tn.gov.in : Tamil Nadu Building Regularization Scheme Application

Name of the Organization : Directorate of Town and Country Planning
Type of Facility : Building Regularization Scheme Application
Location : Chennai

Website : http://www.tn.gov.in/tcp/

Facility Related To Directorate of Town and Country Planning :
Land Use Details & Project Pending Status: https://www.indianjobtalks.in/18258.html

Tamil Nadu Assessment and Collection of amount for Exemption of Buildings :
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 :-

(i) The building should have been completed on or before the 1st July 2007 and in confirmity with the following :-
(a) The Civil Aviation Regulations of the Ministry of Tourism and Civil Aviation under the Aircraft Act, 1934 (Central Act XXII of 1934);
(b) 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)
(c) The Regulations of the Chennai Regional Advisory Committee constituted by the Ministry of Communication;
(d) 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);
(e) The Tamil Nadu District Municipalities (Hill Stations) Building Rules, 1993;
(f) The Tamil Nadu Hilly Areas Special Building Rules, 1981;
(g) Height Restrictions to buildings in Heritage Towns as per G.O.(Ms).No.22, MA&WS (MAI) Department, dated 30.1.1997.

(ii) 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;
(iii) No developments in the Aquifer Recharge Area restricted for development shall be considered for exemption;
(iv) No development in the Red Hills Catchments Area restricted for development shall be considered for exemption;
(v) 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;
(vi) Extent of violation in respect of minimum required road width shall not exceed 20%;
(vii) Violation in respect of required minimum setback spaces shall not exceed 50%;
(viii) Floor space index shall not exceed 50% of the allowable limit;
(ix) Any activity in the building shall be in conformity with the land use zoning;
(x) No hazardous activity or industry in a zone other than special and hazardous use zone shall be considered for exemption;
(xi) 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

Application for Exemption:
(1) Application for exemption in Form A appended to these Guidelines, shall be made to the competent Authority.

(2) The application shall be accompanied by the following :-
(a) 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;
(b) A copy of ownership document duly attested by a Notary Public;
(c) 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;
(d) 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;
(e) 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 1st 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;
(g) 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;
(h) A certificate issued by a qualified structural engineer to the effect that the building is structurally sound and safe;
(i) Clearance from the Tamil Nadu Pollution Control Board for any industrial development including cottage industry;
(j) 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;
(k) 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;
(l) 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;
(m) 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;
(n) 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.

(3) 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.

Download Application Form Here :
https://www.indianjobtalks.in/uploads/18246-ApplicationForm.pdf

Processing of the Application:
(1) 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 1st 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 3(2)(l) shall be refunded. The scrutiny fee paid under guideline 3(2)(j) shall stand forfeited.

(2) 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.

(3) 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.

(4) 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 :
(1) 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.

(2) 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.

For More Details, Click Here : http://www.tn.gov.in/tcp/newscheme.htm

Contact Us :
Directorate of Town and Country Planning,
Opposite to LIC, Chengalvarayan Building,
Fourth floor,
807, Anna Salai, Chennai – 600 002.

Phone Number : 2852 1115 or 2852 1116;
Fax : 2852 0582
E Mail ID : dtcp@vsnl.net
Office Hours : 10.00 A.M. to 5.45 P.M.