Framework Established for Redevelopment of 30-Year-Old Buildings in Tamil Nadu
The redevelopment of 30-year-old buildings in Tamil Nadu that had been stalled due to resistance from a small group of residents has now received a major boost. The housing and urban development department introduced new rules on September 24, which strengthen the Tamil Nadu Apartment Ownership Act that came into effect on March 6.
Rules for Association Formation
According to the newly introduced rules, apartment owners are required to establish an association, create by-laws, and register the association. A minimum of four apartment owners is necessary to form the association. This move aims to ensure better coordination and decision-making among the apartment owners for the redevelopment process.
Each association will have a board of managers, responsible for overseeing the redevelopment project. In cases where multiple towers exist on a property, the associations can form a federation. The president and treasurer of each association will serve as members of the federation, ensuring effective communication and collaboration between the different associations.
Resolution and Consent Process
A housing and urban development official emphasized that a resolution is essential for initiating the redevelopment process. The board of managers must convene a special general meeting either on its own initiative or upon request from one-fourth of the apartment owners.
Once the resolution has been passed, the association, with the written consent of at least two-thirds of the apartment owners in the project, is required to notify the chief planner of the Chennai Metropolitan Development Authority or thelocal planning authority about the decision to redevelop the project. This ensures a transparent and accountable redevelopment process.
Protection Against Unfair Practices
To safeguard the interests of all apartment owners, the rules also address the issue of obtaining consent for redevelopment. If any apartment owner is dissatisfied with how consent was obtained, they have the right to file an objection with the relevant authority within 30 days. The authority will then review the objection and issue necessary directions to the association if any issues with the consent process are found.
However, if the appropriate authority certifies that the building is in a dilapidated condition or poses a danger to the occupants or others, the association must convene a meeting to pass a resolution. This resolution will involve engaging a promoter or consultant to prepare a detailed redevelopment report, which will then be submitted to the association for approval.
A New Chapter for Redevelopment
With the establishment of this framework, the redevelopment of 30-year-old buildings in Tamil Nadu is set to enter a new stage. The comprehensive rules for association formation, resolution process, and consent protection ensure a transparent, systematic, and fair approach towards redevelopment.
By encouraging association formation, the rules enable apartment owners to collaborate and work towards transforming their aging buildings. With proper decision-making procedures and the option to seek professional help in the redevelopment process, these initiatives create a favorable environment for smooth and efficient redevelopment projects.
This development reflects the government’s proactive approach towards infrastructure and urban development in Tamil Nadu, fostering growth and modernization in residential communities. It is a significant step towards revitalizing outdated buildings, ensuring the safety and well-being of occupants, and creating a more vibrant and sustainable living environment for all.
