Chapter 15Climate Resilient Construction Integration Ofenvironmental Clearance with Sanction

Land, Air, Noise, Water, Energy, biological, socio-economic, solid / other waste management are the main facets considered in relation to Pre, during and Post Building Construction for Sustainable Environment Management. Therefore, it is necessary for the building process to ensure compliance to various conditions laid down by the Ministry of Environment, Forest and Climate Change.

The building construction sector is a major contributor towards carbon footprints which affects climate change. India is committed towards mitigating the effects of climate change and moving towards internationally accepted norms for environmental friendly building construction. Currently this objective of environmental safeguard is achieved through obtaining a specific environmental clearance (EC) for any construction project having a size of more than 20,000Sq.m. This is administered under notification of Ministry of Environment, Forest and Climate Change.

With rapid urbanisation and growth of Indian economy, it is anticipated that the construction activity will experience a proportionate growth. Government is also committed towards streamlining of clearances for buildings and real estate sector and empowering the urban local bodies with an objective of Ease of Doing Business.

(1) When the State Governments notifies the bye-laws and rules concurred by the Ministry of Environment, Forest and Climate Change, the Central Government may issue an order stating that no separate environmental clearance is required for buildings to be constructed in the States or local authority areas.

(2) The Authority shall certify the compliance of the environmental conditions prior to issuance of Completion Certificate, as prescribed in the Byelaws, as per the requirements stipulated for such buildings based on the recommendation of the Environmental Cell constituted in the local authority.

(3) For the purpose of certification regarding incorporation of environmental conditions in buildings, the Ministry of Environment, Forest and Climate Change may empanel through competent agencies, the Qualified Building Environment Auditors (QBEAs) to assess and certify the building projects, as per the requirements of this notification and

the procedure for accreditation of Qualified Building Auditors and their role as given at Appendix-XV

(4) In order to implement the integration of environmental condition in building bye-laws, the Authority shall constitute the Environment Cell (herein after called as Cell), for compliance and monitoring and to ensure environmental planning within their jurisdiction.

(5) The Cell shall monitor the implementation of the bye-laws and rules framed for Integration of environmental conditions for construction of building and the Cell may utilise the services of the Empanelled professionals as prescribed in Appendix-IA

(6) The Cell shall function under the administrative control of the Authority.

(7) The composition and functions of the Cell are given at Appendix-XVI.

(8) The environmental concerns are integrated in the building bye-laws, as per their size of the project, and the Authority shall follow the procedure, as given below:

(9) No Environmental Clearance from Ministry of Environment, Forest and Climate Change and no Consent to Establish and Operate under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 will be required from the State Pollution Control Boards for buildings up to 1,50,000square metres.

The Ministry of Environment, Forest and Climate Change has now decided to integrate the environmental concerns into building plan approval process and empowering the concerned local body to approve and certify compliance of stipulated requirements. The new building construction proposals, for the purpose of this chapter are classified in the following 3 categories: -

(1) Building Category ‘1’: Built-up Area 5,000Sq.m to < 20,000Sq.m

(2) Building Category ‘2’: Built-up Area ≥ 20,000Sq.m to 50,000Sq.m

(3) Building Category ‘3’: Built-up Area ≥ 50,000Sq.m to 1,50,000Sq.m

Note: Area mentioned against each building category is the total constructed area of the building including car parking area.