Property approvals from the Directorate of Town and Country Planning (DTCP) and Chennai Municipal Development Authority (CMDA) are important and sacrosanct permissions the builder has to obtain before he can commence construction. Any anomalies in this and you can be sure that the project is going to be fraught with legal issues. Read up below and you will understand all you need to know about these approvals.
Procedure for CMDA approval
The CMDA is a designated body appointed for the sole purpose of regulating real estate developments in the Chennai Metropolitan Area through issue of Planning Permission (PP) under section 49 of the Tamil Nadu Town and Country Planning Act 1971.
The CMDA has entrusted powers to the local bodies within the Chennai Metropolitan Area to issue planning permission for ordinary buildings and buildings under normally permissible categories of industrial, residential, institutional and commercial use zones, sub-divisions and small layouts.
IT/ ITES, special and multi-storey buildings require direct permissions issued by CMDA.
The authority has set up guidelines for the execution of Planning Permission (PP) and the process is much easier now due to the streamlined procedure. It is prescribed that before a builder may commence development, it is mandatory for him to obtain PP from the CMDA. The permission is valid for
three years from the date of issue.
Permissions are granted to only those who conform to the land use for which the site has been designated under the Master Plan or the Detailed Development Plan. Once the builder has obtained approvals he must complete the project within the time prescribed in the planning permit. CMDA approvals are withheld if the CMDA finds some anomalies related to the land or deficiencies in statutory approvals.
Developers carrying out constructions without proper permissions are taken to task with the construction deemed as unauthorized. The end result of such a scenario being that either the constructions will be demolished, or there will be a stay order or it may even be sealed under the Act.
Procedure for DTCP approval
The Directorate of Town and Country Planning (DTCP) is responsible for carrying out developmental activities and to exercise control on the town planning for Chennai, its suburb and all the districts that come under its jurisdiction. The DTCP or CMDA approvals come with the clear explicit advantage of owning land that must be utilised for the purposes as defined by the planning authority; in other words it is the ease of getting approval from DTCP or CMDA for the right to build lawfully and legally. Once the builder has an approval for the said land, the building cannot be demolished, unless there are some unapproved layouts later on. A DTCP approved layout will follow the guidelines with regard to the road width or public spaces.
There are no specific size requirements of the property to get DTCP approval, however the land should be within the limit of DTCP and must fulfil the guidelines set by them.
As a buyer, you can ask for the approved CMDA or DTCP number. Typically, the builder will have it on his approved layout drawing. You can request and preserve a copy for yourself. Consult a lawyer if you have any doubts concerning the approvals from the builder. It is best advised to buyers that they must wait for the CMDA approval before deciding and purchasing a house.