government Of Tamil Nadu
HOUSING AND URBAN DEVELOPMENT DEPARTMENT
Building Regularisation Scheme - 2017
Building Regularisation Scheme - 2017
(Under Section 113-C of Tamil nadu Town & Country Planning Act, 1971)
FAQ - CMDA
1. What are public buildings?
i) Educational Institutions
ii) Medical Institutions
iii) Religious Institutions
iv) Govt. Institutions
v) Other buildings such as
i) Kalyanamandapams (Marriage Halls)
ii) Auditorium
iii) Malls
iv) Theatres
v) Market Complex
vi) Community Centres / Assembly Halls and other such buildings as prescribed in Development Regulations
2. I have constructed my building in excess to my approved plan obtained earlier, but my building satisfies the rules of DR. Should I still apply for the scheme? What are the charges levied?
Yes. When any development is made in excess of earlier approval, but the whole development is in conformity with the prevailing Development Regulations, only development charges and other applicable charges normally leviable at current rates shall be levied and collected and any previous fees or charges remitted shall be duly adjusted.
3. I have constructed my building without approved plan , but my building satisfies the rules of DR. Should I still apply for the scheme? What are the charges levied?
Yes. When any development is made without approval, but the whole development is in conformity with the prevailing Development Regulations only development charges and other applicable charges normally leviable at current rates shall be levied and collected.
4. I have constructed my building in the plot subdivided among our family members through oral partition deed. Can I apply under this Scheme?
No. Only Registered documents are acceptable under this scheme.
In case of the applicant producing the registered sub-division document, then the regularisation will be considered on payment of OSR charges and other routine charges.
5. Can individual flat/floor owners apply under this Scheme?
Yes.Individual flats/floors in a building shall be eligible for regularization. However, such units shall be regularized following two stage process, wherein the applicant has to submit drawings for the entire building along with detailed drawings for the Unit owned by him in the building and scrutiny shall be made as follows:-
i) An in-principle clearance shall be given for the full building in which the said residential / commercial flat is situated.
ii) If the full building is found approvable, then regularisation of the individual flat / floor under reference shall be done.
6. Will the offsite parking lots be monitored for the next 33 years?
The Registered lease deeds should be executed for a period of 33 years. The offsite parking site should be maintained / used only for parking purpose and the same will be monitored by the Competent Authority. Further, any form of construction / development for any other purpose shall not be permitted.
7. Can I apply for this regularisation scheme at the Competent Authority in person? Is it accepted?
No. Only through online.
8. What is penalisation for proposal not coming for the scheme?
Consequences of not getting a building regularised shall face the following actions (a) no electricity, water supply, drainage and sewerage connections shall be extended to such unauthorised / deviated building. (b) such unauthorised / deviated building shall not be registered under the Registration Act, 1908 (Central Act 9 of 1908) by the Registration Department. (c) initiation of enforcement action.
9. How are violations worked out? Is it with reference to the DCR prevailing earlier or the prevailing DR?
The violations will be worked out with reference to Development Regulations in CMA.
11. Certain of the particulars / NOCs to be submitted are not readily available. In that case, will I be given time for submitting the NOC / particulars before issue of Regularisation approval?
When the NOC is not readily available the same can be uploaded later online on or before 21.12.2017.
12. If my Wife / Father / Son / Daughter / Brother /authorised Board member is also joint owner of flat / building and the person is out of station at present, can I apply online application singly?
The co- owners should authorise you to file application for regularisation.
14. For online application whether violated building lies in Natham Land is eligible in this scheme?
Yes, If you have a patta for your site.
17. Is it possible to upload / attach additional particulars for the online application already made?
Yes, on or before 21.12.2017.
19. How the regularisation of the public buildings are processed and what are the applicable rates?
All public buildings are required to produce Structural Stability Certificate and NOC from DF&RS as prescribed in the G.O. The rates charged will depend on the type of building that the public activity is functioning. If the public activity is functioning in an Ordinary Building / Special Building / Group Development / Multistoried Building, then the rules applicable under the relevant category of building shall be taken for calculation of the area for which regularisation charges should be applied and also for eligibility under this scheme.
20. What are the fees to be paid online?
Online payments include:
(a)regularisation charges:
(i)premium FSI charges for the excess FSI area built
(ii)Total achieved FSI area in multiples of Infrastrcture and Amenities Charges
(iii)Parking charges for short fall in car and two wheeler requirement
(iv)OSR charges for wherever applicable
(b)Scurtiny Fee for the total builtup area
21. What are the routine charges ?
The routine charges include Scrutiny Fees, Development Charges, MIDC Charges, Infrastructure & Amenities Charges and other prescribed charges under the relevant Act of the Competent Authority.
22. What will happen to the amount that I have paid towards my Reg. Application filed under Section-113(A)
In cases where the applicant withdraws his application filed under Regularisation Scheme under section 113-A of the Act and apply afresh under section 113-C of the Act, the regularisation fee already paid by him under section 113-A of the Act will be adjusted.
23. What is premium FSI charges?
Premium FSI charges is the charge levied for the excess FSI area built over and above the FSI allowable as per Development Regulations. The equivalent land area for this excees FSI area built is calculated as given below with reference to the GLV prevailing at the time of filing application:
(Excess FSI Area / Allowable FSI as per DR) X Guide Line Value = Premium FSI Charges
24. Can I make part payment initially along with the online application and balance amount before last date of the Scheme?
No. Only full payment is acceptable.
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