Chennai
The Real Estate (Regulation and Development) Act, 2016 (RERA) was introduced by the Indian government to protect homebuyers and bring transparency to the real estate sector. Tamil Nadu, like all states, has its own RERA authority and rules to regulate property development and safeguard the rights of buyers and residents. For Resident Welfare Associations (RWAs) in Chennai, knowing how RERA applies to your society is crucial for protecting your rights and managing builder relations effectively.
What is RERA & why does it matter to RWAs?
RERA aims to ensure that builders follow through on their promises, complete projects on time, and maintain quality standards. While it is primarily aimed at buyers, RWAs are directly impacted because they represent the community that will live in these developments. The Act empowers RWAs by giving them the right to demand proper handover, quality maintenance, and legal recourse in case of disputes.
- RERA mandates transparency from builders, requiring them to register projects and provide accurate status updates.
- It holds builders accountable for timely completion and defect-free delivery.
- It gives RWAs the legal authority to seek redressal for incomplete or defective common areas.
For Chennai RWAs, this means more control over your community’s living conditions and legal protection against builder negligence.
Role & power of Tamil Nadu RERA authority
The Tamil Nadu Real Estate Regulatory Authority (TNRERA) is the state agency responsible for enforcing RERA rules. Their main functions include:
- Regulating real estate projects registered under the Act within Tamil Nadu.
- Ensuring builders comply with legal timelines and disclosure norms.
- Acting as a quasi-judicial body to resolve disputes between homebuyers, RWAs, and developers.
- Monitoring adherence to the defect liability period and handover procedures.
Builders must register projects on the TNRERA portal before selling any units, ensuring accountability and consumer protection.
How does RERA impact RWAs in Chennai?
1. Formation & handover of RWAs
Once a project is ready for possession, developers must facilitate the formation of an RWA and hand over all common areas, facilities, and documents related to the project. This is critical because:
- RWAs need possession of common areas like gardens, lifts, parking, and clubhouses to manage and maintain them.
- The defect liability period (usually 1 year) requires builders to fix any issues that arise post-possession.
- Developers must hand over all essential documents, such as Occupancy Certificates, Completion Certificates, building plans, and approvals to the RWA.
If developers delay or refuse handover, RWAs can file complaints with TNRERA to enforce compliance.
2. Defect liability & builder responsibility
During the defect liability period, it is the builder’s responsibility to repair structural defects, leaks, electrical faults, and other issues at no cost to residents. RWAs should:
- Document all defects and notify the builder promptly.
- Request repair timelines and follow up regularly.
- Escalate unresolved issues to TNRERA for legal intervention if necessary.
This legal framework helps RWAs ensure the quality and safety of their buildings after possession.
3. Transparency & information access
RERA mandates that developers provide detailed information about the project on the TNRERA portal, including:
- Registration details and approval status.
- Sanctioned building plans and layouts.
- Timeline for project completion.
RWAs can use this information to verify builder compliance and prevent illegal or unauthorized constructions within their societies.
4. Dispute resolution mechanism
TNRERA serves as an effective forum for RWAs to resolve disputes with developers, including issues like:
- Delayed handover of possession or common areas.
- Defective construction or amenities.
- Unauthorized modifications or deviations from approved plans.
Complaints can be filed online, and TNRERA aims to resolve cases faster than traditional courts. Appeals against decisions can be taken to the Appellate Tribunal.
Practical tips for RWAs under RERA
To make the most of RERA protections, RWAs should:
- Register your society under the Cooperative Societies Act or the Tamil Nadu Apartment Ownership Act promptly after possession.
- Collect and preserve all project documents from the developer, including agreements, approvals, and certificates.
- Educate residents about their rights under RERA and encourage reporting of defects or builder defaults.
- Maintain regular communication with the developer during the defect liability period to ensure timely repairs.
- Use the TNRERA website to verify builder registration, project status, and file complaints if needed.
RERA has transformed how real estate projects and RWAs operate across Tamil Nadu. For Chennai RWAs, understanding these guidelines is critical to protecting your community’s interests, ensuring builder accountability, and maintaining a safe, well-managed living environment.
If your RWA encounters delays, poor workmanship, or documentation issues, don’t hesitate to leverage TNRERA’s powers. It’s a valuable tool designed to empower you and your society.
Every housing society or apartment community in Chennai operates within a legal framework set by the Tamil Nadu government. At the heart of this framework lies the Tamil Nadu Cooperative Societies Act, 1983, and its accompanying Rules of 1988. Whether you are forming a new Resident Welfare Association (RWA) or managing an existing one, understanding this Act is essential to ensure compliance, transparency, and smooth governance.
What is the Tamil Nadu Cooperative Societies Act?
The Tamil Nadu Cooperative Societies Act, 1983, is the law that regulates the formation, management, and dissolution of all cooperative societies in Tamil Nadu, including housing societies. It defines:
- How a society is registered
- The powers and duties of the managing committee
- Member rights and liabilities
- Election procedures for office bearers
- Audit and compliance requirements
- Penalties for non-compliance
For RWAs, this Act provides the foundation for how to run day-to-day affairs, conduct elections, handle finances, and maintain order within the community.
Why is it important for RWAs in Chennai?
In cities like Chennai, RWAs often act as the backbone of community living. They manage maintenance funds, security, and amenities, and coordinate with government departments like Greater Chennai Corporation (GCC) and CMWSSB (Chennai Metro Water Supply and Sewerage Board).
Following the Cooperative Societies Act ensures:
- Legal recognition of your society.
- Protection against disputes with members or builders.
- Eligibility to access government schemes and financial benefits.
- Transparent operations that foster trust among residents.
How to register a Housing Society in Chennai
Registration of a cooperative housing society (or RWA) in Chennai is done with the Registrar of Cooperative Societies. Here’s the process:
- Application submission:
Fill Form I (application for registration) with details like society name, address, objectives, and list of founding members. - Prepare bylaws:
Draft the society’s by-laws, covering membership criteria, maintenance rules, elections, and penalties. - Submit required documents:
- Copy of bylaws (signed by all members).
- Address proof of the society.
- Identity proof of office bearers and members.
- Proof of ownership of the land/building (from builder or developer).
- Pay registration fees:
Registration fees typically include a nominal society registration fee (around ₹5,000 – ₹6,000) and document charges. - Approval and certificate:
Once approved, the society receives a Certificate of Registration along with the registered by-laws.
Management committee & elections
The Act defines how an RWA’s managing committee must function.
Key rules:
- A committee usually consists of President, Vice-President, Secretary, Treasurer, and 5–9 executive members.
- Elections are to be held every 3–5 years, depending on the by-laws.
- The Tamil Nadu Cooperative Election Commission supervises elections in case of disputes or irregularities.
- A quorum (minimum number of members) is required to validate election meetings.
Always issue written election notices and maintain proper minutes of meetings. These are legally required.
Audit and financial compliance
Under the Act, every housing society must conduct an annual audit.
Key financial compliance steps include:
- Preparing an income and expenditure statement for the financial year.
- Passing the audited accounts during the Annual General Meeting (AGM).
- Submitting audit reports to the Registrar’s office.
Failure to conduct audits or submit reports can lead to penalties or government intervention.
Member rights & responsibilities
The Act empowers society members with specific rights:
- The right to vote during elections.
- The right to inspect records and accounts.
- The right to challenge unfair decisions of the managing committee.
It also defines member responsibilities, like paying maintenance charges on time and following society rules.
In extreme cases, the Act allows the expulsion of a member if:
- They repeatedly violate rules.
- Engage in activities harmful to society.
- Fail to pay dues despite repeated notices.
However, such actions require a two-thirds majority vote in the general body and proper documentation.
Special officers & dissolution
If an RWA fails to conduct elections or maintain proper accounts, the Act allows the appointment of a Special Officer by the Registrar. This officer temporarily takes over management until the issues are resolved.
In extreme cases, if a society becomes non-functional or violates laws, it can be dissolved under Section 89 of the Act.
Penalties for non-compliance
Non-compliance with the Act or its rules can attract:
- Fines under Section 150.
- Suspension of the managing committee.
- Denial of legal benefits or grants.
For example, failure to file annual audit reports can result in penalties and possible takeover by the Registrar.
To dive deeper into the Act and rules, here are the official downloadable PDFs
The real estate market in India is growing fast, and Chennai is right in the thick of it. With a lot of big companies and corporations setting up shop here, we’re seeing many gated communities spring up to house the steady influx of working professionals coming from all over the country. Renting out apartments has become a popular way for property owners to earn extra income. But with all this growth comes a challenge: ensuring that tenants are properly verified before they move in. When landlords rent out apartments without checking who they’re renting to, it can cause serious security headaches for everyone involved, landlords, residents, and society at large.
Here in Chennai, tenant police verification isn’t just a formality or a nice-to-have. It’s a legal requirement, designed to keep everyone safe and accountable. Landlords have to make sure that their tenants undergo police verification before they move in. If this process is ignored or skipped, and something unlawful happens on the property, the landlord can face legal consequences. It’s a big deal and worth paying attention to.
Why does tenant police verification matter?
Selecting the right tenant is about more than just collecting rent on time. It starts with doing your homework, a proper background check to understand who you’re letting into your property. Landlords should try to find out as much as possible about a potential tenant’s character and reliability before handing over the keys. One good way is to speak with former landlords, if possible, to get insights on how the tenant behaved in the past. Most genuine tenants won’t hesitate to provide references or the necessary documents to back up their claims, after all, they have nothing to hide.
What exactly is tenant police verification?
Simply put, tenant police verification is the official process where local police authorities check the background of potential tenants. It’s a legal mandate under Section 188 of the Indian Penal Code, which deals with disobedience to lawful orders by a public servant. The police look for any criminal records or warning signs before tenants move in. They keep a record of this to prevent illegal activities within residential compounds.
If landlords rent out properties to people who have a criminal past or engage in illegal activities, they can be held responsible under the law. The punishment for such violations could be imprisonment for up to one month and/or a fine of ₹220. So, it’s not something to take lightly.
Why skipping verification can cause big problems
With so many apartments rented out across the city (and country), some landlords don’t realize how important tenant verification is, sometimes they forget or avoid it because it seems like extra paperwork. But skipping tenant police verification can cause serious issues down the line.
When landlords verify tenants properly, it helps weed out those with criminal backgrounds or troublesome histories, which makes the entire community safer. It also works as a deterrent, tenants who know they’re being properly screened are less likely to engage in illegal or disruptive activities, like damaging property or overstaying their lease. Verification also builds trust between landlords and tenants, which helps keep neighborhoods peaceful.
What are the benefits of tenant police verification?
- Checking criminal records: Gives landlords peace of mind by revealing any past offenses or criminal history of potential tenants.
- Reducing disputes: Clear verification sets the right expectations and reduces misunderstandings or conflicts later.
- Preventing crime: Verified tenants are less likely to cause problems or engage in unlawful behavior.
- Tracking foreign tenants: Police can keep track of non-resident tenants who may overstay or violate lease terms.
How to complete tenant police verification in Chennai in 2025
Good news, tenant police verification can be done easily either online or offline, whichever you prefer.
1. Online process
- First, find out which police station covers the area where your rental property is located.
- Head to the Tamil Nadu Police e-services portal.
- Download the tenant police verification form and fill it out carefully with all the details about both the landlord and tenant.
- Upload scanned copies of important documents: the tenant’s valid ID proof (Aadhaar, passport, voter ID, PAN), recent passport-sized photographs, and the signed rental agreement.
- Add details about the tenant’s employment and emergency contacts.
- Double-check all information before submitting, because once submitted, changes cannot be made.
- Pay a nominal fee of ₹5 online.
- Police may contact either the landlord or the tenant if they need any additional information.
- The verification usually takes about 10 to 15 working days.
- When complete, download the police verification certificate from the portal.
2. Offline process
- Visit the police station nearest your rental property.
- Ask for the tenant police verification form and fill it out with accurate details of landlord and the tenant.
- Submit the form along with photocopies of all required documents (tenant and landlord IDs, rental agreement, photos).
- Pay the prescribed fee (around ₹5).
- The police will process your application and may follow up if they need more information.
- Keep copies of the submitted forms and receipts for your records.
The Chennai Police Clearance Certificate (PCC)
Once the tenant police verification is completed, landlords receive a Police Clearance Certificate (PCC). This document officially confirms that the tenant has been cleared by the police. It is mandatory to have this certificate before renting out your property. Failing to obtain the PCC is considered a criminal offense under local laws and can lead to fines or other penalties.
Important things landlords should remember
- Tenant police verification is not optional. It’s a mandatory legal requirement in Chennai and across Tamil Nadu.
- The process is governed under Section 188 of the Indian Penal Code, related to disobedience of lawful orders.
- Both online and offline verification methods are officially supported by the Tamil Nadu Police.
- The verification fee is nominal is just ₹5, making it affordable for landlords.
- The process typically takes about 10 to 15 days, though delays can happen depending on police workload.
- Verification applies to all tenants, including foreigners. The police also track overstays or unauthorized residents.
- Always keep a copy of the Police Clearance Certificate safe, as you may need it for future reference or legal purposes.
Tenant police verification might seem like an extra step in the renting process, but it’s vital, not only to comply with the law but also to keep your property and neighbors safe. Taking the time to do this properly helps protect you from legal troubles and creates a more secure, trustworthy community for everyone.
If you haven’t yet completed tenant police verification for your properties, make it a priority today. Thanks to online portals and simple offline procedures, it’s easier than ever to get it done.
A carefully curated directory for residential societies across Chennai.
| Service | Contact Information |
|---|---|
| Greater Chennai Corporation | Toll free Number: 1913, https://chennaicorporation.gov.in/gcc/who-is-who/index_data.jsp |
| Chennai Metropolitan Water Supply and Sewerage Board | https://cmwssb.tn.gov.in/depooffice044-2845 1300 |
| Tamilnadu Power Distribution Corporation Limited | 94987 94987 |
| Solid Waste Management | 9499956220 / 25619228 / 25619385 |
| Chennai Corporation Property Tax Office | 098404 44148 |
| Commissionerate of Revenue Administration & Disaster Management | https://www.cra.tn.gov.in/contact.php |
| Fire Stations | https://chennaicorporation.gov.in/gcc/about-GCC/about-chennai/fire-station/ |
| Police Stations | https://chennaicorporation.gov.in/gcc/about-GCC/about-chennai/police-station/ |
| Registrar of Cooperative Societies | 044 2836 4858 https://www.rcs.tn.gov.in/contactus.php |
| Toll-free Number: 1913, https://chennaicorporation.gov.in/gcc/who-is-who/index_data.jsp | https://agritech.tnau.ac.in/animal_husbandry/animhus_ animal%20welfare%20org.html |
| Stray Animal Helpline | 044 46274999 / 044 71819575 |
| Chennai Corporation’s Public Grievance | 1913 |
| Hospitals | https://chennai.nic.in/public-utility-category/hospitals/ |
| Blood Banks | https://www.chennai.com/bloodbank1.html |
| Tamilnadu Senior Citizens’ Association | 044 2621 3908 |
| Tamil Nadu Pollution Control Board | 18004256750 |
| Police | 100 |
| Fire Control | 101 |
| Traffic Police | 102 |
| Senior Citizens’ Helpline | 103 |
| St. John’s Ambulance Association | 108 |
| Disaster Helpline | 1077 |
| Child Helpline | 1098 |
| Child Helpline | 1098 |
| Women Helpline | 181 |
| Lions Blood Bank | 28415959 |
| Tourism Office of the Government of India | 28194630 |
| Chennai Corporation Complaints | 1913 |
| Railways Reservation Enquiry | 132 |
| Automated Reservation Query | 139 |
| Tourist Enquiry | 1913 |
| Animal Husbandry | 28460285 |
| BSNL Telephone Directory Enquiry | BSNL Telephone Directory Enquiry |
| BSNL Telephone Local Assistance | 199 |
| Eye Bank | 1919 |
| Gas Helpline | 1716 |
The Tamil Nadu Apartment Ownership Act, 2022, was passed to replace the outdated 1994 legislation and bring clarity, consistency, and legal strength to apartment ownership across the state. It clearly defines the rights and responsibilities of apartment owners, including undivided shares in common areas like corridors, lifts, and gardens. The Act also standardises how an Association of Apartment Owners must be formed, registered, and managed, ensuring every resident has a say in the affairs of the community.
One of the most important updates in the Act is its provision for redevelopment. If two-thirds of the owners agree, a building can be redeveloped, especially if it’s been declared unsafe or unfit. For societies that haven’t yet registered under this new law, compliance is not optional, but it’s crucial. It impacts how your society is governed, how funds are managed, and even how disputes are legally resolved.
Renting out your home is a common way to earn a steady second income. But if you’re a flat owner in a cooperative housing society, there’s one charge you shouldn’t overlook non-occupancy charges.
This is a fee that applies when your flat is not occupied by you or your immediate family, and instead is rented out to tenants. While it’s not a very large charge, it’s important to understand when it’s applicable, how it’s calculated, and what to do if you’re being overcharged.
What are non-occupancy charges?
Non-occupancy charges are levied by housing societies when a flat owner rents out their property to a person who is not a close family member. This fee is collected in addition to your usual monthly maintenance charges.
The purpose of this charge is to ensure that members who are earning rental income from their property also contribute a little extra to the upkeep of common services used by the tenant, such as security, lifts, water, and other shared facilities.
When are non-occupancy charges applicable?
These charges are applicable only if your flat is rented out to someone who is not your immediate family.
You will not be charged non-occupancy fees if:
- You, the owner, are living in the flat.
- The flat is occupied by close family members, such as your parents, spouse, children, siblings, in-laws, or grandchildren.
- The flat is locked, vacant, or unoccupied.
The charge becomes applicable when the flat is used to earn a commercial benefit (i.e., rent) by giving it to non-family members.
In such cases, the society usually requires you to:
- Complete police verification of the tenant (mandatory in many cities).
- Inform them in writing about the tenancy.
- Submit a copy of the lease or leave-and-license agreement.
- Fill out any society-required tenant forms.
How is the non-occupancy charge calculated?
Earlier, societies used to charge a flat amount as a one-time non-occupancy fee. This led to disputes and overcharging in many cases. To address this, the Maharashtra government issued a circular under Section 79A of the Maharashtra Cooperative Societies Act, which clearly states that:
Non-occupancy charges cannot exceed 10% of the service charges paid by the member.
This rule has since been upheld by the Supreme Court and is now followed by most cooperative housing societies, especially in Maharashtra and major metro cities.
Let’s break this down with an example:
- Suppose your total maintenance bill is ₹3,000 per month.
- Out of this, ₹2,000 is considered “service charges” (expenses such as security staff, society staff salaries, electricity for common areas, housekeeping, etc.).
- You will be charged 10% of ₹2,000 = ₹200 as non-occupancy fees.
Important: Service charges do not include sinking fund, repair fund, property tax, or water charges.
What if you are overcharged?
This is unfortunately not uncommon. In many housing societies, members have raised complaints that the management committee has either:
- Charged non-occupancy fees even when the flat is used by a relative
- Charged more than 10% of service charges
- Not provided clarity on the breakup of the charges
In such cases, here’s what you can do:
- Write to the managing committee and request an explanation with supporting calculations.
- If you don’t receive a proper response, escalate the issue to the Registrar of Cooperative Societies in your area.
- You can also approach a Consumer Forum for redressal if the charges are unfair or violate the law.
It’s illegal for societies to charge more than what is permitted under the rules. And it is equally illegal to collect non-occupancy charges when the flat is used by a family member.
Is GST applicable on non-occupancy charges?
Yes. As per recent GST clarifications, if the total maintenance charges (including non-occupancy) exceed ₹7,500 per month per member, then 18% GST is applicable.
However, this GST is not paid by the owner to the government directly. The society is responsible for calculating and collecting the GST and remitting it to the government. Make sure your maintenance bill reflects this clearly, especially if you cross the ₹7,500 threshold.
Do tenants have to pay the charge?
By default, non-occupancy charges are the responsibility of the flat owner, not the tenant.
However, if you want your tenant to cover this cost, you can mention it clearly in the rental agreement. That way, you can legally recover it from them along with rent and other maintenance charges. But societies will only deal with the owner for collecting this charge.
Is this rule the same across India?
The 10% rule originates from the Maharashtra government circular and is strictly enforced in cities like Mumbai, Pune, and Nagpur.
In other states like Karnataka, Telangana, Delhi, and Tamil Nadu, most societies either follow similar rules by internal agreement or choose not to charge non-occupancy fees at all. But unless there is a clear by-law stating otherwise, housing societies cannot arbitrarily fix this charge.
In Bangalore, for example, many RWAs do not charge non-occupancy fees unless it has been included in the society’s registered bye-laws.
Why should committee members understand this?
If you’re part of your RWA’s managing committee, you’re expected to:
- Inform members about non-occupancy charges when they rent out their flat
- Collect it as part of the maintenance bill
- Explain how the amount is calculated
- Ensure the society stays within the legal limits
Many disputes between owners and societies arise due to lack of communication or incorrect billing. Being transparent and following the law helps keep things smooth for everyone.
What if the owner refuses to pay?
If a flat owner does not pay the non-occupancy fee when it is due, the society can:
- Issue a payment reminder notice
- Declare the member as a defaulter for society billing purposes
- Withhold the No Dues Certificate required for property sales or rentals
However, societies must still act within the legal limit and cannot use coercive tactics or harassment.
Non-occupancy charges are legal and necessary but they must be applied fairly, transparently, and within the limits defined by law.
If you’re a homeowner renting out your flat:
- Check your society’s by-laws
- Inform the committee and submit documents
- Verify your monthly bill for correctness
- Know your rights if you’re being charged unfairly
If you’re on the committee:
- Know the rules
- Educate members
- Stay accountable
Understanding non-occupancy charges helps everyone avoid unnecessary conflict and ensures smoother community living.