TN gov notifies rules for regularisation of unauthorised constructions
Posted on: 26/Jun/2017 12:33:16 PM
The state government of Tamil Nadu has released the rules and regulations for the regularization of the constructions completed before July 2007 which violated the rules and regulations. It has announced that the applications to regularize these constructions must be made before the next 6 months.
A brief on the press released by CMDA
As only limited land areas are available in the suburban areas of most cities in Tamil Nadu, the prices of these lands have gone up steeply. At the same time, unauthorized constructions have also proliferated in these lands.
The main reason for this is the notion of the builders to utilise the maximum space in a small confined area by construction of larger total building areas in smaller areas for residing as well as commercial purposes.
The state government, giving due consideration for the above aspect and in order to create awareness and implementation of rules and regulations, is taking all the necessary actions.
At the same time, as there a large number of unauthorised constructions in the state, it may not be practical to destroy them. The destruction of these unauthorized constructions may lead to the hardships for local residents as they may be deprived of the commercial facilities, etc, which may affect their lifeline.
Giving due importance to the above aspect, the state government has come forward with some exemptions for the violations on the basis of the practical possibilities to make these unauthorized constructions legitimate without unduly affecting the legal limits and safety features.
A committee was formed under the leadership of Justice Rajeswaran. The recommendations of this committee were presented to the state cabinet meeting on 13th June and were approved. The main features of this revised rules and regulations and guidelines:
The construction should have been completed before 1st July or earlier.
The construction should be within rules and regulations related to the Ministry of Air transport, coastal areas, Air Force bases, Army, Hilly region safety, and Tamil Nadu nuclear establishments.
The building constructed illegally in public places, roads, streets, the areas owned by local administration, water resources, and open areas reserved for setting up parks and playgrounds, etc., cannot be exempt from the law.
The unauthorized buildings constructed in reserved groundwater zones, or Redhill`s water resources zone will not be exempted.
The recommendations of the Justice Rajeswaran committee have been approved giving due importance to the factors such as the required width of the street/road, open space required on the sides of building constructed, survey code and marking of the location, parking facility and the open spaces as required, firefighting facility and the (foundation) strength of the construction.
The interested parties seeking to regularize these unauthorized/violated constructions must pay the usual development fees, the survey code fees for the additional floor space, the fees for the lack of parking facility, and the fees for the violation of the necessary open space. Further, the penalty charges for the regularisation, termed as the Infrastructure and Amenities Charge, must be paid on the percentage basis of the additional floor space illegally utilised.
The owners/developers of these violated constructions completed before 1st July 2017 have to make a self-assessment of the additional charges mentioned as above and apply for regularization of their constructions within 6 months from the date of release of the rules and regulations for this purpose.
The relevant departments will carry out the necessary corrections in the rules and regularisations for the regularization of these unauthorized constructions pertaining to the disconnection of the drinking water.sewerage/drain facilities or electricity connection
Hence, the interested parties must apply for the regularisation of the unauthorized constructions within the next 6 months.
