Tamil Nadu's apartment law lacks teeth sans rules

18 Mar 2024 CW Team

The Bill introducing the Tamil Nadu Apartment Ownership Act, 2022, was presented by S Muthusamy, the Minister for Housing and Urban Development, in the assembly in 2022. President Droupadi Murmu assented to the repeal and re-enactment of the Tamil Nadu Apartment Ownership Act, 1994, on December 15, 2022.

According to a gazette notification issued by the state housing and urban development department, the Act was scheduled to come into effect on March 6. However, its implementation remains ineffective due to the absence of rules, even more than a year after receiving assent.

It was expected that rules would accompany the notification. Sections concerning redevelopment and the functioning of apartment associations, among others, will remain ineffective until the issuance of guidelines, stated urban planning expert K P Subramanian.

The absence of rules has hindered the redevelopment of numerous apartment complexes across the city and state, many of which are over 30 years old. Several buildings in the city are in need of redevelopment. Without the rules, executing these projects will be challenging. We require clarity on the process for advancing the project, especially when faced with opposition from certain sections, explained S Ramaprabhu, chairman of the Builders Association of India committee (municipal and DTCP).

Despite the Act stipulating that permission from two-thirds of residents is adequate for demolishing and redeveloping buildings, there remains ambiguity regarding provisions or legal recourse for residents who oppose such actions. This aspect should be elucidated through rules or guidelines. Without such clarity, developers cannot proceed. No builder will undertake the project unless there is consensus among residents, as the project could face legal challenges, emphasised V S Jayaraman of the T Nagar Residents Welfare Association.

The Tamil Nadu Apartment Ownership Act, which was enacted on March 6, 2024, appears ineffective in addressing the redevelopment of apartment complexes. The delay in formulating the associated rules by the government has left buildings awaiting redevelopment uncertain, as there is a lack of clarity regarding the guidelines for the process. The Bill introducing the Tamil Nadu Apartment Ownership Act, 2022, was presented by S Muthusamy, the Minister for Housing and Urban Development, in the assembly in 2022. President Droupadi Murmu assented to the repeal and re-enactment of the Tamil Nadu Apartment Ownership Act, 1994, on December 15, 2022. According to a gazette notification issued by the state housing and urban development department, the Act was scheduled to come into effect on March 6. However, its implementation remains ineffective due to the absence of rules, even more than a year after receiving assent. It was expected that rules would accompany the notification. Sections concerning redevelopment and the functioning of apartment associations, among others, will remain ineffective until the issuance of guidelines, stated urban planning expert K P Subramanian. The absence of rules has hindered the redevelopment of numerous apartment complexes across the city and state, many of which are over 30 years old. Several buildings in the city are in need of redevelopment. Without the rules, executing these projects will be challenging. We require clarity on the process for advancing the project, especially when faced with opposition from certain sections, explained S Ramaprabhu, chairman of the Builders Association of India committee (municipal and DTCP). Despite the Act stipulating that permission from two-thirds of residents is adequate for demolishing and redeveloping buildings, there remains ambiguity regarding provisions or legal recourse for residents who oppose such actions. This aspect should be elucidated through rules or guidelines. Without such clarity, developers cannot proceed. No builder will undertake the project unless there is consensus among residents, as the project could face legal challenges, emphasised V S Jayaraman of the T Nagar Residents Welfare Association.

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