TN Combined Development Rules hold the key to inclusive growth

CHENNAI: The Tamil Nadu Combined Development and Building Rules, 2019, will promote mixed income and mixed-use neighbourhoods where the poor and the rich live together resulting in creation of jobs.

The combined rules were released by Chief Minister Edapaddi K Palaniswami and Deputy Chief Minister O Paneerselvam on Monday.

Housing secretary S Krishnan said that for the first time, all rules relating to property and development were brought in a single book. A Government Order notifying the Rules was also issued by the Municipal Administration and Water Supply Department.

Krishnan said the Rules were framed after a technical committee took into account the Model Building Bye-Laws 2016 of the Government of India, National Building Code, 2016, National Urban Transit Oriented Development Policy, ease of doing business requirements, the United Nations’ New Urban Agenda 2016 and India Infrastructure Report, 2018.

The focus of the Combined Development and Building Rules is on ensuring more efficient and sustainable utilization of scarce land and availability of it to make housing affordable.

Factfile:

Decoding TN Combined Development Regulations and Building Rules, 2019:

1. All Rules relating to planning and building permit for construction and layout have been brought into single document and these rules are applicable to the entire State, except hill areas.

2. The Rules come into being from February 4, 2019. The applications in which the demand letters are yet to be issued and the applications which will be received after this day will be examined under the new rules

3. The rules aim at efficient and sustainable utilization of scarce land making housing more affordable and achieving inclusive, sustainable and denser developments.

4. The Rules have been simplified to reduce discretion and to promote voluntary compliance.

5. Obtaining a completion certificate is made obligatory for all developments excluding residential building upto 12m in height, not exceeding 3 dwelling units or 750 sq.m floor area and all types of industrial buildings.

6. To ensure compliance with approved plans and to curtail deviations in construction at the initial stage itself, inspections have been mandated during construction at the plinth level and at the last storey level.

7. To reduce the number and length of commutes, mixed use development will be promoted. Accordingly, the primary residential use zone and mixed residential use zone have been combined.

8. The special sanction provisions to permit activities in each zone, available in the Chennai Metropolitan Area, are removed to reduce discretionary decision making.

9. Provision is made to notify areas of special character such as Continuous Building Area (CBA), Economically Weaker Section (EWS) Area, Transit Oriented Development (TOD) Area in places where development plans are yet to be prepared.

Other features:

1. The planning parameters have been simplified by removing minimum plot extent requirement, plot frontage requirement, and plot coverage for many of the developments.

2. The plot extent in aquifer recharge area is reduced from 440 sqm. to 220 sqm. and plot frontage is reduced from 15m to 12m.

3. Reduction of minimum plot size will greatly help low income households and economically weaker section households obtain plan approvals and thereby avail institutional finance.

4. In sites abutting road of less than 6m, eight dwelling units will be permitted and on roads having width more than 6m, 16 dwelling units will be permitted. This will also boost development of affordable housing within cities.

5. Affordable housing is defined as a dwelling unit with 40 sqm in Chennai Metropolitan Area and 60 sqm in the rest of the state.

6. For high-rise building on sites abutting 18 m road there is no restriction on number of floors and the maximum setback for high-rise buildings is capped at 20m.

7. Minimum road width for non high-rise buildings upto 18.3m is reduced to 9m from 10m. 

8. In accordance with the National Building Code, extended basements will be permitted in high-rise buildings upto 4.5m from the boundary in the front setback and 3m from the other sides.

9. The total area required for parking in buildings is maintained at the current levels, but accounting for improved technology and greater variety in vehicles, the driveway requirement is reduced to 6m from 7m and the aisle width requirement for perpendicular parking is reduced to 6m to 4.5m.

10. In industrial and institutional developments, OSR space shall be reserved but can be maintained without gifting it to the local authority subject to supervision and monitoring that the space continues to be maintained as open space.

11. In case of layouts, half of the area reserved as public purpose plots must be gifted to the local authorities free of cost for public purpose use.

Building Rules:

A. The validity period of building permits will be modified as five years with provision of extension by another three years so as to be coterminous with the validity period of planning permissions.

B. To ensure ease of living to all, special provisions for differently abled, elderly and children have been incorporated to provide a barrier-free environment.

c. To promote environment, rain water harvesting, re-use of waste water and solar energy capture are made compulsory.

Decoding FSI: 

In line with the government’s earlier decision to increase the FSI to permit denser development and make housing more affordable, the Floor Space Index permissible for various developments has been revised upward.

1. Residential (Non-high-rise buildings)

Earlier FSI: 1.5   

Proposed FSI: 2.0

2. Commercial (Non-high-rise buildings) 1.5 2.0

Earlier FSI: 1.5

Proposed FSI: 2.0

3. Institutional

Earlier FSI: 1.5   

Proposed FSI: 2.0

4. Industrial

Earlier FSI: 1 t0 1.5   

Proposed FSI: 1.50

5. High-rise buildings in 12 m wide road

Earlier FSI: 1.5   

Proposed FSI: 2.0

6. High-rise buildings in 15 m wide road:

Earlier FSI:  1.75

Proposed FSI: 2.5

7. High-rise buildings in 18 m wide road:

Earlier FSI: 2 to 2.5   

Proposed FSI: 3.25

Premium Floor Space Index:

1. Road width: 18 metre

Earlier premium FSI (% of normally allowable FSI): 40 pc

Proposed premium FSI (% of normally allowable FSI): 50 pc

2. Road width: 12 metre below

Earlier premium FSI (% of normally allowable FSI): 30 pc

Proposed premium FSI (% of normally allowable FSI): 40 pc

3. Road width: 9 metre to below 12m

Earlier premium FSI (% of normally allowable FSI): 20 pc

Proposed premium FSI (% of normally allowable FSI): 30 pc

The rates applicable for computation of premium FSI charges:

Calculations:

A. 50% of guideline value for the excess FSI area over and above normally permissible FSI area for non-high-rise building.

B. 40% of guideline value for the excess FSI area over and above normally permissible FSI area for high-rise building.

C. Premium Floor Space Index (FSI) will be allowed free of charge for affordable housing project.

D. Premium FSI of upto 0.5 will be allowed free of cost for Information Technology (IT) developments.

E. Premium FSI for the sites located within a distance of 500m from the centre line of the corridor in case of Metro Rail (existing or proposed) shall be charged at 50 pc of normal FSI.

F. Premium FSI for TOD developments at selected locations along designated corridors will be provided at concessional rates