Property Plus
Coimbatore
Rules for apartments
Empower yourself: With apartment culture catching up in Coimbatore, it is better to know the basics.
Question: What is an apartment?
Answer: An apartment is one among several dwelling units in a building, meant for residential purpose. The building may have several floors. It shares, along with other dwellers, open space, corridor, lift, staircase, water and other amenities. Like an individual house, an apartment has a separate electricity connection and property tax assessment. But, water connection is only one and is common to all apartments.
Rules
Q: Are there separate building rules for apartments?
A: Building rules are the same as for a house. For instance, size of a room, amount of ventilation, etc., are the same. But the Development Control Rules (DCR) are different for apartment building as a whole.
DCR
Q: What DCR is used?
A: DCR 2004 of CMDA is also applicable to all Corporation areas in Tamil Nadu, with some modifications.
Q: What does DCR say for apartments?
A: When height of an apartment building is less than 15m, it is classified as a Special Building and separate rules are applicable. Or else, it is governed by multi-storeyed building rules of the DCR. Most apartment buildings normally are of height less than 15m.
Q: Where can apartment buildings come up?
A: When height is less than 15m, they can be built only along roads of width 9m (30 ft) or more. If height is more, only designated areas for multi-storeyed buildings can be used and the width of abutting roads must be at least 60 ft.
FSI
Q: What is permissible FSI (Floor Space Index)?
A: Maximum built up area (FSI) is limited to 1.50 times area of site. If cellar or stilt level vehicle parking is provided, it can be extended to 1.80. If height is 15m or more, maximum FSI is 2.50.
PC
Q: What is maximum Plot Coverage (PC)?
A: Maximum PC is 65 per cent. If height is 15m or more, maximum is 50 per cent.
Q: I have a site that is not on a 30 ft road but gains access from it, can I build an apartment building on this site?
A: Yes, you may. It is essential the access is ‘exclusive’ to your site and the width of access is at least 3.60 m (12 ft); width access is required when its longer.
Q: My site is on a road less than 9m wide but I am willing to leave space in front of my site to make road width 9m. Can I then build an apartment building?
A: No.
Q: The site I have is on a 24 ft side road but only about 90 m from the main road of 60 ft width. Will I be allowed to build an apartment building?
A: No. The side road is not exclusive to your site.
Q: Width of road in front of my site is 8.5m on one end and 9.5m at the other end. Can I build an apartment building?
A: Yes, you may. Width of road is an average measurement and in this case it is 9m. Provided the general road width is 9m.
Q: How much open space should be left around a normal apartment building?
A: On the front side, minimum 3.5 m; if road width is 15 m or less 4.5 m; if above 15 m and below 30 m 6.0 m; if above 30 m on the rear side minimum 3.5 m; if depth of site is 15m or less 4.0 m; if above 15m and below 30m 4.5 m; if above 30 m on each side, minimum one third (1/3) the height of the building or 3.5m whichever is more. When height of building is 15m or more, minimum space on each side is 7m.
Licence
Q: Can Corporation or Panchayat, on their own, issue Licence to an apartment building?
A: No. Planning Permission from Director of Town & Country Planning, Chennai is a pre-requisite for issuance of a Licence. If height of building is 15m or more, then permission from Secretary to State Government and GO are also required.
Q: I have a site in an unapproved layout, but regularised by Corporation recently. Can I propose to build an apartment building?
A: Yes. Provided all other conditions, as above, are satisfied.
Q: Can upper floors be built with projections over the side open space?
A: No. Open space should be left open to sky. However, balconies may project by upto 60 cm.
Sale
Q: How is a new apartment sold?
A: A Sale Agreement with payment details and any other conditions is made initially but not registered. On mutual convenience, the seller registers a Sale Deed on a piece of land corresponding to the built-up area of the apartment purchased (undivided share). A Construction Agreement is also made with the seller but not registered. The construction agreement is important since it contains specifications of the materials and layout of the apartment.
Area
Q: What is super built-up area?
A: Physical floor area of the apartment plus a share of built-up area common to all other apartments, like corridor, lift and staircase space etc. But, cellar or stilt car parking and roof area are not included. Total built-up area that is saleable is given in the approved plan of the apartment building.
Undivided share
Q: What is undivided share of land?
A: Total Area of Site multiplied by Super Built-up Area of apartment divided by Total Built-up Area as per approved plan.
Q: What is carpet area of an apartment?
A: The physical floor area inside an apartment. This does not include thickness of walls. Whereas built-up area of apartment includes wall thickness.
Q: When is an apartment handed-over?
A: The purchaser may take possession of the apartment on mutual consent with the seller, whether or not amenities are completed.
Documents
Q: What documents are to be provided by the seller on handing-over?
A: A No Dues Certificate, Electricity Service Card and Property Tax Assessment book of the Corporation are essential. It is important to ensure the Card and the Tax Book are in the name of the purchaser and no penalty on tax is entered. Penalty would mean a part or whole of the building is built in deviation of the approved plan, or without any approval at all.
Facilities
Q: How are water supply, drainage and common amenities provided after handing-over?
A: These are looked after by all the owners and dividing the expenses. An Association of owners in line with Tamilnadu Apartment Owners Act 1999 is formed to protect the interests of owners especially from the sellers.
Deed
Q: What is Deed of Apartment mentioned in the Act?
A: The Deed would mention clearly the share of the ownership of the apartment in relation to the total licensed area of the built-up area, among many other details. This share would also indicate sharing of responsibilities along with all other owners. This Deed is supposed to be registered but this practice is not in force at the moment.
Associations
Q: How is an Association formed?
A: Either the promoter or a group of owners may form an Association. The promoter shall transfer to the Association all deposits collected from owners, and hand over original documents connected with the apartment building.
Q: Should the Association be registered?
A: It is advisable to register with Registrar of Societies.
Disconnection
Q: Can an Association disconnect water, electricity or other services to an apartment?
A: No. Even if the monthly maintenance charges are in arrears, Association cannot cut any facility enjoyed by a resident.
Technical Convenor, Association of Licensed Building Surveyors, Coimbatore.
S.KANAGASUNDARAM
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