Before planning to undertake a construction project, numerous legal aspects and municipal regulations of the local region are necessary to be studied. One of these is land use in construction, which determines what type of structures can legally be built on a piece of land. Keep reading to understand exactly what land use is, its types, why land use planning is important and essential policies in India that guide it.
What is Land Use in Construction?
The utilisation of a region or property for specific purposes—such as residential, commercial or industrial development—is called land use. In most parts of the world, especially in urban areas, development is guided by generating comprehensive land utilisation maps, helping create more planned cities and nations. Even in India, land use planning authorities have developed several regulations and guidelines by studying local culture, history, ecology, economics and growth predictions.
Why is Land Use Planning Important?
- Systematic Development: Regulated land use and planning ensure that urban and rural development occur in a systematic manner. They restrict unplanned and uncontrolled growth while focusing on growth in areas that have economic and cultural potential.
- Equitable Resource Distribution: By organising land use and transportation, access to basic facilities like education, healthcare, food, water and recreation is assured in every area. Such resources get equally distributed in localised regions, preventing their accumulation in one particular area.
- Environmental Protection: By preserving rural land use, forests, water bodies, agricultural fields and other such ecologically sensitive areas, planned land utilisation protects natural resources and encourages sustainable building practices.
- Heritage Conservation: Historical monuments, cultural and religious centres and archaeologically important structures are some of the important spaces protected by land use master plans. This ensures that architectural and cultural records of history do not get erased with development.
- Investment Opportunities: Planned development and sustainable land use are factors that can be used to increase foreign or local investments in infrastructure, thus enhancing the growth potential of local, state and national regions.
Land Use Policies in India
In India, several government agencies at the national, state and local levels are responsible for implementing land use planning. The National Land Utilisation Policy of 2013—developed by the Department of Land Resources under the Ministry of Rural Development, Government of India—serves as a guiding framework for land use planning and management. This policy was created in collaboration with several departments like the National Land Use and Conservation Board (NLCB), Soil and Land Use Survey of India (SLUSI) and the National Wasteland Development Board (NWDB). According to it, two types of plans must be made by planning authorities:
- Perspective Plan: This is a long-term plan (for around 10-25 years) that guides spacio-economic development within every land use type in the region. For example, the Bangalore Development Authority (BDA) creates Revised Master Plans (RMP) for the development of Bengaluru city every 15 years, the latest one of which is the RMP 2031.
- Land Use Plan: These plans are made for short to medium time periods (3-5 years) and include master plans and regional development plans that implement the larger goals of perspective plans in systematic phases.
Different Types of Land Use in Construction
Different regions in India have different categories of land zoning, based on the local governing authorities and regional conditions. However, some of the common urban land uses according to Indian regulations are:
Residential Land Use
This typically includes villas, semi-detached houses, plotted residential developments, apartments, hostels, dharamshalas, multi-dwelling houses, service apartments and group housing that is part of development plans.
Commercial Land Use
Petty and large shops, hotels and restaurants, hospitals, shopping complexes, business areas, offices, financial institutions and cinema halls are included in this category. Generally, this category is divided into several sub-categories which allow the construction and operation of specific types of commercial buildings in specific areas.
Industrial
Includes light, medium and heavy industries, warehouses, storage spaces and service industries like BPOs, waste treatment centres and research and development labs. Land for use in industries is generally restricted to areas away from habitable regions.
Agricultural
Land utilisation for agriculture and activities related to food production are part of this category. This includes cultivating crops, managing pastures and croplands, animal husbandry and fishing. Often, soil testing methods are used to determine the soil fertility and categorise a property as agricultural land.
Traffic and Transportation
All areas that facilitate movement between different spaces are part of this category. In land plans, this includes vehicular and pedestrian pathways, bus bays, auto stands, railway stations, metro stations, airports, parking areas, cargo terminals and bridges.
Public Utilities
These include educational institutions, places of worship, religious and community centers, hospitals, municipal or government buildings and medical facilities.
Recreational Land Use
This includes parks, open spaces, playgrounds, sports fields and other spaces provided to enhance the wellbeing of residents in the local region (can be either private or public spaces).
Apart from these common types, it is generally necessary to take special permissions while obtaining building plan sanctions for other types of construction projects, such as mixed land use developments. If any changes are required from the allotted use as per local land use maps, special permission must again be taken from the respective municipal authorities, which may or may not approve the requests.
Important Land Use Management Areas (LMAs)
According to the National Land Utilisation Policy of 2013, land use zoning must give priority to the following types of LMAs:
Protected Areas
These are specifically identified and geographically marked areas that have legal protection from the government because they are ecologically or culturally sensitive. Land utilization by forests, national parks, biospheres, tribal settlements and historical monuments are part of this.
Regulatory Areas
They are not legally protected areas, but have important functions and changing land use here is prohibited. This category includes tourist spots, fertile agricultural land, rural settlements and land with crucial natural resources.
Reserved Areas
Areas that are under pressure to develop and may undergo changes if not protected are called reserved. They include forests or ecologically/ historically sensitive regions close to developing economic/ urban centres or major roads.
Guided Development Areas
In these areas, specific plans for land use and zoning are included in the regional master plans or perspective plans. Thus, they guide the overall development of the local region and their uses cannot be changed easily. For example, many Special Economic Zones (SEZs) have been created in India specifically for the purpose of attracting investments.
These landmarked areas are important factors affecting land use in specific regions and are closely monitored by various land and building departments in India. Violating the construction rules and regulations in these areas can lead to strict legal actions taken against offenders.
Ensuring the Right Land Use for Your Construction Project
Buying new land or building on it is a challenging task as it involves multiple legal processes, one of the main ones of which is to verify the existing land use. Brick & Bolt is a top construction company in India which provides end-to-end building services, including help with the completion of legal processes for construction. Its team of architects, site engineers and other construction professionals are experts in verifying legal aspects and creating customised building plans for the existing conditions and client requirements. To ensure that your new home or commercial building is constructed after due diligence on land use planning, reach out to Brick & Bolt today!
Apoorva H P Achar