Introduction
Navigating the complexities of property transactions in Tamil Nadu can be challenging, especially when it comes to obtaining DTCP (Directorate of Town and Country Planning) approval for non-approved plots. This guide will provide you with a step-by-step process for regularizing your plot under the latest regulations.
1. Background: The High Court Ban on Non-Approved Plots (2016) In October 2016, the Madras High Court imposed a ban on the sale and registration of Panchayat-approved, NOC, and non-approved plots. This ruling halted all transactions involving non-approved plots until 2017, creating a significant backlog for real estate developers and plot owners.
2. Government Regularization Order (2017) In response to pleas from stakeholders, the Tamil Nadu government issued G.O. No. 78 in 2017, allowing for the regularization of previously non-approved plots. This order provided a much-needed pathway for owners and developers to legitimize their properties.
3. Amendments to the Regularization Policy Recognizing that the original regularization fees were perceived as excessive, the government amended the order to better reflect public and industry expectations, thus encouraging more applications for regularization.
4. Regularization Deadlines The DTCP has set multiple deadlines for regularization applications, announcing them three times to date. As many layouts remain unregularized, further deadlines are anticipated.
5. Understanding Regularization Types There are two main types of regularization:
- Promoter Regularization: Applicable when the developer seeks to regularize unsold plots within a layout.
- Individual Plot Regularization: For individual plot owners applying for regularization of their specific plots.
6. Key Differences Between Promoter and Individual Regularization Promoters can regularize entire layouts, whereas individual owners can only apply for their specific plots, thus necessitating a clear understanding of the process for both parties.
7. Preliminary Consultation Before proceeding, plot owners should consult the DTCP office to confirm if their plots are in restricted areas, such as near water bodies or hills, and to check their eligibility for regularization.
8. Online Application Process Plot owners must apply for regularization online at www.tnlayouts.com, selecting the appropriate option for DTCP or CMDA approval. The application fee is ₹500 per plot.
9. Engineer-Certified Layout Plan It is essential to hire a qualified engineer to prepare a detailed layout plan that accurately reflects the plot. The plan must conform to government survey numbers and be submitted in A3 size with three blueprint copies.
10. Document Notarization All necessary documents, including Patta, Chitta, A-register, and survey maps, must be notarized by a lawyer to ensure their legitimacy.
11. Patta Requirement The plot must be registered in the owner’s name, at least on a joint Patta. If this is not done, the VAO may delay the regularization process.
12. Application Submission After preparing the layout plan and notarized documents, submit the application to the DTCP office. The DTCP will then forward it to the local Panchayat or Municipality for further processing.
13. Paying Regularization Fees Once the application is forwarded to the local authority, the owner must pay the requisite regularization fees to move forward with the process.
14. Approval Process Following fee payment, the documents will be returned to the DTCP office, where the layout will receive a DTCP seal and approval number, finalizing the regularization process.
15. Avoiding Common Missteps In regions like Coimbatore and Tiruppur, local authorities may issue temporary approvals without fully processing applications through the DTCP. This can lead to misconceptions about having obtained DTCP approval.
16. Verifying Framework Approvals When purchasing plots in a layout, it’s crucial to ensure that the entire layout has a framework approval from the DTCP. Without this, obtaining individual plot approvals may become problematic.
17. Promoter’s Framework Approval Promoters must first secure framework approval before they can regularize the remaining plots and dedicate necessary public spaces to the government.
18. Public Dedication Requirement If public spaces, such as roads or parks, need to be handed over to the government, the promoter must ensure these areas are dedicated according to regularization norms.
19. Sale Certificate and Regularization In instances where properties are sold via Sale Certificate (such as auctions), buyers must file the certificate within four months at the Sub-Registrar’s office to validate the sale.
20. Common Misunderstandings of Regularization Many believe that paying the Panchayat fees completes the regularization process; however, without the final DTCP approval, the process remains incomplete.
21. Importance of Verification Always verify whether a promoter’s layout has received DTCP approval before making a purchase, as unapproved layouts could encounter future legal issues.
22. Avoiding Reliance on Middlemen New real estate entrepreneurs should steer clear of relying on middlemen who may promise to expedite the approval process unofficially. Adhering to the proper process will lead to a smoother experience and minimize legal complications.
Conclusion
Understanding the process of obtaining DTCP approval for non-approved plots is crucial for ensuring legal compliance and securing property investments in Tamil Nadu. By following the outlined steps and being mindful of common pitfalls, plot owners can successfully navigate the regularization process.
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