CHENNAI: The Tamil Nadu Apartment Ownership Act, which came into force from March 6, 2024, remains toothless when it comes to redevelopment of apartment complexes. The delay by the government in forming the rules has left buildings that await redevelopment in limbo as there is no clarity on guidelines for the process.
The Bill Tamil Nadu Apartment Ownership Act, 2022 was introduced by S Muthusamy, minister for housing and urban development, in the assembly in 2022. President Droupadi Murmu on Dec 15, 2022, gave assent to repeal and re-enact the Tamil Nadu Apartment Ownership Act, 1994.
The state housing and urban development department issued a gazette notification stating that the Act shall come into force from March 6. However, it remains ineffective as the rules have not yet been introduced more than a year after the Act received assent.
“Rules should have accompanied the notification. Sections pertaining to redevelopment, functioning of apartment associations among others will be ineffective till guidelines are issued,” said K P Subramanian, urban planning expert.
The lack of rules has marred redevelopment of many apartment complexes across the city and state, which are more than 30 years old. “Many buildings in the city are awaiting redevelopment. Without the rules it will be hard to carry out the projects. We need to know the process for taking the project forward when a section opposes it,” said Builders Association of India committee chairman (municipal and DTCP) S Ramaprabhu.
Even though the Act states that permission from 2/3rd residents is sufficient for demolishing and redeveloping the buildings, there is no clarity on the provisions/legal remedy for the remaining residents who are against the move.
“This should be clarified through the rules/guidelines. Without this clarity, developers cannot proceed. No builder will take up the project unless there is unanimity among the residents. This is because the project may get stalled if people move court,” said V S Jayaraman of T Nagar residents welfare association.
Residents’ association suggested that the government should seek views of the residents/apartment associations on rules before they are finalized. “A stakeholder meeting should be held,” said J M S Nagarjunan, general secretary of Alliance of Residents Welfare Associations.
