The Center has issued a draft rule that at least one tree should be planted on every 80 square meters of land within construction sites of both residential and commercial buildings, to ensure 10 per cent green cover for each plot.
The draft notification of the Building Environment Management Regulations, 2022 was issued by the Ministry of Environment, Forest and Climate Change on February 28, inviting suggestions and objections over the next two months before the final rules are issued.
The new rules will be applicable for buildings with a built-up area of 5000 square meters or more, and will also include expansion, renovation or repair of existing buildings.
The notification states that for buildings, roads, paved areas and outdoor services, topsoil should be removed only to a maximum depth of 20 cm. Soil should be stored in designated areas and reapplied during the planting of proposed vegetation at the sites.
Certain other rules without which projects will not be completed or occupancy certificates are also not part of the notification. Thus, as per the draft rules, common sewage treatment plants and a system for recycling of treated waste water are mandatory. If a common sewage plant is not available, an on-site plant with 100% wastewater treatment capacity will need to be set up. Rain water harvesting or ground water recharge system will also be mandatory.
No construction shall be permitted on wetlands and reservoirs, and no groundwater shall be used for building construction without the approval of the Central Ground Water Authority.
Projects will need to install dual plumbing systems – one to supply fresh water for drinking, cooking and bathing, and another to supply treated water for toilets, landscapes, firefighting, etc. Projects above 20,000 square meters will require on-site solid waste management facilities with arrangements with authorized recyclers or municipal agencies for the disposal of non-biodegradable waste.
The ministry set up an expert committee in January 2021 to examine state bye-laws and other existing rules and recommend new rules for building construction and township projects. The new rules are based on its recommendations.
According to the draft notification, “standardised, outcome-based and quantitative environmental regulations”, are essential for effective environmental protection and management and are required “to bring transparency in approach and encourage ease of doing business”.
The ministry has also said that the monitoring mechanism needs to be expanded through third party audits, “encouraging green certification and leveraging the presence of regulatory agencies at various levels of governance”. Compliance with the new rules, however, required “do not replace” approvals to be obtained under other laws. The notification said that in case the proposed rule conflicts with any other rule, whichever is more stringent, it will apply.