Tamil Nadu Allows Self-Certification for Instant Building Permits
- September 3, 2024
- Lakshmi Kandasubramanian
- Theyagarajan B
The state government has notified amendments to the Tamil Nadu Combined Development and Building Rules, 2019, to permit applicants to secure instant building permits via self-certification.[1] Accordingly, applicants can submit online applications and pay fees to receive instant permits valid for five years, extendable by up to three years.
This development follows the state budget announcement made earlier this year signalling the introduction of a new module in the single window system for facilitating the sanction of building permissions based on self-certification without the need for completion certificates.[2]
Self-certification under the new Amendment Rules
The declaration issued by the applicant while making the application for self-certification should be to the effect that the building plan and site plan for the construction or reconstruction of self-certified buildings are in accordance with the applicable provisions.[3]
Under the amendment, an online application has to be filed through the self-certification module to obtain planning permission and building permits for self-certified buildings. As per Rule 6(1-A), applicants have to submit online applications through the said module and the regulations for self-certified buildings will be per Annexure XXVI. This new Annexure elaborates on the planning parameters and the building rules applicable to self-certified buildings. It also includes provisions pertaining to the procedure for submission of applications, random verification, etc.
Applicability
This new route does not apply to all buildings. As per the eligibility criteria (as specified in Annexure XXVI), building plans under the self-certification scheme can be submitted by applicants intending to construct a building in a plot of size up to 2,500 sq ft and a built-up area of up to 3,500 sq ft for residential purpose up to two dwelling units having ground or ground plus one floor. The definition of self-certified buildings, as contained in Rule 2(105-B), also provides that the building height should not exceed 7 m.[4]
Also, to apply under the scheme, only the plots in approved layouts, layouts regularised under the Tamil Nadu Regularisation of Unapproved Layouts and Plots Rules, 2017, approved sub-division plan, natham, and those plots registered by a deed before October 20, 2016, are eligible.
Areas excluded from applicability of the scheme
The scheme does not apply in the following areas:
- Coastal Regulation Zone (CRZ), Hill Area Conservation Authority (HACA) regions, and development prohibited or restricted areas under Rule 19 Annexure XVII of the 2019 Rules; and
- Lands classified as agriculture, institution, special and hazardous, non-urban, open spaces and recreational zones, as well as sites falling in street alignment, road widening, roads, areas reserved for public purposes in the master plans, new town development plans, detailed development plans, grids of roads plans in planning areas.
Applicable fee
The necessary charges or fees at the prescribed rates will apply and on payment of the same, the approved plan and proceedings along with the QR code and applicant’s e-sign will be instantly generated online. However, the scrutiny fee will not be applicable considering that self-certified building applications are not scrutinised.
Random verification
Though these applications are not scrutinised, a random verification of records submitted online will be carried out and the selection of applications for this purpose will be system-generated. Additionally, the competent authority may check the building plans or construction at any stage.
Comments
As mentioned above, buildings located in areas falling under CRZ, HACA, etc., and lands classified as agricultural, institutional, special & hazardous, or non-urban are not eligible under the self-certification scheme. This effectively restricts self-certification to areas classified as residential use zones in urban areas. Self-certification, as defined, is applicable only to buildings that do not exceed a built-up area of 3,500 sq. ft. and are not over 7m in height.
Additionally, Paragraph ‘X’ of Annexure XXVI stipulates that Section 236 of the Bharatiya Nyaya Sanhita, 2023, will apply when a person commits fraud by misrepresenting information while making an application under self-certification. Applicants, therefore, must be mindful of these penal provisions when submitting their applications to the concerned authority.
Overall, the rules allow for a hassle-free procedure for securing building permission.
References:
[1] The notification can be accessed here.
[2] Budget speech can be accessed here.
[3] Rule 2(105-A) defines self-certification as the self-certification or declaration issued by the applicant to the effect that the building plan and site plan for the construction or reconstruction of self-certified buildings are in accordance with the provisions of the Act or rules made thereunder or any other law for the time being in force.
[4] Rule 2(105-B) defines self-certified buildings as buildings in a plot of area up to 2,500 sq ft and built-up area of up to 3,500 sq ft for residential purpose up to 2 dwelling units having ground or ground plus one floor up to a maximum of 7 m in height.
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Under the amendment, an online application has to be filed through the self-certification module to obtain planning permission and building permits for self-certified buildings. As per Rule 6(1-A), applicants have to submit online applications through the said module and the regulations for self-certified buildings will be per Annexure XXVI. This new Annexure elaborates on the planning parameters and the building rules applicable to self-certified buildings. It also includes provisions pertaining to the procedure for submission of applications, random verification, etc.
