CMDA/DTCPLayout ApprovalRegularisationResidential PlotsSelling Land/Plot in Chennai

Update on Regularisation of Unapproved Plots and Layouts

As on 13th Oct 2018, a total of 1687 Layout Frameworks have been Regularised by the Competent Authorities, in the Chennai Metropolitan Authority Area, according to CMDA Website.. The details of the Approval No. along with the Maps/Sketch have been put up in the CMDA Website. The Approved Maps/Sketch can be downloaded

 

 

The Background

The Madras High Court on 21 Oct 2016, while imposing the Ban on Registration of Unapproved Layouts and Plots, wanted the Government to frame Rules and Procedures for Regularising the same.

The State Government has notified the Regularisation of Unapproved Plots and Layouts Rules, 2017, on 4th May 2017. The Rules were submitted to the Court on 5th May, 2017. 

The Court heard arguments on the matter, and on 12th May 2017 passed Orders, lifting the ban, and permitting Registration of Unapproved Plots- after Regularising them strictly under this Notified Rules mentioned above.

The Rules were further modified/simplified by a GO (172 of 13 Oct, 2017)

Salient Features of the Scheme      

Plot Owners Should Compulsorily Apply for Regularisation

According to these Rules,  “it shall be compulsory for all the individual plot owners and layout promoters eligible, to file an application   on-line, in Form-I, for regularisation, to the Competent Authority concerned within six months from the date of commencement of these rules along with the fees and charges as per the self assessment made and annexed with the application. The Competent Authority shall process the application and pass orders of regularization on-line.”

Consequences of Non-Approval

Hereafter, an Unapproved Plot couldn’t be registered.

Also, no electricity, water supply, drainage and sewerage connections shall be extended to such unapproved plot or layout, according to the Rules.

The Rules further say that no Building Plan approval shall be given by the authorities for Unapproved Plots. 

And Registration of these unapproved plots for transfer of ownership, will not be entertained after the deadline.

Restrictions

According to these Rules, Plots on public water bodies, Poramboke areas, OSR Land  area, plots that block access to surrounding lands, plots that are on any Rail or Road corridor, Plots that encroach on public road or street… are not eligible for regularisation.

Also, the Applications shall be in conformity with

 i)The Civil Aviation Regulations ii)The Ministry of Defence Regulations iii) The Coastal Zone Regulations iv) Hill Stations Building Rules v) The Regulations in respect of Aquifer Recharge Area vi) The Regulations in respect of Red Hills Catchment Area vii) and The Provisions of the Ancient Monuments and Archaeological Sites and Remains Act, and the Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Act.

Process of Submitting the Application For Regularisation

The Government has already put in place a Portal exclusive for this purpose.

The Process involves a few stages.

Registration Slip

First, the Applicant has to Register Online, and get a Registration Slip. For this, the Govt has set up a DEDICATED WEBSITE. An Applicant has to Register in the website and get a User Id  and Password.

After getting the User Id and Password, which will be sent to his Registered Phone, the Applicant has to login using the User Id and Password.  And, after completing an Online Form, and on Online Payment of a Scrutinising Fee of Rs.500, confirmation of Payment will be displayed, and a Registration Slip showing Registration No. etc, will be generated online.For Completing the  Online Form, a copy of the Topo sketch prepared by the Licensed Surveyor shall be Uploaded.

A Print out shall be taken of this Registration Slip, which will be required for all future communications.

Submission of Hard Copies and After

Then, all hard copies of Sale Deed, Patta, EC. .. will have to be submitted to the DTCP offices/Corpn Office. The Topo Sketch will have to be signed by both the Applicant as well as the Licensed Surveyor.

It may be noted that the Services of a Licensed Surveyor is a must for submission of Application.Even at the online Registration stage, the Licensed Surveyor has to measure the Land and draw A Topographical Map/Sketch. This also has to be uploaded to the dedicated website, for getting the Registration Number/Slip.

There may arise situation when the Topographical Map/Sketch is to be corrected and resubmitted.Also, Legal Queries on the documents submitted will have to be rectified. Obviously the services of an Advocate may also necessary.

There are agencies now to help engage a Licensed Surveyor, engage an Advocate, and put up the Application before the Competent Authrity. Once all the documents are submitted, the official from DTCP/Corpn shall visit the site.Once this process is completed,  the Notice for Payment of Development Charges and Regularisation Charges shall be issued by the Competent Authority.

On payment of the amount, the Competent Authority shall issue the Regularisation Order.

Competent Authority

Competent Authority means,(i) for regularisation of unapproved individual plot in a sub-division or layout-the Head of the Local Body, like Commissioner, Executive Officer or BDO,

(ii) for regularization of layout in Chennai, theMember Secretary of CMDA, and in any other areas, the Member-Secretary of the respective Planning Authority

Applicability of the Rules

The Rules framed by GO 78 dated May 4 2017, make it compulsory for all the Plots Registered on or before Oct 20, 2016, the date when the High Court Banned the Registration of Unapproved Plots, to Apply for Regularisation.

It  didn’t clarify about the fate of Plots in Layouts or Sub-divisions that were registered decades ago. A plain reading of the Rules gave the impression that all the plots in Tamilnadu, irrespective  of the date of registration, shall compulsorily apply for Regularisation.

This and Other Issues like Layout Framework, OSR charges, Development Charges are clarified by the GO 172 of Oct 13, 2017.

1)Applicability of the Rules

a) The Rules for Regularisation shall be applicable only for Unapproved Plots Registered

i) in the Chennai Metropolitan Area between August 5, 1975 (the date when the First Master Plan was Notified) and October 20, 2016 ie upto the Ban on Registration imposed by the High Court,

ii)in the rural areas outside the Chennai Metropolitan Area for layouts formed between November 29, 1972 (the date when DTCP came into existence) and October 20, 2016,

iii) and in the urban local bodies outside the Chennai Metropolitan Area, for layouts formed between January 1, 1980 (the date when the first Regularisation Scheme was rolled out) and October 20, 2016.

b)All the Plots Registered before these dates in those areas, shall  be ‘deemed as Regularised’, and consequently owners need not apply for Regularisation.

2)Process of Regularising Layout Framework is simplified:

The Rules framed by GO 78 Ms 2017 May 2014 gave elaborate procedures  for Regularising the three different categories of layouts, namely,

i) Layouts where upto 1/3 of the Plots were sold,

ii) Layouts where upto 2/3 of the Plots were sold, and

iii) Layouts where more than 2/3 of the Plots were sold.

This provision, we understand, was one of the reasons for the Scheme being a non-starter.

This clause was removed by the GO 172 of Oct 2017..

Also, the Roads in the  Layouts shall be Regularised on ‘as is where is’ basis, even if one Plot has been sold in the Layout.

As a result of these changes, even if one plot is registered in a layout, it is eligible for Regularisation under these changed Rules. 

Charges Payable for Regularisation

OSR Charges

The procedure for calculating Open Space Reservation (OSR) charges was another factor that hindered the process of Regularisation. This has been simplified now. Layout promoters, shall pay 10% of the Guideline Value of the unsold Plots in a Layout as OSR.

Individual Plot Owners seeking Regularisation, need not pay any OSR charges. Needless to say that this will be a huge savings for Plot owners. 

Revised Development Charges

 The Development Charges have also been reduced further

The Revised Charges are: (Rs/ Square Meter)

Charges

City Municipal Corporation Area

Rs

Municipal Area

Town Panchayat

Rs

Village Panchayat Area.

Rs

Special and Selection Grade

Rs

Grade-I and Grade-II 

Rs

1.Existing Development Charges(As per May 4 2017  Rules)600350250150100
2.Reduced Development Charges5002501507525
3.Regularisation Charges10060603030
Total Charges (2+3)60031021010555

The Rates given above are per Square Meters.

1 Sq Meter = 10.7639 Sq Ft.

Accordingly, 

the Charges (Regularisation+Development) for getting Regularised  1 Sq ft in Chennai Metropolitan Area will be: 600/10.7639= Rs.55.75.

For a 2400 Sqft Plot in a Chennai Metropolitan Area, the Charges (Regularisation + Development) will be 2400×55.75= Rs 1,33,781/-(Rs One Lakh Thirty Three Thousand Seven Hundred and Eighty One Only).

No Other Charges are Payable, according to this Clarifications.

Punitive Clauses Remain

Failure to get Approval within the stipulated 6 months period-now 18 months period ending Nov 3, 2018-, will make the Plots ineligible for Plan Approval, EB, Water and Sewerage connections. Also, by implication, registration of such Unapproved Plots will not be allowed after the deadline of May 3, 2018, now Nov 3, 2018.

13 thoughts on “Update on Regularisation of Unapproved Plots and Layouts

  1. What happens to Land which are under HACA – Hill area conservative authority?
    There is no clear process or govt order stating how to convert those lands into a DTCP approved one.

  2. I have given some documents for regularizing the un approved plots. How to chek the status of the application, through web site

  3. It was said by the DTCP officials as appeared in the Times Of India on 08/12/2017 that Layout frame works would be uploaded online within two weeks. But nothing happened like that. Will the authorities please look into this and do the needful ?

  4. I applied through to regularise my plot + frame work approval request. Almost 60days over. No one in HNTDA Office / DTCP Chennai answer the status of my application. Don’t know what to do

  5. Dear sir, I am having plot in 1097 sq feet in palladam taluk tirupur district Sukkampalayam village )
    Panchayat people told to reqularisation but they didn’t give idea where to be done this process.
    So pls give some idea to be reqularisation my plot as immediate.
    My bank loan is hold due to this process.

    Thanks for your immediate help in this regard.

    Sudhakar
    9894699709.

  6. my plot belongs to chennai city corporation i applied for regularisation so far no plots till the date not regularised. How many days taken for regularisation and payment advise has not come so far. No reponse in CMDA.

  7. Dear Sir,
    Great info on this website. In the above article you have mentioned that “All the Plots Registered before these dates in those areas, shall be ‘deemed as Regularised’, and owners need not apply for Regularisation.”
    Does it mean that the plot registered for the first time before 1972 or last registered in 1972? I would really appreciate your input.

  8. Hi sir! i santhosh.. from Palavakam ecr… i have a property 1091 sq.ft. this property was purchased on 1995. i dont know my property is approved or not… and also dont knw about i need Regularaise r not… now im going demolish my existing building. and re construct… so kindly gice me clarification
    7010877007
    sandysanthoosh@gmail.com

  9. Dear Team, I have one major doubt.. I had purchased the unapproved house site on dec 2015, I got building plan from concerned local body (president). G+1 building with one dwelling unit constructed as per plan. Now age of the property is around 2years old. I had obtained patta in my name. I am paying property tax and eb bill for the property. My property in gram panchayat limit.

    My doubt is whether i need to apply for regularisation of land or not

    Kindly clarify.

  10. Hi, the layout was framed in 1996, I purchased plot from from first owenr in April 2017(ban lift by Court =>allowed registration for the plot s registered first time before Oct 20th 2016). Is my plot eligible for regularisation

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