Tamil Nadu Combined Development and Building Rules, 2019

PART –I Preliminary

Rule - 1. Short title, extent and commencement.

(1)     These rules may be called the Tamil Nadu Combined Development and Building Rules, 2019.

(2)     This Rules shall come into force from the date of publication in the Tamil Nadu Government Gazette.

Rule - 2. Definitions.

In these Rules, unless there is anything repugnant in the subject or context,—

(1)     “Access” means way to a plot or a building;

(2)     “Accessory Use” means any use of the premises subordinate to the principal use and customarily incidental to the principal use;

(3)     “Act” means the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), the Chennai City Municipal Corporation Act, 1919 (Tamil Nadu Act IV of 1919), the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920), the Madurai City Municipal Corporation Act, 1971 (Tamil Nadu Act 15 of 1971), the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act 25 of 1981), the Tiruchirappalli City Municipal Corporation Act, 1994 (Tamil Nadu Act 27 of 1994), the Tirunelveli City Municipal Corporation Act, 1994 (Tamil Nadu Act 28 of 1994), the Salem City Municipal Corporation Act, 1994 (Tamil Nadu Act 29 of 1994), the Tiruppur City Municipal Corporation Act, 2008 (Tamil Nadu Act 7 of 2008), the Erode City Municipal Corporation Act, 2008 (Tamil Nadu Act 8 of 2008), the Vellore City Municipal Corporation Act, 2008 (Tamil Nadu Act 26 of 2008), the Thoothukudi City Municipal Corporation Act, 2008 (Tamil Nadu Act 27 of 2008), the Thanjavur City Municipal Corporation Act, 2013 (Tamil Nadu Act 24 of 2013), or the Dindigul City Municipal Corporation Act, 2013 (Tamil Nadu Act 25 of 2013) and the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994);

(4)     “Addition and/or Alteration” means a change from one occupancy to another, or a structural change including an addition to the area or change in height or the removal of part of building, or any change to the structure, such as the construction or removal or cutting into of any wall or part of a wall, partition, column, beam, joist, floor including a mezzanine floor or other support, or a change to or closing of any required means of access ingress or egress or a change to fixtures or equipment" as provided in these Rules;

(5)     “Advertising Sign” means any surface or structure with characters, letters or illustrations applied thereto and displayed in any manner whatsoever outdoors for the purpose of advertising or giving information or to attract the public to any place, person, public performance, article, or merchandise, and which surface or structure is attached to, forms part of, or is connected with any building, or is fixed to a tree or to the ground or to any pole, screen, fence or hoarding or displayed in space, or in or over any water body included in the jurisdiction of the competent authority;

(6)     “Air-conditioning” means the process of treating air so as to control simultaneously its temperature, humidity, purity, distribution and air movement and pressure to meet the requirements of the conditioned space;

(7)     “Amenities” shall have the same meaning as defined in Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(8)     “Application” means an application made in such form as may be specified by the authority from time to time;

(9)     “Approved” means approved orsanctioned by the Authority under these Rules.

(10)   “Area” In relation to a building means the superficies of a horizontal section thereof made at the plinth level inclusive of the external walls and of such portions of the party walls as belong to the building;

(11)   “Assembly Building” means any building or part of a building, where 50 persons or more congregate or gather for amusement, recreation, social, religious, patriotic, civil, travel or other purposes and includes theatres, motion picture houses, assembly halls, Kalyana mandapams, convention centers, auditoria, exhibition halls, museums, skating rinks, large gymnasiums, places of worship, dance halls, club rooms, passenger stations, stadia and terminals of air, surface and marine, public transportation services;

(12)   “Auxiliary” means electrically operated or fuel fired boilers or systems to heat water coming out from solar water heating system to meet continuous requirement of hot water;

(13)   “Balcony” means a horizontal projection, cantilevered or otherwise including a parapet" handrail, balustrade, to serve as a passage or sit out place;

(14)   “Basement or Cellar” means the lower storey or storeys of a building below or partly below ground level with majority of its headroom below ground level;

(15)   “Building” means any structure for whatsoever purpose and of whatsoever materials constructed and every part thereof whether used as human habitation or not and includes foundation, plinth, walls, floors, roofs, chimneys, plumbing and building services, fixed platforms, verandah, balcony, cornice or projection, part of a building or anything affixed thereto or any wall enclosing or intended to enclose any land or space and signs and outdoor display structures. Tents, shamianahs, pandals, part aulin shelters and the like erected for temporary and ceremonial occasions shall not be considered as building;

(16)   “Building Line” shall have the same meaning as defined in the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(17)   “Carpet Area” The covered area of the usable rooms of a dwelling unitat any floor excluding the area of the walls;

(18)   “Canopy or portico or porch” means a cantilever projection at lintel level or ground floor roof level over an entrance of a building and includes cantilever projection anywhere between lintel and roof level;

(19)   “Chimney” means an upright shaft containing one or more flues provided for the conveyance to the outer air of any product of combustion resulting from the operation of heat production appliance or equipment employing solid, liquid or gaseous or any other fuel;

(20)   “Competent Authority” means an authority as specified in rule 5 of these rules;

(21)   “Construction” means any erection of a structure or a building, including any addition or extension thereto either vertically or horizontally, but does not include, any reconstruction, repair and renovation of an existing structure or building, or construction, maintenance and cleansing of drains and drainage works and of public latrines, urinals and similar conveniences or the construction and maintenance of works meant for providing supply of water for public or the construction or maintenance, extension, management for supply and distribution of electricity to the public or provision for similar facilities for publicity;

(22)   “Conversion of Building Occupied” means the change from one occupancy to other occupancy or any change in building structure or part thereof resulting in a change of space and use requiring additional occupancy certificate;

(23)   “Conversion of Land Use” means the change from one category of land use to another category of land use in the Master Plan and Detailed Development Plan and New Town Development Plan;

(24)   “Courtyard” means a space permanently open to sky, enclosed fully or partially by buildings and may be at ground level or any other level within or adjacent to a building;

(25)   “Covered Area” means ground area covered by the building above the plinth level and includes parts of the building projecting out in other storey, including basement floor levels;

(26)   “Corridor” means a common passage or circulation space within a building;

(27)   “Continuous building” means buildings constructed without any side set back including row type housing;

(28)   “Cyclone Prone Areas” mean the areas close to the coast as specified in the wind velocity map given in I.S. 875, where the cyclonic wind velocities exceed 39 metres per second and prone to cyclonic storms;

(29)   “Damp Proof Course” means a course consisting of some appropriate water proofing material provided to prevent penetration of dampness or moisture;

(30)   “Dead Load” means the weight of all permanent stationary construction becoming part of a structure;

(31)   “Development” shall have the same meaning as defined in Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(32)   “Deemed Approval” means a clearance deemed to have given by the competent authority on the expiry of time limit for providing such clearance in the absence of sufficient and reasonable cause for not clearing the application within the time limit;

(33)   “Drain” shall have the same meaning as defined in Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act of 1920) or the respective City Municipal Corporation Act;

(34)   “Drainage system” means a system or a line of pipes, with their fittings and accessories, such as manholes, inspection chambers, traps, gullies, floor traps used for drainage of building or yards appurtenant to the buildings within the same cartilage and includes an open channel for conveying surface water or a system for the removal of any waste water;

(35)    “Dwelling Unit” means an independent housing unit with separate facilities for living, cooking and sanitary requirements, and may be a part of a building;

(36)   “Earthquake Prone Areas” mean the areas as specified in the map given IS: 1893 under seismic zones III, IV & V, which are likely to have moderate to high damage risk due to earthquake;

(37)   “Encroachment” means an act to enter into the possession or rights either of permanent or temporary nature on a land or built up property of local body or Stateor Central Government;

(38)   “Exit” means a passage channel or means of egress from the building, its storey or floor to a street or, other open space of safety whether horizontal, outside and vertical exits meaning as under:-

(i)       Horizontal exit means an exit, which is a protected opening through or around a fire well or bridge connecting two or more buildings.

(ii)      Outside exit mean an exit from building to a public way to an open area leading to a public way or to an enclosed a fire resistant passage leading to a public way.

(iii)     Vertical exit means an exit used for ascending or descending between two or more levels including stairway, fire towers, ramps and fire escapes;

(39)   “External Wall” means an outer wall or vertical enclosure of any building;

(40)   “Farm House” means a building constructed for incidental use in an agriculture or horticulture farm and any building constructed but not associated with the farm activities shall not be construed as a “farm house” for the purposes of these Rules;

(41)   “Fire and/or Emergency Alarm System” means an alarm system comprising of components for manually or automatically detecting a fire, initiating an alarm of fire and initiating other actions as appropriate;

(42)   “Fire Lift” means a special lift designed for the use of fire service personnel in the event of fire or other emergency;

(43)   “Fire Proof Door” means a door or shutter fitted to a wall opening and constructed and erected with the requirement to check the transmission of heat and fire for a period;

(44)   “Fire Pump” means a machine, driven by external power for transmitting energy to fluids by coupling the pump to a suitable engine or motor, which may have varying outputs or capacity but shall be capable of having a pressure of 3.2 kg/cm2 at the topmost level of the High Rise building;

(45)   “Fire Resistance means the time during which a fire resistant material i.e. material having a certain degree of fire resistance, fulfills its function of contributing to the fire safety of a building when subjected to prescribed conditions of heat and load or restraint;

(46)   “Fire Resistant Building” means a building in which material, which has appropriate degree of fire resistance is used;

(47)   “Flood Prone Areas” means areas likely to have significant flood flow inundation notified by the concerned Authority from time to time, as flood prone areas which may be modified or added or deleted when necessary by due notification;

(48)   “Floor Space Index (FSI)” means the quotient obtained by dividing the total covered area (plinth) on all floors excepting the areas specifically exempted under these rules, by the Plot Area and is represented by this formula.-

FSI = Total covered area on all floors

Plot Area

(49)   “Footing” means a foundation unit constructed in brickwork, stone masonry or concrete under the base of a wall or column for the purpose of distributing the load over a larger area;

(50)   “Foundation” means that part of the structure, which is in direct contact with ground and transmits loads over it;

(51)   “Framed Building” means a building in which the loads either dead or live are carried by timber, steel or reinforced concrete framing;

(52)   “Gallery” means an intermediate floor or platform projecting from a wall of an auditorium or a hall providing extra floor area, and or additional seating accommodation and includes the structures provided for seating in stadia;

(53)   Garage-Private” means a building or a portion thereof designed and used for the parking of vehicle;

(54)   “Garage-Public” means a building or portion thereof, designed other than as a private garage, operated for gain, designed and or used for repairing, servicing, using, selling or storing or parking motor driven or other vehicles;

(55)   “Government means the State Government;

(56)   “Habitable Room” means a room occupied or designed for occupancy by one or more persons for study, living, sleeping, eating, kitchen if it is used as a living room, but not including bathrooms, water-closet compartments, laundries, serving and store pantries, corridors, cellars, attics, and spaces that are not used frequently or during extended periods;

(57)   “Height of the Building” means the height measured generally from the formed ground level within the plot abutting the road or passage excluding ramp if any within the plot upto to the roof level of the topmost livable floor. In the case of pitched roof, height of the building means the height measured from the ground level stated above up to the point where external surface of outer wall intersects the finished surface of the sloping roof, and in the case of gables facing the road, the midpoint between the eave’s level and the ridge

Explanation.—Stair-case head rooms, lift rooms, solar panels, elevated tanks and also water closet (with floor area not exceeding 10sq.m.) above topmost floor, and also architectural features, and parapet walls of height up to 1.5 meter shall not be included in calculating the height of building. In cases where earth filling is made or proposed within the site above the average level of the abutting street or road, then the height of building shall be reckoned from the filled up ground level around the building provided such filling does not exceed 1 meter above the average level of the abutting street or road;

(58)   “High Rise Building” means a building exceeding 18.30m height;

(59)   “Hut” means any building which is constructed principally of wood, mud, leaves, grass, thatch or metallic sheets and includes any temporary structure of whatever size or any small building of whatever material made which the council may declare to be a hut for the purpose this rule;

(60)   “Illuminated Exit Signs” means a device for indicating the means of escape during normal circumstances and power failure;

(61)   “Layout” means laying out and division of land into plots exceeding eight in number, for various uses with introduction of new road or roads for public uses;

(62)   “Live Load” means all loads except dead loads that may be imposed on a structure and wind loads will also be considered as live loads;

(63)   “Lift or Elevator” means an appliance designed to transport persons or materials between two or more levels in a vertical or substantially vertical direction by means of a guided car or platform;

(64)   “Load Bearing Wall” means wall that carries dead load other than its own weight;

(65)   “Lobby” means a covered space in to which all the adjoining rooms open;

(66)   “Local Body” means Corporation of Chennai, Municipal Corporation, Municipality, Town Panchayat or a Village Panchayat;

(67)   “Loft” means an intermediate floor between two floors or a residual space in a pitched roof above normal level constructed for storage with maximum clear height of 1.5 meters;

(68)   “Masonry” menas an assemblage of masonry units properly bound together by mortar;

(69)   “Master Plan” means a plan approved by the Government under section 28 of the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(70)   “Means of Escape” means an escape route provided in a building for safe evacuation of occupants;

(71)   “Mezzanine floor” means an intermediate floor between two floors above ground level subject to the following:-

(i)       The area of mezzanine floor is restricted to 1/2nd of the area of the floor immediately below.

(ii)      The height of the mezzanine floor shall be minimum 2.2 metres for non- habitable purposes and 2.5 metres for habitable purposes; and

(iii)     The head room height of the remaining part of the said floor shall be the total of the height of the mezzanine floor and the space below the mezzanine floor;

(72)   “Miniature Circuit Breaker or Earth Leakage Circuit Breaker” means a devices for tripping of electrical circuits in event of any fault in the circuit or installation;

(73)   “Mitigation” means the measures taken in advance of a disaster aimed at decreasing or eliminating its impact on society and on environment, including preparedness and prevention;

(74)   “Non Combustible Material” means a material which is not liable to burn or add heat to a fire when tested for combustibility in accordance with the latest code of Bureau of Indian Standards Method of Test for combustibility of Building Materials;

(75)   “Occupancy or use” means the principal occupancy or use for which a building or a part of a building is intended to be used. For the purposes of classification of a building according to occupancy, an occupancy shall be deemed to include the subsidiary occupancies which are contingent upon it;

(76)   “Natural Disaster” means a serious disruption of the functioning of a society, causing widespread human, material or environmental losses caused due to earthquake, cyclone, flood, tsunami, landslide and similar event which exceeds the ability of the affected society to cope using only its own resources;

(77)   “Natural Hazard” means the possibility or probability occurrence of a natural event, within a specific period of time in a given area, having potential for damaging widespread area;

(78)   “Natural Hazard Prone Areas” means the areas likely to have,—

(i)       moderate to very high damage risk zone of earth quakes or

(ii)      moderate to very high damage risk of cyclones or

(iii)     significant flood flow or inundation, or

(iv)    Tsunami proneness or

(v)      Landslide proneness or potential, or

(vi)    One or more of these hazards;

(79)   Non-Structural Component” means the components of buildings, which do not contribute to the structural strength or stability such as infill walls in Reinforced Cement Concrete frame buildings, glass panes, claddings, parapet walls, chimneys etc;

(80)   “Parapet” means a low wall or railing built along the edge of a roof or a floor;

(81)   “Parking space” means an enclosed or unenclosed covered or open area sufficient in size to park vehicles, which is served by a driveway connecting to a street or alley and permitting ingress and egress of vehicles;

(82)   “Partition” means an interior non-load bearing barrier, one storey or part-storey in height.

(83)   “Partition Wall” means a wall which supports no load other than its own weight and includes;

(i)       A wall forming part of a building and being used or constructed to be used in any part of the height or length of such wall for separation of adjoining buildings belonging to different owners or constructed or adopted to be occupied by different persons; or

(ii)      A wall forming part of a building and standing in any part of the length of such wall, to a greater extent than the projection of the footing on one side or ground of different owners;

(84)   “Passage” means circulation space on land leading from a street or road to the plot or site;

(85)   “Permit” means a valid permit or authorization in writing by the competent authority to carryout development or a work regulated by these rules;

(86)   “Plinth” means the portion of a structure between the surface of the surrounding ground and surface of the floor immediately above the ground;

(87)   “Plinth Area” means the built up covered area measured at the floor level of the basement or of any storey;

(88)   “Plot or site Area” means the area of a contiguous parcel of land enclosed by definite boundaries over which the applicant has legal right for development and includes part of the site used as exclusive passage, open space reservation area and internal roads within the boundaries;

(89)   “Plot coverage” means the extent to which the plot is covered with a building or structure 12-noon shadow and expressed as a percentage of the ratio of the built up area to the plot area, excluding the floor area exempted from the computation of plot coverage as given in rule 29;

(90)   “Private Street” shall have the same meaning as defined in the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920);

(91)   “Prohibited Area” means any area specified or declared to be a Prohibited Area under the relevant Act by the Central or State Government from time to time;

(92)   “Protected Monument” means an ancient monument which is declared to be of national importance by or under the Ancient Monuments and Archeological Sites and Remains Act, 1958 (Central Act 24 of 1958);

(93)   “Public Buildings” shall have the same meaning as defined in Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(94)   “Public Street” shall have the same meaning as defined in Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920);

(95)   “Qualified Professional” means a professional registered under rule 23 of these Rules;

(96)   “Quality Control” means control construction quality and to control of variation in the material properties and structural adequacy;

(97)   “Quality Assurance” means all planned and systematic actions necessary to ensure that the final product i.e. structure or structural elements will perform satisfactorily during service life;

(98)   “Quality Audit” means a requirement for an independent, third party assessment of the quality and seismic or cyclone resistant features of all the High Rise Building and especially in earthquake zone-III and coastal areas of the State. The quality audit report shall consist of conformance or non-conformance of structures with the technical specifications for prevention of progressive collapse during earthquake, cyclone or any other accidental load resistance and to suggest remedies/ rectification if any;

(99)   “Reconstruction” shall have the same meaning as defined in the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(100)    “Reconstitution of plots” shall have the same meaning as defined in Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(101)    “Regulated area” means any area specified or declared under section 20B under the Ancient Monuments and Archological Sites and Remains Act, 1958 (Central Act 24 of 1958);

(102)    “Retrofitting” means upgrading the strength of an unsafe building by using suitable engineering techniques;

(103)    “Road/Street Width” means any highway, street, service road lane, pathway, alley, stairway, passageway, carriageway, footway, flyover, square, place or bridge over which the public have a right of passage or access or have passed and have access uninterruptedly and includes all bunds channels, ditches, storm water drains, culverts sidewalks, traffic islands, roadside trees and hedges, retaining walls, fences, barriers and railing within the street lines;

(104)    “Room Height” means the vertical distance measured from the finished floor surface to the finished ceiling;

(105)    “Row Housing/Row type Building” (Continuous Building) means a row of house or buildings with only front and rear open spaces;

(106)    “Service Road” means a road or lane provided at the front, rear or side of a plot for service purpose;

(107)    “Set back” means the open space across front or sides or rear of a plot between the building and street alignment or boundary of the plot as the case may be;

(108)    “Stilt floor” means a part or whole of floor at ground level or the height above the ground level described in these Rules as the building is on stilts;

(109)    “Street Alignment” shall have the same meaning as defined in the Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972);

(110)    “Structural Component” means component of buildings which contributes to strength and stability of structures under no circumstances these are permitted to be damaged or partially or totally removed;

(111)    “Structure” means something constructed or built having a fixed base on or other connection to the ground or other structure;

(112)    “Site Corner” means a site at the junction of and fronting on two or more intersecting roads or streets;

(113)    “Site Depth” means the mean horizontal distance between the front and rear site boundaries;

(114)    “Site Plan” means a detailed Plan showing the proposed placement of structures, parking areas, open space, landscaping, and other development features, on a parcel of land, as required by specific sections of the development code;

(115)    “Site with Double frontage” menas a site having frontage on two streets other than corner plot;

(116)    “Storey” means the part of a building between the upper surface of the floor and upper surface of the floor next above or the underside of roof;

(117)    “Spiral Staircase” means a staircase forming continuous winding curve round a central point or axis provided in an open space having tread without risers;

(118)    “Sub-division” means division of land into plots not exceeding eight in number;

(119)    “Tsunami Prone Areas” means an area affected in the past or an area likely to be affected in the future by tsunami, as identified and notified by the Local body as tsunami prone areas;

(120)    “Un-authorised Construction” means the erection or re-erection, addition or alterations which are not approved or sanctioned by the competent authority;

(121)    “Underground or Overhead Water Tank” means an installation constructed or placed for storage of water;

(122)    “Ventilation” means supply of outside air into, or the removal of inside air from an enclosed space, which includes —

(i)       Natural Ventilation - Supply of outside air into a building through window or other openings due to wind outside and convection effects arising from temperature or vapour pressure differences (or both) between inside and outside of the building.

(ii)      Positive Ventilation - the supply of outside air by means of a mechanical device, such as a fan.

(iii)     Mechanical Ventilation - Supply of outside air either by positive ventilation or by infiltration by reduction of pressure inside due to exhaust of air, or by a combination of positive ventilation and exhaust of air.

(123)    Verandah” means a covered area with at least one side open to the outside with the exception of 1.2 m high parapet to be provided on the open side. It can be a covered one by grill or jolly works, without reducing natural lighting and ventilation;

(124)     “Water Closet (W.C)” means a water flushed plumbing fixture designed to receive human excrement directly from the user of the fixture and the room or compartment in which the fixture is placed;

(125)     “Window” means an opening to the outside other than a door, which provides all or part of the required natural light or ventilation or both to an interior space and not used as a means of egress or ingress;

(126)    words and expressions used and not defined in these Rules unless the context otherwise requires shall have the meaning as defined in the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972), Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) in the cases of municipalities and town panchayats, the concerned Municipal Corporation Act in the cases of Municipal Corporation and the Tamil Nadu Panchayat Act 1994 (Tamil Nadu Act 21 of 1994) in the cases of Village Panchayats.

Rule - 3. Applicability of these Rule.

(1)     Except hereinafter or otherwise provided, these Rules shall apply to all development and construction including,—

(i)       all developments, redevelopments, erection or re-erection, design, construction or reconstruction and additions and alterations to a building;

(ii)      part Construction where the whole or part of a building is demolished or altered or reconstructed, except where otherwise specifically stipulated, these Rules shall apply only to the extent of the work involved;

(iii)     change of use or Occupancy where use of a building is changed, except where otherwise specifically stipulated, these Rules shall apply to all parts of the building affected by the change;

(iv)    reconstruction where the reconstruction in whole or part of a building which has ceased to exist due to fire, natural collapse or demolition having been declared unsafe, or which is likely to be demolished by or under an order of the Authority as the case may be and for which the necessary certificate has been given by the Authority shall be allowed subject to these Rules.

(2)     Nothing in these Rules shall require the removal, alteration or abandonment or prevent continuance of the lawfully established use or occupancy of any existing approved building.

Rule - 4. Written Permission for development.

(1)     Subject to section 47 and 58 of the Tamil Nadu Town and Country Planning Act 1971 (Tamil Nadu Act 35 0f 1972) no person shall carry out any development or construction of building or structure, subdivision, layout, reconstitution or amalgamation of land or change of use of land or building without the written permission of the aompetent authority.

Explanation.— Such written permission shall include an electronic version issued with the digital signature of the competent authority.

(2)     Any site approval or Permission for any development/ construction under these rules shall not absolve the applicant of his responsibilities to get clearance or permission under other Acts and Rules, if so required.

Rule - 5. Competent Authority.

(1)     The competent authority for issue of planning permission in Chennai Metropolitan Area is, the Chennai Metropolitan Development Authority or a Local Authority concerned to whom the Chennai Metropolitan Development Authority has delegated the powers for issue of Planning Permission.

(2)     The competent authority for issue of Planning Permission in the rest of the State is, the Appropriate Planning Authority delegated by the Director or any other Officer to whom the power is vested with to carry out certain activities like receiving application and to issue permission as prescribed in various provisions of these Rules.

(3)     The aompetent authority for issue of building permit is the Executive Authority of Local Body or any Agency or person to whom the powers to implement these rules have been delegated by the Executive Authority.

PART – II Manner of Obtaining Permission

Rule - 6. Application for Planning Permission and Building Permit.

(1)     For the purpose of obtaining planning permission or building permit, the applicant who should be the owner of the land or leaseholder or power of attorney holder who has right over the land to develop, shall submit an application on-line in the prescribed Form to the competent authority.

(2)     The following operational constructions and installations of Government, whether temporary or permanent, which are essential for the operation, maintenance, development or execution of any of the following services are exempted from applying under these Rules;-

(i)       Railways;

(ii)      National Highways;

(iii)     National Waterways;

(iv)    Major ports;

(v)      Airways and Aerodromes;

(vi)    Posts & Telegraphs, Telephone, Wireless, Broadcasting and other like forms of communications;

(vii)   Regional grid for Electricity;

(viii)  Defence;

(ix)    Metro Rail and

(x)      Minor ports;

(3)     The departmentsor agencies specified in sub-rule (2), which are exempted from seeking approval, shall send in advance to the competent authority the details of the development they intend to carry out for information and records of the competent authority and local body.

(4)     When any department of the State government or the Central government other than those specified in sub-rule (2), intends to carry out development of any land or building, the officer in charge of the same shall apply in writing in the Form with necessary documents and plan to the competent authority and obtain clearance for the intended development complying with these rules.

(5)     Government departments are exempted from the payment of scrutiny fee or any other fee or charge.

(6)     The plan submitted under sub-rule (4) shall be prepared by a qualified architect or engineer and structural aspects of the design shall be certified by a qualified structural engineer.

(7)     An application in Form - A in Annexure - I accompanied by proof of ownership, plans, specifications, etc., mentioned therein shall be submitted to the competent authority in case of subdivision or layout or reconstitution or amalgamation of land for building purposes.

(8)     An application in Form - B in Annexure - II accompanied by proof of ownership, detailed plans, specifications, site plan, key plan and topo plan showing existing developments to a radius of 100 metres drawn to a scale of 1:500 and such other details as may be required from time to time shall be submitted to the competent authority, in the case of development of land and buildings, change of land and building use and in the case of site approval.

(9)     An undertaking in Form - C in Annexure -III by the registered professionals to the competent authority in the case of developments such as Non High Rise Buildings and High Rise Buildings and other developments as may be decided by the competent authority.

(10)   The competent authority may seek any additional particulars as deemed fit for processing the application.

(11)   The applicant may address the competent authority for clarification before filing an application and such clarification shall be issued within 2 months from the date of receipt of application seeking such clarification.

Rule - 7. Scrutiny fees.

(1)     Scrutiny Fee means a fee for scrutinizing the applications, collected from the applicant along with the plan or revised plan or modified plan submitted by the applicant.

(2)     Every application for planning permission shall be accompanied by a scrutiny fee as calculated in the following manner:

(i)       (a) Plans submitted along with planning permission applications per sq.m. of floor area of the building Rs.2.00

(b) Ist revised plan per sq.m. of floor area of the building Rs.1.00

(c) 2nd revised plan per sq.m. of floor area of the building Rs.0.40

(d) 3rd revised plan per sq.m. of floor area of the building Rs.0.20

(e) Subsequent revised plans Nil

(ii)      Layouts/subdivisions, reconstitutions per sq.m. of land area Rs. 0.75

(iii)     Re-classifications (lump sum) Rs.30,000 (for CMA) Rs.20,000 (for other areas)

(3)     In case of layouts or subdivisions or site approval applications, the rates of scrutiny fee shall be prescribed and notified by the Government from time to time

(4)     The Executive Authority of the Local Body may, for scrutinising the applications for Building Permit shall collect scrutiny fee from the applicants, along with the plan or revised plan or modified plan submitted by the applicant, at the rates as may be prescribed and notified by the Government from time to time

(5)     Scrutiny fee shall not be collected for Residential Projects where the size of dwelling units for Economically Weaker Section does not exceed 40 sq.m in plinth area each

(6)     In the case of reclassification the cost of publication of reclassification in Newspapers and Govt. gazette. (if the actual cost exceeds the said amount, the excess amount is also payable by the applicant)

(7)     Any other charges as levied by the competent authority from time to time.

Rule - 8. Plan Requirements.

(1)     The applications for planning permit or Building permit shall be accompanied as prescribed below:-

(i)       Key plan - drawn to a scale of not less than 1 in 10,000 showing the details of the boundary, location of the site with respect to neighbourhood landmarks, and existing network of roads or streets; the minimum dimension of the key plan shall be not less than 10 cm.

(ii)      Topo Plan - drawn to a scale of not less than 1 in 5000 showing the details of the following, which lie within a radius of 500 m:-

(a)      the boundary location of the site with respect to neighbourhood land marks,

(b)      existing network of roads or streets with details of its widths,

(c)      proximity to stone quarries, stone crushers, water bodies, Airport, Aerodrome, Air Force Station, cremation or burial grounds, railway tracks, and reserved forests indicating its distance from the site clearly; and

(d)      such other particulars as may be prescribed by the competent authority.

(iii)     Site plan - drawn to a scale of not less than 1 in 500 for a site upto one hectare, and not less than 1 in 1000 for a site more than one hectare and shall show, —

(a)      the boundaries of the site;

(b)      the position of the site in relation to neighbouring street;

(c)      the extent and dimensions of the site affected by any street alignment or road widening or proposed new road or missing link as per the approved Master Plan or Detailed Development Plan or as notified by the Local body;

(d)      the name of the streets in which the building is proposed to be situated, if any;

(e)      all existing buildings standing on, over or under the site including service lines;

(f)       the position of the building and of all other buildings if any which the applicant intends to erect upon his site in relation to,—

(1)     the boundaries of the site and in case where the site has been partitioned, the boundaries of the portion owned by the applicant and also of the portions owned by others.

(2)     all adjacent street, buildings with number of storied and height and premises within a distance of 15m of the site and of the contiguous land if any referred to in item (a) ; and

(3)     if there is no street within a distance of 15m of the site, the nearest existing street.

(g)      if the site is an unauthorised subdivision, then the details of the residuary plots or subdivisions including the details of the buildings or structures thereon;

(h)     the means of access from the street to the building, and to all other buildings, (if any) which the applicant intends to erect upon the site.

(i)       space to be left about the building to secure a free circulation of air, admission of light and access during emergency;

(j)       vehicle parking arrangements;

(k)      the width of the street if any in front and of the street if any at the side or rear of the building;

(l)       the direction of north point relative to the plan of the buildings;

(m)    any physical features, such as wells, drains, etc;

(n)     alignments of the Low Tension or High Tension electric over head power lines or such underground cables if it lie within the site or within a distance of 10m. from the site, and the spatial location from the same to the building existing or proposed;

(o)      rain water harvesting provisions as specified by the competent authority within the plot;

(p)      provisions for water supply and sewage disposal system wherever required by the competent authority; and

(q)      such other particulars as may be prescribed by the competent authority.

(iv)    Building plan with details of section, elevation etc. drawn to a scale of 1:100; the plans and details shall,—

(a)      include floor plans of all floors together with the covered area clearly indicating the size and spacing of all framing members and sizes of rooms and the position of stair cases, ramps and lift wells;

(b)      show the use or occupancy of all parts of the buildings;

(c)      show exact location of essential services (for example WC, bath and the like);

(d)      show plans, elevations & sections of Private Water Supply and disposal system;

(e)      include at least one elevation from the front showing the height of the building and rooms and also the height of parapet;

(f)       include at least one section through the stair case;

(g)      show all structures existing or proposed to be constructed within the site;

(h)     include the structural arrangements with appropriate sections showing type/ arrangement of footings, foundations, basement walls, structural load bearing walls, columns and beams, and shear walls and arrangement/spacing of framing members, floor slabs and roof slabs with the material used for the same including detailed structural drawing showing reinforcement details;

(i)       show all street elevations;

(j)       give dimensions of the projected portions beyond the permissible building line;

(k)      include terrace plan indicating the drainage and the slope of the roofs;

(l)       vehicle parking arrangements within buildings;and

(m)    give indications of the north point relative to the plan.

Note: The requirement of 1:100 is permitted to be flexible for specific details needed for further illustration; and also for drawings for these in digital form.

(2)     In case of subdivision or layout or reconstitution or amalgamation of land for building purposes, the application shall be accompanied by the subdivision or layout or reconstitution or amalgamation plan which shall be drawn to a scale of not less than 1:500 containing the following:—

(a)      scale used and north point;

(b)      the location of all the proposed and existing roads within the land including details of the extent and dimensions of the site affected by any street alignment or road widening or proposed new road or missing link as per the approved Master Plan or Detailed Development Plan or as notified by the Local body;

(c)      alignments of the Low Tension or High Tension electric over head power lines or such underground cables, Solid waste dumping yards, Oil /Gas Pipe lines, CRZ line if it lie within the site or within a distance of 10m. from the site;

(d)      dimension of plot along with building lines showing the setbacks with dimensions within each plot;

(e)      the location of existing drains, sewers, public facilities and services and electrical lines etc;

(f)       a statement indicating the total area of the site, area utilised under roads, parks and playground, shops and other commercial spaces, schools, public purpose sites etc. along with the percentage;

(g)      in case of plots which are subdivided with built up area, in addition to the above, the details on the means of access to the subdivisions from existing streets;

(h)     if the site is an unauthorised subdivision, then the details of the residuary plots or subdivisions including the details of the buildings or structures thereon; and.

(i)       such other particulars as may be prescribed by the executive authority of the local body.

(3)     For all High Rise buildings in addition to items specified in sub-rule (1), the following additional information shall be furnished or indicated in the building plan:—

(a)      access to fire appliances or vehicles with details of vehicular turning circles and clear motorable access way around the building;

(b)      size (width) of main and alternative stair cases along with balcony approach, corridor, ventilated lobby approach;

(c)      location and details of lift enclosures;

(d)      location and size of fire lift;

(e)      smoke stop lobby, door, where provided;

(f)       refuse chutes, refuse chamber, service duct etc;

(g)      refuge area, if any;

(h)     details of building services – air conditioning system with position of fire dampers and mechanical ventilation system, electrical services, boilers, gas pipes etc;

(i)       details of exits including provision of ramps etc., for hospital and special risks;

(j)       location of generator, transformer and switch gear rooms;

(k)      smoke exhauster system, if any;

(l)       details of fire alarm system net work;

(m)    location of centralised control connecting all fire alarm systems, built-in fire protection arrangements and public address system etc;

(n)     location and dimensions of static water storage tank and pump room along with fire service inlets for mobile pump and water storage and tank;

(o)      location and details of fixed fire protection installation, such as sprinklers wet risers, hose-reels, drenchers, etc;

(p)      location and details of first aid fire fighting equipments or installations.

(4)     In case of Industrial Developments, the following additional information shall be furnished or indicated in the building plan:-

(a)      Details of the machines for manufacturing or production involved both existing and proposed;

(b)      Details of the number of workers both existing and proposed;

(c)      Detailed report on the raw materials used, process and machineries involved, effluent discharge methods proposed, product manufactured, power required (i.e. Low Tension or High Tension), action taken to alleviate or minimize its negative impact, if any, or the environment, etc.

(5)     Apart from the owner, the professionals to be involved, for different types of developments, in the preparation of plans and designs, supervision, quality control and ensuring completion as per the approved plan, shall be as prescribed below:—

(a)      Non High Rise buildings with height upto 12m. Registered Architect (RA) or Registered Engineer (RE)

(b)      Non High Rise buildings with height more than 12.0m upto 18.30m Industrial Developments and Institutional Developments other than High Rise Buildings Registered Developer (RD),

Registered Architect (RA) or Registered Engineer (RE), Registered Structural Engineer (RSE), and

Registered Construction Engineer (RCE),

Registered Geotechnical Engineer

(c)      High Rise Buildings Registered Developer (RD),

Registered Architect (RA) or Registered Engineer (RE), Registered Structural Engineer (RSE),

Registered Geo-Technical Engineer (RGE), Registered Construction Engineer (RCE), and Registered Quality Auditor (RQA)

(d)      Sub divisions

Registered Architect (RA) or Registered Engineer (RE) or Registered Town Planner (RTP)

(e)      Layout Developments Registered Developers (RD), and

Registered Architect (RA) or Registered Engineer (RE) or Registered Town Planner (RTP)

Rule - 9. Inspection.

(1)     General Requirements.

(a)      Generally all development works for which permission is required shall be subject to inspection by the competent authority or an official nominated by the competent authority, as deemed fit, before issue of permission and also during construction.

(b)      The competent authority may cause inspection for such developments where its risk assessment deems it fit for inspection. In all cases inspection shall be carried out by professionals to be empanelled by the competent authorities. The qualifications and other conditions for empanelment of professionals for carrying out inspection shall be prescribed by the Government from time to time.

(c)      A single joint site inspection shall be carried out by all the concerned authorities for issue of planning permit or building permit or completion certificate)

(d)      The applicant shall permit authorized officers of the competent authority to enter the site at any reasonable time for inspection for the purpose of enforcing these rules.

(e)      The applicant shall keep a copy of the approved plan at the premises where the development is permitted to be carried out.

(f)       Before commencement of the building work at site for which building permission has been granted, the owner shall within the validity period of Building Permission give notice to the Authority, of his intention to start the work at the building site in Form 2 in Annexure - XIV.

(2)     During Progress of Construction.—Minimum Stages for recording progress, checking and issuing continuance certificate (For non High Rise Buildings above 12.0 m in height)

(i)       Plinth,

(ii)      Last storey.

(b) At each of the above stages, the owner or developer through the Registered Architect or Registered Engineer shall submit to the designated officer of the competent authority a progress certificate inForm 3 and 4 in Annexure - XIV and the structural Inspection Report inForm 9 in Annexure - XIV. This progress certificate shall be signed also by the Registered Architect or Registered Engineer on record, Construction Engineer on record and structural engineer on record. The Structural Inspection Report shall be signed by the Registered Structural Engineer on record.

(c) On receipt of the progress certificate from the owner or registered developer, through the Registered Architector Registered Engineer it shall be the duty of the competent authority, to check any deviation from the approved plan and convey decision within 15 working days to the owner or developer for compliance.

Rule - 10. Sanction.

(1)     Applications for permission shall be accompanied by self certification of the required documents and an undertaking in the prescribed format to be furnished by the competent authority.

(2)     If the Plan and information furnished by the applicant do not provide all the particulars necessary to process the application satisfactorily, the competent authority may within 15 days from the date of receipt of Plans or Applications require the production of such further particulars and details as it deems necessary.

(3)     If the plan and the information furnished by the applicant are found to satisfy the requirements of these rules, —

(i)       the written permission shall be issued by the competent authority within 45 days after the receipt of the plan and all other requirements; and

(ii)      while granting permission, the competent authority may impose such restrictions and conditions, which may be necessary under these rules.

(4)     In cases where the application for construction of the building is not in accordance with any of the Acts or these rules, or where the applicant fails to furnish the additional particulars called for, the competent authority may reject the application or refuse permission for reasons to be recorded in writing, and furnish a copy of the same to the applicant.

(5)     No building permission is necessary for the following alterations, which do not otherwise violate any provisions regarding general building requirements, structural stability and fire safety requirements of this Rule;

(a)      plastering and patch repairs;

(b)      re-roofing or renewals of roof including roof of intermediate floors at the same height;

(c)      flooring and re-flooring;

(d)      opening and closing of windows, ventilators and doors not opening towards other's properties and / or public road or property;

(e)      replacing fallen bricks/stones

(f)       construction or re-construction of sunshade not more than 75cms. in width within one's land and not overhanging over a public street;

(g)      construction or re-construction of parapet not more than 1.5 m. in height and also construction or re-construction of boundary wall not exceeding 2 m

(h)     transparent-washing, painting, etc. including erection of false ceiling in any floor at the permissible clear height provided the false ceiling in no way can be put to use as a loft etc.

(6)     a copy of the approved site plan and building plans shall be kept at the site at all times when building operations are in progress and such plans shall be made available at all reasonable times for the inspection of the competent authority.

(7)     the details of the development for which planning permission issued, date of expiry of permit, mentioning site address, survey number, Block number, Village Name, door number, street name, locality, name of owner and name of Registered Architect or Engineer on record , Registered Developer on record, Registered Structural Engineer on record, Registered Construction Engineer on record. shall be displayed in the format prescribed by the competent authority on a board of size of atleast 60cm. x 120cm.

(8)     nothing shall prohibit the filing of amendments to an application or plan or other record accompanying the same at any time before the completion of the work for which a permit was granted. However, construction in deviation to the approved plan shall not be proceeded till the revised plan is approved. Further, this provision shall not entitle any person to make any deviation in contravention of the Act and these rules.

(9)     (a) Approval of drawings and acceptance of any statement, documents, structural report, structural drawings, progress certificate or building completion certificate shall not discharge the Registered Engineer on Record, the Registered Architect on Record, Registered Construction Engineer on Record, Registered Structural Engineer on Record, Registered Developer and Owner from the responsibilities imposed under the Act, these rules and the laws of tort and local Acts.

(b) The landowner or lessee or power of attorney holder or developer who makes the development, the Registered Architect or Engineer on Record, and the Registered Construction Engineer on Record, shall be jointly and severally held responsible if any unauthorized construction, addition and alternation are done without prior permission of the competent authority.

Rule - 11. Limitations of Permission.

The permission granted by the competent authority shall not mean responsibility or clearance of the following aspects,—

(a)      Title or ownership of the site or building.

(b)      Easement Rights.

(c)      Structural Reports, Structural Drawings and structural aspects. The Registered Architect or Registered Engineer and Structural Engineer on record as the case may be, shall be responsible for defects in the design.

(d)      Workmanship, soundness of structure and materials used.

(e)      Quality of building services and amenities in the construction of building

(f)       Other requirements or licenses or clearances required for the site or premises or activity under various other laws.

Rule - 12. Demolition of buildings.

(a)      If any person intends to demolish a building either in whole or in part, he shall submit an application to the executive authority of local body or agency or person to whom this power has been delegated by the executive authority for permission to execute the work, along with a demolition deed executed by him.

(b)      The executive authority of local body or agency or person to whom this power has been delegated by the executive authority shall grant permission to execute the work subject to such condition as he may deem necessary for ensuring the health, safety of the people living within or near the building.

(c)      The executive authority of local body or agency or person to whom this power has been delegated by the executive authority shall collect a demolition charges as specified by the competent authority. and that he will abide by the rules and other conditions if any, stipulated for demolition of such buildings.

Rule - 13. Cancellation of Permit.

The planning permission or building permit if secured by any person by any misrepresentation or by production of false documents, such planning permision or building Permit will be cancelled after issuing a show cause notice.

Rule - 14. Renewal of Permit.

(1)     planning permision or building permit granted under these rules shall be valid for five years from the date of issue and the construction shall be completed within the same. However the competent authority may on application made before the expiry date, extend the planning permission or building permit period as the case may be only once for another 3 years.

(2)     For such permit renewals, fees at the rates as may be prescribed by the competent authority shall be paid by the applicant.

PART III CONFORMITY OF DEVELOPMENTS

Rule - 15. The Developments to be in conformity with these Rules.

(1)     No developments shall be in contravention of these Rules.

(2)     No land, premises or building shall be developed, constructed, altered, reconstructed, subdivided, amalgamated, reconstituted, laid-out, changed or put to use which is not in conformity with the provisions of these rules.

(3)     In the case of an area comprised in a Detailed Development Plan approved under the Tamil Nadu Town and Country Planning Act, 1971 (Tamil Nadu Act 35 of 1972) the Developments therein shall be in conformity with that Detailed Development Plan: Provided that where for a road, street alignment is not prescribed in Detailed Development Plan, but it is prescribed in the Master Plan, then street alignment in Master Plan shall apply. Provided further that in cases where an area is declared as Continuous Building Area either in Master Plan or in Detailed Development Plan, the area shall be taken as Continuous Building Area and developments therein shall be regulated accordingly. However, Continuous Building Area parameters shall not apply to plots in approved layout areas unless specifically earmarked for continuous building developments.

(4)     All detailed Town Planning Schemes sanctioned under the Town Planning Act 1920 (Tamil Nadu Act VII of 1920) shall stand superseded by the Master Plan or Detailed Development Plan approved for that area. All developments therein shall be regulated with reference to the land use classification indicated in the Master Plan or Detailed Development Plan for that area and development regulations.

Rule - 16. Designation of use in Master Plan or Detailed Development Plan.

(1)     Where use of a site or premises is specifically designated not broad land use zoning in the Detailed Development Plan or Master Plan, it shall be used only for the specific purpose so designated, unless the land use of the site is varied as provided in the Act.

(2)     Where the use of the site or premises is not specifically designated in the Detailed Development Plan or Master Plan, it shall be used for the uses or activities permissible in the land use zone in which the site or premises falls as per the Detailed Development Plan or Master Plan.

Provided that a non-conforming use (i.e). an use which are not permissible under these rules, shall not be extended or enlarged at the site.

Explanation.— Improvements to building or machinery intended to make the operations more economical, cleaner, less noisy and to provide amenities to workers which do not add to the manufacturing capacity as may be specially approved by the Authority shall not be deemed to be extension or enlargement:

Provided that it will be open to the authority to order at any time the discontinuance or continuance subject to such restrictions and conditions as may be imposed by on an existing use, which is non-conforming.

(3)     Where for an area both Master Plan and Detailed Development Plan are sanctioned, the designated use shall be as shown in the latest development Plan.

(4)     Where for an area, a Detailed Development Plan has been prepared and the consent of the Government has been given under Section-26 of the Act, the provisions of that Detailed Development Plan shall apply.

(5)     Where for an area, a detailed lay-out plan for land development has been prepared and approved by the Authority or such other executive authority of local body or Agency or person to whom or which the power has been delegated by the Authority, the land use shown on such Lay-out Plan shall be applicable and the developments in the area shall be regulated according to these regulations:

Provided that if the layout plan was approved prior to 5.8.1975 in case of Chennai Metropolitan Area and prior to the date on which the publication of notification of Master Plan in the Tamil Nadu Government Gazette for rest of the State, the higher order land use zoning of Master Plan or Detailed Development Plan shall be applicable for the plot.

Provided further that if land use is varied under section 32 sub-section (4) of the Act, subsequent to approval of the Master Plan, Detailed Development Plan or the layout as the case may be then the reclassified land use is applicable for such land.

(6)     In areas designated for Primary Residential and / or Mixed Residential Use zone in the Master Plan or Detailed Development Plan. Sites abutting and gaining access from roads of width 18m. and above are deemed to have been zoned for Commercial use zone.

(7)     In addition to the areas declared as ‘Economically Weaker Section’ areas in the Master Plan or Detailed Development Plan all areas set apart for Housing of Economically Weaker Section in the sanctioned Schemes by Tamil Nadu Housing Board and areas declared as Slums by Tamil Nadu Slum Clearance Board, slums improved by Tamil Nadu Slum Clearance Board under Slum Improvement Scheme projects and also the Economically Weaker Section plots in the approved layouts are deemed to have been declared as ‘Economically Weaker Section’ areas.

(8)     When a site falls in different land use zones, then developments in that site shall be made with reference to its conformity in each of the land use zones the site comprises.

(9)     Where more than one activity is existing or proposed in a building or a site, the space regulations that govern the development shall be based on the dominant activity in that building or site decided on the basis of the percentage of floor area used;

(10)   Where more than one type of development such as High rise building, Non High rise building. is existing or proposed in a site, —

(a)      the setback shall be regulated with reference to the individual type of development,

(b)      the height of building, abutting road width shall be regulated with reference to the highest order of development existing or proposed

(c)      the Floor Space Index, coverage etc. shall be regulated with reference to the dominant type of development on the basis of floor area within the site.

Rule - 17. Correlation of land use zones in Master Plan, Detailed Development Plan and Development Rules:

Rule - 18. Proposed width of roads.

(1)     Proposed right of way for all major roads together with setback lines for them shall be in accordance with the approved master plan or Detailed Development Plan in that area.

(2)     Competent Authority may notify street alignment (with proposed road width) in areas without Master Plan or Detailed development Plan.

(3)     Notwithstanding anything contained in the Master Plan or Detailed Development Plan or in these Rules, with the prior approval of the Council, the executive authorities of the local bodies may under the Act provisions prescribe street alignments (with proposed road widths) higher than those given in the Master Plan or Detailed Development Plan or any other statutory plan and implement the same.

Rule - 19. Development prohibited or restricted areas.

The regulations for Development prohibited or restricted areas are furnished in Annexure - XVII. The Government may notify modifications to these regulations from time to time and such modifications shall prevail.

PART IV COMPLETION CERTIFICATE

Rule - 20. Application for Completion Certificate.

(1)     For all buildings except residential building upto 12m in height not exceeding 3 dwelling units or 750 sq.m and all type of Industrial buildings, the Applicant or Owner or Power of Attorney Holder or Registered Developer and any other Person who is acquiring interest shall submit a completion report in Form 5 along with Form 6, 7 and 8 in Annexure - XIV, to obtain Completion Certificate, certifying that the building has been completed as per the approved plan, from the competent authority that has issued Planning Permit before getting service connections such as electric power connection, water supply sewerage connection. These service connections shall be given by the service provider to these buildings only after the production of the Completion Certificate.

(2)     The owner or developer shall submit an application to the competent authority in the first stage after completion of work upto plinth level requesting for issue of order for continuance of work.

(3)     The owner or developer through the registered professional shall submit to the designated officer of the competent authority a progress certificate in the given format at the stage of Plinth and last storey level along with structural inspection report as provided for under sub-rule (2) of rule 9 of these rules.

(4)     On receipt of the progress certificate from the owner or registered developer through the registered professional, the competent authority shall check for any deviation from the approved plan and convey decision within 7 working days to the owner or developer for compliance.

(5)     If the order of continuance is not issued within 15 days of receipt of the respective application, it will be taken as deemed to be issued and the owner or developer may proceed with the construction without any deviation to the approved plan.

(6)     The owner or Power of Attorney holder or registered developer or any other person who has acquired interest shall submit application in complete shape for issue of completion certificate according to the norms prescribed in Annexure - XXIII to these Rules.

(7)     The competent authority may on its own or through a subordinate official or a qualified professional inspect or cause to be inspected the work atleast the two stages of construction viz, plinth level and completion of construction and such inspection shall include confirmation that,—

(a)      the work was executed and the building was completed as per the approved plan as stated in these rules along with the norms prescribed for issuing the completion certificate;

(b)      it shall be obligatory on the part of the applicant to confirm that certificate of Lift Inspector has been obtained regarding satisfactory erection of lift; and

(c)      it shall also be obligatory on the part of the applicant to confirm the certificate to the Directorate of Fire & Rescue Services for completion of fire safety requirements as applicable for the type of building has also been obtained.

(8)     If any project consists of more than one detached or semi detached building or buildings in a building unit and any building or buildings thereof is completed as per approved plan (such as parking, internal roads, height of the building, infrastructure facilities, lift and fire safety measures), the competent authority may issue completion certificate for such detached or semidetached building or buildings in a building unit.

(9)     The completion certificate shall not be issued unless the information is supplied by the owner, developer, the registered professionals concerned in the schedule as prescribed by the competent authority from time to time.

(10)   The competent authority shall within 30 days from the date of receipt of application for completion report inform, communicate its decision after necessary inspection about grant of completion certificate.

(11)   Connection to the sewer or water mains or electricity:

(a)      Temporary connection for water, electricity or sewer, permitted for the purpose of facilitating the construction, shall not be allowed to continue in the premises after completion of the building construction.

(b)      No connection to the water mains or sewer line or electricity distribution line with a building shall be made without the prior permission of the authority and without obtaining completion certificate.

(c)      In case the use is changed or unauthorised construction is made, the authority is authorised to discontinue such services or cause discontinuance of such service.

Rule - 21. Illegal Occupation of Building.

(1)     Executive Authority may by written notice, order any building or any portion thereof to be vacated forthwith or within the time specified in such notice;—

(a)      if such building or portion thereof has been unlawfully occupied in contravention of these Rules

(b)      if a notice has been issued in respect of such building or part thereof requiring the alteration of restriction of any works specified in such notice have not been commenced or completed.

(c)      if the building or part thereof is in a ruinous or dangerous condition, which are likely to fall and cause damage to any person occupying, resorting to or passing by such building or structures or any other structure or place in the neighbourhood thereof.

(2)     The reasons for requiring such building or portion thereof to be vacated should be clearly specified in every such notice.

(3)     The affixing of such written notice or any part of such premises shall be deemed to be a sufficient intimation to the occupiers of such building or portion thereof.

(4)     On issue of such notice, every person in occupation of the building or portion thereof to which the notice relates shall vacate the building or portion as directed in the notice and no person shall so long as the notice is withdrawn, enter the building or portion thereof, except for the purpose of carrying out any work of reinstatement which he may lawfully permitted to carry out.

(5)     The competent authority may direct that any person who acts in contravention of above provision or who obstructs him in any action taken under these rules shall be removed from such building or part thereof by any police officer, and may also use such force as is reasonably necessary to effect entry in the said premises.

(6)     The cost of any measures taken under this provision shall be recovered from the owners or occupants.

Rule - 22. Illegal Developments.

If any construction or development is carried out illegally or in deviation to the plan approved, the competent authority shall take action against the constructions or developments as provided in the Act and in these rules.

PART V REGISTRATION OF PROFESSIONALS

Rule - 23. Registration of Architects (RA), Engineers (RE), Structural Engineers (SE), Construction Engineers (CE), Quality Auditors (QA), Town Planners (TP) and Developers (D), and their Duties and Responsibilities.

(1)     Registration.

(a)      The competent authority shall register Architects (RA), Engineers (RE), Structural Engineers (RSE), Construction Engineers (RCE), Quality Auditors (RQA), Town Planners (RTP) and Developers (RD). Application for registration shall be submitted by these professionals to the competent authority or Block Development Officer in case of Village Panchayat,

(b)      On receipt of such application, and after satisfying the educational qualifications and experience in the field, and the certificate of the screening committee to be constituted by the Chennai Corporation, Commissioner of Municipal Administration, Directorate of Rural Development as the case may be, the competent authority may register on payment of registration fee of five thousand rupees and subject to such other conditions as he may thinks fit.

(c)      Registration shall be valid for a period of five years and shall be renewable.

(d)      The competent authority shall cause to maintain a register of licensed professionals stated above. The list of names shall be updated every year and the updated list shall be placed before the council every year for information.

(e)      Where any registered professional makes any misrepresentation or commits any fraud in certifying the plan and other documents submitted under these rules, the competent authority may suspend or cancel the registration of such professional done under these rules and notify the same in their official website.

Provided that no registration shall be cancelled unless the person concerned is given an opportunity to make a representation in writing.

(f)       On cancellation of such registration by the competent authority under sub-rule (e) above, the name of such registered professional shall be deleted from the register maintained by him and a report in this regard shall also be placed before the council for information.

(g)      The registration, qualification and duties of professionals shall confirm to the rules given in the Annexure - XIII.

(2)     Duties and Responsibilities - General duties and responsibilities applicable to all Professionals.

(a)      They shall study and be conversant with the provisions of the Local Acts, Rules and Regulations and standing orders approved by the competent authority.

(b)      They shall inform the competent authority of their employment or assignment or resignation for any work within 7 days of such employment or assignment or resignation.

(c)      They shall prepare and submit all plans, documents and other details they are required to do so in a neat, clean and legible manner and the papers properly arranged.

(d)      They shall submit plans documents and details without any scratches or corrections. Site conditions shall be correctly shown.

(e)      They shall personally comply with all queries or requisitions received from the competent authority in connection with the work under their charge promptly, expeditiously and fully at one time. When they do not agree or cannot comply with the requisition or query, they shall state their objection in writing within the time as may be stipulated so that, the competent authority can decide on its merit in the matter.

(f)       Any corrections or changes made in the plan or additional documents and details by the professionals to the competent authority shall be in consultation with the owners or developer and shall be with their acceptance or agreement.

(g)      They shall clearly indicate on every plan, document or forms in which they sign the details of their designation such as Registered Architect. Registered Engineer, Registered Structural Engineer etc., with registration number and their, full name and address below the signature for identification.

(h)     They shall not accept the employment for preparation and submission of plans, documents and supervision of any work if the same is intended or being proposed to be executed or already executed in contravention of provisions of the Act or the Rules including these rules.

(i)       The registered person shall provide the information and undertaking for the work undertaken by him in the forms prescribed by the competent authority.

(j)       The Owner or Developer shall compulsorily appoint a Construction Engineer for over all constant supervision of construction work on site and such person appointed shall not be allowed to supervise more than one such site at a time.

(k)      The Registered Architect or Registered Engineer and the structural engineer shall be responsible for adhering to the provisions of the relevant and prevailing Indian Standard Specifications including the National Building Code. However they will not be held responsible for the severe damage or collapse that may occur under any natural force going beyond their design courses provided in the above said Standards or National Building Code.

(l)       The Registered Architect or Engineer is solely responsible for obtaining the certificate required under this rule from the registered professionals.

(m)    In the event of any deviations the Registered Architect or Engineer is the solely responsible to bring it to the notice of the competent authority.

Note: Specific additional Duties and Responsibilities of the professionals and the owner or developer are stated in the Annexure - XIII.

Rule - 24. Appointment of Professionals.

(1)     The owner or registered developer shall appoint Registered Architect (AR), Registered Engineer (ER), Registered Structural Engineer (SER), Registered Geo Technical Engineer on record (GER), Registered Construction Engineer (CER), Registered Town Planner (TPR) and Registered Quality Auditor (QAR) as required. A proper written agreement(s), in a standard format(s), should be entered upon with such professional(s) engaged by the owner or developer.

(2)     The owner or registered developer shall submit a list of the appointed registered professionals with the application for Planning Permission or Building Permit to the competent authorities. Consent or undertaking from these professionals is needed in the required format at the time of seeking Planning Permission or Building Permit or change in professionals.

(3)     The owner or registered developer shall not appoint the same professional as Registered Engineer or Registered Structural Engineer or Registered Construction Engineer as Quality Auditor.

Rule - 25. Change of Owner or Developer or Professionals.

(1)     If during the construction of the building the owner or registered developer (RD) or Registered Architect on Record (AR) or Registered Engineer on record (ER) / Registered Structural Engineer on Record (SER) or Registered Geo Technical Engineer on record (GER) or Registered Construction Engineer on Record (CER) or Registered Quality Auditor on Record (QAR) is changed, he shall intimate the competent authority by a registered letter that he was no longer responsible for the project, and the construction shall have to be suspended until the new Owner or Registered Developer or Registered Architect on Record (AR) etc., undertakes the full responsibility for the project as prescribed in these rules and also in the forms.

(2)     A new owner or registered developer (RD) or Registered Architect on Record (AR) or Registered Engineer on Record (ER) or Registered Structural Engineer on Record (SER) or Registered Geo Technical Engineer on record (GER) or Registered Construction Engineer on Record (CER) and Registered Quality Auditor on Record (QAR) shall inform the change to the competent authority, and before taking responsibility as stated above, check as to whether the work already executed is in accordance with the Building Permit granted by the competent authority. He or She may go ahead with the remaining works only after obtaining permission with the competent authority.

Rule - 26. Applicability of other Rules.

(1)     Considering the ecological sensitiveness and need for conservation of the notified hill stations, the Tamil Nadu Hilly Areas Special Building Rules, 1981 and Tamil Nadu District Municipalities (Hill Stations) Building Rules, 1993 shall be in force.

(2)     Considering the specific aspects for the control of construction of building or use of land in the notified area of any Nuclear Installations in the State of Tamil Nadu, Nuclear Installations (Regulation Building and use of Land) Rules, 1990 will be applicable in areas within 4.8 Km from any portion of the boundary of any stretch Nuclear Installations on such date as the Government may by notification appoint.

PART VI DEVELOPMENT REGULATIONS

Rule - 27. Requirement for site approval.

(1)     Location of Building.— Every person, who construct, reconstruct, or alters or add a building shall whenever the site is within 15 meters of any tank, reservoir, water- course, river, fresh water channel or well, carryout such measure as may be necessary or as the executive authority may direct, for the purpose of preventing any contamination of or any risk of the drainage of building passing into, such tank, reservoir, water-course, river, fresh water channel or well such other rules in force.

(2)     Reconstitution Deed.— If a development is proposed in more than one plot or site proposing amalgamation or reconstitution of the individual sites into one site, then Reconstitution Deed in the format and manner prescribed by the executive authority shall be furnished by the applicant,

Rule - 28. Structures in setback spaces.

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 High Rise buildings.—

(i)       Sun-shades not exceeding 0,6m.

(ii)      Motor room of area not exceeding 2 sq.m. each and height not exceeding 1.8m, without affecting parking and driveway requirements.

(iii)     In case of Non High Rise Buildings with height upto 9.0m, open single flight or spiral staircase or open double flight staircase so long as such structure do not fall within 0.50 m from the side boundary or 1m. from the rear or front boundary of the site or street alignment.

(iv)    A compound wall of height not exceeding 2.0m

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

(vi)    Gate pillars without or with arches with a min. headroom clearance of 5.50m available atleast to a width of 3.5m.

(vii)   Meter Rooms for meter boxes or electrical panels along the boundary wall or external walls of the building with the projections not exceeding 0.60 meter 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.

Explanation:- (i) In order to minimize traffic conflicts on to the abutting roads, the number of vehicular entry or exits to site shall be kept minimum and it shall not exceed 2 numbers (i.e. one entry or one exit); provided that an additional gate for every 50 metres frontage may be allowed in large sites where its frontage exceeds 50 metres.

(ii) In the event of the site abutting more than one road one additional gate shall be permitted

Rule - 29. Spaces excluded from FSI and Coverage Computation.

The following shall not be counted towards FSI and plot coverage computation: —

(1)     In the terrace above the top most storey, areas covered by stair-case rooms and lift rooms and passages thereto, architectural features, elevated tanks (provided its height below the tank from the floor does not exceed 1.5 metre) and WC (with floor area not exceeding 10 sq.m)

(2)     Staircase and lift rooms and passage thereto in the stilt parking floor or upper floors used for parking

(3)     Staircase and lift rooms and passage thereto in the basement floor or floors used for parking.

(4)     Area of the basement floor or floors used for parking

(5)     Area of the stilt parking floor provided it is open on sides, and used for parking. In cases where upper floor or floors over a stilt parking floor is proposed for parking.

(6)     Servants or drivers bath room and water closet for each block in cases of Non High Rise Buildings and High Rise Buildings at ground floor or stilt parking floor

(7)     Watchman booth

(8)     caretaker booth or room in ground floor or stilt parking floor

Rule - 30. Area of special character.

(1)     Continuous Building Areas (CBA).— Buildings without side set back are permissible in a plot or site in continuous building areas set apart in the approved Master Plan or Detailed Development Plan or in the other areas as may be declared by the local body as CBA with the approval of the Directorate of Town and Country Planning or Government as the case may be from time to time. However in an approved layout area only in the plots classified for Continuous type of buildings it is permissible.

(2)     Economically weaker section areas (EWS).— Areas declared as slum by Tamil Nadu Slum Clearance Board (TNSCB) are categorised as EWS areas for the purpose of these regulations. In addition it includes the areas developed as EWS plot in the Tamil Nadu Housing Board (TNHB) neighbourhood schemes, Sites and Services schemes, slum improvement schemes and approved layouts. For the purpose of application of these rules the Local body may declare areas as EWS Areas by council resolution and notify from time to time.

(3)     Costal Regulation Zone (CRZ) area.— Developments in these areas shall be regulated with reference to the CRZ classifications and the regulations notified by the Government of India from time to time under section 3 of the Environment (protection) Act, 1986 (Central Act 29 of 1986).

(4)     Conservation zones in the Heritage Towns.— Government may notify Heritage Towns, a list of Heritage precincts there in with metes and bounds and conservation zones around such listed Heritage precincts. Any new construction of building or use of premises in the conservation zones shall conform to the special guidelines relating to height, use etc., prescribed and notified by the Government from time to time.

(5)     Transit Oriented Development areas.— (i) In order to encourage Transit sensitive activities and to allow densifications in any mass rapid transit system in the state, the Govt. may prescribe such regulations, including premium FSI at concession rates as may be necessary from time to time.

(ii) In case of Metro Rail Corridors, Existing and Proposed properties located within a distance of 500m measured from the centre line of the corridor, Premium FSI shall be charged at 50 % of the normal Premium FSI rate.

(6)     Natural hazard prone areas.— (1) Areas likely to have (i) moderate to very high damage risk zone of earth quakes, or (ii) moderate to very high damage by cyclones, or (iii) significant flood flow or inundation, or (iv) land slides proneness or potential, or (v) tsunami proneness, or (vi) one or more of this hazards, have been declared as natural hazard prone areas.

(2) The areas prone to natural hazards will be notified by Governemnt from time to time. Structural design and aspects of building construction in these areas shall take into the account of the special provisions contained in these rules for hazard prone area.

Rule - 31. Boundaries of land use zones.

(1)     The different land use zones are located and bounded as shown in the land use plans.

(2)     Variations: Updated information on variations of Land Use made under sub-rule (4) of section 32 of the Act and published subsequent to approval of the Master Plan or New Town development Plan or Detailed Development Plan.

Rule - 32. Rules to over ride other Rules and Regulations.

In the application of these Rules, if there is conflict between the provisions under these Rules and the requirements under the other rules in time being in force, then provision in the above mentioned Rules shall stand suspended to the extent of conflict with these Rules.

Rule - 33. Zoning Regulations.

The Zoning Regulations shall comprise of Residential use zone, Commercial use zone, Industrial use zone, Special and Hazardous use zone, Institutional use zone, Open Space and Recreational use zone, Urbanisable use zone and Agricultural use zone and the activities permissible in each use zone are provided in Annexure - XVIII.

Rule - 34. Shelter Charges.

(1)     In any development proposed, where the Floor Space Index [FSI] area (build up area) exceeds 4000 sq.mts either the applicant shall provide housing for lower income groups for an extent of 10 % of Floor Space Index area with dwelling units not exceeding 40 sq.mts in carpet area or shelter charges as prescribed in the Tamil Nadu Town and Country Planning Act, 1971(Tamil Nadu Act 35 of 1972). The rate of shelter charges payable shall be 1% of the Guide Line Valve [GLV] of the FSI area exceeding 4000 sq.mts.

(2)     Housing units for Low Income Group (LIG) shall be provided either within the site or in any other site located within the radius of 2 km from the site under reference where the development is now proposed. No conversion or amalgamation shall be permissible in this case of lower income group dwelling.

(3)     The crucial date for levy of shelter charges in respect of Directorate of Town and Country Planning area is the date of issue of technical clearance by the Directorate of Town and Country Planning and in respect of Chennai Metropolitan Area, the same is the date of raising demand for development charges.

Rule - 35. Planning Parameters for Non High Rise Buildings.

(1)     All Buildings not exceeding 18.30m. in height,—

(a)      The minimum road width, FSI, set back etc. for Non High Rise buildings up to 16 dwellings or up to 300 square meters of commercial building shall be regulated according to the table below:

(b)      The minimum road width, FSI, set back etc. for Non High Rise buildings upto 18.30m height and exceeding 16 dwelling units and exceeding 300 square meters of commercial building shall be regulated according to the table below:

Passage

Explanation 1.

(i)       Road width means the road space as defined in Rule 2(103). The qualifying road width for permitting non High Rise buildings with more than 12 m height upto 18.30m shall be available atleast for a prescribed length of 250m in the case of CMA and other Municipal Corporations and 100m for the other areas 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.

(ii)      In the event of the road width being less than the qualifying width in certain portions then the total length of such portions shall not be more than 10% of the prescribed length. In such cases the average road width for the prescribed length shall be equal or above the qualifying width.

(iii)     In the event of the sub-division for qualifying road not being incorporated in the Field Measurement Book sketch, in such cases road width certificate shall be obtained from the concerned Executive Authority.

(iv)    In the event of variation of site extent and dimension of the site between Patta and document the least extent of the site to be considered along with site dimension corresponding to the least extent.

Explanation 2.

(i)       In the event of more than one block on Non High Rise Building in a site, then the distance between one block for building upto 12m in height shall be 3.0m and for buildings more than 12m height up to 18.30m in height shall be 6.0m.

(ii)      In the event of more than one block with varying height in a site, the setback of each block shall be regulated in accordance with the height of the building.

(iii)     The maximum height of the building shall not exceed 18.30 metres provided water tanks, chimneys, Architectural features such as flag masts, gopurams, minarets, steeples and other ornamental structures which are not intended for human habitation may be permitted subject to a ceiling of 30.5 metres from ground level.

(iv)    Where a site abuts more than one road, then the front setback shall be insisted with reference to wider road width and for the remaining side or sides the side setback space or rear setback space shall be insisted as per the above rules provided in the case of CBA minimum set back of 1m.

(v)      In CBA, there shall be atleast 1m wide internal passage from rear to front in ground level or ground floor, directly accessible to road

(vi)    The minimum road width for conference halls and multi storeyed parking lots and Air-conditioned cinema theatres shall be 12m. For Community or Kalyana mandapams or Exhibition Hall shall be 15m. For star hotels and multiplex or Malls shall be 18m.

(vii)   For public buildings such as Kalyana mandapam assembly halls, exhibition halls, hospitals, nursing homes, hotels, lodging houses, cinema theatres, multiplex or malls etc. set back all around shall not be less than 6m.

(viii)  FSI benefit shall be permitted for the land left for OSR, link road, street alignment or road widening wherever it is insisted upon by competent authority.

(ix)    FSI benefit shall not be permitted for the land left for road widening to make the road as qualifying road for the proposed development.

(x)      FSI benefit for the OSR area in the approved sub-division shall be permitted in proportionate to the plot extent.

(2)     Structures permissible in the minimum prescribed set back spaces are given in rule 28.

(3)     The minimum width of corridor shall be as given in rule 42.

(4)     Parking spaces shall be provided within the site conforming to standards prescribed in the Annexure - IV.

(5)     Rainwater harvesting provisions as prescribed in the Annexure - XXII.

(6)     Special regulations for physically disabled provided in the rule 43 shall be adhered to.

(7)     Solar energy capture provisions as prescribed in the regulations given in rule 44 shall be provided where applicable.

(8)     The reservation of land for community recreational purposes such as park or playground required in these regulations shall be as given in the rule 41.

(9)     Internal vehicular access way including passage if any within the site shall a clear width of 7.2 m 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.

(10)   If the building is constructed on stilts and the stilt floor is to be used for parking, it shall not be enclosed, if it is enclosed it shall be counted for FSI.

(11)   Every Non HighRise building development exceeding 900 sq.m 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 rule 46.

(12)   If a Non HighRise building contains more than one use and the allowability of the built space with reference to the abutting road width and exclusive passage width shall be decided based on the number of dwellings for the residential use and equivalent floor area allowable for commercial and other uses.

(13)   Vehicular ramp in setback spaces around a Non High Rise Building may be permitted subject to the condition that the clearance of the proposed ramp from the property boundary or street alignment shall be minimum 1.5 metres and a clear motorable driveway of minimum 3m. in width is available around the building.

(14)   The structures incidental to the main activities such as water closet or pump room, transformer room, transformer yard, electrical room shall not be construed as individual blocks for the purpose of these rules.

(15)   In areas where sewage system provided by the local body concerned is not available

(a)      where number of dwelling units exceeds 50 nos. or 2500 sq.m. of commercial area sewage treatment plant shall be provided and maintained for the disposal of the sewage within the site itself as per the designs approved by such other Technical agencies as Government may empaneled from time to time.

(b)      where number of dwelling units is less than 50 nos. or 2500 sq.m. of commercial area, septic tank with up-flow filters shall be provided and maintained for the disposal of the sewage within the site itself.

(16)   Any construction with roof over it in the terrace floor for A.C. Plant or structures shall be counted, as a floor and categorization of type of building shall be done accordingly.

(17)   In residential or predominantly residential developments with dwelling units exceeding 100 in number, the design should include waste management infrastructure and atleast 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.

(18)   In residential or predominantly residential developments, provision for atleast one, bath room and water closet shall be provided for the use of servants or drivers, for each block not exceeding 25 Dwelling units.

(19)   The space set apart and notified for formation of a new road or road widening or street alignment shall be transferred to the local body through a registered Gift Deed before actual issuance of Building Permit. The exact mode of conveyance of the land shall be consistent with the relevant enactment and regulations. In such cases 'Transfer of Development Rights' (TDR) provisions of the rule 48 shall be applicable.

(20)   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 or 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 the sole responsibility of the Building Permit holder to ensure that the building or structure in the adjoining sites are not weakened or damaged.

(21)   Security Deposit.— The applicant (not being a Government department or agency) shall deposit a sum at the rate of 50% of the infrastructure and amenity charges in force per square metre of floor area as a refundable non-interest earning security and earnest deposit. The deposit shall be refunded on completion of development as per the approved plan as certified by Executive Authority of the Local body; if not, it would be forfeited.

(22)   Display Board.

(a)      The details of the development for which planning permission is issued, shall be displayed in the site in the format as prescribed in Rule 10(7) of these regulations.

(b)      The applicant not being a Government department or agency shall pay a sum of Rs. 10,000/- (Rupees ten thousand only) as earnest money non interest bearing refundable deposit and same should be utilized for the purpose of installing the display board as prescribed in Rule 10(8) on the site by Local body, in the event of the applicant not fulfilling the conditions stated in (a) above.

(c)      If the applicant fulfills the conditions (a) above, the deposit shall be refunded after production of the completion certificate.

(23)   In cases of Hospital Buildings with Ground Floor/Stilt Floor + First Floor and above and floor area exceeding 300 sq.m. in each floor, the special provisions for Hospital Buildings prescribed in Annexure – IX shall be adhered to.

(24)   Affordable Housing.

(a)      Development for affordable housing projects with size of dwelling unit not exceeding 40 sq.m within Chennai Metropolitan Area and dwelling unit with size not exceeding 60 sq.m in the rest of state shall be regulated according to provisions stipulated above.

(b)      Premium FSI charges shall not be collected for the excess FSI area over and above normally permissible FSI area for affordable housing projects.

Rule - 36. Planning Parameters of Industries.

The road width, FSI, Setbacks etc. for cottage industries, Green industries, Orange industries and Red industries shall be regulated according to the table below. The Detailed lists of these industries are given in Annexures V, VI, VII and VIII respectively.

Note:The maximum height of the building shall not exceed 18.30 metres provided water tanks, chimneys, Architectural features such as flag masts, gopurams, minarets, steeples and other ornamental structures which are not intended for human habitation may be permitted subject to a ceiling of 30.5 metres from ground level. In case total height exceeds, 30.50 m from Ground level necessary NOC from Airport Authority of India (AAI) shall be furnished.

Rule - 37. Planning Parameters of Institutional Buildings.

Including nursery schools, Primary schools and religious buildings with floor area exceeding 300 sq.m. Secondary schools, Colleges, Higher Educational, Technical & Research Institutions, Students hostels & Dormitories, Research Institutions, Broadcasting, Telecasting & Telecommunication centers, Government & Quasi Government Offices, and Institutions, Government Archives, Museums, Art galleries and Public libraries, Foreign Missions, Consulates and Embassies.

Note:

(i)       In Continuous Building Area (CBA), there shall be atleast 1m wide internal passage from rear to front in ground level or ground floor, directly accessible to road.

(ii)      In the case of schools, the development shall confirm to the additional safety standards stated in the Annexure - XV.

(iii)     The maximum height of the building shall not exceed 18.30 metres provided water tanks, chimneys, Architectural features such as flag masts, gopurams, minarets, steeples and other ornamental structures which are not intended for human habitation may be permitted subject to a ceiling of 30.5 metres from ground level.

(iv)    In cases of Hospital Buildings with Ground Floor/Stilt Floor + First Floor and above and floor area exceeding 300 sq.m. in each floor, the special provisions for Hospital Buildings prescribed in Annexure – IX shall be adhered to.

Rule - 38. Planning Parameters of Transport Terminals.

Rule - 39. Special rules for High Rise Buildings.

(1)     Areas set apart for High Rise building developments in Chennai Metropolitan Area are given in Annexure - XIX. In rest of the State, High Rise buildings are permissible except in areas specifically declared as prohibited area for construction of High Rise Buildings in the Master Plan or Detailed Development Plan or as may be declared by the local body in other areas with the approval of the Directorate of Town and Country Planning or Government from time to time.

(2)     Road width:- The site shall either abut on a road not less than 18 metres in width or gain access from public road not less than18 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 High Rise building may be permitted with limitations on maximum FSI of the building on a site abutting or gaining access from a public road of min. 12 m or 15 m in width, or gain access from public road not less than 12 m or 15 m in width through an exclusive passage of not less than 12 m or 15 m in width, subject to compliance of the planning parameters according to the table below

(3)     The extent of the site, FSI, Set back etc. for High Rise Buildings shall be regulated according to the table below:

TABLE

Explanation 1.—

(i)       Road width means the road space as defined in clause (103) of rule 2. The qualifying road width for permitting High Rise buildings with more than 18.30m shall be available atleast for a prescribed length of 500m in the case of Chennai Metropolitan Area and other Municipal Corporations and 250m for the other areas 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.

(ii)      In the event of the road width being less than the qualifying width in certain portions then the total length of such portions shall not be more than 10% of the prescribed length. In such cases the average road width for the prescribed length shall be equal or above the qualifying width.

(iii)     In the event of the sub-division for qualifying road not being incorporated in the Field Measurement Book sketch, in such cases road width certificate shall be obtained from the concerned Executive Authority.

(iv)    In the event of extent and dimension of the site between Patta and document the least extent of the site to be considered along with site dimension corresponding to the least extent.

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

Explanation 2.—

(i)       In the event of more than one block with varying height in a site, the setback of each block shall be regulated in accordance with the height of the building.

(ii)      FSI benefit shall be permitted for the land left for OSR, link road, street alignment or road widening wherever it is insisted upon by competent authority.

(iii)     FSI benefit shall not be permitted for the land left for road widening to make the road as qualifying road for the proposed development.

(iv)    FSI benefit for the OSR area in the approved sub-division shall be permitted in proportionate to the plot extent.

(4)     (a) The space specified above shall be kept open to sky and free from any erection or projection such as sunshade or 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.

(b) A watchman or caretakerbooth or Kiosk not exceeding 2.5m.x 2.5m. in size at each gate and not exceeding 3m. in heightand open transformer yard shall be permitted in the set back space after leaving 7 metres clear set back from the main structure.

(c) Gate pillars without or with arches with a min. headroom clearance of 5.50m atleast to a width of 3.5m. shall be permitted in the set back space after leaving 7 metres clear set back from the main structure.

(5)     Parking and Parking 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 competent authority and conforming to standards prescribed in the Annexure - IV.

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

(7)     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 rule 42.

(8)     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)      In cases where more than one 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.

(c)      During the construction of the basement floor, it shall be the sole responsibility of the Building Permit holder to ensure that the building or structure in the adjoining sites are not weakened or damaged.

(d)      The basement shall be permitted below the ground and beyond the building lines at ground level subject to a clear minimum front setback space of 4.5m and side and rear setback of 3m, subject to non habitable uses and provision for mechanical ventilation and all safety provisions and drainage. However, it is essential that the basement top slab below the external circulation at ground level should be designed for firefighting vehicular loads.

(9)     The reservation of land for community recreational purposes such as park or play ground required in these regulations shall be as given in the rule 41.

(10)   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 2016 shall be fully conformed to and any breach thereof shall be deemed to be a breach of the requirements under these rules.

(b)      Every High Rise Building erected shall be provided with

(i)       lifts as prescribed in National Building Code of India, 2016;

(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 confirming to the rule 44.

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

(11)   Fire safety, detection and extinguishing systems.

(i)       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.

(ii)      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.

(iii)     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, 2016 and to the satisfaction of the Director of Fire and Rescue Services by obtaining a no objection certificate from him.

(12)   Security deposits.— The applicant not being a Government department or agency shall deposit a sum at the rate of 50% of the infrastructure and amenity charges in force per square metres of floor area as a refundable non-interest earning security and earnest deposit. The deposit shall be refunded on completion of development as per the approved plan as certified by the competent authority, if not, it would be forfeited.

(13)   Display Board.

(a)      The details of the development for which planning permission is issued, shall be displayed in the site in the format prescribed in Rule 10(7) of these regulations.

(b)      The applicant not being a Government department or agency shall pay a sum of Rs. 10,000/- (Rupees ten thousand only) as earnest money noninterest bearing refundable deposit and same should be utilized for the purpose of installing the prescribed size board on the site by local body, in the event of the applicant not fulfilling the conditions stated in clause (a) above.

If the applicant fulfills the conditions in clause (a) above, the deposit shall be refunded after production of the completion certificate.

(14)   In areas where sewage system provided by the Local body concerned is not available and

(a)      Where number of dwelling units exceeds 50 nos. or 2500 sq.m. of commercial area sewage treatment plant shall be provided and maintained for the disposal of the sewage within the site itself as per the designs approved by such other Technical agencies as Government may empaneled from time to time.

(b)      where number of dwelling units is less than 50 nos. or 2500 sq.m. of commercial area, septic tank with up-flow filters shall be provided and maintained for the disposal of the sewage within the site itself .

(15)   In residential or predominantly residential developments with dwelling units exceeding 100 in number, the design should include waste management infrastructure and atleast 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.

(16)   In residential or predominantly residential developments, provision for atleast one, bath room and water closet shall be provided for the use of servants or drivers for each block not exceeding 25 Dwelling units.

(17)   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 competent 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 Local body 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 rules.

(18)   The space set apart and notified for formation of a new road or road widening or street alignment shall be transferred to 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 In such cases 'Transfer of Development Rights' (TDR) provisions of rule 48 are applicable.

(19)   Rain water harvesting provisions as prescribed in rule 63 shall be provided.

(20)   Solar energy capture provisions as prescribed in rule 44 shall be provided where applicable.

(21)   Special regulations for physically disabled as prescribed in rule 43 shall be adhered to.

(22)   In cases of Hospital Buildings with Ground Floor/Stilt Floor + First Floor and above and floor area exceeding 300 sq.m. in each floor, the special provisions for Hospital Buildings prescribed in Annexure – IX shall be adhered to.

(23)   Affordable Housing.— Development for affordable housing projects with size of dwelling unit not exceeding 40 sq.m within Chennai Metropolitan Area and dwelling unit with size not exceeding 60 sq.m in the rest of state shall be regulated according to provisions stipulated above.

(b) Premium FSI charges shall not be collected for the excess FSI area over and above normally permissible FSI area for affordable housing projects.

Rule - 40. Information Technology developments availing additional FSI benefits.

The development of land and building for the purpose of development of Information Technology Park, Software and its associated, Computer technology, Bio-Informatics units shall be certified by the appropriate authority designated by the Government for the purpose, to avail the concessions 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 arrangements to the satisfaction of the Local body.

(2)     Activities: Manufacture of hardware, development of software and its associated computer - communication technology applications, bio-informatics units including offices, conference halls and projection theatres connected there with, 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.

(3)     Road width: The proposed development shall either abut on a public road of not less than 18 metres in width or gain access from a passage of not less than 18 metres width which connects to a public road of not less than 18 metres width.

(4)     Floor Space Index:

(a)      Normally permissible FSI is allowable according to the development.

(b)      Premium FSI charges shall not be levied for additional FSI upto 0.5 for High Rise Developments.

(c)      Premium FSI charges are applicable for Premium FSI achieved over and above 0.5 for High Rise Developments

(5)     Caution Deposit:

(a)      Caution Deposit to be made by the applicant not being a Government department or agency before issue of Building Permission shall be 10% of the guideline value of the land or 20% of the Guideline Value of the land area equal to which the additional floor area is availed, whichever is higher. The caution deposit is acceptable in the form of an irrevocable Bank Guarantee issued in the format prescribed, in favour of the Executive Authority of Local Body from any scheduled bank

(b)      The Bank Guarantee shall be kept alive till a final decision is taken by the Executive Authority of Local Body.

(c)      The Bank Guarantee towards caution deposit is returnable after a period of five years, from complete occupation and commencement of commercial operation subject to confirmation by a certificate from the appropriate authority (ELCOT) certifying that the building is put into continuous use for Information Technology (IT) parks or Bio Informatics units for the said five years.

(d)      If the building is utilised for any other purpose during this period and the occupancy confirmation certificate from the appropriate authority (ELCOT) is not furnished, the Bank Guarantee shall be invoked and the caution deposit shall be forfeited by transferring the same to the Executive Authority of Local Body’s account.

(e)      The caution deposit referred to above shall be different from, and over and above the security deposit to be paid in the normal course of issue of Building Permit.

(f)       The decision of the Executive Authority of Local Body is final in the invocation or release of Bank Guarantee.

(6)     Other Parameters: Except for the above said specific provisions, the developments shall conform to these rules in respect of all other parameters.

Rule - 41. Reservation of land for community recreational purposes in certain developments.

(1)     The reservation of land for community recreational purposes such as park or play ground shall be as given below at ground level in a shape and location abutting a public road to be specified by the competent authority: