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State of Tamilnadu - Section

Section 41 in Tamil Nadu Combined Development and Building Rules, 2019

41. Reservation of land for community recreational purposes in developments.

(1)The reservation of land for community recreational purposes such as park or play ground shall be as given below at ground level in a shape and location abutting a public road to be specified by the Competent Authority:
Extent of site Reservation
(a) For the first 3,000 square meters Nil
(b) Between 3,000 square meters and 10,000 squaremeters 10% of the area excluding roads or in the alternative he shallpay the Guideline value of the equivalent land excluding thefirst 3000 sq.m. as per the valuation of the RegistrationDepartment. No such area reserved shall measure less than 100square meters with a minimum Width of 10 meters. Such area to bereserved shall not be more than 2 parcels.
    The space so reserved shall be transferred to theLocal body, free of cost, through a registered gift deed. Incases of residential developments, the local body concerned maypermit the Residents Association or Flat Owner's Association formaintaining such reserved space as park or playground.
(c) Above 10,000 square meters Ten per cent of the area excluding road with a minimum widthof 10 meters. and such area to be reserved shall not be less than500 square meters and this space shall be transferred to thelocal body designated by it, free of cost, through a gift deed.It is obligatory to reserve and hand over the space and no chargein lieu can be accepted in case of new developments orredevelopments.
Explanation. - (i) The gifting of the reservation of land for community recreational purposes in respect of Institutional developments and Industrial Developments to the local body is not required. However the space may be maintained by the owner concerned subject to the supervision and monitoring of the concern local body.
(ii)The plot area including the area reserved for community recreational purposes shall be considered even when there is change of ownership to determine the plot extent.
(2)The site so reserved shall be exclusive of the set back spaces and spacing between blocks prescribed in these rules, and shall be free from any construction or structure.
(3)For the purpose of this regulation, existing development is defined as one where the extent of ground area covered by structures already existing prior to application for Building Permit is 25 per cent and above of the total site area.
(4)In case of additions to existing developments, where it is difficult to leave the 10 per cent area as open space for community recreational purposes, the Executive Authority of local body reserves the right to collect the guideline value of equivalent land in lieu of the land to be reserved. However, if on a future date, the applicant wants to demolish the existing structures and raise new structures on the site in question, the community recreational space as per the rule shall be reserved.
(5)In the case of developments of Government departments of agencies, the Executive Authority of local body reserves the right to enforce the maintenance of such reserved lands by the department or agency to the satisfaction of the Local Body or order the department or agency to transfer the land to the local body free of cost.
(6)Structures for watchman's booth, gardener's instrument room, public toilet and police booth for the purpose of maintenance and toilets may be permitted with total floor area not exceeding 5 percent of the total OSR area in one place.
(7)Public parking lot may be permitted in basement below the OSR.
(8)Rain water harvesting water tanks and STP may be permitted below the OSR.