Rules for Tamil Nadu apartment ownership act rolled out
If the authority is not satisfied with the manner in which consent for redevelopment was obtained, it will issue necessary directions to the association. If due process has been followed, the objection will be rejected. "However, if the appropriate authority has certified that the building is in a ruinous condition or it may endanger the lives of the occupants or any other person, the association shall convene a meeting and pass a resolution for engaging a promoter/consultant for preparation of a detailed redevelopment report and to submit the same to the association for its approval," said the official. The redevelopment report should include details such as carpet area, alternative accommodation or rent payment, security deposit, vacant area, garden, parking, building specifications, common areas, recreation facilities and amenities to be provided to the apartment owners, required approvals/permissions from all statutory bodies, time-limit for completion of the redevelopment project, and other necessary matters. The association must then obtain written consent from at least two-thirds of the apartment owners for the redevelopment agreement. The association will enter into an agreement with the promoter and submit the redevelopment scheme to the authority within thirty days of execution. "The authority shall verify the same and authorise the redevelopment scheme and within 90 days the promoter and the association shall register the redevelopment scheme. For redevelopment schemes, the stamp duty and registration fee shall be as applicable on joint development agreement," said the official. Within 30 days of receiving the copy of the redevelopment scheme, the association must serve notice to all apartment owners and occupants to hand over vacant possession of the apartment to the promoter. "If any person does not vacate or refuses to hand over vacant possession of the apartment, the association shall approach the respective authority. If any person resists or obstructs the authority, police protection will be sought for evicting the person," the official added. Once the redevelopment project is completed, the association will hand over the redeveloped apartments by issuing handover certificates. The planning authorities are required to create an online system for submitting applications.