Section 3 in Tamil Nadu Assessment and Collection of Amount for Exemption of Buildings Rules, 2017
3. Application of these rules.
- The following shall be the rules for exemption of any building or class of building developed on or before the 1st day of July 2007 and deviated from certain provisions of the Act or any rule or regulation made thereunder:-(i)The constructions of building should have been completed on or before the 1st July 2007;(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;(iii)The grant of exemption shall be with reference to the Development Regulations for Chennai Metropolitan Area and the Development Control Regulations in cases of areas falling within the purview of the Director of Town and Country Planning prevailing as on the date of notification of these rules;(iv)The requirements for compliance of certain planning parameters viz., Road Width, Setbacks, Floor Space Index, Vehicular Parking, Open Space Reservation (OSR) shall be as per Annexure-IA and IB for Chennai Metropolitan Planning Area and Directorate of Town and Country Planning areas, respectively, for exemption under these rules to the extent indicated herein. Therefore, similar requirements under the provisions of other Statutes/Rules like Tamil Nadu District Municipalities Building Rules, 1972, Tamil Nadu Panchayats Building Rules, 1997 and Multi-Storied and Public Buildings Rules, 1973, etc., will stand exempted to the extent as provided under these rules;(v)The definitions of the Development Regulations or Development Control Regulations, as the case may be, shall apply;(vi)In the event of applicant providing off-site parking, the same shall be provided within a distance of 500 m and produce the ownership or lease document in his favour for that site having a minimum validity period of 33 years;(vii)The penalty leviable over and above the fees or charges normally leviable as per Annexure-II;(viii)For the purpose of calculation of penalty, the Guideline Value prevailing on the date of filing of application for regularization;(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 regularization 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.(x)In cases where the applicant withdraws his application filed under Regularization Scheme under section 113-A of the Act and apply afresh under section 113-C of the Act, the regularization fee already paid by him under section 113-A of the Act will be adjusted;(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 regularization fee already paid by the applicant under section 113-B of the Act will be adjusted;(xii)The Structural Stability Certificate issued by an registered Structural Engineer in cases of Special Buildings, Group Developments and Multi-Storied Buildings in consultation with the competent Geo-Technical Engineer is a pre-requisite for filing the application seeking exemption under section 113-C of the Act;(xiii)In case of ordinary building, certification by a Registered Civil Engineer is sufficient for filing application seeking exemption under section 113-C of the Act;(xiv)No Objection Certificate and Compliance Certificate from the Directorate of Fire and Rescue Services for Commercial Special Buildings, all Multi-Storied Buildings and all public buildings is a prerequisite for filing the regularization application under section 113-C of the Act;(xv)The plans accompanying the applications for Ordinary, Special Buildings, Group Developments and Multi- Storied Buildings irrespective of usage category of the building have to be signed by the Registered Architect / Registered Civil Engineer/ Licenced Surveyor as per requirement;(xvi)The Competent Authority shall scrutinise the applications submitted for exemption under section 113-C of the Act, along with the structural stability certificate and other data related to site and building and the Competent Authority shall decide on the corrective measures, if any, and communicate the same to the applicant for carrying out the corrections, within a time period as may be specified by the Competent Authority but not more than six months, failing which the regularization application shall be rejected.(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;(xviii)An affidavit sworn by the applicant in Rs.100/- non judicial stamp paper that planning permission issued for exemption under section 113-C of the Act will 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) or any other land Acquisition Laws.
