Real estate industry is amongst the most flourishing industries in India. Modern buildings built in urban areas of India have high levels of energy consumption because of requirements of air-conditioning and lighting. In this scenario of more and more real estate projects coming up in different parts of India, the construction activities must be undertaken keeping in mind the environmental welfare, so that there is not much pressure on its finite natural resources. Therefore, it is important for any real estate projects above 20,000 sqm. or any new/ expansion of existing project or changes in usage of projects etc. need to take Environment Clearance from Ministry of Environment & Forests (MoEF). The following article deals with Environmental clearance from MoEF.

1. Environment clearance mandatory
for Real Estate Projects above
20,000 sqm in India

2. The
Indian
real
estate
industry
(residential, commercial, retail, and hospitality) is projected to
reach INR 8,640 billion ($180 billion) by 2020. In
India, construction is the second largest economic activity after
agriculture and real estate sector is a key growth driver of the
country’s economy. According to industry forecast by
McKinsey, India’s building-occupied area is projected to
skyrocket from 8 billion square meters in 2005 to 41 billion in
2030. With this growth, the number of buildings, energy
consumption and the resultant carbon emissions will also
increase in the country. To increase energy efficiency in
buildings and mitigate environmental impact, the Indian
Government has made it mandatory for buildings above
20,000 sqm to obtain Environment clearance.

3. Environmental Impact
Assessment for Buildings above
20,000 sqm
The EIA is a comprehensive assessment of resource use,
including energy, water, air, land, and ecological impacts. In
2009, the central government made it mandatory for any new
construction activity in India to procure environmental clearance
from the Union Ministry of Environment and Forest (MOEF) or its
state-level body. As per the directive, all constructions projects
spread above 20,000 sqm of area have to obtain clearance from
the MOEF. The built up or covered area on all the floors put
together including basement(s) and other service areas, which
are proposed in the building/construction projects.
As per the directive, the developers, after acquiring the
environment clearance, have to move their files to urban
department of the state for building plan approval.

4. Why is Environmental Impact
Assessment above 20,000 sqm for
Buildings mandatory?
In the Indian context, 20,000 sqm is a fairly large area. It
amounts to 200 apartments in a composite apartment building
and the project population would be 1,000 which would require
140 kiloliters of water supply a day and 112 kiloliters of sewage
treatment per day.

5. Who is the approving authority for
Environment clearance of these
buildings ?
Real estate developers are required to obtain an Environmental Impact
Assessment (EIA) clearance from the MOEF.

6. How is Environment clearance for
Buildings above 20,000 sqm
obtained ?
Under the EIA rules, all projects and activities are broadly
grouped into two categories – A and B — based on the potential
impacts on human health, and on natural and human made
resources. Category A includes industry, mining and big
infrastructure projects which require prior environmental
clearance from the Environment Appraisal Committee (EAC) of
the ministry of environment and forests (MOEF). Category B
covers all other building and construction projects.
Townships/area development projects covering an area equal to
or more than 20,000 sqm are classified as B2.

8. Steps involved in the process
are:
1) According to the EIA rules, B2 projects are required to fill up
Forms 1 and 1A.
2) Screening to determine which projects or developments
require a full or partial impact assessment study;
3) Scoping to identify which potential impacts are relevant to
assess (based on legislative requirements, international
conventions, expert knowledge and public involvement), to
identify alternative solutions that avoid, mitigate or
compensate adverse impacts on biodiversity (including the
option of not proceeding with the development, finding
alternative designs or sites which avoid the
impacts, incorporating safeguards in the design of the
project, or providing compensation for adverse impacts), and
finally to derive terms of reference for the impact
assessment;

9. 4) Assessment and evaluation of impacts and
development of alternatives, to predict and identify the
likely environmental impacts of a proposed project or
development, including the detailed elaboration of
alternatives;
5) Reporting the Environmental Impact Statement (EIS) or
EIA report, including an environmental management plan
(EMP), and a non-technical summary for the general
audience.
6) Review of the Environmental Impact Statement
(EIS), based on the terms of reference (scoping) and public
(including authority) participation.
7) Decision-making on whether to approve the project or
not, and under what conditions; and

10. 8) Monitoring, compliance, enforcement and
environmental auditing. Monitor whether the predicted
impacts and proposed mitigation measures occur as defined
in the EMP. Verify the compliance of proponent with the
EMP, to ensure that unpredicted impacts or failed mitigation
measures are identified and addressed in a timely fashion.

11. When is the validity of
Environment clearance obtained
by buildings ?
Validity of EC is 5 years for completion of construction
(extendable by another 5 years).

12. CONCLUSION
Incorporating energy efficiency measures in the new upcoming buildings
will help India meet its energy needs and increase its energy security. To
ensure that your project complies with the guidelines issued by MOEF,
you must obtain environment clearance if it is above 20,000 sqm. Any
building, which commences construction activity without environment
clearance from MOEF will be liable for action and heavy penalty.
PDV Group has an extensive experience of obtaining environment
clearance for various types of real estate projects, including residential,
commercial, mix development, townships, SEZs, etc. We have experts
with exceptional expertise who can assist you with EIA and Environment
clearance in case your project is above 20,000 sqm. For more details,
you can write to us at info@aarnarealty.com or give us a call on our
helpline 9911661818.