DEVELOPMENT CONTROL REGULATIONS FOR ERODE/VEUORE/TIRUVEUORE/COIMBATORE/MADURAI/GUMMUDIPOONDI/KANCHEEPURAM/SALEM/CHENGALPATTU/TIRUPPUR/TIRUCHIRAPPALLI LOCAL PLANNING AREA

Regulation - 1. Short title.

These Regulations May Be Called Development Control Regulations For Erode/Veuore/TiruveUore/Coimbatore/Madurai/Gummudipoondi/Kancheepuram/Salem/Chengalpattu/Tiruppur/Tiruchirappalli Local Planning Area.

Regulation - 2. Definition.

"Act" means the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), as amended from time to time.

The words and expressions used in these regulations, but not expressly defined herein shall have the meaning assigned to them in the Act and various rules applicable in the said area.

Regulation - 3. Regulation for special building.

(1)     "Special buildings" means

(a)      a residential or commercial buildings with more than two floors ; or

(b)      a residential building with more than four dwelling units ; or

(c)      a commercial building exceeding a floor area of 300 square metre:

Provided that any construction in the second floor with prior permission as an addition to an existing ground and first storeyed authorised ordinary residential building which is three years old shall not be construed as a "special building".

(2)     The minimum width of the public road on which the site abuts or gains access shall be 9 metres.

Explanation.

(i)       The qualifying road width for permitting special building shall be available at least for a reasonable stretch about 250 metres along the length of the road abutting the site and the stretch from a junction can be straight or a curve or zigzag or combination of the above. Over this length, minor variation in road width at two ends may be considered provided width average outs to 9 metres.

To cite examples:

(a)      If the general road is of width less than 9 metres width, but only widens opposite to, or nearer to, the site is more than 9 metres, is not acceptable.

(b)      If the road is generally of 9 metres width upto a considerable length on one side, but discontinues and narrows into a road of smaller width on the other side of the site in question and the plot owner is willing to leave enough space for continuity of 9 metres road in front of his site, this will have to be checked and decided on case-by-case. Reference in such cases may be made to Empowered Committee.

(c)      If the general road width is less than 9 metres and the site owner merely agrees to leave enough space to have 9 metres in front of his site only, this is not acceptable.

(ii)      Road width measurements for the above purpose shall be of the road as designed and laid and the existence of unauthorised encroachments, for which no patta has been given, will not normally affect adversely, provided the shortage in width in the minimum stretch stated above does not exceed 10% of the minimum prescribed width. However, permissibility or otherwise in such specific situations will be decided case-by-case. Reference in such cases may be made to Empowered Committee.

(3)     Planning Parameters.

The extent of the site, plot coverage, FSI, set back, etc. for the developments shall be regulated according to the Table below:

Explanations.

(1)     Additional FSI of 20% will be permissible for stilt parking.

(2)     All those buildings which are otherwise classified into public and semi-public category qualifying for the definition of "commerce" in section 2(10) and used for "commercial use" as defined in section 2(11) of the Act, shall be eligible for FSI permissible for commercial use. This shall be decided by the technical committee of the Directorate on case-to-case basis.

(3)     For public buildings such as theatres, kalyana mandapams, assembly halls, exhibition halls, hospitals, nursing homes, hotels, lodging houses, etc. set back all around shall not be less than 6 metres.

(4)     The reservation of land for community recreational purposes such as parks or play ground required in these regulations shall be as given in Schedule-I.

(5)     Information Technology buildings shall comply with all the provisions mentioned in Schedule-VII.

[1](6) Solar Photo Voltaic system shall be mandatory and shall be provided as prescribed in Schedule IX.]

2(7) Special Regulations for Hospitals buildings shall be adhered to as given in Schedule-XIL]

Regulation - 4. Group development.

(1)     "Group Development" means accommodation for residential, commercial or institutional building in two or more blocks of buildings in a particular site irrespective of whether these structures are interconnected or not. Any inter link between the structures in terms of connecting corridors shall not be construed as making any two structures into one block. However, if these blocks are connected solidly at least for one-third the width of any one block on the connecting side, then, such block shall be construed as a single block.

(2)     (a) The minimum width of the public road on which the site abuts or gains access shall be 9 metres.

Explanation. The qualifying road width for permitting Group development shall be available for a reasonable stretch say about 250 metres along the length of the road abutting the site and the stretch from a junction can be straight or a curve or zigzag or combination of the above. Any deviation on road width shall be referred to Empowered Committee whose decision shall be final.

To cite examples:

(i)       If the road over its general length is of 9 metres width, but because of some kinks in front of the site, the two ends show a minor variations, reasonable allowance for such variation may be given so that it averages out to 9 metres.

(ii)      If the general road is of width less than 9 metres width, but only widens opposite to or nearer to the site is more than 9 metres, is not acceptable.

(iii)     If the general road is of 9 metres width upto a considerable length on one side, but discontinues and narrows into a road of smaller width on the other side of the site in question and the plot owner is willing to leave enough space for continuity of 9 metres road in front of his site, this will have to be checked and decided on case-by-case and such cases may be referred to Empowered Committee.

(iv)    If the general road width is less than 9 metres and the site owner merely agrees to leave enough space to have 9 metres in front of his site only, this is not acceptable.

(v)      Road width measurements for the above purpose shall be of the road as designed and laid and the existence of unauthorised encroachments, for which no patta has been given, will not normally affect adversely provided the shortage in width in the minimum stretch stated above does not exceed 10% of the minimum prescribed width. However, permissibility or otherwise (in exceptional cases) in such specific situations will be decided case-by-case and these may be referred to Empowered Committee.

(b) If the site does not directly abut a public road but gains access through a private exclusive passage or through a part of the plot which can be treated as a passage from a public road of minimum width as prescribed above, the minimum width of such passage shall be as follows:

(3)     The extent of site, FSI, Set back, etc. for Group development shall be regulated according to the Table below:

TABLE

Note:

(i)       For public buildings such as theatres, kalyana mandapams, assembly halls, exhibition halls, hospitals, nursing homes, hotels, lodging houses, etc. setback all around shall not be less than 6 metres.

(ii)      In case of hospital buildings, an additional FSI of 0.25 is allowable over and above the normally permissible FSI.

(iii)     Additional FSI of 20% shall be permissible if stilt parking is provided.

(iv)    Buildings otherwise meant as public buildings, but qualify the definition of "commerce" in section 2(10) and "commercial use" in section 2(11) of the Act shall be eligible for FSI meant for commercial use. This shall be decided by the technical committee of the directorate on case-by-case basis.

(v)      In case of Information Technology buildings, further regulations as detailed in Schedule-VII shall prevail and complied with.

(vi)    Cases involving exemptions, clarification, etc. may be referred to Empowered Committee.

(4)     Structures permissible in the minimum prescribed front setback, side setback and rear setback are given in Schedule-Ill.

(5)     The minimum width of corridor shall be as given below:

(6)     Parking spaces shall be provided within the site conforming to the regulations given in Schedule-II.

(7)     Special regulations for physically disabled shall be adhered to as given in the Schedule-IV.

(8)     Rain water conservation given in Schedule-V.

[2](9) Solar Photo Voltaic system shall be mandatory and shall be provided as prescribed in Schedule IX.]

(10) The reservation of land for community recreational purposes such as park or play ground required in these regulations shall be as given in Schedule-1.

(11) Internal vehicular access way including passage, if any, within the site shall be a clear width of 7.2 metre and such vehicular access shall be available for every building block in the site within a distance of 50 metres. Further, it shall be a clear open to sky and no projection of structure over it is permissible.

(12) If the building is constructed on stilts and the stilt floor is to be used for parking, the minimum clear height of the floor (between the lower floor and the bottom of the beam) shall not exceed 3.0 metres and it shall not be enclosed for use as garages ; if it is enclosed, it shall be counted for FSI and number of floors for the purpose of defining Group development/Multi-storeyed building.

(13) If a Group development contains more than one use and the allow ability of the building space with reference to the abutting road width and exclusive passage width shall be decided based on the number of dwellings for a residential use and the equivalent floor area allowable for commercial and other uses.

(14) Every Group development exceeding 900 square metre in floor area shall be provided with electrical room in ground floor or open space at ground level within the premises to accommodate electrical transformer conforming to the Tamil Nadu Electricity Board Standard and Fire and Rescue Service Standard as mentioned in Schedule -VIII.

(15) Vehicular ramp in set back spaces around building blocks may be permitted subject to the condition that the clearance of the proposed ramp from the property boundary/street alignment shall be minimum 1.5 metres and a clear motorable driveway of minimum 3.5 metres in width is available around the building block.

(16) The structures incidental to the main activities such as water closet/pump room, transformer room, transformer yard, electric room shall not be construed as transformer room, transformer yard, electric room shall not be construed as individual block for the purpose of these rules. However, these structures may be permitted in the prescribed set back space:

Provided that they do not fall in the drive way and its height does not exceed 4 metres:

Provided further that transformer and electrical rooms floor area does not exceed 15 square metres and water closet and pump room per block does not exceed 6 square metres.

(17) In cases of residential developments exceeding 100 dwelling units in primary residential use zone, commercial and institutional uses not exceeding 10 per cent of the floor area of the building at lower habitable floor levels, may be allowed (not for any industrial use) as incidental uses required for the occupants of the remaining residential developments within the premises.

(18) In all such developments, sewage treatment plant shall be provided and maintained for the disposal of the sewage within the site itself.

(19) Any construction with roof cover it in the terrace floor for A.C. plant/structures shall be counted, as a floor and categorisation of type of building shall be done accordingly.

(20) In cases where the extent of the site where residential or predominantly residential developments proposed exceeds 10,000 square metres (1 hectare), the developer shall reserve minimum ten per cent of the site area (excluding roads, if any, handed over to local body) and provide housing thereon for lower income groups with dwelling units not exceeding 45 square metres in floor area each, either within the site proposed for group development or in a location within a radius of 5 k.m. from the site under reference. The developer or promoter or owner shall sell these small dwellings only for this purpose. No conversion or amalgamation shall be permissible in these cases of lower income group dwellings.

(21) In residential/predominantly residential developments with dwelling units exceeding 20 in number, the design should include waste management infrastructure and at least a closed non polluting storage provision for solid waste storage within the premises preferably with direct access from the abutting road shall be provided so that the local body can collect this stored waste from it.

(22) In the interest of the public for better circulation in the area and also to ensure the proposed development does not block access to the properties around, in cases of large developments where link roads have to be provided for connectivity to the adjoining lands/areas, through the site applied for development, the Authority reserves the right to insist the applicant to set apart such road spaces within the site and the applicant shall hand over the same free of cost through a registered gift deed to the authority or local body designated by it for declaring it as public road. In such cases set back from these roads to the buildings proposed shall be provided as prescribed in these regulations.

(23) The space set apart for formation of a new road proposal in Master Plan/Detailed Development Plan or road widening/street alignment shall be transferred to the relevant Authority or the Agency or the Local Body through a registered Gift Deed before actual issuance of planning permission. The exact mode of conveyance of the land shall be consistent with the relevant enactment and regulations.

(24) Basement Floor.

(a)      The height of basement floor shall not exceed 1.2 metres above ground level and the headroom shall be minimum 2.4 metres.

(b)      No part of the basement shall be constructed in the minimum required set back spaces, required for the movement of fire fighting vehicles/equipments.

(c)      In cases where second basement is proposed for parking and incidental uses, sufficient provision for lighting and ventilation and also for protection from fire to the satisfaction of Directorate of Fire and Rescue Services shall be made.

(d)      During the construction of the basement floor, it shall be sole responsibility of the planning permission holder to ensure that the building/structure in the adjoining sites are not weakened/damaged.

(25) Display Board.

The details of the development for which planning permission issued, date of expiry of permit, etc. shall be displayed in the format prescribed by the Authority on a board of size at least 60 cm. x 120 cm.

2(26) Special Regulations for Hospitals buildings shall be adhered to as given in Schedule XII.]

Regulation - 5. Multi-storeyed Building.

"Multi-storeyed building" means a building exceeding 4 floors (including ground floor or if this ground floor is used for parking under stilts, stilt floor + 4 floors) whose height is 15 m. or more.

(1)     (a) Site Extent.

The minimum extent of site for construction of multi-storeyed building shall not be less than 1,500 square metres.

(b) Road width.

The site sh3all either abut on a road not less than 18 metres in width or gain access from public road not less than 18 metres in width through a part of the site which can be treated as an exclusive passage of not less than 18 metres in width:

Provided further that multi-storeyed building may be permitted with limitations on maximum FSI and maximum height of the building on a site abutting or gaining access from a public road of minimum 12 metres/15 metres in width, or gain access from public road not less than 12metres/15metres in width through a part of the site which can be treated as an exclusive passage of not less than 12 metres/15 metres in width, subject to compliance of the planning parameters stated in the Table sub-regulation (2) below.

(c) Minimum road width of 12 metre or above shall be permissible with multi-storeyed buildings without any further procedures. The height of multi-storeyed buildings will be technically correlated with the width of the abutting road. Once the road width is established based on records, these areas may be permitted with multi-storeyed buildings. Special consideration may be given to any specific recommendation to the contrary of above rule. No further resolutions or otherwise will be required. In case of doubts or clarification or any related issue, Empowered Committee shall take a final decision.

Explanation. Road width means whole extent of space within the boundaries of the road/street measured at right angles to the course of direction of such road/street. The qualifying road width for permitting multi-storeyed building shall be available at least for a stretch of 500 metres along the length of the road abutting the site and the stretch from a junction can be straight or a curve or zigzag or combination of the above.

To cite examples:

(a)      If the road over its general length is of 18 metres width, but because of some kinks in front of the site one end is 17.8 metres and the other end is 18.2 metres is acceptable.

(b)      If the general road is of width less than 18 metres width, but only widens opposite to or nearer to the site is more than 18 metres, is not acceptable.

(c)      If the road is generally of 18 metres width upto a considerable length on one side, but discontinues and narrows into a road of smaller width on the other side of the site in question and the plot owner is willing to leave enough space for continuity of 18 metres road in front of his site, this will have to be checked and decided on case-by-case. This should be referred to Empowered Committee for appropriate decision.

(d)      If the general road width is less than 18 metres and the site owner merely agrees to leave enough space to have 18 metres in front of his site only, this is not acceptable.

(2)     The extent of the site, FSI, set back, etc., for multi-storeyed Building shall be regulated according to the Table below:

Note: (i) The space specified above shall be kept open to sky and free from any erection/projection (such as sunshade/balcony) of any building other than a fence or compound wall provided that these open yards may be used for the provision of access ways to the building's parking facilities.

(ii) A watchman or caretaker booth or Kiosk not exceeding 2.5 m. x 2.5 m. in size at each gate and not exceeding 3 metre in height, or power/transformer room not exceeding 4 metre in height shall be permitted in the set backspace at ground level after leaving 7 metres clear set back from the main structure. Provided that the height restriction shall not apply for an open transformer.

(iii) Gate pillars without or with arches with a minimum headroom clearance of 5.50 metre at least to a width of 3.5 metre, may be permitted in the set back space after leaving 7 metres clear set back from the main structure.

(iv) In the cases where street alignment has been prescribed, the front open space shall be left from the street alignment.

(v) In cases of hospital buildings, an additional Floor Space Index of 0.25 is allowable over and above the normally permissible FSI.

(vi) The Floor Space Index for Information Technology development shall be allowed at 1.5 times of the FSI ordinarily permissible for respective use of that zone provided the site extent is not less than 2,000 sq. m. This benefit will not be available for primary residential use zone.

Explanations.

(1)     Parking and par3king facilities.

For the use of the occupants and of persons visiting the premises for the purposes of profession, trade, business, recreation or any other activity, parking spaces and parking facilities shall be provided within the site to the satisfaction of the Authority and conforming to the standards specified in Schedule-II.

(2)     Vehicular access within the site.

Internal vehicular access way including passage, if any, within the site, shall have a clear width of 7.2 metre and such vehicular access shall be available for every building block in the site. Further, it shall be a clear width of open to sky and no projection in structure over it is permissible.

(3)     Corridor width. The corridor serving as access for units in the development in whichever floor they may be situated shall not be less than the standards prescribed in the Table below:

TABLE

(4)     Basement Floor.-

(a)      The height of basement floor shall not exceed 1.2 metres above ground level and the headroom shall be minimum 2.4 metres.

(b)      No part of the basement shall be constructed in the minimum required set back spaces required for the movement of snorkel.

(c)      In cases where second basement is proposed for parking and incidental uses, sufficient provision for lighting and ventilation and also for protection from fire to the satisfaction of Directorate of Fire and Rescue Services shall be made.

(d)      During the construction of the basement floor, it shall be sole responsibility of the planning permission holder to ensure that the building/structure in the adjoining sites are not weakened/damaged.

(5)     The reservation of land for community recreational purposes such as park or play ground required in these regulations shall be as given in Schedule-I.

(6)     Conformance to National Building Code of India.

(a)      In so far as the determination of sufficiency of all aspects of structural designs, building services, plumbing, fire protections, construction practice and safety are concerned, the specifications, standards and code of practices recommended in the National Building Code of India shall be fully conformed to and any breach thereof shall be deemed to be a breach of the requirements under these regulations.

(b)      Every multi-storeyed development erected shall be provided with,

(i)       lifts as prescribed in National Building Code ;

(ii)      a stand-by electric generator of adequate capacity for running lift and water pump, and a room to accommodate the generator;

(iii)     an electrical room of not less than 6 metres by 4.0 metres in area with a minimum head room of 2.75 metres to accommodate electric transformer in the ground floor ; and the space for installation of transformers shall conform to the regulation given in Schedule-VIII; and

(iv)    at least one metre room of size 2.4 metres by 2.4 metres for every 10 consumers or 3 floors whichever is less. The metre room shall be provided in the ground floor.

(7)     Fire safety, detection and extinguishing systems.

(a)      All building in their design and construction shall be such as to contribute to and ensure individually and collectively and the safety of life from fire, smoke, fumes and also panic arising from these or similar other causes.

(b)      In building of such size, arrangement or occupancy that a fire may not itself provide adequate warning to occupants, automatic fire detecting and alarming facilities shall be provided where necessary to warn occupants or the existence of fires, so that they may escape, or to facilitate the orderly conduct of fire exit drills.

(c)      Fire protecting and extinguishing system shall conform to accepted standards and shall be installed in accordance with good practice as recommended in the National Building Code of India, (amended from time to time) and to the satisfaction of the Director of Fire and Rescue Services by obtaining a no objection certificate from him.

(8)     In cases of residential developments exceeding 50 dwelling units in primary residential use zone, commercial and institutional uses not exceeding 10 per cent of the floor area of the building at lower habitable floor levels, may be allowed (not for any industrial use) as incidental uses required for the occupants of the remaining residential developments within the premises.

(9)     The design and plans of the building shall be made and signed by a qualified Civil or Structural Engineer and an Architect who should possess the qualification referred to in the Architects Act, 1972 (Central Act 20 of 1972), so as to become a member of the profession of Architects under the provisions of the said Act. The qualified Engineer or Structural Engineer should also be Class I Licensed Surveyor registered with the Corporation/Local Body concerned.

(10)   Display Board.

The details of the developments for which planning permission issued, date of expiry of permit, etc. shall be displayed in the format prescribed by the Authority on a board of size at least 60 cm. x 120 cm.

(11)   In all the development, sewage treatment plant shall be provided and maintained for the disposal of the sewage with design clearance from Pollution Control Board. For smaller development, as per direction of planning authority, septic tank with up-flow filters shall be provided and maintained for the disposal of the sewage within the site itself.

(12)   In cases where the extent of the site where residential or predominantly residential developments proposed exceeds 10,000 square metre (1 hectare), the developer shall reserve minimum ten per cent of the site area (excluding roads, if any, handed over to local body) and provide housing thereon for lower income groups with dwelling units not exceeding 45 square metre in floor area each, either within the site proposed for Multi-storeyed Building development or in a location within a radius of 5 kilometres from the site under reference. The developer or promoter or owner shall sell these small dwellings only for this purpose. No conversion or amalgamation shall be permissible in these cases of lower income group dwellings.

(13)   In residential/predominantly residential developments with dwelling units exceeding 20 in number, the design should include waste management infrastructure with segregation at source and at least a closed non-polluting storage provision for solid waste storage within the premises preferably with direct access from the abutting road shall be provided so that the local body can collect this stored waste from it.

(14)   In the interest of the public for better circulation in the area and also to ensure that the proposed development does not block access to the properties around, in cases of large developments where link roads have to be provided for connectivity to the adjoining lands areas, through the site applied for development, the relevant Authority reserves the right to insist the applicant to set apart such road spaces within the site and the applicant shall hand over the same free of cost through a registered gift deed to the Authority or local body designated by it for declaring it as public road. In such cases, set back from these roads to the buildings proposed shall be provided as prescribed in these regulations.

(15)   The space set apart for formation of a new road as per Master Plan or Detailed Development Plan or road widening/street alignment shall be transferred to the respective Authority or the Agency or the Local Body through a registered Gift Deed before actual issuance of planning permission. The exact mode of conveyance of the land shall be consistent with the relevant enactment and regulations.

(16)   Rain water conservation shall be provided as given in Schedule-V.

[3](17) Solar Photo Voltaic system shall be mandatory and shall be provided as prescribed in Schedule IX.]

(18) Civil Aviation height and activity restrictions shall be adhered to. In cases where helipads are proposed at terrace of commercial/industrial multi-storeyed buildings, clearance of civil aviation department shall be produced.

(19) Special regulations for physically disabled shall be adhered to as in Schedule-IV.

(20) Scrutiny of the plan.

The plan shall be scrutinised as per rule 15 of the Tamil Nadu Multi-storeyed and Public Building Rules, 1973.

3(21) Special Regulation for Hospital buildings shall be adhered to as given in Schedule-XIL]

Regulation - 6. Premium FSI.

Premium FSI over and above the normally allowable FSI shall be allowed, in any case not exceeding 0.5 for special buildings and group developments and not exceeding 1.0 for multi-storeyed buildings in specific areas which may be notified, on collection of at the rates as may be prescribed with the approval of the Government. The amount collected shall be kept in an appropriate account for utilising it for infrastructure development in that area as may be decided by the Government.

Regulation - 7. Transferable Development Rights.

(1)     In certain circumstances, the development potential of the whole or a part of the plot/site may be separated from the land itself and may be made available to the land owner in the form of Transfer of Development Rights excepting in the case of existing or retention users, or any compulsory reservation of space for public or recreational use or Economically Weaker Section/social housing, etc., in the cases of sub-divisionsAayouts/special buildings/group developments/multi-storeyed buildings or such other developments prescribed in the development regulations.

(2)     Transfer of Development Rights shall apply to cases, where a private land is required for

(i)       any road widening/any road formation as proposed in the Master Plan/New Town Development Plan or Detailed Development Plan;

(ii)      any traffic and transport infrastructure development such as bus stops/stands and related transport infrastructure ;

(iii)     any urban infrastructure development such as water supply, sewerage, drainage, electricity, education, health, notified by the State Government department or Government agency or local body.

(3)     These rights may be made available and be subject to the regulations as given by Government provided that in cases of slum (including pavement dwellers) rehabilitation schemes on private lands executed by a private developer/society/NGO, the award of Transfer of Development Rights for Floor Space Index (FSI) may be considered subject to such guidelines and conditions as may be decided by the Government.

Regulation - 7-A. Special Transfer of Development Rights.

(i)       3In cases of slums on waterways, road margins or any other landbelonging to the Government departments or agencies, as the slum dwellers do not own these lands, the regulation for Transfer of Development Rights is not applicable. Considering the safety and enhancement, the slum dwellers who live in such areas need to be resettled and rehabilitated. Further, in certain cases, some of the slum dwellers in other non-objectionable areas also need to be resettled and rehabilitated, as the lands are required for carrying out infra-structure projects or for any other public purpose. In these cases, Special Transfer of Development Rights (Special TDR) for 30 square metres of floor area per slum dwelling resettled can be awarded to those private developers who provide alternate accommodation to them, subject to guidelines given in the Schedule XL

(ii)      The appropriate Planning Authority shall formulate necessary guidelines, prescribe necessary forms and decide on the principles including parameters to be followed for the purpose of implementing the said Special Transfer of Development Rights subject to the guidelines given in the Schedule XL]

Regulation - 8. Proximity to quarries and crushers.

(1)     No sub-division or layout shall be laid out or building the residential, commercial, industrial or institutional or any structure for occupation shall be constructed within 300 metres from an existing live quarry. (If a quarry is claimed as abandoned, then, a certificate from the local body or the licensing authority concerned to that effect shall be produced when necessary).

(2)     No sub-division or layout shall be laid out or residential or commercial or institutional building shall be constructed within the radius of 500 metres from an existing crusher.

(3)     No crusher is permissible within a distance of 500 metres from an existing residential area and vice-versa.

Regulation - 9. Layout and sub-divisions.

(1)     Layouts.

The laying out of land for building purposes shall be carried out only in accordance with the provisions specified below:

(a)      The minimum width of the public street/road which provide access to the proposed site for layout development shall be minimum of 9 metres. It should be a clear public access with a proper tar road being maintained by respective local body.

(b)      The width of roads in the layout shall conform to the minimum requirements given in the Table below and shall be in conformity with the development plan, if any, published under section 26 of the Act and the Detailed Development Plan published under section 27 of the Act for the area except in group housing.

TABLE

The main access (principal road) which goes on along the alignment of the length of the road cannot be dismembered citing the side roads.

For the purpose of calculating the length of road in the above table, the side roads joining with the principal road will not be taken into account.

(c)      In case of demonstrable hardship or relaxation of any provisions, the issue should be referred to the Empowered Committee.

(2)     (a) Splay.

A splay at the intersection of two or more streets/roads shall be provided as below:

(b) Building line.

Building line shall be provided as follows:

(c) Roads for industrial developments:

Note.

(i)       All layout applications should be accompanied with the legal opinion regarding ownership and with other documents, details required for scrutiny.

(ii)      All roads shall be connected to a public road of minimum width of minimum 9 metres.

(iii)     The width of roads in the layout area covered by a Development Plan shall confirm to the alignment and width of roads as contained in the respective Development Plans.

(iv)    No plot in a layout shall be sub-divided or utilised for any other purpose except with prior approval of the Authority who shall consult the Director.

(v)      While determining the length of roads,

(a)      the possibility of its future extension beyond the layout area shall also be taken into consideration ; and

(b)      space for expansion of an existing road may be provided wherever it is considered necessary.

(vi)    When the layout site abuts a National Highway and State Highway or Bye Pass Road, a service road of width upto 7.0 metres along with a green strip upto 3.0 metres in width shall be provided.

(vii)   The procedure for approval of layouts will be as per the G.O. Ms. No. 134, Municipal Administration and Water Supply Department, dated 20.9.2002 and G.O. Ms. No. 71, Rural Development (C2) Department, dated 16.6.2003.

(viii)  The conditions annexed to the order while according technical approval of the layout shall be binding on the developer/local body/planning authority, as the case may be.

(ix)    Any development of layouts without obtaining specific approval under these regulations will be construed unauthorised development. In such unauthorised development, Appropriate Authorities may initiate necessary action as per sections 56 and 57 of the Act. Appropriate Authorities for this purpose may be any of the Executive Authorities of local bodies, Member Secretary of the Composite Local Planning Authorities or Regional Deputy Director/Joint Director of the Town and Country Planning Department. These authorities can exercise concurrent and parallel authorities under their respective jurisdiction.

(d) Community and recreational open spaces.

(i)       Reservation of land for community and recreational purposes in a layout or subdivision for residential, industrial or combination of such uses shall be reserved and kept open to sky and be devoid of any building shall be as follows:

(ii)      In cases where the extent of the residential layout exceeds 10,000 square metres (1 hectare), ten per cent of layout area (excluding roads) shall be developed as Economically Weaker Section plots and the owner or developer or promoter shall sell these plots only for this purpose. No conversion or amalgamation is permissible in these cases of Economically Weaker Section plots.

(iii)     The cost of laying improvements to the system in respect of road, water supply, sewerage, drainage or electric power supply that may be required as assessed by the competent authority shall be provided by the applicant at his cost.

(iv)    All other social, educational, commercial, infrastructure may be suggested as per the norms of National Building Code.

(3)     (i) Reservation of space for the following additional common facilities should be made:

(a)      Recessed bus-bays with bus shelters along side the road ;

(b)      Coffee stall/milk booth ;

(c)      Off-street parking ; and

(d)      Toilet.

(ii) The space set apart for roads and the area reserved for community and recreational purposes as mentioned above shall be registered and transferred to the Authority or Agency or the local body designated by the Authority through a registered deed before the approval of the layout. The exact mode of conveyance should be consistent with the relevant enactments and regulations. Any exemptions or waiver on this space could be decided by the Government only.

(iii) The building and use of land shall conform to the conditions that may be imposed while sanctioning the layout.

(iv) The planning permission for the layout of roads, subdivisions and amalgamation of plots for building purposes shall be accorded after duly getting the prior approval of the Director or from a person authorised by the Director. The terms and conditions and the manner of development may be stipulated by the Director or from the person authorised by the Director, therefore shall be complied with and shall form part of the conditions for issue of planning permissions.

(v) The 10% reservation shall not be put into any other use or considered for de-reservation.

(vi) Scheme road concessions

(vii) Public purpose concessions

(4)     No deviations to above regulations shall be permissible. Any concessions or relaxation or interpretation, etc. required on layout parameters, the same shall be referred to Empowered Committee. The Committee may consider the relevant facts on multi-access to ease traffic flows and decide for approval of layout. Other relevant parameters may also be examined by committee with due justification to arrive at a considered decision.

(5)     Sub-division and amalgamation of plots/sites.

The subdivision and amalgamation of plots shall be carried out when no new roads are introduced and the sites of sub-division abut an existing public road:

Provided that the sub-division of sites will be approved if the site satisfies the requirements specified below and other planning parameters contained in regulation 9 (1).

Regulation – 10. Empowered Committee.

Specific cases of demonstrable hardship shall be referred to Empowered Committee under the Chairmanship of Secretary, Housing and Urban Development with Secretary, Municipal Administration and Water Supply, Member-Secretary, Chennai Metropolitan Development Authority as members and Director of Town and Country Planning as Convener of this committee. This Empowered Committee may relax any of the planning parameters prescribed in these regulations on due consideration to merit on case to case basis. The Empowered Committee will also be the appellate authority as per section 79 of the Act. The Government may give directions on individual cases to be referred to Empowered Committee on specific issues.

Regulation – 11. Transitory provisions.

All applications for development including multi-storeyed building, pending prior to the issue of these development control regulations shall be disposed of in accordance with the planning parameters and rules prevailing before the issue of these regulations.

SCHEDULE -1

Open Space Reservation.

(1)     The open space reservation of land for community recreational purposes such as park/play ground shall be as given below at groun level in a shape and location abutting a public road:

(2)     The site so reserved shall be exclusive of the back spaces and spacing between blocks, and shall be free from any construction/structure.

(3)     Existing development is defined as one where the extent of ground area covered by structures already existing (prior to application for planning permission) is 25% and above of the total site area.

(4)     Open Space Reservation (OSR) should be earmarked only on the area abutting public road. Only under unavoidable circumstances, these OSR, which may be permitted within the site abutting internal circulation road, provided that road also to be handed over to local body.

(5)     In the specific cases where a clearly demonstrable hardship is caused, the Empowered Committee may relax various conditions on the OSR mentioned above.

(6)     Payment of cost in lieu of OSR is generally not permissible, however, for lesser extent this may be considered by Empowered Committee on case-to-case basis.

(7)     OSR should be earmarked at one place only. In case of major development, Empowered Committee may consider splitting of OSR at more than one places on case-to-case basis.

SCHEDULE – II

Parking Standards

SCHEDULE-III

Structures permissible in the minimum prescribed Front setback, side setback and rear setback.

(1)     Unless or otherwise specifically provided for elsewhere in these regulations, no structure shall be constructed within the minimum prescribed set back spaces except the following:

(a)      In cases of non-multi-storyed buildings (including ordinary buildings).

(A)     Unsupported sunshade, wardrobes, balconies, and other projections from the main walls, stated below so long as such structures do not fall within the minimum prescribed set-back spaces more than what is prescribed below:

The items (iii) to (vi) above shall be permitted in the setback spaces provided a minimum clearance of 0.5 metres for an ordinary building and 1.50 metres for a special building/group development and for any other non-multi-storeyed building from the property boundary or street alignment whichever closer is made available:

Provided further that if non-continuous projecting structures stated above in the set backs exceed 50% of the side/length of the building, then, they shall be taken as forming part of the main building, and shall not be allowed in the minimum prescribed setback spaces.

(B)     Motor room of area not exceeding 2 square metre each and height not exceeding 1.8 metres, without affecting parking and driveway requirements.

(b)      In case of ordinary buildings.

Open single or spiral staircase or open double flight staircase so long as such structure do not fall within 0.50 metre from the side boundary or 1 metre from the rear or front boundary of the site or street alignment.

In case of residential buildings in the rear set back, structures like lavatory, lumber room, garbage, etc. not intended for human habitation and servant quarters are permissible provided it does not occupy more than one-third of the plot width, 6 metres from rear boundary and 4 metres in height from ground level.

(c)      A compound wall of height not exceeding 2.0 metres.

(d)      Watchman booth not exceeding 2.5 metres x 2.5 metres in size at each gate and height not exceeding 3 metres.

(e)      Gate pillars without or with arches with a minimum headroom clearance of 5.50 metres at least to a width of 3.5 metres.

(f)       Meter rooms for meter boxes/electrical panels along the boundary wall or external walls of the building with the projections not exceeding 0.60 metre from the abutting walls and the open transformer without affecting parking and drive way, subject to the safety measures stipulated by Tamil Nadu Electricity Board.1

Explanations.

(1)     Any wardrobe or staircase projection stated above is countable for coverage and FSI computation.

(2)     In order to minimise traffic conflicts on to the abutting roads, the number of vehicular entry/exits to the site shall be kept minimum and it shall not exceed 2 numbers (i.e. one entry/one exit):

Provided that an additional gate for every 50 metres frontage may be allowed in large sites, if the frontage exceeds 50 metres.

SCHEDULE-IV

Special regulations for physically disabled shall be adhered to as follows.

In order to provide barrier free environment in the buildings and premises used by public, the following shall be provided for persons with disabilities. (It does not apply to residential developments).

(1)     Site planning:

Every building should have at least one access to main entrance/exit to the disabled which shall be indicated by proper signage. This entrance shall be approached through a ramp together with stepped entry. The ramp should have a landing in front of the doorway.

(2)     Parking:

(i)       Surface parking for at least two car spaces shall be provided near entrance for the physically handicapped persons with maximum travel distance of 30 metres from building entrance.

(ii)      The width of parking bay shall be minimum 3.6 metres.

(iii)     The information stating that the space is reserved for wheel chair users shall be conspicuously displayed.

(3)     Building requirements:

(i)       For approach to the plinth level, and in other levels where ramps with gradients are necessary or desired, they shall conform to the following requirements:

(a)      Ramps slope shall not be steeper than 1 in 12 ;

(b)      Its length shall not exceed 9 metres between landings and its width shall be minimum 1.5 metres with handrails on either side ;

(c)      Its surface shall be non slippery ; and

(d)      Minimum size of landing shall be 1 metre x 2 metres.

(ii)      Among the lifts provided within the premises at least one lift shall have the facility to accommodate the wheel chair size 80 cm. x 150 cm.

(iii)     The doors and doorways shall be provided with adequate width for free movement of the disabled persons and it shall not be less than 90 cm.

(iv)    Stairs shall have the handrail facilities as prescribed in the National Building Code.

(v)      Minimum one special water closet in a set of toilet shall be provided for the use of handicapped as specified in the National Building Code with essential provision of washbasin near the entrance for the handicapped.

(2)     Additional regulations for all buildings:

(a)      In the ground floor, floor level of water closets shall be at least 0.9 metre above the road level to ensure free flow.

(b)      All centrally air conditioned buildings shall have their own waste water reclamation plant and use reclaimed waste water for cooling purposes.

(c)      A separate sump shall be constructed for storing portable water supplied by the local body, the volume of sump not exceeding 1,000 litres per dwelling. This sump shall be independent of other tanks, which may be constructed for storing water obtained from other sources.

SCHEDULE-VI

Spaces excluded from Floor Space Index and coverage computation

(1)     The following shall not be counted towards FSI and plot coverage computation:

(1)     Areas covered by stair-case rooms and lift rooms and passages thereto above the top most storey, architectural features, chimneys, elevated tanks (provided its height below the tank from the floor does not exceed 1.5 metres) and water closet (area not exceeding 10 square metres).

(2)     Staircase and lift rooms and passage thereto in the stilt parking floor.

(3)     Lift wells in all the floors.

(4)     Area of fire escape staircase and cantilever fire escape passages.

(5)     Area of the basement floor/floors used for parking.

(6)     Area of the stilt parking floor, provided its clear height (between lower floor and the bottom of the roof beam) does not exceed 3.0 metre and it is open on sides, and used for parking.

(7)     Area of structures exclusively for accommodating machineries for water treatment plant and effluent treatment plant proposed with clearance from Tamil Nadu Pollution Control Board.

(8)     Areas covered by service ducts and garbage shaft.

(9)     Area of Balcony/Service verandah to an extent of 5 per cent of each dwelling unit area in case of residential buildings and 5 per cent of room area in the case of hotels and lodges.

(10)   Porches/Canopies/porticos.

(11)   Service floor with height not exceeding 1.5 metres.

(12)   The following services and incidental structures necessary to the principal use, subject to a maximum of 10 per cent of the total floor area:

(a)      Area of one office room not exceeding 15 square metres for co-operative housing society or apartment/building owners association in each block.

(b)      Servant's/driver's bath room and water closet (not exceeding 20 square metres) for each block in cases of special building, group development and multi-storeyed building at ground floor/stilt parking floor.

(c)      Gymnasium of 150 square metres in floor area.

(d)      Area covered by

(i)       Metre room in ground floor or parking floor ;

(ii)      Air-conditioning plant room in basement or ground floor ;

(iii)     Electrical room (conforming to Schedule-VIII) in ground floor or stilt parking floor ;

(iv)    Watchmen or caretaker booth/room in ground floor/stilt parking floor ;

(v)      Pump room in ground floor or stilt parking floor ;

(vi)    Generator room in basement floor or ground floor or stilt floor ;

(vii)   Lumber room in basement floor or ground floor ;

(viii)  Air Handling Units in all the floors ;

(ix)    Electrical/switch gear rooms in all the floors.

(e)      Area of one room in ground floor of residential and commercial multi-storeyed building, special buildings, group developments for separate.

[4](13) Area covered by ramps in Hospital Buildings with Ground Floor/Stilt Floor + First Floor and above and floor area exceeding 300 sq.m. in each floor.]

SCHEDULE – VII

Additional FSI benefits for Information Technology developments

The development of land and building for the purpose of development of Information Technology park, software and its associated computer technology, bio-informatic units shall be certified by the appropriate authority designated by the Government for the purpose, to avail the concession stated below.

(1)     Areas.

The proposed Information Technology development is permissible in the local body area, subject to the provision of adequate water supply and sewage disposal arrangement to the satisfaction of the authority.

(2)     Activities.

Manufacture of hardware, development of software and its associated computer-communication technology applications, bio-informatic units including offices, conference halls and projection theatres connected therewith, only shall be permitted. No showrooms, other offices, residential uses and activities of similar nature shall be permitted:

Provided that incidental activities such as staff canteen, staff recreational area, guest accommodation, watchmen quarters and the like not exceeding 10% of the total floor area shall be permitted:

Provided further that within above ceiling of 10%, each of the above incidental activities should not exceed 5% of the total floor area.

(3)     Road width.

The proposed development shall either abut on a public road of not less than 12 metres in case of special building and 18 metres in case of multi-storeyed building in width or gain access from a passage of not less than 12 metres or 18 metres width which connects to a public road of not less than 12 metres or 18 metres in respective special or multi-storeyed building.

(4)     Site extent.

The site extent shall not be less than 1,500 square metres.

(5)     Height.

(a)      For non-multi-storeyed buildings, it shall be in conformity with the requirements prescribed in the regulations.

(b)      For multi-storeyed buildings, maximum permissible height shall be 60 metres where the width of the abutting road is minimum 18 metres, and exceeding 60 metres where the width of abutting road is minimum 30.5 metres, subject to such conditions as may be necessary.

(6)     Floor Space Index.

Maximum Floor Space Index allowable is 1.5 times of the Floor Spaces Index ordinarily permissible.

(7)     Car parking standards.

The covered car parking space will be allowed upto ground + 3 floors above ground level and the same shall not be included in the floor space index/plot coverage.

(8)     Other parameters.

Except for the above said specific provisions, the developments shall conform to these rules in respect of all other parameters

SCHEDULE-VIII

Tamil Nadu Electricity Board[5] and Fire and Rescue Service Standards.

(1)     Electrical rooms in special building, Group development and Multi-storeyed building developments shall conform to the following:

(a)      Tamil Nadu Electricity Board1 Standards:

(i)       Indoor space required within the premises for installing floor mounted Distribution Transformer and associated switch-gear.

(a)      An electrical room for accommodating the transformers and associated switchgears shall be provided at the ground floor, either within the built up space of the multi-storeyed buildings or outside the building and within the premises of the multi-storeyed buildings nearer the main entrance of the building. The associated switchgear shall be separated from the transformer bays by a fire-resisting wall with a fire resistance of not less than 4(four) hours.

(b)      The width of the approach road to the above said electrical room shall not be less than 3.0 metres.

(c)      The electrical room with RCC roof shall have clear floor area 6 m. x 4 m. with a vertical clearance of 2.75 m.

(d)      Three sides of this room shall be covered with brick walls. The fourth side towards the approach road shall be covered with M.S. Rolling Grill Shutter of width not less than 3 metre with locking facility.

(e)      The electrical room shall be fitted with 2 Nos. exhaust fans in the wall facing the approach road, one on either side of the shutter.

(f)       The electrical room shall have raised cement flooring with cable duct of 450 mm. width and 750 mm. depth, all around inside the room and close to the exterior wall shutters. The flooring shall slope towards the cable duct. The cable duct shall be covered with RCC slabs of thickness not less than 75 mm. (3 inches). The covered slabs shall flush with the cement flooring. The radius of curvature of the cable ducts at the turnings inside the electrical room shall not be less than one metre.

The open space within the premises for installation.

A clear space of 10 m. x 4 m. or 5 m. x 5 m. open to the sky and having an approach road of width not less than 3 metres, upto the public road shall be provided within the consumer premises, preferably at the main entrance.

(b)      Directorate of Fire and Rescue Services standards:

(i)       No transformer shall be located below the first basement or above the ground floor.

(ii)      A sub-station or switch station with apparatus having more than 2,000 litres oil shall not be allowed in the case of indoor transformer.

(iii)     The indoor transformer should preferably be housed in a fire-proof room with walls and doors sufficient fire rating.

The room in the ground floor of the basement housing the transformer shall have a free access to the outside.

There shall be a curb or a dwarf wall around the transformer so that oil spills, if any, is contained within the curb. There shall also be a suitable drain with a "flame-arrester".

If in the basement, the transformers shall be adequately protected against fire by a high velocity water spray or a CO2 flooder of suitable capacity, depending upon the size of the transformer.

The switchgears, if any, shall be housed in a separate room with suitable fire resistance walls.

The transformers shall be located only in the periphery of the basement or ground floor, observing suitable clearances.

DCP or CO2 portable fire extinguishers of a minimum capacity of 10 kg. shall be kept near the doorway housing the transformer.

All indoor transformers shall be subjected to periodic inspection and shall be replaced in good time so that there is no fire risk.

The room shall be well ventilated so that the transformer remains cool. The room shall have emergency and automatic lighting with independent power supply.

SCHEDULE IX

[6]Installation of Solar Photo Voltaic System.

(1)     Minimum terrace area to be reserved for erecting solar photo voltaic panels shall be l/3rd of total terrace area.

(2)     The approximate space required for erecting solar photo voltaic panels is 10 sq.m. for generating 1 KW electricity.

(3)     The electricity generated from solar photo voltaic system so erected shall be used for common electricity requirements in the multi-ownership buildings like staircase lights, setback lights, lifts, pumps and non-floor space index areas, etc. However, in case of single ownership buildings, the electricity generated from solar photo voltaic system shall be used for all purposes.

(4)     Net metering guidelines of Tamil Nadu Energy Regulatory Commission shall apply to all such installation of solar photo voltaic system.

(5)     The local planning authority shall monitor the actual erection and give completion certificate to the said building only after the erection of solar photo voltaic panels. The Tamil Nadu Generation and Distribution Corporation Limited will give service connection of net metering only after such completion certificate is obtained.

SCHEDULE X

Guidelines for Transfer of Development Rights (TDR). (See DCR No. 7(3))

[7](1) When land is required for purposes mentioned in Regulation 7(2) of Development Control Regulations (DCR), the owner of the land will be entitled to Floor Space Index in the form of Development Rights Certificate (DRC), which he may use himself or transfer to any other person. Development Rights Certificate would be issued only if the owner is not given monetary compensation or if he chooses to take Transfer of Development Rights in lieu of monetary compensation.

(2)   Development Right Certificate will be granted to the owner or lessee only if the land is not affected by proceedings under Tamil Nadu Urban Land Ceiling Act, 1978 (Under the Repeal and saving provision) and Land Reforms Act. A certificate to this effect must be issued by the concerned Tahsildar or the Competent Authority of the Urban Land Ceiling.

(3)   Development Rights Certificate shall be issued by the Member Secretary in case of Composite Local Planning Authorities after getting the concurrence of Director of Town and Country Planning for the same. In case of other areas, the Development Rights Certificate will be issued by the concerned Regional Deputy Director in whose jurisdiction the area falls, he will issue after obtaining the concurrence of the Director of Town and Country Planning. In the certificate, Floor Space Index credit to which the Development Rights Certificate holder is entitled in terms of the area of land surrendered and its location and restrictions/conditions if any shall be stated.

(4)   The Floor Space Index credit in the form of Development Rights Certificate shall be equal to the surrendered land area multiplied by Floor Space Index allowable as per the table given below:

(a)      When a person who has applied for planning permission proposes to utilise the Development Rights of the part of the land he is surrendering/has surrendered, in the remaining portion of the same site, the applicant is eligible for the Floor Space Index as given below:

(In the above case, the question of issue of DRC doesn't arise).

(b)      When Development Rights Certificate is utilised in a different import site: (i.e. not in the remaining part of the export site itself), then the Floor Space Index eligible towards Transfer of Development Rights will be as follows:

Where V is the multiplication factor arrived at by dividing the guideline value of the land surrendered with the guidelines value of the land at which the Development Rights Certificate is proposed to be received/utilised. The guideline value will be reckoned as on the date of application for utilization of the Development Rights Certificate.

(5)   The land required for the project/scheme shall be surrendered before getting the Development Rights Certificate, by way of a registered gift deed, in favour of Member Secretary of concerned Local Planning Authorities and in case of other areas it is in favour of concerned Regional Deputy Director, after removal of structures if any in the land gifted. The land shall be free from any encumbrance.

(6)   In case of road widening, after leaving the road widening space surrendered, the compound wall and gates shall be reconstructed at the cost of the owner or lessee before getting the Development Rights Certificate.

(7)   The holder of Development Rights Certificate may utilize it himself or transfer it to any person and it shall be done only with the approval of concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director, with concurrence of Director of Town and Country Planning, by obtaining due endorsement on the Development Rights Certificate after submitting a formal application in the prescribed format. If this procedure is not followed then the transfer will not be valid, and the certificate will be available for use only by the original/earlier holder.

(8)   The holder of Development Rights Certificate who desires to utilize the Floor Space Index credit while making development in a site shall attach along with his Planning Permission Application a copy of the valid DRC.

(9)   Any Development Rights Certificate obtained by misrepresentation of facts shall be liable for cancellation and Director of Town and Country Planning/concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director shall take further action as per Law against the act.

(10) Site in the following areas is not liable for utilization of Development Rights Certificate, Floor Space Index credit transferred from other areas.

(i)       Coastal Regulatory Zone area ;

(ii)      Areas declared as Economically Weaker Sections/Low Income Group/Poor class Area under schedule IX to Development Rights Certificate.

(iii)     Areas earmarked as continuous built up area under schedule X to Development Rights Certificate.

(iv)    Notified Area of Heritage towns/Hill stations

(v)      Notified Area of Archeological Survey of India

(vi)    The vicinity area of Civil Aerodomes/Airforce/Air-field and installation as per the Special Rules for Regulating the Construction and Maintenance in the vicinity of Civil Areodomes, 1970.

(vii)   Any other area as may be decided by the State Government and notified in the Government Gazette

(11) Development Rights Certificate may be used in one or more sites whether vacant or developed or by making additional constructions in consistence with the Development Control Regulations. Further the Floor Space Index of plots shall not exceed 0.5 over and above the normally permissible Floor Space Index for that use in those receiving sites.

(12) Before granting Planning Permission for development in the receiving plot, the endorsement on the valid original Development Rights Certificate shall be made by concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director with concurrence of Director of Town and Country Planning regarding the extent of utilization of Floor Space Index credit and the balance of unutilized credit of Floor Space Index, if any.

(13) Development Rights Certificate shall be issued on Rs. 100/-stamp paper in an appropriate form prescribed and duly signed by concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director. Such a certificate will be transferable negotiable instrument only after due endorsement by concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director.

(14) The concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director shall maintain a register in an appropriate form with regard to all transactions regarding grant and utilization of Development Rights.

(15) The lands so surrendered for obtaining Development Rights Certificates shall become public property. The concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director may transfer these lands to the Departments/Government agency concerned on 'as-is where-is' condition for taking further action on the execution of the project/scheme and maintenance.

(16) The loss of Development Rights Certificate by the holder will not entitle for availing the Floor Space Index credit. It shall be the responsibility of the Development Rights Certificate holder to keep it safe and secure. No duplicate Development Rights Certificate will be issued.

(17) Further these provisions of grant of Development Rights Certificate will not arise in cases of sub divisions/Layout developments where as part of the road network within the site, road widening or link road or new roads have to be provided.

(18) In cases where the site is already a developed one, irrespective of whether it is an authorized or unauthorised development, the part of the land required for the public purpose is eligible for the award of Development Rights Certificate but the Development Rights Certificate can only be used for an authorized development proposal.

(19) In cases where there are existing buildings/structures in a site, and because of the surrender of the land for obtaining Development Rights Certificate there may be violations of planning parameters for the existing buildings retained in the remaining plot, they shall be construed as in conformity with these regulations as long as no addition or alteration or change of use is made, provided these existing buildings/structures should have been approved (Public purpose over weighs any individual interest/requirement and hence violations if any in the remaining plot require such consideration of deemed provisions)

(20) Existence of any unauthorised building in a plot does not prohibit a land owner from getting the Development Rights Certificate for the land required for the public purpose. But the existing building in the remaining part of the plot shall continue to be unauthorised until it gets regularised following due process of laws/rules, or demolished.

(21) Where a land for any development listed in the Regulation 7(2) of Development Rights Certificate, could not be taken possession under these Transfer of Development Rights regulations, Land Acquisition Laws can be invoked and the land required can be taken possession for the development by the public authorities so that the project or scheme can be implemented without any hindrance/delay.

(22) The Development Rights Certificate cannot be used if the proposed plot/plots (where Development Rights Certificate is proposed to be used) is abutting a road of less than 9 mts width.

(23) Director of Town and Country Planning may relax additional setbacks and maximum plot coverage parameters for the incremental Floor Space Index due to utilization of Development Rights Certificate to a maximum extent of fifty percent, in the receiving plot. If there is violation in any other planning parameters, it has to be taken to the Empowered Committee for decision.

(24) The utilization of Development Rights shall be in multiples of ten square meters or to be rounded off to next ten square meters.

(25) The utilization of Development Rights Certificate in favour of Non-Resident of India and Foreign nationals will be subject to rules and regulations "under Foreign Exchange Management Act, 1999 (FEMA) and/or the rules and regulations" made by the Reserve Bank of India/Government of India in this behalf.

(26) The Director of Town and Country planning/concerned Member Secretary of Composite Local Planning Authorities concerned Regional Deputy Director may decline to allow utilization of Development Rights Certificate in the following situations:

(a)      Under direction from a competent Court.

(b)      Where the Authority has reason to believe that the transfer for utilization of Development Rights Certificate has been obtained by fraudulent means.

(c)      Where the utilization application does not comply with the terms and conditions.

(d)      Where the utilization application is not duly signed by the transferor and transferee.

(e)      Where the utilization application is not duly accompanied by the original Development Rights Certificate.

(f)       Where the property is encumbered in any way restricting the ownership or development rights or where there is a dispute on the title of the land.

(27) In case of death of holders of Development Rights Certificate, the Development Rights Certificate will be transferred only on production of "Survivors Certificate/Inheritance Certificate/legal Heir ship Certificate"/succession certificate of Administration and/or probate of a will wherever applicable. On production of aforesaid documents names of the legal heirs shall be included in the Development Rights Certificate.

(28) Development Rights Certificate shall be valid initially for a period of 5 years, and may be renewed for a further period of 5 years subject to payment of revalidation fee fixed by the Directorate of Town and Country Planning from time to time.

(29) [a] Application for Development Rights Certificate shall be with necessary documents and particulars in the format prescribed in FORM - A to the regulations.

[b] Format of the Development Rights Certificate to be issued by the Concerned Member secretary of Composite Local Planning Authorities/Regional Deputy Director shall be as prescribed in FORM - B to the regulations.

[c] Register on the award of Development Rights Certificate, the transfer of Development Rights Certificate if any, and the utilisation of Development Rights Certificate shall be maintained as prescribed in FORM - C to the regulations.

[d] Development Rights Certificate holders shall submit utilisation form as prescribed in FORM - D to the regulations.

SCHEDULE XI

[8]Guidelines for grant of Special Transfer of Development Rights (Spl. TDR) for slum resettles (see DCR 7-A)

(1)     Tamil Nadu Slum Clearance Board/Private developers who implement projects to resettle the slum dwellers residing at lands owned by Government departments or Government agencies, and to bring the encroached land to its original status or to make the land available for any public use is eligible for award of Special Transfer of Development Rights in the form of Development Rights Certificate to the extent and on the conditions set out below.

(2)     The slum dwellers shall be the ones identified by the Tamil Nadu Slum Clearance Board (TNSCB) as eligible for alternate accommodation when evicted, based on the standard criteria adopted by the Tamil Nadu Slum Clearance Board from time to time.

(3)     Tamil Nadu Slum Clearance Board shall play the role of a Co-ordinator-cum-facilitator, between the slum households to be evicted, the private developers who provide alternative accommodation and concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director, who has to issue the Special Transfer of Development Rights Certificate, with the concurrence of Director of Town and Country Planning

(4)     Tamil Nadu Slum Clearance Board shall identify the private developers to provide alternate accommodation to the slum dwellers proposed to be evicted, through bidding process, and enter into agreement with the private developers for the provision of alternative accommodation to the slum beneficiaries identified by the Tamil Nadu Slum Clearance Board for eviction. The agreement may be tripartite between Tamil Nadu Slum Clearance Board, private developers and the Representatives or Associations of slum beneficiaries identified, or may be bi-party between Tamil Nadu Slum Clearance Board and the private developers.

(5)     Tamil Nadu Slum Clearance Board shall ensure before the bidding process and entering into agreement with the private developers that majority of the slum dwellers eligible for alternative accommodation are willing to avail themselves of the scheme and to shift to the location or locations identified wherein the alternative accommodation will be provided through private developers.

(6)     The Floor Space Index credit in the form of Special Development Rights certificate (SDRC) per slum beneficiary household shall be arrived as per the following factor:

FSI credit per Slum dwelling = 35 x V x 1.5 sq.m of floor area Where V is the multiplication factor arrived at by dividing the guideline value (GLV) of the emanating site with the guideline value of the site at which the special Development Rights Certificate is received. The guideline value will be reckoned as on the date of application for utilization of the special Development Rights Certificate.

(7)     In cases where guideline value is not available for the emanating slum infested site, the guideline value available for the adjoining site can be considered and if it is not available for the adjoining site also, then the same for the nearby site shall be taken into account while arriving at the Floor Space Index credit.

(8)     The Special Transfer of Development Rights will be finally awarded by way of Special Development Rights Certificate to Tamil Nadu Slum Clearance Board/Private Developers who have provided alternative accommodation of constructed dwelling units of floor area as per the standards prescribed by Tamil Nadu Slum Clearance Board and at the location as agreed upon through agreement as in para 4 above. It shall be awarded after ensuring that physical possession of alternative accommodation duly constructed to the standards prescribed by Tamil Nadu Slum Clearance Board are handed over to Tamil Nadu Slum Clearance Board. Final conveyance of absolute right over the tenements/flat constructed by the private developers to Tamil Nadu Slum Clearance Board shall be through a registered sale deed.

(9)     Tamil Nadu Slum Clearance Board shall evict the slum dwellers identified and accommodate them in the alternative locations and handover the evicted site to the land owning department or agency.

(10)   Tamil Nadu Slum Clearance Board may collect lease rent, maintenance charges, or any other charges/amounts due to it before final transfer of the flat/tenement, after specified period as normally done by Tamil Nadu Slum Clearance Board in the cases of flats/tenements they construct, and allot it to such slum dwellers, and it may be subject to such further conditions as may be prescribed by the Tamil Nadu Slum Clearance Board.

(11)   Tamil Nadu Slum Clearance Board/Private Developer who has obtained the Special Development Rights certificate may utilize it by itself/himself or transfer it to any person and it shall be done only with the approval of concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director, with the concurrence of Director of Town and Country Planning, by obtaining due endorsement on the Special Transfer Development Rights Certificate after submitting a formal application in the prescribed format. If this procedure is not followed then the transfer will not be valid, and the certificate will be available for use only by the original/earlier holder.

(12)   The holder of Special Development Rights Certificate who desires to utilize the Floor Space Index credit while making development in a site shall attach along with his Planning Permission Application a copy of the valid Special Development Rights Certificate.

(13)   Any Special Development Rights Certificate obtained by misrepresentation of facts shall be liable for cancellation and concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director with the concurrence of Director of Town and Country Planning shall take further action as per law against the act.

(14)   Site in the following area is not liable for utilization of Special Transfer of Development Rights Certificate, Floor Space Index credit transferred from other areas:

(i)       Coastal Regulatory Zone area ;

(ii)      Areas declared as Economically Weaker Sections/Low Income Group/Poor class Area under schedule IX to Development Rights Certificate.

(iii)     Areas earmarked as continuous built up area under schedule X to Development Rights Certificate.

(iv)    Notified Area of Heritage towns/Hill stations.

(v)      Notified Area of Archeological Survey of India.

(vi)    The vicinity area of Civil Aerodomes/Airforce/Air-field and installation as per the Special Rules for Regulating the construction and Maintenance in the vicinity of Civil Areodomes, 1970

(vii)   Any other area as may be decided by the State Government and notified in the Government Gazette.

(15)   Before granting Planning Permission for development in the receiving plot, the endorsement on the valid original Special Development Rights Certificate shall be made by concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director regarding balance extent of utilization of Floor Space Index credit and unutilized credit of Floor Space Index, if any.

(16)   Special Development Rights Certificate shall be issued on Rs. 100/- stamp paper in an appropriate form prescribed and duly signed by concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director. Such a certificate will be transferable negotiable instrument only after due endorsement by concerned Member Secretary of Composite Local Planning Authorities concerned Regional Deputy Director.

(17)   The concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director shall maintain a register in an appropriate form with regard to all transactions regarding grant and utilization of Special Development Rights Certificate.

(18)   The loss of Special Development Rights Certificate by the holder will not entitle for availing the Floor Space Index credit. It shall be the responsibility of the Special Development Rights Certificate holder to keep it safe and secure. No duplicate Special Development Rights Certificate will be issued.

(19)   Special Development Rights Certificate shall be valid initially for a period of five years. It may be renewed for further five years subject to payment of revalidation fee which may be prescribed and notified by Directorate of Town and Country Planning from time to time.

(20)   For the alternative accommodation provided directly by the Tamil Nadu Slum Clearance Board also the Special Transfer of Development Rights is awardable to Tamil Nadu Slum Clearance Board to the extent and on the conditions stated above in these regulations, and the Tamil Nadu Slum Clearance Board may utilize the Floor Space Index credit in their development sites or transfer it to others for revenue generation. The concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director with concurrence of Director of Town and Country Planning may award the Special Development Rights Certificate as may be eligible under the Development Regulations on receipt of details on the rehabilitation scheme and Board's resolution of Tamil Nadu Slum Clearance Board claiming the Special Transfer of Development Rights and keep the Government informed.

(21)   Tamil Nadu Slum Clearance Board shall identify the slum and workout a scheme for eviction and rehabilitation of the slum availing the special Transfer of Development Rights provided for in the Development Control Regulations (DCR). The scheme proposed by Tamil Nadu Slum Clearance Board shall be informed in advance to Director of Town and Country Planning/concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director with the following details:

(a)      Revenue address of the site of the slum which is proposed to be evicted (i.e. the details of T.S.No./S.No., Block No., Village Name, Taluk and District) along with the map showing physical boundary of the slum under reference.

(b)      No. of dwellings to be resettled along with the list of the slum beneficiaries who are eligible for award of special Transfer of Development Rights under the Development Control Regulations provisions, who have been enumerated and identified by Tamil Nadu Slum Clearance Board based on the approved standard criteria.

(22)   Tamil Nadu Slum Clearance Board shall workout the scheme in such a way that no part of the slum shall be left out from eviction for whatsoever reason. The slum clearance of the encroachments at the slum site by rehabilitating them elsewhere shall be planned in toto ensuring that no part is left as residuary part of the slum and it doesn't expand later and grow as a full slum in the same site. Compliance of this condition has become essential as otherwise the purpose of award of Special Transfer of Development Rights will not be served. In cases of large slums, Tamil Nadu Slum Clearance Board may propose in consultation with Director of Town and Country Planning/concerned Member Secretary of Composite Local Planning Authorities concerned Regional Deputy Director the extent to be considered for eviction and resettlement at a time, when it is not possible for rehabilitating all of them at a time, in large slums.

(23)   On receipt of the details stated in S. No. 21 above from Tamil Nadu Slum Clearance Board, the concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director with concurrence of Director of Town and Country Planning shall examine the Tamil Nadu Slum Clearance Boards proposal and convey its assurance to Tamil Nadu Slum Clearance Board for award of special Transfer of Development Rights to Tamil Nadu Slum Clearance Board based on the list of slum beneficiaries certified as eligible by the Tamil Nadu Slum Clearance Board.

(24)   Tamil Nadu Slum Clearance Board shall enter into final agreement with the developers only after receipt of specific assurance for award of Special Transfer of Development Rights.

(25)   The buildings proposed/constructed by the developers under the scheme in agreement with the Tamil Nadu Slum Clearance Board shall conform to the Development Control Regulations and the local body regulations and shall be constructed only after getting due planning permission and building permission from the competent authorities as prescribed in the Development Control Regulations.

(26)   The size of the dwelling unit to be provided by the Tamil Nadu Slum Clearance Board/Private developer shall not be less than 35 sq.mts. in plinth area.

(27)   Tamil Nadu Slum Clearance Board shall ensure that the developer gets planning permission and building permission, and that the constructions for rehabilitation are carried out to the specifications prescribed by Tamil Nadu Slum Clearance Board, with quality checks during constructions etc.

(28)   The assurance of Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director for award of special Transfer of Development Rights is always subject to the compliance of supply of the dwellings and handing over to the Tamil Nadu Slum Clearance Board on time as agreed upon and execution of registered deed.

(29)   Tamil Nadu Slum Clearance Board shall take over the premises only after the developer completed the construction as per the approved plan and the Tamil Nadu Slum Clearance Board shall ensure that the buildings are ready for occupation with all service connections.

(30)   After receiving the certificate of the Tamil Nadu Slum Clearance Board for having taken over of the premises with buildings constructed to the specification of the Tamil Nadu Slum Clearance Board and title transfer to Tamil Nadu Slum Clearance Board through a registered deed, the concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director with concurrence of Director of Town and Country Planning shall award special Transfer of Development Rights as provided in the Development Control Regulations to the Tamil Nadu Slum Clearance Board.

(31)   The cleared site shall be handed over to the Government department/agency by Tamil Nadu Slum Clearance Board immediately after the eviction and certificate by the landowning department shall be obtained for handing over and for its protection against encroachments subsequently.

(32)   Any failure on the part of the land owning department to protect its slum cleared land from any encroachment or formation of slum shall not make the slum dweller on such re-encroached land entitle for any special Transfer of Development Rights under these provisions. Special Transfer of Development Rights will not be awarded for the same site more than once.

(33)   After clearance of the slum site covered in the scheme for rehabilitation and handing over of the cleared site to the concerned land owning government departments/agencies, the Tamil Nadu Slum Clearance Board shall send the scheme completion report to Director of Town and Country Planning/concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director for record.

(34)   Tamil Nadu Slum Clearance Board shall ensure that a slum dweller avails himself/herself of the alternative accommodation only once.

(35)   Director of Town and Country Planning may consider relaxing additional setbacks and maximum plot coverage parameters for the incremental Floor Space Index due to utilization of Development Rights Certificate to a maximum extent of fifty percent, in the receiving site. If there is violation in any other planning parameters, it has to be taken to the Empowered Committee for decision.

(36)   The utilization of Special Transfer of Development Rights shall be in multiples of ten square meters or to be rounded off to next ten square meters.

(37)   The Director of Town and Country planning/concerned Member Secretary of Composite Local Planning Authorities concerned Regional Deputy Director may decline to allow utilization of Development Rights Certificate in the following situations:

(a)      Under direction from a competent court.

(b)      Where the Authority has reason to believe that the transfer for utilization of Development Rights Certificate has been obtained by fraudulent means.

(c)      Where the utilization application does not comply with the terms and conditions.

(d)      Where the utilization application is not duly signed by the transferor and transferee.

(e)      Where the utilization application is not duly accompanied by the original Development Rights Certificate.

(f)       Where the property is encumbered in any way restricting the ownership or development rights or where there is a dispute on the title of the rehabilitation site.

(38)   In case of death of holders of Special Development Rights Certificate the Special Development Rights Certificate will be transferred only on production of "Survivors Certificate/Inheritance Certificate/legal Heir ship Certificate"/succession certificate of Administration and/or probate of a will wherever applicable. On production of aforesaid documents names of the legal heirs shall be included in the Special Development Rights Certificate.

(39)   Format of the Special Development Rights Certificate to be issued by the concerned Member Secretary of Composite Local Planning Authorities/concerned Regional Deputy Director shall be as prescribed in FORM-E to the regulations.

(40)   Register on the award of Special Development Rights Certificate, the transfer of Special Development Rights Certificate if any, and the utilization of Special Development Rights Certificate shall be maintained as prescribed in FORM - F to the regulations.

(41)   Special Development Rights Certificate holders shall submit utilization form as prescribed in FORM - G to the regulations.

(42)   Director of Town and Country Planning shall be absolved of any dispute or litigation arising during implementation of the slum clearance scheme and any dispute or litigation shall be defended by the Tamil Nadu Slum Clearance Board, the scheme implementation agency.

FORM-A

FORM-B

FORM-C

FORM-D

FORM-E

FORM-F

FORM-G

SCHEDULE-XII

Regulations for Special Provision of Ramps in Hospital Buildings

[DCR Nos. 3(3), 4 and 5]

(1)     [9]Ramps of minimum width 2.4m and minimum slope of 1:12 shall be provided in all Hospital Buildings with Ground Floor/Stilt Floor + First Floor and above and floor area exceeding 300 sq.m in each floor.

(2)     Set back space all around the building with access for fire fighting vehicles to operate, as already laid down in the Development Control Regulations shall be provided as given below:

(i)       For buildings less than 17.25 metres height and up to Stilt + 4 Floors/Ground Floor + 3 Floors, 6.0 metres wide set back all around.

(ii)      For buildings between 17.25 meters and 30.0 metres height, 7.0 metres set back all around.

(iii)     Set back area should be free of any obstruction, such as fountains, statues, flower pots, decorative idols, ramps etc., to facilitate movement of vehicle and people during emergency.

(3)     Minimum of two large 'louvered windows' (with adequate safety provision) shall be provided in each floor for easy evacuation of persons, wherever the building is fully glazed.

(4)     Fire Lifts with alternate power supply outside the building shall be provided.

(5)     Fire fighting training shall be given for selected employees in each hospital. The Hospital Authorities shall approach the Director of Fire and Rescue Services (DF&RS) for imparting such training.

(6)     Regular mock drills shall be conducted once in every six months with the help of Director of Fire and Rescue Services to ensure effective functioning of all safe guards built for fire and life safety.

(7)     All Government/Private Hospitals shall display in suitable places, within the premises, a declaration enlisting the fire safety measures and escape routes provided in the hospital. The declaration should be displayed on a board in Tamil and English.