Obtain Environmental Clearance for Building Projects

Environmental clearance is one of the most crucial factors to consider when planning a construction project. It is the requirement for appropriate environmental clearance for construction projects in many cities. 

The environment may be significantly impacted by construction projects, both during and after the project concludes. Therefore, construction companies acquire environmental clearance from the relevant authorities before starting a project. 

Getting an EC clearance can be a challenging and drawn-out procedure. But it is crucial to wrap up the project environmentally conscious.  

This blog post will discuss the notification process for environmental impact assessments in India. We will discuss the meaning of EIA draft notification and its implications for building projects. We will also examine how India’s environmental clearance procedure ensures that building projects happen with the least possible negative environmental impact. 

EIA: What is it? 

The process of acquiring data regarding the possible environmental effects of a proposed project is known as an environmental impact assessment, or EIA. The development of mitigation strategies to lessen or completely eradicate those effects comes next. 

There are usually multiple steps in the EIA process. 

Screening: The proposed project undergoes screening to determine whether it will likely have significant environmental impacts before moving forward with an EIA. Further assessment is not necessary if there is no possibility that the project will have an impact before construction can begin. 

Scoping: Should the screening step indicate that there may be significant effects, the study region must decide which particular impacts need to undergo assessment.  

Assessment: Information about the possible environmental effects of the proposed project is gathered following the establishment of the study region. Numerous sources, such as computer models, field research, and lab tests, may provide this data.  

Mitigation: Based on the results of the assessment step, mitigation measures are put in place to lessen or eliminate all of the observed effects. These could be adjustments to the project’s blueprint, alternative construction methods, or requirements for post-construction monitoring. 

Making a decision: Compiling and evaluating all available data will determine whether or not to proceed with the project. If serious environmental problems continue, changes could be made or even scrapped. 

What is an Environmental Impact Assessment Notification?  

Government action to preserve the natural world resulted in the 1986 Environment Protection Act. The government issues an Environmental Impact Assessment Notification under section 3 of this act, which mandates that parties seeking to initiate new projects or alter current ones notify the government in advance and adhere to specific guidelines to protect the environment.  

What is the EIA Draft Notification? 

A formal notice that construction projects will be subject to the EIA process is the draft notification for the EIA. Usually, the notice is posted on the project website and in a local newspaper. The notification contains details about the project, the reason for the EIA, and how to take part in the proceedings. 

A crucial step in the EIA process is the notification of the draft EIA. The alert should include all pertinent project information clearly and succinctly. Included should be the contact information for those who would like to learn more or contribute. 

Among the most important recommendations are those found in the newly published draft of the EIA notification 2020, which includes shortened periods for public comment and hearings. The draft has shortened the public hearing notice period from 20 to 30 days and the hearing completion time from 40 to 45 days. 

The analysis was missing several projects classified as A, B1, or B2. Furthermore, proponents must follow specific guidelines outlined in the EIA report following approval from the relevant authority, known as post-clearance compliance. 

Projects lacking environmental clearance can now apply for a post-facto clearance through the notification, allowing them to resume regular operations.  

Construction projects with a built-up area of up to 1,50,000 sq meters are exempt, which marks a significant increase over the previous exemption of 20,000 q meters. These projects must still undergo evaluation by a state-level expert appraisal committee before obtaining environmental clearance. 

India’s Environmental Clearance Procedure

The Environmental Impact Assessment (EIA) notification 2006 governs the environmental clearance process for construction projects in India. All projects needing an EIA must register with the relevant State Pollution Control Board or Pollution Control Committee, per the Notification. 

The notification also outlines the steps involved in conducting an environmental impact assessment (EIA), including holding public meetings, submitting reports, and getting approval from expert appraisal groups or EACs.  

In India, the goal of the entire environmental clearance process for building projects is to reduce any potential harm to the environment. 

Below is an explanation of the Indian environmental clearance procedure. 

  1. Locating and Choosing the Site 

To start the project, the proponent must find a site that satisfies all applicable siting guidelines. The proponent has to find another location if the project site needs to be better. 

  1. Evaluation of Categories 

The next step is for the proponent to determine whether the project’s proposed environmental clearance is needed. The proponent carries out an independent or assisted EIA study if the notification schedule permits it. 

  1. The SPCB-submitted EIA report and evaluation. 

The investor then gives the EIA report to the relevant State Pollution Control Board and the state-based forest department (if located adjacent to or inside the forestland). 

The SPCB assesses the quantity and quality of pollutants or effluent that the project will likely generate and the efficacy of the proposed control measures to comply with the regulations. If the SPCB finds no irregularities and approves, it will issue a No-objection certificate. 

  1. Public Discussion 

Since it allows citizens to voice concerns about the project, the public hearing is essential for environmental clearance. This procedure also occurs before the no-objection certificate is issued.  

The chair of the hearing committee is the District collector. Before proceeding to the approval stage, the hearing committee reviews all suggestions and objections from the general public. 

  1. Sending a request for consideration to MoEF. 

The project proponent applies to the Ministry of Forest and Environment for the necessary environmental clearance in the case of Project A and the state government in the case of Project B. The supporting documentation for the application includes the EMP, NOC, EIA report, and details about the public hearing. 

  1. Evaluation of the Environment. 

Workers at the Ministry of Environment and Forets have reviewed the documentation, and if more inspections are required, they can stand on location. Moreover, the applications are received by and regularly met with the environmental appraisal committees, which are for each industry sector, including mining, river valley, and industries. 

The committee may also arrange public hearings to foster community involvement in development decisions for specific initiatives that spark public interest. After that, the appraisal committees draft their recommendations for accepting or rejecting specific projects.

Getting around India’s constantly changing real estate laws

India’s real estate market has a long history of being associated with complexity and opportunity. Stakeholders, from large international investors to individual homebuyers, have seen the regulatory framework change over time to strike a balance between sustainable development and rapid growth. The real estate industry’s legislative environment is currently changing, indicating a move in the right direction toward efficiency, accountability, and transparency. 

By 2024, the real estate sector will have a value of Rs. 65,000 crores, and by 2025, it will contribute 13% of the country’s GDP. As a result, the regulatory framework will evolve to encourage the growth of this actor. We must cope with this changing environment by recognizing and responding to these progressive developments revolutionizing the industry.   

The Start of Reforms in Regulations 

A turning point for the industry was the introduction of the Real Estate (Regulation and Development) Act of 2016 (RERA). An essential first step in revitalizing the real estate sector has been RERA, which attempts to protect buyers and increase developers’ accountability. The Act provides a systematic approach to resolving disputes by guaranteeing the timely completion of projects and establishing a regulatory body to oversee transactions. 

The Benami Transactions (Prohibition) Amendment Act amendment, which has been crucial in reducing illicit transactions and enhancing transparency, is another significant achievement. It fosters an environment of efficiency and trust, along with the government’s push to digitize municipal and panchayat papers and land records through the Digital India Land Records Modernization Programme (DILRMP). Legislative trends indicate that the liberalization of the Indian economy will continue to be prioritized, with a renewed emphasis on transparent real estate development and affordable housing initiatives. 

Inventiveness in Adherence 

We now reside in a more convenient and accessible era thanks to the digitization of compliance procedures. The red tape that formerly limited the industry’s agility has been reduced thanks to online portals for RERA-mandated project registration, complaint filing, and project progress reports. Significant improvements have occurred to the ease of doing business, boosting investor confidence domestically and internationally. Furthermore, buyers can now make better-informed decisions about the projects they invest in thanks to the transparency that RERA has brought about. 

Financial Regulations: A Step in the Right Direction 

The Goods and Services Tax (GST) has simplified the structure of real estate taxes, thus reinforcing financial discipline. Furthermore, the Pradhan Mantri Awas Yojana (PMAY) is bolstering the affordable housing market, drawing in investments and guaranteeing that the populace can realize their dream of owning a home. Affordable housing saw a significant boost with the announcement during the Union Budget 2023-24 of a commitment of Rs 79,000 crore (US $ 9.64 billion) for the PM Awas Yojana. 

By lowering lending standards for home loans and updating the sector’s risk weights, the Reserve Bank of India (RBI) has also contributed positively. It has encouraged banks to lend more money to developers and homebuyers, increasing the sector’s liquidity. 

Furthermore, India’s real estate market has historically been strongly protected and heavily shielded from foreign investment by stringent laws that only allow foreign companies to make local partnerships or joint venture investments, emphasizing particular project types like townships. But under the ‘Make in India’ initiative, 100% foreign direct investment (FDI) is now permitted for large-scale infrastructure and real estate developments, including townships, industrial parks, shopping centers, and more, thanks to reforms begun in 2005 and further enhanced in 2016. This method keeps smaller-scale real estate ventures for Indian businesses safe from being overtaken by foreign corporations by strategically directing foreign investments toward large, capital-intensive projects. 

These regulatory policies do have a positive effect; this is not just theory. It is a reality that is beginning to take shape and is already providing noticeable advantages. 

Promoting Sustainable Development 

The government’s emphasis on energy transition and reaching Net Zero targets is India’s real estate industry toward a sustainable revolution. The introduction of the Green Rating for Integrated Habitat Assessment (GRIHA) is driving the creation of energy and environmental efficiency. This change indicates a clear path toward environmentally, socially, and economically beneficial sustainable practices. An additional ambitious project is the Smart Cities Mission, which seeks to integrate urban development and sustainability into a model that could emulate. 

India’s real estate laws are evolving, which indicates potential for future development and improvement. Cooperation amongst regulators, consumers, developers, and the government highlights a dedication to a sector that sustains sustainability and makes a substantial economic contribution. This adaptable governance structure satisfies both the demands of the general public and market dynamics. Maintaining and strengthening these rules is essential to creating an open, effective, and equitable ecosystem, which is necessary for a robust real estate market and economy. Despite its complexity, this shifting landscape creates opportunities for a more stable and reliable real estate sector, which is critical to India’s continued economic development.  

India’s fast-moving luxury real estate market: Why

The demand for various types of lavish real estate has continued to rise and does not seem to be decreasing, as evidenced by buyers’ insatiable appetite for luxurious homes. In contrast to affordable housing, luxury housing has experienced tremendous demand from consumers before and after the pandemic.

According to a recent Anarock study, luxury properties in metropolitan areas above Rs 1.5 crore are experiencing what some experts might call a “golden run.” The report estimates that between January and September 2023, 84,400 luxury homes (with prices over Rs 1.5 crore in prime real estate markets, including Delhi-NCR, MMR, Bengaluru, Pune, Hyderabad, Chennai, and Kolkata. This figure surpasses the previous record of approximately 39,300 units sold during the same period in 2022. 

A trend worth observing in the current market, in addition to the overall rise in sales, is the diversification of luxury real estate. Uber-luxurious penthouses, villas, independent floors, or apartments have established themselves as standard luxury offerings for the business and ultra-rich, particularly given the apparent rise in demand for them in major cities. Top developers and real estate magnates have either upgraded themselves into luxury developers or are expanding their footprints in it swimmingly, highlighting exceptional profitable values concomitant with the thrill of getting massive consumer attraction with no budgetary constraints. 

One of the main characteristics of a plethora of opulent homes that nearly seem like irresistible opportunities for wealthy individuals to invest in wealth is that it has transformed into an oasis of innovative and breathtaking recreational spaces. Luxury homes often feature a broad range of physical infrastructure that inhibits a profoundly cosmopolitan environment, such as an open terrace, medical room, business lounge with desktop stations, kids’ laboratory, moon deck, prayer room, floating cabana, infinity pool, and snorkeling pool; other features include outdoor grills with open-air dining, mini theater, tuck shop, children’s gym, yoga room, kids’ mania, spa and salon, virtual golf simulator, gaming zone, and sun-tanning salon. Conversely, community centers, gymnasiums, and sports clubs have lost their shock value. 

Concurrently, numerous homebuyers have stated that they want to invest in communities that have earned green certification; this is a natural consequence of the post-pandemic awakening, which has led to a growing consciousness among individuals regarding their health. Due to their preference for aesthetically pleasing and health-promoting properties for their family, kids, and themselves, people frequently invest in luxury real estate. However, most luxury real estate agents are going green and incorporating eco-friendly building toolkits into their development agendas, taking a cue from Sustainability. Luxury projects now oversee the widespread inclusion of green areas such as herb gardens, butterfly gardens, bird’s zones, meditation zones, jogging tracks, pottery barns, and fragrance gardens to promote environmentally friendly homes. 

“Gurgram is the hottest luxury real estate market in NCR,” claims Vikas Garg, Joint Managing Director of Ganga Realty. The old roads’ aesthetic appeal and the new corridors’ quick construction, particularly those near the Dwarka Expressway, have helped the luxury real estate markets thrive and draw in new homebuyers. Sector 84 has grown to be one of the most significant areas for residential investment because of its proximity to the Dwarka Expressway and the Global City project. Additionally, contemporary luxury developments have a charming, timeless appeal and idyllic charm with a lavish array of internal and external amenities and built-in features that appeal to plenty of first-time homebuyers who desire homes with comprehensive features.” 

Saransh Trehan, Managing Director of Trehan Group, elaborates on the significant growth of independent floors in Gurugram, stating that “Independent floors have reached an optional level of purchases in Gurugram, undergirding a dramatic shift in favor of low-density living which offers privacy, enhanced security, and composure. “Among the most popular locations for independent floor options are Golf Course Extension Road and Southern Peripheral Road. These roads frequently offer many opulent amenities, stunning interiors, and comforts. Millennials and Gen-Z are known for preferring independent floors over shared ones. They prefer large apartments with flexible layouts, guaranteed privacy, and the freedom to come and go when they want to.  

India has a remarkable history and is the birthplace of luxury real estate. Globalization has sparked an endless period of acculturation, with Western concepts such as villas, low-density housing, and penthouses becoming thematically Indianized and appealing to home buyers who also want Indian luxury homemakers to adapt, explore, and reinvent themselves in multiple ways due to travel and cultural exposure. Although “luxury” was once thought to apply exclusively to bungalows, modern luxury real estate has expanded to meet the needs and preferences of various luxury home buyers. 

Sotheby’s International Realty report shows that India’s wealthy are considering real estate investments

High-net-worth individuals (HNIs) and ultra-high-net-worth individuals (UHNIs) showed substantial economic optimism in the India Sotheby’s International Realty (ISIR) annual Luxury Outlook Survey 2024, with a staggering 79% expressing confidence in the country’s positive trajectory for 2023-24, up from 59% the previous year. 

This positive outlook also applies to the real estate industry. 71% of respondents stated they intended to purchase real estate in the next 12 to 24 months, demonstrating strong confidence in the market despite a nearly 40% increase in property prices over the previous 24 months and an increase in mortgage rates. 

The main reason for real estate investment (44%), capital appreciation, has surpassed lifestyle upgrades. It indicates that investors are returning to the market with an emphasis on long-term appreciation. 

India is more confident than ever in directing its destiny. The International Monetary Fund projects that by 2027, the fifth-largest economy in the world will rise to the third rank. The country’s central bank, the RBI, forecasts 7% GDP growth in 2024. An all-time high in the stock market and record-breaking home sales in Indian real estate in 2023 are indicators of the growing economic momentum. The top end of the real estate market will benefit the most over the next 12 to 24 months. Goldman Sachs Group Inc. projects that the number of people in the affluent class will almost double to 100 million over the next three years. India’s ultrawealthy are growing. The ranks of the ultra-rich have continued to rise due to the strength of strat-up ecosystems and the increasing number of unicorns. Amit Goyal, MD of India Sotheby’s International Realty. “Our Luxury Outlook survey results show a renewed and heightened interest among investors who now view real estate as a compelling avenue for long-term wealth creation.”  

“The resilience and potential of the Indian economy are reflected in the remarkable shift in economic sentiment we are witnessing. The significant rise in fresh luxury project launches in the top seven cities in 2023 is unsurprising. Additionally, attitudes are changing consistent with real estate’s enduring value and potential for long-term financial growth. “We think investors are strategically positioning themselves for wealth accumulation and creating multi-generational wealth through real estate investments,” says India’s Sotheby’s International Realty CEO Ashwin Chaddha. 

Regarding home loan interest rates, the Reserve Bank of India (RBI) plans to begin lowering rates in 2024, according to 56% of HNIs and UHNIs, indicating a promising future for mortgages and financing. 

A startling 83% of wealthy Indians, according to the survey, own several luxury homes, indicating a trend of diversified real estate portfolios among the affluent. 

In addition to their primary residences, 34% of respondents showed off their commercial real estate, 25% their vacation homes, 21% their agricultural land, and 20% their farmhouses. 

Other noteworthy results showed that Goa was the preferred destination for 35% of holiday home buyers, indicating the long-lasting appeal of Goa’s lifestyle to Inia’s affluent. The desire to purchase real estate abroad stayed steady at 12%, with the USA and Dubai, United Arab Emirates, continuing to be the top destinations. 

A desire to consolidate their portfolios and concentrate on higher-quality properties and assets that generate income was indicated by 43% of UHNI and HNI respondents.  To research and view properties, 34% of UHNIs and HNIs have switched to using digital tools, such as walkthroughs and 3-D virtual reality, highlighting the impact of digital transformation even at the top of the luxury housing market. 

Experts predict that in 2024, India’s real estate market will reach new heights

Due to high demand and plentiful supply, India’s real estate market, which resumed last year following a two-year hiatus caused by the pandemic, broke records in 2023. Sales across all segments and new launches experienced notable growth in the year.  

Strong demand and plentiful supply in the residential market during 2017 point to its revival and sustained growth. Ninety-one percent of all sales in 2022 were residential, with 196,227 units sold in the first nine months of 2023, according to a study released by real estate consultant JLL. 

The market for luxury homes expanded at a rapid rate. Sales between January and September of 2023 by prices in the mid-segment (Rs 50-75 lakh). Nonetheless, the premium segment’s share (above Rs 1.50 crore) grew from 18% in 9M 2022 to 22% in 9M 2023. In the premium segment, the first nine months of 2023 saw the highest sales in Delhi, NCR, and Mumbai.

What Industry Insiders Have to Say 

“As the final curtain descends in 2023, the real estate industry witnesses an impressive surge, with Gurugram’s mid-housing sector taking center stage,” stated Pradeep Aggarwal, founder and chairman of Signature Global (India) Ltd. The year-end reflection reveals an upward trend from year to year and demonstrates a strategic ability to satisfy the growing demand for reasonably priced yet high-quality homes.” 

“In 2023, the Indian real estate sector experienced significant prosperity, particularly in the luxury real estate segment, witnessing a remarkable 97 percent surge in luxury home sales,” stated Aditiya Khushwaha, CEO and director of Axis Ecorp. It emphasizes the luxury real estate market’s tenacity and appeal.”

He believes that through 2024, there will still be a growing demand for luxurious real estate and vacation rentals. 

Rise Infraventures Limited co-founder and MD Shantanu Gambhir, “Gurgaon’s real estate saw a remarkable price appreciation in 2023, outshining Bengaluru and Noida.” Despite a surge in real estate prices, the city saw a startling 28.9 percent increase in demand quarter over quarter, surpassing the national average. We anticipate that this trend will carry over into 2024.”

The real estate market in Tier 1, 2, and 3 cities made significant progress in 2023, and this promising trend ought to continue through 2024, according to Mohit Goel, MD of Omaxe Group. Cities like Lucknow, Chandigarh, and Dwarka, as well as other areas, became important centers for high-end residential and commercial developments, adding to the appeal of these places. The year ahead anticipates an elevation in the real estate landscape, promising substantial returns on investment and robust job creation.” 

He says government policies have played a role in this growth by driving demand, launching new products, and aligning consumer behavior with changing supply dynamics. He also says that demand from cities alongside tier 2 and tier 3 towns shows how aspirational living spaces are becoming increasingly popular, thus changing the real estate market. 

“In 2023, real estate developers strategically expanded into tier-2 and tier-3 cities, acquiring 1,461 acres of land, primarily for residential developments,” stated Radheecka Rakesh Garg, director of Rajdarbar Realty. This pattern emphasizes how important non-metropolitan markets are becoming, particularly for low-rise and plotted formats.” 

According to Garg, 2024 will see even more dynamism in the real estate market, satisfying the hopes of India’s smaller cities as developers look into unexplored growth areas. 

The real estate market in India saw exceptional growth in 2023, particularly in the luxury home market, according to Nayan Raheja of Raheja Developers. Luxury and large living spaces were significant responses to changing urban tastes.

With a startling 216 percent increase in sales of luxury homes, Delhi-NCR became a hotspot. Positive economic indicators drove this spike in NRI investments. Raheja went on to say that in 2024, there will be no letting back in the upscale housing market. 

India’s Top 8 Housing Markets See 22% Increase in Sales and Bumper Growth: Report.

According to the most recent data from PropTiger.com, the top eight residential markets worldwide have shown strong growth, with a 22% in sales and a 17% increase in new supply during the third quarter of the calendar year (July-September 2023).

According to a report published by PropTiger.com titled “Real Insight Residential– July-September 2023,” residential unit sales rose to 1,01,220 in the third quarter from 83,220 units during the same period in the previous year.

All cities saw rises in sales, with the Mumbai Metropolitan Region (MMR) and Pune contributing nearly half of the total volume, excluding Chennai. 

The quarterly report tracks eight key housing markets: Delhi-NCR, MMR, Chennai, Kolkata, Bengaluru, Hyderabad, Pune, and Ahmedabad.

Sales information on apartments and villas is part of the data on the housing market. The micro-markets in Gurugram, Greater Noida, Faridabad, and Ghaziabad are all part of Delhi-NCR. Mumbai, Thane, and Navi Mumbai are all part of the MMR. 

The business head of PropTiger.com and CFO of REA India, Vikas Wadhwan, stated: “The housing markets in the top eight cities are still expanding. Positive customer sentiment supports the robust demand.” 

Pent-up demand, rising disposable income, steady interest rates, and rekindled investor demand were among the main drivers of the sales growth, according to Wadhawan. 

  • According to data from PropTiger.com, Ahmedabad’s year-over-year growth in housing sales is 31% higher, reaching 10,300 units from 7,880 units.
  • Sales in Bengaluru have registered a maximum growth of 60% to 12,590 units from 7,890 units. 
  • Delhi-NCR saw a 44% increase in sales, from 5,430 to 7,800 units. 
  • Hyderabad saw a 34% increase in sales from 10,570 units to 14,190 units. 
  • Sales in Kolkata have increased by 43% to 36,10 units from 2,530 units. 
  • Due to a higher base, sales in Mumbai have only slightly increased, from 28,800 units to 30.300 units. 
  • Pune’s sales increased by 18% to 18,650 units from 15,700 units. 
  • The only market to see a drop in sales was Chennai, where sales of 3,870 units fell from 4,420 units, a 12% decrease. 

“The market is consolidating, with demand centered around reputable developers, which gives homebuyers renewed confidence, especially for projects still under construction. It was not the case a few years ago.” 

31% of sales in the Q3 period occurred in the price range above Rs 1 crore, and 14% of units sold were ready to move into. 

The chief of research for PropTiger.com, Housing.com, and Makaan.com, Ankita Sood, stated: “Despite global difficulties, Indian real estate markets are strengthening in all major cities. The 22% rise in property sales from July to September and the 17% year-over-year growth in new launches indicate that we are in the midst of a residential real estate upcycle. We predict the holiday season will result in further revenue, perhaps breaking previous year’s records.” 

Regarding new supply, Ahmedabad grew the fastest, reaching 16,670 units, while other cities showed erratic trends. Even so, things remained positive overall, with 123,080 new units arriving– a 17% increase across the eight markets.