Owning a piece of land is a dream for any Indian. Having the chance to purchase one suitable for building a home is an even bigger one. Due to the increased number of unapproved plotted developments and layouts without basic amenities and proper infrastructure, it has become a challenge of sorts. Cleansing the real estate market with policy initiatives is the key to regularise this market and Tamil Nadu has aptly done so by way of its recent regularisation scheme. As the first step towards arresting the rampant conversion of agricultural land use to residential layouts without any support or basic infrastructure as per norms, on September 9, 2016, the Madras High Court had banned the sale and resale of unapproved housing plots and layouts in Tamil Nadu. However, considering various consequences, the court had on March 28, 2017, relaxed its previous order and permitted registration authorities to register unapproved plots that had already been sold. The State government passed an order dated May 4, 2017 notifying the rules for regularisation of unapproved plots and layouts.
Eligibility for regularisation
According to the notification, in exercise of powers conferred by section 113 of the Town and Country Planning Act (Tamil Nadu Act 35 of 1972), unapproved layouts where a part or full number of plots have been sold through a registered sale deed as on October 20, 2016 shall be considered for regularisation under these rules as well as all unsold ones in the layout are also eligible.
An individual plot in a sub-division registered by a sale or title deed as on October 20, 2016 shall also be eligible for regularisation.
Guidelines and restrictions
There are different guidelines for a layout, an individual plot in a layout or division, layouts with sale of below one-third, one-third above up to two-third and more than two-third of total number of plots as mentioned in the government order. The general guidelines for regularisation are:
- The individual plot in a layout or sub-division should have been sold or transferred in favour of the applicant
- The unapproved layout shall be a contiguous piece of land
- The plot shall abut a public road or gain access from a public road through a passage
- The layout should have public road of minimum width of 4.8 metre in case of municipal corporations and municipalities and 3.6 metre in case of town and village panchayats
The plots or layouts restricted for regularisation are those located in a public water body, poramboke land, OSR, park and playground in approved layout, plots blocking the access to surrounding properties, lands affected by the alignments of proposed road or rail corridors and street alignment, encroachment areas and those below the high tension lines or similar nature.
The competent authority in Chennai Metropolitan Area is the member secretary, CMDA and in other areas is the respective member secretaries of the Local Planning Authorities or Regional Planning Authority. Here’s the detailed procedure:
1. Submission of application on-line in Form-I: All eligible individuals/promoters should have submitted the application for regularisation.
2. Physical inspection and examination: The competent authority shall certify that the plot forms part of a sub division and not a layout before the regularisationafter inspection.
3. Issue of payment demand notice: If the plot is found regularisable, a demand notice for payment of regularisation charges, development charges and open space reservation charges shall be issued
4. Payment of fees and charges: The applicant is liable to pay all the charges and fees to the as per the demand notice within thirty days.
On receipt of the charges, the competent authority shall issue the regularisation order along with a copy of plan showing the plot regularised
Documents required
For the regularisation of an unapproved layout:
- Submission of fFive copies of layout plan and details: The details are address, clear demarcation of plot dimensions, access road and road width, dimensions of public open spaces, public purpose plots and highlighting the sold plots in the layout before the commencement of these rules
- Submission of Topographic layout: The details to be shown are the public access road, width of the access road and the surrounding physical features within a radius of 500 meters from the layout
- Submission of Encumbrance Certificate (EC): EC issued by the Registration Department not more than a week before the date of application
- Submission of Self-attested tabular statement of sold and unsold plots: The details to be furnished under are plot number, dimensions and its extent, date of sale, document number, name of the purchaser as mentioned in the encumbrance certificate in case of sold unit
- Submission of Self-attested copy of sale deed or title deed: The details of land ownership
- Submission of Other land records: Latest patta, Permanent Land Records (PLR) or Town Survey Land Records (TSLR) and Field Measurement Book (FMB) sketches for the survey fields covered in the layout (in case applicant has not obtained, then, in favour of the previous owner of the land shall be furnished)
- Submission of a Self-declaration in Form-II: This is to the effect that the layout does not fall under Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Tamil Nadu Act 24 of 1978) and the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961);
For the regularisation of an unapproved individual plot:
- Submission of Three copies of layout plan and details: Site plan with dimensions of the plot or sub division as per the patta or Field Measurement Book (FMB) sketch, and the width of the access road with duly signed
- Submission of Layout plan: With details showing the plot proposed for regularisation, dimensions of the plots, road network, width of the roads, dimensions of public open spaces and public purpose plots along with survey field numbers of the village covered by the layout;
- Submission of Topographic layout: same as unapproved layout requirement
- Submission of Self-attested copy of sale deed or title deed
- Submission of Other land records: same as unapproved layout requirement
- Submission of Encumbrance Certificate (EC) : same as unapproved layout requirement
- Submission of No objection certificate or status report: In case of plot falling in agriculture land, a certificate or status report from the Tahsildar that the layout is not obstructing the waterways on the common field irrigation channels on the ground and flood level or inundation status (in case of individual plot)
- Submission of a Self-declaration in Form-II for both unapproved layout and plot: This is to the effect that the layout does not fall under Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (Tamil Nadu Act 24 of 1978) and the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Tamil Nadu Act 58 of 1961).
The writer is National Director & Head of Operations – Strategic Consulting, JLL India
