• Regularising flat in Chennai

I have a duplex flat in Chennai - 6th & 7th floor of the building. The flat was built in 2006. 6th floor had CMDA approval, while the 7th floor did not. The house has a 40 feet adjoining road.  I believe that, in 2009 premium FSI was introduced. Also, CMDA came up with a regularisation scheme for buildings built before 2007.

My question is, under which scheme can I get it regularized?

What is the procedure to get this regularization done?
Asked 12 months ago in Property Law from Chennai, Tamil Nadu
Religion: Hindu
1)if construction is un authorised flat can be demolished by muncipal corporation 

2) you  have to apply for regularisation of flat by paying penalty if permitted by CDMA 

3) apply under Section 113C of the Tamil Nadu Town and Country Planning Act, 1971.

4)  The completed applications should be accompanied with building plans, ownership details, earlier approved plans if any, patta and  property tax working sheet detailing the  number of floors and built up area of the building which was in existence on or before July 1, 2007
Ajay Sethi
Advocate, Mumbai
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This needs to be answered by a Chennai based lawyer who is well versed with the local rules and circulars. The process of regularization would begin by applying to the civic authority. If penalty has been prescribed it would have to be paid.
Ashish Davessar
Advocate, Jaipur
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The relevant building rules are required to be seen. the building rules differs in every state and in every city. Someone hailing form Chennai would be in better position to help you further.
Devajyoti Barman
Advocate, Kolkata
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The Chennai Metropolitan Development Authority on Wednesday invited applications for regularisation of buildings built before July 2007 under Section 113C of the Tamil Nadu Town and Country Planning Act, 1971. Buildings with road or street-width violation not exceeding 20 per cent, front/rear/side setback violations not exceeding 50 per cent and floor space index not exceeding 50 per cent were eligible for regularisation under the scheme, subject to satisfaction of other planning parameters and government guidelines.
Applications would be processed as per rules in force on July 1, 2007. The completed applications should be accompanied with building plans, ownership details, earlier approved plans if any, patta and  property tax working sheet detailing the  number of floors and built up area of the building which was in existence on or before July 1, 2007.
You can apply for regularisation.
T Kalaiselvan
Advocate, Vellore
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