(1) The deviations or violations with reference to the Development Control Rules shall be categorised for the purpose of assessing the regularisation fee as follows and the regularisation fee shall be levied as specified in the respective Tables:-- Category A (i) : Plot in an unauthorised sub-division or layout or plot extent or plot frontage violation :
Irrespective of whether any plot/land is vacant, partially or fully built, if, there is violation in terms of unauthorised sub-division or lay-out, or plot extent or frontage, the plot or land alone shall first be considered for regularisation as one category and regularisation fee shall be assessed as specified in Table A (i) subject to the following conditions:--
(a) In case of a plot in an unauthorised layout, the plot shall abut a road of width not less than 4.8 metres and the unauthorised layout roads shall be connected to a public road or street maintained by the local body evidenced by their resolution.
(b) In case of plot in an unauthorised sub-division, the plot shall abut on a public road or street or gain access through an exclusive or a common passage of width not less than one metre and connected to a public road or street maintained by the local body evidenced by their resolution.
(c) No part or whole of any unauthorised layout as such is regularisable. Only individual plot shall be considered for regularisation, provided it has been divided and registered on or before the 2[31st July 2001.]
Category A (ii) : Land Use Violation :
Floor area constructed in violation of Development Control Rules by virtue of its being in,--
(a) Non-conforming usage to land use zoning regulations;
(b) Areas not designated for multi-storeyed buildings ;
(c) Banned areas ; and
(d) Street alignment, https://www.manupatrafast.com/pers/viewdoctoc.aspx?sPath=Bare%20Acts%20and%20Rules/State/tamil%20nadu/Rules/tamil%20nadu/tamil%20nadu%20town%20and%20country%20planning%20act%201971/apascolrefechmearrul1999/ApAsColReFeChMeArRul1999.htm&col=8Vmp9ozFMb/2ISz1SdixCIRVngsjs/j1lxFukHhUlVjtLjdB0bd4mmFTJWUx/aBSKBdGFQIME6VoesAFaCGBewHrWR8ddcNQuL7JwN7hYU7qHizMrFQj4LFUvb7Bkchar(43)6o706GyNkh4BCUcuVcjmbGhejF08ykNubEvKW4zqo890cktJ88vxBo32cc1YJmu9Dc/5IUlIm3BdNjSABchar(43)2R9TRHZChuWg9X1a6Zdqtl8E2/Y=#ch1f2 Shall be assessed for levy of regularisation fee, as specified in Table A (ii)
Provided that regularisation of a building of a particular use under these rules shall not mean that the site is deemed to have been reclassified to that conforming use zone of Master Plan or Detailed Development Plan:
Provided further that for making any additional development fresh application has to be made for reclassification of the site into a conforming use zone and site got reclassified following due process and on its merits.
Category A (iii) Road Width Passage, Width Violation :
Where a building has been constructed on a plot abutting a road width not conforming to the minimum requirement of Development Control Rules, the part of the floor area upto prescribed maximum F.S.I, as per Development Control Rules shall be assessed for levy of regularisation fee under this category as specified in Table A (iii).
Category B : Floor Space Index (F.S.I.) Violation :
For excess built up area constructed in violation of maximum Floor Space Index prescribed in Development Control Rules; and the covered parking space converted into any other use, regularisation fee shall be assessed as specified Table B.
Category C- Setback Violation :
For built up area in violation of setback requirements prescribed in Development Control Rules not amounting to excess built up area covered in Category-B, regularisation fee shall be assessed as specified in Table C.
Category D- Parking Violation :
For parking violation not amounting to Categories B and C, regularisation fee shall be assessed as specified Table D.
(2) If there is more than one category of violation, the regularisation fee shall be leviable for each category and shall be cumulative of the amounts assessed for violations of Category A (i), Category A(ii), Category A(iii) Category B, Category C and Category D.]
4[(3) In case of application for individual flat under clause (k) of sub-rule (2) of rule 3,--
(a) When a plan showing construction made as per site condition in respect of all the flats/developments within the site including subdivision details were furnished by the applicant, the development as a whole within the site shall be examined, and exemptions such as maximum permissible Floor Space Index prescribed in Development Control Rules, road width violation fee only upto maximum permissible Floor Space Index limit provided in these rules shall be allowed and regularisation fee shall be assessed for the whole development and levied for the flat as follows:--
(i) On pro-rata basis of deviated floor areas in respect of deviated development when it is relatable as in rule 5(1)
(b); and
(ii) On pro-rata basis of unauthorised floor areas in respect of unauthorised developments;
(b) When a plan showing construction made as per site condition, in respect of all the flats/developments within the site was not furnished by the applicant, the regularisation fee shall be assessed and levied as follows:--
(i) if the flat is in deviation to the earlier approved plan and the same,--
(a) is relatable to the said approved plan as in rule 5(1)(b), the regularisation fee shall be assessed for the floor area of the flat constructed in deviation to the approved plan at the rates specified in table B (treating it as Floor Space Index violation, in the absence of details) and also at the rates specified in Table A (ii)-- Land use violation, if applicable;
(b) is not relatable to the earlier approved plan as in rule 5(1)(b), the entire flat shall be treated as unauthorised and regularisation fee shall be assessed as in sub-clause (ii) below at the rates specified in Table B and also Table A (ii), if applicable;
https://www.manupatrafast.com/pers/viewdoctoc.aspx?sPath=Bare%20Acts%20and%20Rules/State/tamil%20nadu/Rules/tamil%20nadu/tamil%20nadu%20town%20and%20country%20planning%20act%201971/apascolrefechmearrul1999/ApAsColReFeChMeArRul1999.htm&col=8Vmp9ozFMb/2ISz1SdixCIRVngsjs/j1lxFukHhUlVjtLjdB0bd4mmFTJWUx/aBSKBdGFQIME6VoesAFaCGBewHrWR8ddcNQuL7JwN7hYU7qHizMrFQj4LFUvb7Bkchar(43)6o706GyNkh4BCUcuVcjmbGhejF08ykNubEvKW4zqo890cktJ88vxBo32cc1YJmu9Dc/5IUlIm3BdNjSABchar(43)2R9TRHZChuWg9X1a6Zdqtl8E2/Y=#ch1f4
(ii) If the flatted development is unauthorised, then in the absence of details and plans for examination of the flatted development as a whole, the total floor area of the unauthorised individual flat including its proportionate common area in that floor shall be treated as the floor area attracting regularisation fee and assessed at the rates specified in Table B and also Table A (ii), if applicable.;]
7. (1) The competent authority shall, on receipt of an application made under rule 3, examine the same with reference the provisions of the Act or other laws, for the time being in force and rules and regulations made thereunder, call for any additional details or particulars, if necessary, and decide on the regularisability of the development. If it is found regularisable, the competent authority shall assess the regularisation fee and issue to the applicant a demand notice for the payment of regularisation fee along with other fees and charges normally leviable 1[after adjusting the advanced amount.]
4[Provided that if the additional details or particulars called for by the competent authority are not furnished within forty five days from the date of receipt of the communication by the applicant, it will be presumed that the applicant is not serious in furnishing the details or particulars called for, to enable the application to be processed further and getting the demand notice for regularisation fee payable. In such a case, the application shall be rejected and 40 per cent of the advance made under clause (h) of sub-rule (2) of rule 3 shall be forfeited.]
(2) On receipt of the demand notice, the applicant is liable to pay to the competent authority the regularisation fee and other charges within thirty days from the date of communication of the said demand notice. If payment is not made within the time stipulated above, it shall attract interest at the rate of six per cent per annum. If the above said amount not remitted within ninety days from the date of receipt of the demand notice 3[the advance made under clause
(b) of sub-rule (2) of rule 3] above, shall be forfeited and the planning permission shall be refused.
1[(3) In cases where the self-assessed regularisation fee amount paid as advance is less than seventy five percent of the amount assessed by the competent authority, then the balance regularisation fee payable shall attract an interest at the rate of eighteen per cent per annum from 3[1st December 2001.]
https://www.manupatrafast.com/pers/viewdoctoc.aspx?sPath=Bare%20Acts%20and%20Rules/State/tamil%20nadu/Rules/tamil%20nadu/tamil%20nadu%20town%20and%20country%20planning%20act%201971/apascolrefechmearrul1999/ApAsColReFeChMeArRul1999.htm&col=8Vmp9ozFMb/2ISz1SdixCIRVngsjs/j1lxFukHhUlVjtLjdB0bd4mmFTJWUx/aBSKBdGFQIME6VoesAFaCGBewHrWR8ddcNQuL7JwN7hYU7qHizMrFQj4LFUvb7Bkchar(43)6o706GyNkh4BCUcuVcjmbGhejF08ykNubEvKW4zqo890cktJ88vxBo32cc1YJmu9Dc/5IUlIm3BdNjSABchar(43)2R9TRHZChuWg9X1a6Zdqtl8E2/Y=#ch1f1 https://www.manupatrafast.com/pers/viewdoctoc.aspx?sPath=Bare%20Acts%20and%20Rules/State/tamil%20nadu/Rules/tamil%20nadu/tamil%20nadu%20town%20and%20country%20planning%20act%201971/apascolrefechmearrul1999/ApAsColReFeChMeArRul1999.htm&col=8Vmp9ozFMb/2ISz1SdixCIRVngsjs/j1lxFukHhUlVjtLjdB0bd4mmFTJWUx/aBSKBdGFQIME6VoesAFaCGBewHrWR8ddcNQuL7JwN7hYU7qHizMrFQj4LFUvb7Bkchar(43)6o706GyNkh4BCUcuVcjmbGhejF08ykNubEvKW4zqo890cktJ88vxBo32cc1YJmu9Dc/5IUlIm3BdNjSABchar(43)2R9TRHZChuWg9X1a6Zdqtl8E2/Y=#ch1f4 https://www.manupatrafast.com/pers/viewdoctoc.aspx?sPath=Bare%20Acts%20and%20Rules/State/tamil%20nadu/Rules/tamil%20nadu/tamil%20nadu%20town%20and%20country%20planning%20act%201971/apascolrefechmearrul1999/ApAsColReFeChMeArRul1999.htm&col=8Vmp9ozFMb/2ISz1SdixCIRVngsjs/j1lxFukHhUlVjtLjdB0bd4mmFTJWUx/aBSKBdGFQIME6VoesAFaCGBewHrWR8ddcNQuL7JwN7hYU7qHizMrFQj4LFUvb7Bkchar(43)6o706GyNkh4BCUcuVcjmbGhejF08ykNubEvKW4zqo890cktJ88vxBo32cc1YJmu9Dc/5IUlIm3BdNjSABchar(43)2R9TRHZChuWg9X1a6Zdqtl8E2/Y=#ch1f3 https://www.manupatrafast.com/pers/viewdoctoc.aspx?sPath=Bare%20Acts%20and%20Rules/State/tamil%20nadu/Rules/tamil%20nadu/tamil%20nadu%20town%20and%20country%20planning%20act%201971/apascolrefechmearrul1999/ApAsColReFeChMeArRul1999.htm&col=8Vmp9ozFMb/2ISz1SdixCIRVngsjs/j1lxFukHhUlVjtLjdB0bd4mmFTJWUx/aBSKBdGFQIME6VoesAFaCGBewHrWR8ddcNQuL7JwN7hYU7qHizMrFQj4LFUvb7Bkchar(43)6o706GyNkh4BCUcuVcjmbGhejF08ykNubEvKW4zqo890cktJ88vxBo32cc1YJmu9Dc/5IUlIm3BdNjSABchar(43)2R9TRHZChuWg9X1a6Zdqtl8E2/Y=#ch1f1 https://www.manupatrafast.com/pers/viewdoctoc.aspx?sPath=Bare%20Acts%20and%20Rules/State/tamil%20nadu/Rules/tamil%20nadu/tamil%20nadu%20town%20and%20country%20planning%20act%201971/apascolrefechmearrul1999/ApAsColReFeChMeArRul1999.htm&col=8Vmp9ozFMb/2ISz1SdixCIRVngsjs/j1lxFukHhUlVjtLjdB0bd4mmFTJWUx/aBSKBdGFQIME6VoesAFaCGBewHrWR8ddcNQuL7JwN7hYU7qHizMrFQj4LFUvb7Bkchar(43)6o706GyNkh4BCUcuVcjmbGhejF08ykNubEvKW4zqo890cktJ88vxBo32cc1YJmu9Dc/5IUlIm3BdNjSABchar(43)2R9TRHZChuWg9X1a6Zdqtl8E2/Y=#ch1f3
8. Any person aggrieved by an order passed by any officer or authority under rule, 7 may prefer an appeal to the government within thirty days from the date of receipt of the order.
1[Provided that no appeal shall be entertained unless it is accompanied by satisfactory proof of the payment of the self-assessed regularisation fee advance.]