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Section 5: Guidelines for exemption

Guidelines for the Exemption of Buildings, 2017State Rules of Tamil Nadu · 1971

The following shall be the guidelines for exemption of any building or class of building developed on or before the 1st day of July 2007 and deviated from all or any of the provisions of the Act or any rule or regulation made thereunder:-

(i) The developments considered for exemption:-The developments considered for exemption shall be in conformity with the following Acts/regulations prevailing as on the date of notification of these guidelines:-

(a) The civil Aviation Regulations of the Ministry of Tourism and civil Aviation, under the Aircraft Act, 1934 (central Act XXII of 1934).

(b) The Ministry of Defence Regulations for developments in the vicinity of the Air Force stations within 100 metres around areas notified under the works of Defence Act, 1903 (Central Act 7 of 1903)

(c) The Tamil Nadu Nuclear Installations (Regulation of Buildings and Use of Land) Act, 1978, Tamil Nadu Act 16 of 1978)

(d) The coastal zone Regulations of the Ministry of Environment and Forest under the Environment (Protection) Act, 1986 (central Act 29 of 1986).

(e) The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (central Act 24 of 1958).

(f) The Tamil Nadu Ancient and Historical Monuments and Archaeological Sites and Remains Act, 1966 (Tamil Nadu Act 25 of 1966)

(g) Developments in a site within 15 metres from the water body subject to the conditions imposed by the Public Works Department or Executive Authority of the local body, as the case may be.

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(h) Any development or regularization shall conform to the rules 79 and 80 of the Indian Electricity Rules, 1956 in respect of clearance from high tension and extra high voltage lines.

(ii) The following shall not be considered for exemption:-

(a) Building with any encroachment including aerial encroachment on to a public road or street or any Government/local authority owned lands including water bodies, open spaces reserved as parks and play grounds in Master Plan or Detailed Development Plan or new town development plan or approved layouts and notified under:

(i) the Tamil Nadu Parks, Play-Fields and Open Spaces (Preservation and Regulation) Act, 1959,

(ii) buildings in Government lands including water bodies, land acquired under the Land Acquisition Act, 1894 (central Act I of 1894) or Right to Fair compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (central Act 30 of 2013)

(iii) the Tamil Nadu Highways Act, 2001 (Tamil Nadu Act 34 of 2002)

(iv) the Tamil Nadu Acquisition of Land for Harijan Welfare Schemes Act, 1978 (Tamil Nadu Act 31 of 1978) or any other land acquisition laws for the time being in force and the lands affected by the erstwhile Tamil Nadu Urban Land (ceiling and Regulation) Act, 1978 (Tamil Nadu Act 24 of 1978)

(v) the Tamil Nadu Land Reforms (Fixation of ceiling on Land Act, 1961 (Tamil Nadu Act 58 of 1961)

(b) The building in a filled up tank or low lying or made up of soil by depositing rubbish or offensive matters and the proposal is likely to be affected by dampness owing to the sub-soil water, subject to ameliorative measures as may be prescribed by the Public Works Department.

(c) Hazardous activities or hazardous industries including storages of hazardous materials like inflammable materials, chemicals, gas, etc. in a zone other than the special and hazardous industrial use zone.

(d) Developments in a site within 500 metre radius from the boundary line of the Reserve Forest in the areas covered under the Tamil Nadu Town and country Planning Act, 1971 (Tamil Nadu Act 35 on 1972) shall be subject to the compliance, in toto, of the norms prescribed in the Forest conservation Act and Wild Life Protection Act.

(e) Aquifer Recharge Area/Redhills catchment Area of chennai Metropolitan Planning Area.

(iii) Parking requirements:-

(a) Parking shortfall will be condonable on payment of charges prescribed. However, for Multi-storied Buildings above 17.25 m, atleast 50% of the parking shall be provided onsite or offsite and for the balance shortfall upto 50%, charges shall be collected as prescribed.

(b) Wherever feasible, the applicant can comply with the parking requirements by way of mechanical parking.

(iv) In cases where the construction has been made in violation of land use zone, the applicant cannot make any additional construction in future and has to give an undertaking to that effect.

(v) The building shall comply with the minimum requirements of Fire and Life Safety measures as given in Annexure-II.

(vi) The building shall comply with the minimum structural stability requirements as given in Annexure-III.

(vii) The school buildings shall be considered for regularization, irrespective of number of floors subject to compliance of structural stability norms and fire and life safety measures.

(viii) Lifeline buildings as defined in Annexure-IV shall conform to the Bureau of Indian Standard codes related to earthquake resistance with reference to the provisions like importance factor 1.5 as stipulated in Indian Standard code, 1893, etc. For other buildings, the applicant shall give an undertaking that the building is in conformity with design documents including earthquake resistance based on zonal classification in addition to the structural stability certificate issued by the registered structural engineer.

(ix) The Architect and Registered Structural Engineer engaged by the applicant shall give a certificate specifying the violations of planning parameters and stability aspects of the building as per the prescribed format in Annexure-V and VI respectively.

(x) Filing an application for exemption under these regulations will not in any way prevent the officials from taking action under any of the provisions of the Act, unless otherwise ordered so by the competent authority.

Where this provision sits

ActGuidelines for the Exemption of Buildings, 2017
Section5
Marginal noteGuidelines for exemption
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

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