Consumer body calls on government to change provisions of building regulations

The Tamil Nadu Combined Development and Building Rules, 2019, which pave the way for the sale of sites set aside for public purposes, should be amended accordingly, Coimbatore Consumer Cause has urged in a letter to the Chief Minister.

The Consumers’ Association, represented by Secretary K. Kathirmathiyon, said the 2019 regulations removed the clause that required developers to set aside 10% of developments over 2,500m². of public utility, called free space reserve ground (OSR) or reserved site. Developers must donate these lands to the local organization concerned.

The rules now stated that it was not mandatory for developers to set aside 10% of land for OSR in developments up to 3,000m².

For layouts between 3,000 m². and 10,000 m², the rules allowed developers to sell the OSR after paying the indicative value or donate to the local body. And, in this, the Regulation had allowed developers to deduct the 3,000 m². of the extent of the layout, Mr. Kathirmathiyon said.

In other words, the settlement had allowed the developers to pay the monetary equivalent of the OSR land, which would not be 10% of the extent of the development but of the development minus 3,000 m². Even if the developers gave the OSR to the local body, it would only be 10% of the development area minus the 3,000 m².

This meant that the government allowed developers to pay the indicative value of the reduced OSR to sell it in full at market value.

And again, the cash equivalent of the OSR that the development proponents paid to the government would go to the land use planning department and not to the local body.

This was flawed as there would be no lung space or green cover or public purpose sites left in the developments, he further stated and pointed out that since the government framed the rules, approximately 90% of developers chose to pay guidelines to sell OSR, intended for public purpose, as residential plots.

Consequently, the Government should amend the regulation making it compulsory for developers of developments to reserve 10% of developments in reserved spaces and for all developments of more than 2,500 m².

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