Why Environment Impact Assessment NOC is required in Building and Township projects.

1. Introduction

• Building and Construction projects are one of the major developmental aspects that play a pivotal role in boosting the economy of the country. This construction industry is one of the most important segments of the Infrastructure projects that determine the growth and Gross Domestic Product of a nation. These projects are residential, commercial, hospital, hotels, Information technology, schools, College, University, Warehouses, Malls, and Complex, etc.
• The environmental, economic, and social impacts of these projects must be assessed through an Environmental Impact Assessment study.
• Environmental Impact Assessment NOC is the final delivery or the end product of the EIA study.

     2. Environment Impact Assessment NOC (EIA NOC) perspective in Construction projects.

• MoEF (Ministry of Environment & Forest) has come up with the EIA notification dated 14th September 2006 exercising the powers conferred by sub-section (1) and clause (v) of sub-section (2) of section 3 of the Environment (Protection) Act, 1986, clause (d) of sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986 and in supersession of the earlier notification number S.O. 60 (E) dated the 27th January 1994.
• The MoEF EIA notification of 14th Sep 2006 requires two types of projects to obtain EIA NOC.

(a) All new, and existing building projects under the purview of Environmental Clearance.
(b) Any modernization and expansion of existing building projects.

• These projects require prior EC NOC (Environmental Clearance) before starting up any type of construction activity on the project site. That means you can not start the construction without taking the Environmental Clearance NOC for the project.
• The construction projects are area development-centric which means the applicability of Environmental Impact Assessment NOC depends upon the threshold limit or production capacity.

What is the threshold limit of built-up area in construction projects?

• To be eligible for an Environmental NOC from the Environment Ministry, a project must have a built-up area greater than 20,000 square meters.
• When it comes to obtaining the Environmental Impact Assessment NOC for building projects, there are two types: B1 and B2.
• B1 projects require screening, scoping, and the issuance of Terms of Reference by the State Level Environment Impact Assessment Authority for further study and detailed EIA preparation.
• B2 projects only require screening and direct appraisal based on merit. Public hearings or consultation is not necessary for building and construction projects.

“In summary, building and construction projects with a built-up area exceeding 20,000 square meters must undergo the EIA NOC process and obtain an Environment NOC in accordance with the MoEF EIA notification of 2006.”

What is the definition of FAR when it comes to Environment Impact Assessment NOC?

• When considering FAR (Floor Area Ratio), you may wonder if the Non-FAR area is simply non-covered.
• However, in reality, the Non-FAR area can consist of open areas like Stilt, Podium, Basement, Mumty, Lift, Stairs, and Shaft, which do not count towards the FAR.
• If a building project’s built-up area exceeds 20,000 sq. m, it must undergo the EIA NOC process and obtain the Environment NOC according to the MoEF EIA notification 2006.
• If a project’s built-up area is less than 20,000 square meters but has open-to-sky facilities, the activity area may be considered covered and added to the built-up area to determine the final built-up area of the project.

What is the definition of built-up area in construction projects?

• The built-up area is the covered area of all floors, including both FAR and non-FAR areas. Non-FAR areas, such as Stilt, Podium, Basement, Mumty, Lifts, Stairs, and Shafts, may seem covered but do not count as FAR.
• Projects with a built-up area of less than 20,000 square meters and an open-to-sky activity area used for facilities must consider the activity area covered and add it to the existing built-up area to determine the final built-up area of the project and determine the applicability of Environmental Impact Assessment NOC.

Category and Schedule in Building and Township projects.

• In the realm of environmental regulation, building and construction projects fall under category B.
• The EIA regulations 2006 require Category B projects to obtain EIA NOC.
• This category is overseen by State Level Environment Authorities and further divided into two schedules: B1 and B2.
• Schedule B1, or 8(b) comprises township and area development projects that exceed a built-up area of 150,000 square meters or cover a total land area greater than 50 hectares.
• Schedule B2, or 8(a), encompasses projects with a built-up area between 20,000 and 150,000 square meters.