Real estate developers usually focus on the building permit, drawings, financing and marketing, then discover late that their project has environmental requirements that never made it into the schedule. The rule: the larger the project and the more units and services it has, the more the environmental file matters, from classification before design, to managing the construction site, to managing the compound after handover. This is a developer's guide to the environmental requirements for villa projects and residential compounds under the Environment Law's regulations and the Waste Management Law.
A single villa vs a development project
- A single villa: goes through the municipal building permit, and its environmental obligations focus on site management: dust, noise and taking waste to approved sites.
- Development projects and residential compounds: large construction projects with road networks and services, sometimes with a wastewater treatment plant or commercial facilities. Here the Environmental Permits Regulation applies to any activity expected to have an environmental impact, and the National Center for Environmental Compliance (NCEC) sets the category and requirements after reviewing the classification form.
When does the compound's environmental file start?
Before any construction work, because the environmental construction permit is required before execution. Ideally the environmental assessment is part of the feasibility study and preliminary design, as the regulation directs, because some issues are easier to solve on paper than after construction: the treatment plant location, stormwater drainage, waste rooms and truck routes, and distance from sensitive receptors. A project within or 500 meters or less from an environmentally sensitive area needs a detailed EIA.
A common mistake: splitting the project
Dividing the project into small phases and submitting each as a separate project to lower its category gives NCEC the right to reject the study or cancel a previous approval, under Article 9 of the regulation. The project is assessed as a whole from the start, then built in phases if you wish. Remember that the construction permit is valid for three years, extendable by two for large projects if the extension request is included in the EIA study.
During construction: the site
- Dust: Article 7 of the Air Quality Regulation requires anyone excavating, building, demolishing or transporting waste to cover or spray airborne-prone materials, use vehicles that prevent dust emissions and stabilize haul routes.
- Noise: the Noise Regulation allows the area's limits to be exceeded during construction only from 7 a.m. to 6 p.m., by at most 10 dB for works up to 2.5 hours, 5 dB for works of 2.5 to 8 hours, and no increase for longer works. Anything else needs an NCEC permit.
- Construction and demolition waste: sorted and transported by carriers licensed by the National Center for Waste Management (MWAN) to approved sites, with a document for every load.
- Hazardous materials: fuel, oils and paints stored on surfaces that prevent leaks.
- The site environmental management plan: applied by the contractor, who documents its implementation.
Operation: the compound after handover
- Waste management: Article 12 of the Waste Management Law requires residential and commercial compounds to contract a licensed service provider. Waste room size, location and collection route are decided at design.
- The wastewater treatment plant, if any: operation, maintenance, treated water quality monitoring and handing sludge to a licensed carrier. Dumping untreated wastewater into any environmental medium is among the violations heard by the competent court.
- Commercial facilities in the compound: restaurants, laundries and fuel stations may need their own permits.
- Equipment noise: generators, plant pumps and cooling towers near villas; low-density residential limits are 50 dB by day and 40 at night.
Checklist for developers
- Environmental classification at the feasibility stage, before design approval.
- Check the distance from sensitive receptors and areas.
- Fix the treatment plant location and treated water destination, if any.
- Design waste rooms and the collection route.
- Obtain the environmental construction permit before work starts.
- Include a site environmental management plan in the contractor's contract.
- Contract a licensed waste service provider for operation.
Frequently Asked Questions about Residential Compound Requirements
Does every villa project need an environmental permit?
NCEC decides after classification, based on the project's size, services and location. Large projects with services and facilities are more likely to need one.
Who is responsible for environmental compliance on site, the owner or the contractor?
The permit is in the owner's name and the contractor applies its conditions on site, so environmental obligations are written explicitly into the construction contract.
What if the construction permit expires before work starts?
A new application and a new fee are required and the fee paid is not refunded, so the permit timing is coordinated with the construction schedule.
Is contracting a licensed waste carrier mandatory for a compound?
Yes. The Waste Management Law requires residential and commercial compounds to contract a licensed service provider.
How Abak Green helps
As the environmental arm of ABAK Engineering Consulting, we bring together in one file the building permit and drawings, the environmental permit, the site environmental management plan, and the compound's waste and treatment plant plan after operation. Contact us about your residential project.
