidelines – Tamil Nadu (TN) Guidelines under section 113-C of the
Tamil Nadu Town and Country Planning
Act, 1971 for the Exemption of Buildings
and Assessment and Collection of amount for Exemption, 2012 – Notification – Issued.
In exercise of the powers conferred by section 113-C of the Tamil Nadu Town and Country Planning Act, 1971
(Tamil Nadu Act 35 of 1972), the Governor of TN hereby makes the following
Guidelines:-
GUIDELINES..!
* These Guidelines may be called the Tamil Nadu Guidelines for the Exemption of
Buildings and Assessment and Collection of amount for Exemption, 2012.
* They shall be applicable
to the areas covered by the provisions of
the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act
35 of 1972) as per sub-section (2) of
section 1 of the said Act.
Definition.- In these
guidelines, unless the context otherwise
requires-
* “Act” means, the Tamil Nadu
Town and Country Planning Act, 1971 (Tamil
Nadu Act 35 of 1972);
* “amount for exemption ” means
an amount collected under the Rules for
exempting the development of any building or class of buildings referred to in section 113-C of the
Act;
* “Competent Authority” means,
–
(1) in the case of Town
Panchayats and Village Panchayats in the
Chennai Metropolitan Area, the Chief Planner of
Chennai Metropolitan Development Authority or an authority designated by him;
(2) in the case of a Municipal
Corporation, the Commissioner of the said
Corporation;
(3) in the case of a
Municipality, the Municipal Commissioner
of the said Municipality;
(4) in the case of a Town
Panchayat or Village Panchayat
outside Chennai Metropolitan Area the Member Secretary of the Local Planning Authority or the New
Town Development Authority functioning
under the Town and Country Planning department
or the Regional
Deputy Director of Town and Country Planning department or the Regional
Assistant Director of Town and Country Planning
department, as the case may be;
(5) “flat” means a set of rooms especially on one floor with a kitchen and a bathroom; (e) “floor
space index (FSI)” means the quotient obtained by dividing the total covered
area (plinth) on all floors excepting the areas specifically exempted under the
respective rules, prevailing as on the 1st July 2007 in the respective areas,
by the plot area which includes part of the site used as exclusive passage.
(FSI = Total covered area on all floors ÷ Plot area);
(6) “group development” means the building defined as group
development in the respective rules prevailing as on the 1st July 2007 in the
respective areas;
(7) “guideline value” means the prevailing guideline value of a land
in terms of rupees per square metre
fixed by the Registration department of the State of Tamil Nadu, as prevalent
on the date of filing application;
(8) “land use zoning” means the use zone of a site specifically
designated in the prevailing master plan and/or a detailed development plan or
a new town development plan as on the 1st July 2007 in the respective areas
prepared under the Act;
(9) “local authority” means –
(a) a Municipal Corporation
established under any law for the time being in force; or
(b) a Municipality or a Town
Panchayat constituted under the Tamil Nadu District Municipalities Act, 1920
(Tamil Nadu Act V of 1920); or
(c) a Panchayat Union Council
constituted under the Tamil Nadu
Panchayats Act,1994 (Tamil Nadu Act 21 of 1994);
(10) “multi-storeyed building” means the building defined as
multistoreyed building in the respective rules prevailing as on the 1 st July
2007 in the respective areas;
(11) “ordinary building” means a building, which does not fall within
the definition of special building, group development or multistoreyed building
defined in the respective rules prevailing as on the 1st July 2007 in the respective areas;
(12) “parking space” means an area covered or open, sufficient in
size to park vehicles together with
drive way connecting the parking lot
with road or street and permitting ingress or egress of the vehicles;
(13) “road or street width” means the whole extent of space
within the boundaries of the road or
street measured at right angles to the
course of direction of such road or street; road width measurements for the
above, shall be of the road as designed
and laid;
(14) “Rules” means “the Tamil Nadu Assessment and Collection of amount
for Exemption of Buildings Rules, 2012”.
(15) “setback” means open space across front or sides or rear of a
plot between the building and street alignment or boundary of the plot, as the case may be;
(16) “special building” means the building defined as special building
in the respective rules prevailing as on the 1st July 2007 in the respective areas;
(17) other terms used in these guidelines, unless the context otherwise requires, shall have the meaning as
defined under section 2 of the Act, or any other law relating to local
authorities for the time being in force
or in any other rule or by-law or
regulation made thereunder or in the respective rules prevailing as on
the 1st July 2007 in the respective areas;
Application for Exemption.-
* Application for exemption in
Form A appended to these Guidelines, shall be made to the competent
Authority.
* The application shall be
accompanied by the following:-
Five copies of plans showing
the construction as per site conditions
including its usage, duly signed by both the
applicant who has the right over the land to develop and the Architect or a Civil Engineer or a Licensed
Surveyor and other professionals as
prescribed by the local authority concerned in their respective Act or Building
Rules with conclusive proof to establish that the construction was completed
before the 1st July 2007;
* A copy of ownership document
duly attested by a Notary Public;
* If there is an earlier approval for existing developments within the plot, a copy of the approved plan,
duly attested by an Architect or a Civil
Engineer or a Licensed Surveyor and other professionals as prescribed by the
local authority concerned in their respective Act or Building Rules;
* A copy of patta with Field Measurement Book (FMB) sketch or
Permanent Land Register (PLR) Extract duly attested by an officer not lower in
the rank of the Deputy Tahsildar;
* A copy of property tax work sheet indicating the number of
floors and built-up area of the building which was in existence on or
before 1 st July 2007 duly attested by the competent authority of the
respective local body; (f) A certificate
issued by the local authority to the effect that adequate measures for lighting and
ventilations (either natural or mechanical) have been taken;
* A certificate issued by the
Director of Fire Safety and Rescue
Services, wherever applicable, to the effect that adequate fire safety measures have been taken;
* A certificate issued by a
qualified structural engineer to the
effect that the building is structurally sound and safe;
* Clearance from the Tamil Nadu
Pollution Control Board for any
industrial development including cottage industry;
* Demand draft or Banker’s
cheque from any Nationalised Bank,
towards scrutiny fee at the rate of Rs.4.50/- (Rupees four and paise fifty
only) per square metre for total
floor area of buildings within the site,
drawn in favour of “the Member Secretary, Chennai Metropolitan Development Authority”, payable at Chennai, in the case
of Chennai Metropolitan Area or drawn in
favour of “the Commissioner of Town and
Country Planning, Chennai”, payable at Chennai in the case of areas other than
Chennai Metropolitan Area;
* Declaration of the violated
road width, setback spaces and floor
area category-wise and self assessment of the amount for exemption payable with detailed working
sheets duly signed by both the applicant and an Architect or a Civil Engineer or a Licensed Surveyor and other professionals
as prescribed by the local authority concerned in their respective Act or the
Building Rules;
* Demand draft or Banker’s
cheque from any Nationalised Bank for
the sum worked out in clause (k) above as
payment in advance towards self-assessed amount for exemption drawn in favour of “the Member
Secretary, Chennai Metropolitan Development Authority”, payable at Chennai, in
the case of Chennai Metropolitan Area or drawn in favour of “the Commissioner
of Town and Country Planning, Chennai”, payable at Chennai in the case of areas
other than Chennai Metropolitan Area. Such payment in advance shall be adjusted
against the amount for exemption eventually assessed by the competent authority
and other fees or charges leviable for issue of planning and building
permission;
* A notarised undertaking in a
non-judicial stamp paper of value not
less than twenty rupees agreeing to remit the balance amount for exemption, if
any, as assessed by the competent authority after adjusting the advance payment
made, and also all other fees and charges normally leviable for planning and
building permission, from time to time, by
the competent authority;
* In the case of flats, for considering to assess for the amount for
exemption for the whole development, the application shall be made jointly from
a majority that is, above fifty per
cent) of flat owners in the plot or their association authorised by the
resolution to do so, paying self–assessed amount for exemption for the total
violated area within the site and furnishing an undertaking to pay the balance
amount for exemption and also all other fees and charges normally leviable, for
planning and building permission, from time to time by the competent authority,
for the whole building, within the plot.
* Any application made by any
person for assessment of amount for exemption who does not have any right over
the land or building shall be summarily rejected.
Guidelines for exemption!
The following shall be the
guidelines for exemption of any building or class of buildings developed on or
before the 1st day of July 2007 and deviated from all or any of the provisions
of the Act or any rule or regulation made thereunder:-
** The building should have
been completed on or before the 1st July
2007 and in confirmity with the following:-
(1) The Civil Aviation
Regulations of the Ministry of Tourism
and Civil Aviation under the Aircraft Act, 1934 (Central Act XXII of 1934);
(2) The Ministry of Defence
Regulations for developments in the
vicinity of the Air Force stations within 100 metres around areas notified under the works of
Defence Act, 1903 (7 of 1903);
(3) The Regulations of the
Chennai Regional Advisory Committee
constituted by the Ministry of Communication;
(4) The Coastal Zone
Regulations of the Ministry of Environment and Forest under the Environment
(Protection) Act, 1986 (Central Act 29 of 1986); notified in Gazette of India
Extraordinary Part-II, Section 3, sub-section (ii) dated 6.1.2011. The Ancient Monuments and Archaeological
Sites and Remains Act, 1958 (Central Act 24 of 1958);
(5) The Tamil Nadu District
Municipalities (Hill Stations) Building Rules, 1993; (f) The Tamil Nadu Hilly Areas Special Building
Rules, 1981;
(6) Height Restrictions to
buildings in Heritage Towns as per
G.O.(Ms).No.22, MA&WS (MAI) Department, dated 30.1.1997.
No building with any encroachment..!
* No building with any
encroachment including aerial encroachment on to a public road or street or on
a poramboke land or /on local authority lands, open space and recreational
areas, water bodies and land affected by the erstwhile Tamil Nadu Urban Land
(Ceiling and Regulation) Act, 1978( Tamil Nadu Act 24 of 1978) shall be considered for exemption;
* No developments in the
Aquifer Recharge Area restricted for
development shall be considered for exemption;
* No development in the Red
Hills Catchments Area restricted for
development shall be considered for exemption;
* Parking as per the standards
prescribed in the respective rules prevailing as on the 1st
July 2007 in the respective
areas, shall be made available within the premises under reference or in the
vicinity not exceeding a distance of 250 metres from the site under reference
exclusively earmarking such parking spaces for the building under
consideration; should such a parking space be provided in the vicinity, the
said parking lots shall be either owned or in enjoyment under lease for a
continuous period of not less than 30 years;
* Extent
of violation in respect of minimum required road width shall not exceed 20%;
* Violation in respect of required minimum
setback spaces shall not exceed 50%;
* Floor
space index shall not exceed 50% of the allowable limit;
* Any activity in the building shall be in conformity with the land use zoning;
* No hazardous
activity or industry
in a zone
other than special and hazardous use zone shall be
considered for exemption;
* Any development or
regularisation shall conform to the rules 79 and 80 of the then prevailing
Indian Electricity Rules, 1956 and the Tamil Nadu Tax on Consumption or Sale of
Electricity Act, 2003 (Tamil Nadu Act 12
of 2003) and the Tamil Nadu Tax on Consumption or Sale of Electricity Rules,
2003 in respect of clearance from high tension and extra high voltage lines.
5. Processing of the Application.-
The competent authority
shall, on receipt of an application made
under the guideline 3, examine the same with reference to the provisions of the
Act or other laws and rules and regulations made thereunder prevailing as on
the 1 st July 2007, as the case may be,
in the respective areas, call for any additional details or particulars, if necessary:
Provided that if the additional details or particulars called for by
the competent authority are not furnished within sixty days from the date of
receipt of the communication by the
applicant, the application shall be
rejected and the advance made under guideline shall be refunded.
* The scrutiny fee paid under guideline shall stand forfeited.
* The Competent Authority,
thereafter shall examine the application
for exemption as per the guideline 4 and forward the same to the Government for passing orders
under section 113-C of the Act, along with his remarks.
* After the Government have exempted any building or class of buildings by a special or general order under
section 113-C of the Act, the competent
authority shall assess the amount for exemption and issue to the applicant a
demand notice for the payment of amount for exemption along with other fees and
charges normally leviable after adjusting the advanced amount.
* The Government may, at any time, require the Competent Authority, to
forward the application submitted for exemption, with or without his remarks.
Appeal..!
* Any person aggrieved by an order passed by any officer or authority under the guideline 5 may prefer an
appeal to the Government in Housing and Urban Development Department in the
case of Chennai Metropolitan Area or the Commissioner of Town and Country
Planning in the case of areas other than Chennai Metropolitan Area, within
thirty days from the date of receipt of the order:
Provided that the Government or the Commissioner of Town and Country
Planning, as the case may be, may admit
an appeal preferred after the expiration of the said limitation period, if they
are satisfied that the appellant had sufficient cause for not preferring the
appeal within the said limitation period:
Provided that no appeal shall be entertained unless it is accompanied by
satisfactory proof of the payment of the
self-assessed amount for exemption advance.
Disclaimer
If any planning permission has
been issued after collecting the amount for exemption, for the developments in
any area in which land acquisition proceedings have already been initiated
under the Land Acquisition Act, 1894 (Central Act I of 1894) by the Government,
that does not confer any right on the applicant to obliterate acquisition
proceedings and to compensation for the building so permitted contrary to the
provisions contained in the said Land Acquisition Act, 1894 (Central Act I of
1894).
Transitory provisions.-
* The appeals qualifying under these guidelines, pending before the
Commissioner of Town and Country Planning or the Government, as the case may
be, shall be remitted to the competent authority and the competent authority
shall deal with the cases in accordance with these guidelines.
Provided that the disposal of such cases shall be effected on payment
of self-assessed amount for exemption advance, along with the working sheet.
* Any person whose application was rejected or refused, under the relevant rules prevailing as on the 1st
July, 2007 in the respective areas, immediately before the date of coming into
force of these guidelines, may make an application afresh satisfying the
provisions of these guidelines.
Order by Mr. K. Phanindra
Reddy, Secretary to TN Government.
For more details..!
DTCP - Directorate of Town and Country Planning,
Opposite to LIC, Chengalvarayan
Building,
Fourth
floor,807, Anna Salai, Chennai - 600 002.
Phone : 044 - 2852 1115 , 044 -
2852 1116; Fax: 044 - 2852 0582
E Mail ID : dtcp@vsnl.net
Office
Hours: 10 A.M. to 5.45 P.M.
Building Regularization Scheme -113C (New )
| 1 | Rules under Section 113 C |
| 2 | Guidelines |
| 3 | Application Form |
| 4 | Documents to be attached with application |
| 5. | Penalty payable |
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