KERALA LAND BUYER'S COMPANION HANDBOOK
Architect Shahdad Karim
PART V: Professional Services and Project Materials
Chapter
26: Environmental Regulations or Restrictions
Check for any
environmental regulations or restrictions.
As the world continues to grapple
with climate change and environmental degradation, governments worldwide have
started enacting stricter environmental regulations to ensure sustainable
development. In Kerala, the government has implemented several environmental
regulations and restrictions to protect the state's unique ecosystem. If you
are planning to purchase a property in Kerala, it is essential to understand
the environmental regulations and restrictions in place to ensure compliance.
Environmental regulations and
restrictions in Kerala
1. Coastal Regulation
Zone (CRZ)
The Coastal Regulation Zone (CRZ) is
a set of regulations implemented by the Ministry of Environment, Forests, and
Climate Change in India in 1991 to regulate development activities in coastal
areas. The regulation aims to protect coastal ecosystems, traditional
livelihoods, and coastal communities. In Kerala, the CRZ notification defines
four zones, and the regulations vary depending on the zone.
Zone 1:
This zone covers ecologically sensitive areas such as mangroves, coral reefs,
and sand dunes. No development activities are allowed in this zone.
Zone 2:
This zone covers areas up to 200 meters from the high tide line. Only certain
types of development activities are allowed in this zone, subject to specific
regulations.
Zone 3:
This zone covers areas beyond 200 meters from the high tide line. Development
activities are allowed in this zone, subject to specific regulations.
Zone 4:
This zone covers areas that are not classified in the above three zones. There
are no restrictions on development activities in this zone, subject to local
regulations.
Property buyers should be aware of
whether the property they are considering is located in a CRZ, and what restrictions
apply. For example, if the property is within a CRZ, there may be limits on the
height of buildings, and certain types of construction may be prohibited.
2. Forest Conservation
Act (FCA)
The Forest Conservation Act is a
central legislation aimed at the conservation of forests and wildlife in India.
The act prohibits the diversion of forestland for non-forestry purposes, such
as mining, industry, and other developmental activities, without prior approval
from the central government. In Kerala, the government has designated several
forest areas as protected areas, and development activities in such areas are
strictly prohibited.
Property buyers should be aware of
whether the property they are considering is located in or near a protected
forest area. Depending on the location, there may be restrictions on
construction activities, or the property may be subject to environmental impact
assessments.
3. Wetland Conservation
and Management Rules
Wetlands are essential ecosystems
that provide several ecological and socio-economic benefits such as water
storage, groundwater recharge, biodiversity conservation, and carbon
sequestration. The Wetland Conservation and Management Rules aim to protect and
conserve wetlands in India. In Kerala, several wetlands are designated as
protected areas, and any development activities in such areas are prohibited.
Property buyers should be aware of
whether the property they are considering is located in a water-sensitive area.
For example, if the property is located near a river or lake, there may be
restrictions on the use of water for irrigation or other purposes.
4. Air and water
pollution control laws
The Kerala State Pollution Control
Board is responsible for enforcing laws and regulations aimed at controlling
air and water pollution in the state. The board issues several permits and
certificates, such as Consent to Establish and Consent to Operate, to ensure
compliance with pollution control norms. If you plan to purchase a property in
Kerala, it is essential to ensure that the property complies with all pollution
control norms and regulations.
Property buyers should be aware of
whether the property they are considering is located in an area with poor air
quality. If the property is located in such an area, there may be restrictions
on certain types of construction or the use of certain materials.
5. Waste management
regulations
The Kerala State Pollution Control
Board has implemented several regulations and guidelines aimed at ensuring
proper waste management practices. The board has also launched several
initiatives to promote waste segregation, recycling, and composting. If you
plan to purchase a property in Kerala, it is essential to ensure that the property
has proper waste management facilities and complies with waste management
regulations.
Property buyers should be aware of
whether the property they are considering is located near a hazardous waste
site. If the property is located near such a site, there may be restrictions on
certain types of construction, or the property may be subject to additional
environmental impact assessments.
Conclusion
In conclusion, it is important for property buyers in Kerala to be aware of any environmental regulations or restrictions that may impact their property purchase. By doing so, they can ensure that they are making an informed decision, and that they are purchasing a property that is both environmentally and socially responsible.