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G O (MS) No 110 PDF
G O (MS) No 110 PDF
Rules – Rules under section 113-C of the Tamil Nadu Town and Country
Planning Act, 1971 for Assessment and Collection of Amount for
Exemption of Buildings, 2017 – Notification – Issued.
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HOUSING AND URBAN DEVELOPMENT [UD4(3)] DEPARTMENT
G.O.(Ms).No.110 Dated:22.06.2017
nAés«Ã tUl«, Må¤ Â§fŸ 8,
ÂUtŸSt® M©L 2048
ORDER:
//Forwarded//By order//
APPENDIX.
NOTIFICATION.
RULES.
1. Short title and application: (1) These rules may be called the
Tamil Nadu Assessment and Collection of Amount for Exemption of
Buildings Rules, 2017.
(a) “Act” means the Tamil Nadu Town and Country Planning Act,
1971 (Tamil Nadu Act 35 of 1972);
(b) “amount for exemption” means an amount collected under
these rules for exempting the development of any building or
class of buildings referred to in section 113-C of the Act;
(c) “Competent Authority” means, –
(ii) These rules are applicable for the entire State of Tamil Nadu
excepting the hill areas, falling within the purview of Hill Area
Conservation Authority;
(ix) (a) The applicant shall file online application for regularization
within 6 months from the date of notification of these rules.
(b) The applicant shall assess the violation in the building,
workout the applicable regularisation fees as prescribed in
Annexure–II and submit the same online for the full
assessed amount. If any under assessment in the self
assessment, is detected at any stage, the regularization
application shall be rejected, the amount shall be forfeited
and enforcement action against the violation shall be taken.
(xi) In cases where the applications filed under section 113-B of the
Act which are eligible for exemption under section 113-C of the
Act shall be remitted back to Competent Authority for processing
under Section 113-C of the Act, the regularisation fee already
paid by the applicant under section 113-B of the Act will be
adjusted;
(xvii) Rs.1 per square feet for ordinary buildings applications and
Rs.2 per sq.ft for applications other than ordinary buildings will
be collected as scrutiny fee which has to be paid along with the
application. The applications for exemptions under section 113-C
of the Act is not applicable for regularization of vacant site
or plot;
(b) Any person whose application was rejected or refused under the
Act and Rules, but qualify under these rules may make an
application afresh to the competent authority, within 30 days.
7. Problem solving:
The Director of Town and Country Planning and the Member-
Secretary, Chennai Metropolitan Development Authority shall issue
operational guidelines and clarifications to carry out the provisions of
these rules.
//True Copy//
Annexure-IA
Planning Parameters for Section 113 C of the Act for Chennai Metropolitan Area
I. Ordinary Buildings - the buildings that do not fall under the categories of Special Building/Group Development/
Multi-storied Buildings
S. Category & use Minimum Minimum Maximum Parking Open Space Reservation required
No. of building Road width setback FSI required
required required allowable
1 Residential and Access to a FSB – Nil 2 As per DR OSR charges for 5% and 10% of the plot area to
Commercial public road SSB – Nil be collected as per the GLV in cases of
buildings in CBA RSB - Nil construction in an unauthorized sub-division /
layouts laid on or before 1-07-2007 for residential
and commercial buildings respectively.
2 Residential and Access to a FSB – Nil 2 As per DR OSR charges for 5% and 10% of the plot area to
Commercial public road SSB – Nil be collected as per the GLV in cases of
buildings in RSB - Nil construction in an unauthorised sub-division /
areas other than layouts laid on or before 1-07-2007 for residential
CBA and commercial buildings respectively.
3 Industrial Access to a FSB – Nil 2 As per DR OSR charges for 10% of the plot area to be
public road SSB – Nil collected as per the GLV in cases of construction
RSB – Nil in an unauthorised sub-division / layouts laid on or
before 1-07-2007.
4 Institutional Access to a FSB – Nil 2 As per DR OSR charges for 10% of the plot area to be
public road SSB – Nil collected as per the GLV in cases of construction in
RSB - Nil an unauthorised sub-division / layouts laid on or
before 1-07-2007.
2
1 Residential 7m FSB - nil 3 As per DR. In cases where a site falls in an unauthorised sub-
buildings in RSB - nil Shortfall divisions / layouts laid prior to 1.7.2007, with the
CBA SSB - nil condonable total extent more than 3000 sq.m. the applicant has
on payment the option to reserve the required open space in the
of charges site and handover to the Competent Authority or pay
as the OSR charges for 10% of open space to be
prescribed reserved as per the guideline value.
2 Residential 7m 1.5m on all 3 As per DR. In cases where a site falls in an unauthorised sub-
buildings in sides Shortfall divisions / layouts laid prior to 1.7.2007, with the
areas other condonable total extent more than 3000 sq.m. the applicant
than CBA on payment has the option to reserve the required open space
of charges in the site and handover to the Competent
as Authority or pay the OSR charges for 10% of open
prescribed space to be reserved as per the guideline value.
3 Commercial 7m FSB – 1.5m 3 As per DR. In cases where a site falls in an unauthorised sub-
buildings in RSB – nil Shortfall divisions / layouts laid prior to 1.7.2007, with the
CBA SSB – nil condonable total extent more than 3000 sq.m. the applicant has
on payment the option to reserve the required open space in the
of charges site and handover to the Competent Authority or pay
as the OSR charges for 10% of open space to be
prescribed reserved as per the guideline value.
4 Commercial 7m 1.5m on all 3 As per DR. In cases where a site falls in an unauthorised sub-
buildings in sides Shortfall divisions / layouts laid prior to 1.7.2007, with the
areas other condonable total extent more than 3000 sq.m. the applicant
than CBA on payment has the option to reserve the required open space
of charges in the site and handover to the Competent
as Authority or pay the OSR charges for 10% of open
prescribed space to be as per the guideline value.
3
S. Category Road width required Minimum Maximum Parking Open Space Reservation
No. and use of setback FSI required Required
building Minimum Maximum No. required allowable
Road of floors
width
1 Residential 9m SF + 7F or 50% of the 5.0 At least 50% of In cases where a site falls in an
GF + 6F normally the unauthorised sub-divisions / layouts laid
permissible requirement prior to 1.7.2007, with the total extent
12m SF + 9F or on all sides 5.0 shall be more than 3000 sq.m. the applicant has
GF + 8F provided either the option to reserve the required open
15m SF+20F or 5.0 on site or off space in the site and handover to the
GF+19F site. Balance Competent Authority or pay the OSR
50% is charges for 10% of open space to be
chargeable as reserved as per the guideline value.
18m Floors per rates
permissible as in prescribed.
30.5 m road
2 Commercial 9m SF + 7F or 50% of the 5.0 At least 50% of In cases where a site falls in an
GF + 6F normally the unauthorised sub-divisions / layouts laid
permissible requirement prior to 1.7.2007, with the total extent
12m SF + 9F or on all sides 5.0 shall be more than 3000 sq.m. the applicant has
GF + 8F provided either the option to reserve the required open
on site or off space in the site and handover to the
15m SF+20F or 5.0 site. Balance Competent Authority or pay the OSR
GF+19F 50% is charges for 10% of open space to be
chargeable as reserved as per the guideline value.
per rates
18m Floors permissible prescribed.
as in 30.5 m road
5
3 Industrial 9m SF + 7F or 50% of the 5.0 At least 50% of In cases where a site falls in an
GF + 6F normally the unauthorised sub-divisions / layouts laid
permissible requirement prior to 1.7.2007, with the total extent
12m SF + 9F or on 5.0 shall be more than 3000 sq.m. the applicant has
GF + 8F all sides provided either the option to reserve the required open
on site or off space in the site and handover to the
site. Balance Competent Authority or pay the OSR
15m SF+20F or 5.0 50% is charges for 10% of open space to be
GF+19F chargeable as reserved as per the guideline value.
per rates
18m Floors permissible prescribed.
as in 30.5 m road
4 Institutional 9m SF + 7F or 50% of the 5.0 At least 50% of In cases where a site falls in an
GF + 6F normally the unauthorised sub-divisions / layouts laid
permissible requirement prior to 1.7.2007, with the total extent
12m SF + 9F or on all sides 5.0 shall be more than 3000 sq.m. the applicant has
GF + 8F provided either the option to reserve the required open
on site or off space in the site and handover to the
15m SF+20F or 5.0 site. Balance Competent Authority or pay the OSR
GF+19F 50% is charges for 10% of open space to be
chargeable as reserved as per the guideline value.
18m Floors permissible per rates
as in 30.5 m road prescribed.
//True Copy//
Section Officer
Annexure –IB
Planning Parameters for Section 113 C of the Act for areas falling under
Directorate of Town and Country Planning Areas
I Ordinary Buildings – the buildings that do not fall under the categories of Special Buildings/Group Development/
Multistoried Buildings
S. Category & use of Minimum Road Minimum Maximum Parking OSR requirement
No. building width required setback FSI required
required allowable
1 Residential and Commercial Access to a FSB – Nil 2 As per DCR. In case of unauthorized constructions
Buildings in EWS/LIG/Poor public road RSB – Nil Shortfall in a plot forming part of an
Class areas/ Declared as SSB – Nil condonable on unauthorised layout, laid on or before
Slum by local body and payment of 1-7-2007, OSR charges amounting to
Continuous Building Area charges as 5% and 10% of the plot area to be
prescribed collected as per the guideline value.
2 Residential and Commercial Access to a FSB – Nil 2 As per DCR. In case of unauthorized constructions
buildings (maximum of G+1 public road RSB – Nil Shortfall in a plot forming part of an
and not exceeding 300 sq.m. SSB – Nil condonable on unauthorised layout, laid on or before
floor area), other than areas payment of 1-7-2007, OSR charges amounting to
covered in Sl. No. 1 above charges as 5% and 10% of the plot area to be
prescribed collected as per the guideline value.
3 Industrial (maximum of G+1 Access to a FSB – Nil 2 As per DCR. In case of unauthorized construction
and not exceeding 300 sq.m. public road RSB – Nil Shortfall in a plot in an unauthorized layout
floor area) SSB – Nil condonable on laid on or before 1-7-2007, OSR
payment of charges 10% of the plot area to be
charges as collected as per the guideline value.
prescribed
4 Institutional (maximum of Access to a FSB – Nil 2 As per DCR. In case of unauthorized construction
G+1 and not exceeding public road RSB – Nil Shortfall in a plot in an unauthorized layout
300 sq.m. floor area) SSB – Nil condonable on laid on or before 1-7-2007, OSR
payment of charges 10% of the plot area to be
charges as collected as per the guideline value.
prescribed
2
II Special Buildings
S.No. Category & use of Minimum Minimum Maximum Parking OSR requirement
building Road setback FSI
width
1 Residential and 7m FSB – Nil 3 As per DCR. a) In case of unauthorized construction in a
Commercial Buildings RSB – Nil Shortfall site of extent > 2500 sq.m, the applicant
in EWS/ LIG/ Poor SSBs – Nil condonable has option to reserve the required 10%
Class areas/ Declared on payment open space in the site and hand over to the
as Slum by local body of charges as Local Authority or the OSR charges to be
and Continuous prescribed paid for 10% of open space to be reserved
Building Area. as per the guideline value.
b) In case of unauthorized construction in a
plot of extent ≤ 2500 sq.m., in an
unauthorized layout, laid on or before
1-7-2007, OSR charges for 10% of the plot
area to be collected as per the guideline
value.
3 Industrial 7m 1.5m on all 3 As per DCR. In case of unauthorised construction in a plot which is
sides with a Shortfall in an unauthorised layout, laid on or before 1-7-2007,
feasible condonable on OSR charges for 10% of the plot area to be collected
driveway. payment of as per the guideline value.
charges as
prescribed
IV Multi-Storied Building
S.No. Category Road width required Minimum Maximum Parking Open Space Reservation
and use of setback FSI required Required
building Minimum Maximum required allowable
Road No. of
width floors
1 Residential 9m SF + 7F or 50% of the 5.0 At least 50% of the a. In case of unauthorized construction in a
GF + 6F normally requirement shall site of extent > 2500 sq.m, the applicant
permissible be provided either has an option to reserve the required 10%
12m SF + 9F or on all sides 5.0 on site or off site. open space in the site and hand over to
GF + 8F Balance 50% is the Local Authority or the OSR charges to
15m SF+20F or 5.0 chargeable as per be paid for 10% of open space to be
GF+19F rates prescribed. reserved as per the GLV.
b. In case of unauthorised construction in a
18m Floors plot of extent ≤ 2500 sq.m., in an
permissible unauthorized layout laid on or before
as in 30.5m 1-7-2007, OSR charges for 10% of the
road plot area to be collected as per the GLV.
2 Commercial 9m SF + 7F or 50% of the 5.0 At least 50% of the
a. a. In case of unauthorized construction in a
GF + 6F normally requirement shall site of extent > 2500 sq.m, the applicant
permissible be provided either has an option to reserve the required 10%
12m SF + 9F or on all sides 5.0 on site or off site. open space in the site and hand over to
GF + 8F Balance 50% is the Local Authority or the OSR charges to
chargeable as per be paid for 10% of open space to be
15m SF+20F or 5.0 rates prescribed. reserved as per the GLV.
GF+19F b. In case of unauthorised construction in a
18m Floors plot of extent ≤ 2500 sq.m., in an
permissible unauthorized layout laid on or before
as in 30.5 m 1-7-2007, OSR charges for 10% of the
road plot area to be collected as per the GLV.
7
3 Industrial 9m SF + 7F or 50% of the 5.0 At least 50% of b. a.In case of unauthorized construction in a
GF + 6F normally the requirement site of extent > 2500 sq.m, the applicant
permissible shall be provided has an option to reserve the required 10%
12m SF + 9F or on all sides 5.0 either on site or off open space in the site and hand over to
GF + 8F site. Balance 50% the Local Authority or the OSR charges to
is chargeable as be paid for 10% of open space to be
per rates reserved as per the GLV.
15m SF+20F or 5.0 prescribed.
GF+19F b. In case of unauthorised construction in a
plot of extent ≤ 2500 sq.m., in an
unauthorized layout laid on or before
18m Floors
1-7-2007, OSR charges for 10% of the plot
permissible
area to be collected as per the GLV.
as in 30.5 m
road
//True Copy//
Section Officer.
Annexure –II
Penalty for exemption under Sec.113-C of
Tamil Nadu Town and Country Planning Act, 1971
Penalty / Charges
i) FSI violation – at premium FSI rates.
ii) Single regularisation penalty instead of charging separate
penalties each for Road width and Setback Violations as
suggested by the Justice Rajeswaran Committee shall be
charged at following multiples of Infrastructure and Amenities
Charges on the total achieved FSI of the building to be
regularised.
Road Width / Setback
Violations not amounting FSI achieved FSI achieved
to FSI Violation between 1.5 and 3.0 above 3.0
(FSI achieved upto 1.5)
100 % 200 % 300 %
//True Copy//
Section Officer.