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Update on Regularisation of Unapproved Plots and Layouts

 Procedure for Regularisation of Unapproved Plots

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.

 Madras High Court Ban on Registration of Unapproved Plots                                         

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, permitting Registration of Unapproved Plots, after Regularising them strictly under this Notified Rules mentioned above.

Salient Features of the Notifications of May4 2017 (GO 78 of 2017)

By these Rules, the Government exempts all unapproved layouts, where any or all plots are sold and registered on or before October 20, 2016, and all unapproved plots which are sold and registered on or before October 20, 2016 from the operation of all the provisions of the Tamil Nadu Town and Country Planning act.

This means, even if one plot in such a layout has been sold, the entire layout becomes eligible for Regularisation.

Plot Owners Should Compulsorily Apply for Regularisation

According to the 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.

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

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.

Procedure for Applying for Regularisation

Within 15 days from the date of notification of these Rules, the Member Secretary concerned shall call upon the Local Bodies, to give a certified list of unapproved layouts formed within its jurisdiction along with the details of name of the revenue village, survey numbers or ward numbers, town survey numbers, name of the local body, as the case may be covered by the layout and its extent

The Promoter, or Association or Society also can Apply for Regularisation.

Upon receipt of the list of unapproved layouts, the Competent Authority shall suo-motu prepare and approve and give in-principle approval for the layout framework as existing on ground by employing the services of licensed surveyors for those layouts which are covered in the list furnished by the Local Bodies but not applied for regularization by any of the layout Promoter/Registered Co-operative Society/Association of plot owners.

The application for individual plot regularisation in a layout shall be considered for regularisation only after in- principle approval of the layout framework is issued by the competent authority. Such regularisation of unapproved layout framework will not automatically regularise the individual plot in the layout. The individual plot owner / promoter (in the case of unsold plots) shall, after regularization of unapproved layout framework, apply for regularization of his plot/plots separately

Charges 

The Regularisation charges are – (i) Rs 100 per Square  Meter in City Municipal Corporation area, (ii) 60 in Municipal area and (iii) Rs 30 in areas covered under Town Panchayats and Village Panchayats areas.

Development charges shall be collected for the plot or layout to be regularised (a) Rs 600 per sq Meter in City Municipal Area, (b) Rs 350 in Special and Selection Grade Municipal area, (c) Rs 250 in Grade-I and Grade-II Municipal Area, (d) Rs 150 in Town Panchayat and Rs 100 in Village Panchayat area.

Charges for Open Space Reservation (OSR) Area 

For regularisation of plot in a sub-division, the OSR area requirement as per the development regulations or development control regulations, as the case may be, shall be calculated and charged proportionately to the plot area applied for regularisation.

For regularisation of layout, OSR area charge shall be collected for 10 percent of the layout area as per the Guideline Value, if 10 percent of OSR is not available. However, if part of the required 10 percent OSR area is available in the layout, then such available area shall be deducted in the calculation of OSR area requirement and charges levied accordingly. In the event of OSR being partly available, the charges will be proportionately collected.

Restrictions

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.

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.

High Court Lifts the Ban 

The Madras High Court allowed the Rules to be in force in view of the delay already experienced by the public(though the Court by any count couldn’t be blamed for it), and also the hardships that may be faced by small plot holders if the matter is further delayed. The Order justifies this step in the following words:”We are informed that there are many petty plot holders in desperate need of funds for purposes such as education of children, marriage of children and the like.”
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Tamilnadu Government’s Measures

Website

Tamilnadu Govertment has since launched  a Website, www.tnlayoutregn.in, for the sole purpose of Regualarising Unapproved Plots and Layouts. According to this website, the last date for submission of Application for the Regularisation is Nov 3, 2017, ie when the 6 months period provided for in the Rules ends.

Applicants have to Register in this Portal and create a User id and Password, and then Apply online for Regularisation. Separate Applications are available for Plots located in CMDA areas and DTCP areas.

According to the Times of India:

“In a bid to create a database of unapproved plots before regularising them, the government has embarked on a massive exercise to identify such sites.The department of housing and urban development has directed all urban and rural local bodies to complete the exercise by May 27.

This will not only help in identifying the number of unapproved plots, but also locate encroachments on poramboke land and water bodies. “It will come in handy to identify whether adequate land is available in the layout, which can be used for Open Space Reservation (OSR) and developing public facilities including roads,” an official told TOI.”

Once the Data is collected, the in-principle Approval will be given, and the process of Approving Individual Plots will begin.

Dificulties in the implementation of the Rules

The Approval is in Two Stages

First, the Member Secretary or the Planning Authority of the respective Local Body shall give in-principle sanction for the Layouts. The process of collecting information about the Unapproved Layouts through out Tamilnadu has begun.

Second Stage

In this Second Stage, Applicants will have to Apply on-line, and also pay on-line a Scrutiny Fee of Rs.500/. (For this, the Applicant should have an email id and mobile phone.)  This will generate a Registration Slip. Applicants will have to submit the Registration Slip along with the Copies of Documents, Layout Copy etc to the Corporation, or other Local Bodies.The Local Body shall give approval after collecting other Charges like, Regularisation charges, Development Charges, and OSR charges.

Many Points Needed Clarifications

The Rules, as they are published, have scope for multiple interpretations and confusions. Some of the potential points for confusion are given below:

a)The Rules make it mandatory for all Unapproved Layouts/Plots to apply for Regularisation failing which many penal provisions like no water/electricity/sewerage connections will be given. Does it mean all those unapproved housing plots, where houses already built and exist for long, also need to Apply for Regularisation?

b)In Layouts sold decades ago, where the Promoter or Association doesn’t exist, who will give all the necessary documents and undertake to rectify the deficiencies as required under these Rules?

c)The Rules talk about Regularisation of Residential Plots only. There are many sub-divided plots abutting broad roads, where Commercial Activity will be going on for decades. How to regularise these Plots?

d)According to the Rules, the Guideline Values as on 1st Aug 2007, are to be the basis for calculating OSR charges for Plots Registered before Aug 2007. There are many unapproved layouts which were formed in sixties and Seventies. Will it be reasonable to expect the Owners who bought Plots decades ago to pay for OSR charges at 2007 rates?

Trust the authorities will in due course address these issues and provide necessary clarifications. 

The Oct 2017 GO on Regularisation Simplified the Procedure

It’s Salient Features

With a view to simplify the Rules and Procedures for Regularisation of Unapproved Plots,  GO No 172 dated 13.10.2017 was issued by the Tamilnadu Government. According to which:

The Deadline was Extended to May 3, 2018

Development Charges Reduced

Open Space Reservation Charges Dropped

All Layouts, irrespective of the number of Plots Sold, are eligible for Regularisation

Old Layouts will be deemed as Regularised

The deadline  has been further extended by 6 months, upto 3rd Nov 2018.(GO No.55 of 2018)

                              Read Article on Regularisation  GO  78 of 2017, and the background to the Regularisation issue

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.

                               Read about the High Court’s Ban Order

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 Now as under:

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 is removed now.

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. 

3) 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.

4)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) 600 350 250 150 100
2.Reduced Development Charges 500 250 150 75 25
3.Regularisation Charges 100 60 60 30 30
Total Charges (2+3) 600 310 210 105 55

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), 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.

Compulsory Regularisation of Unapproved Plots and Layouts

According to these Rules, Regularisation of a Plot is compulsory for getting EB connection, Building Plan Approval, Water and Sewerage Connection etc.Also, if the Plot is not Regularised, it can’t be Transferred through a Registered Sale Deed, as Registration of such plots will not be allowed, after the deadline.

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. First an Applicant has to Register in the website and get a User Id  and Password.

After getting the User Id and Password, 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.

We understand, even for the around 2 Lakhs Applications Submitted, the Issuance of Regularisation Orders have not yet started.There is no explanation for this, so far. 

User Manual of Procedure for Regularisation of Unapproved Plots

Press Release dated 12.10.2017

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

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

  2. 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 ?

  3. 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

  4. 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.

  5. 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.

  6. 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.

  7. 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

  8. 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.

  9. 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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