Types of Approvals
Any type of development whether it residential or commercial or mixed type requires 2 approvals from the competent authority.
Planning Permission: This is governed by Tamil Nadu Town and Country Planning Act 1971 and with the rules in Development regulations of the second master plan in Chennai Metropolitan Development Authority/Development control rules of Directorate of Town and Country Planning (DTCP) area.
Building License: This is governed by the Tamil Nadu District Municipalities Act, 1920 in Municipal limits and respective city Municipal Corporation Act. In the case of
Amendments: Both the above approvals are governed by Acts that are amended from time to time by the competent authority. The Building rules that are currently notified Draft Tamil Nadu Combined Development
Regulation and Building Rules, 2018 by CMDA is applicable to all buildings in the limit of Chennai Metropolitan Area (CMA).
Authority for Planning Permissions
The planning permission is primarily to check if the development confirms to the master plan and the zonal regulation.
Outside CMDA Area (DTCP Area)
Note: This is not applicable for Chennai. For Chennai Planning Permission se subsequent section.
- Grant of Planning Permission by Town and Country Planning authorities DTCP is the appropriate authority for residential building area which are more than 4000 sq.ft/ more than 4 kitchen/ more than one building/ more than G.F+ Two floors. In case of commercial building area which is more than 2000 sq.ft for more than one building/more than G.F + One Floor. All other special building, multi-storeyed building, and Group development.
- Grant of Planning Permission by ULB authorities: Urban Local Bodies (Municipalities/Corporation) is competent for issuing planning permission for Residential buildings having Ground Floor + Two Floors of a single building not exceeding 4 kitchen and Total Floor area of 4000 sq.ft., For commercial buildings having Ground Floor+ one floors of single building not exceeding total floor area 2000 sq.ft., and (as per the delegation given by the DTCP Roc.No.9862/2010 P.A.1, Dt: 14/06/2010) cottage industries
- Grant of Planning Permissions by CMDA: CMDA is the appropriate authority for issuing planning permission for special buildings, multi-storeyed buildings and group development within CMDA jurisdiction where:
- Special building means:
- A Residential (or) commercial buildings with more than 2 floor (or)
- A Residential building with more than six dwelling unit (or)
- A Commercial building exceeding a floor area of 300 square meters.
- Multi-Storeyed Buildings means
- Buildings exceeding 4 floors including Ground Floor and more than 15.25 meters in height. (However, in cases of hospitals, buildings not exceeding 4 floors and or 17 meters height will be construed as non-multi-storeyed buildings)
- Special building means:
- Grant of Planning Permission by Urban Local Body (ULB) like Greater Chennai Corporation authorities Municipality is the appropriate authority for issuing planning permission for
- Residential buildings up to 6 kitchens (stilt + Ground Floor + First Floor up to 9m height)
- Commercial buildings less than 300 sq.m. for Mixed Residential area and 40 sq.m. in Primary Residential area
- Industrial buildings installation machinery up to 250 HP and working persons not more than 100 Nos (as per declaration given by CMDA to ULB)
The building license is primarily to check if the building is built according to the Development Control Rules.
Greater Chennai Corporation issue building License to all type of building including special building, multi-storeyed buildings and group developments for which the planning permission issued by DTCP/CMDA/ Local Planning Authorities.
- Building Plan with details of a group plan, elevations and sections and sections of the building and a specification of the work. Demolition deed, 2 Nos of statistics form, 13 years of encumbrance certificate, a copy of layout if necessary, also an undertaking to the Executive Authority if the site is located within 15 meters from water body not to discharge any effluent into the water body
- The details of the building what to be used as Residential, Commercial, Industrial, Educational and Institutional buildings, etc., or a combination of one or more usages to be mentioned in the plan.
- The application should be signed by the owner/power agent and approved licensed surveyor of the local body with required documents and necessary No objection certificate required at pre-construction stage prescribed and should be submitted through online/in office.
- After receiving the application and plan site inspection will be done by the local body staff/officers normally in 7 days of time. If plan and applications are according to rules and regulations, the fees remittance details shall be communicated to the applicant and approval given if not satisfied the application of the rule will be rejected within 30 days(section 200 & 201 of the TNDM act 1920)
- After remittance of all fees and charges, the building license will be issued to the applicant in the public domain (for fees/charges applicant may access the website of concerned ULB).
- The building license issued is valid for three years from the date of issue. The owners should construct and complete the building as per the plan within the period prescribed and intimate the completion of the building to the authorities after completion of building in all aspects and fit for occupation partly/fully with necessary post construction No objection certificate
- If the construction or reconstruction of any building is not completed within the period specified, the building permit issued by the
ULBs,shall lapse and a fresh application shall be made before the work is commenced.
- Appeal Non-disposal of
applicationwithin 30 days by the Executive Authority. If the Executive authority neither grant nor refuse to grant approval within 30 days, the applicant may prefer appealto the council in Municipal limits/standing committee in the corporation limit.
- Grant of Exemption
- The Government or any other authority empowered by the Government by a notification published in the Tamil Nadu Government Gazette, may either suo-motto or in application exempt from the operation of all or any of the provisions of these rules, for reasons to be recorded in writing, any building or any specified class of buildings, provided that such application is made within sixty days from the date of receipt of the order of the executive authority against which such application is made to the Government or the authority empowered by the Government, as the case may be.
- The Government may, either suo motto or on appeal against any order of the authority empowered by them, pass such orders, as deemed fit, provided, such an appeal is made within thirty days from the date of receipt of the order of the authority empowered by the Government:
- After the grant of Building license, the applicant has to inform for inspection by the ULB official, as and when the building reached the plinth level of Ground Floor. On receipt of information, the Town Planning Inspector Shall inspect within 7 days. The Applicant shall intimate for inspection by ULB officials when the construction of the buildings is completed and fit for occupation. On receipt of intimation officials from Town Planning section & Health, the section shall jointly inspect and recommend to Revenue Section for the assessment of property tax, if all the provisions are
compliedas per approval.