Eco-Friendly Farmhouse Policy in Haryana

Upendra Nath Sharma (Partner) & Bharat Bhushan Sharma (Partner), J Sagar Associates share with Realty+ their views on the recent DTCP notification on policy for setting of eco-Friendly farmhouse and consider it a feather in the real estate sector of Haryana
BY Realty Plus
Published - Friday, 24 Sep, 2021

Upendra Nath Sharma (Partner) & Bharat Bhushan Sharma (Partner), J Sagar Associates share with Realty+ their views on the recent DTCP notification on policy for setting of eco-Friendly farmhouse and consider it a feather in the real estate sector of Haryana In the past few months, Enforcement Department, Director Town and Country Planning Haryana (DTCP) razed several farmhouses constructed in the Gurugram, Sohna, Faridabad and other area of Haryana. There farmhouses were constructed without obtaining any specific permissions such as change in land use, building plan approval, etc. which causes harm to environment and development planning. Such demolition made the owners of the farmhouses circumspect of their investment in farmhouses. Recently, DTCP notified a policy for setting of Eco-Friendly Farmhouse dated September 17, 2021, bearing No. Memo No. Misc-57/2021/7/16/2021-ZTCP (“Policy”). Under the Policy, parameters have been prescribed for issuance of change in land use for setting up of eco-friendly farmhouse in the agriculture zone of hyper, high, medium and low potential towns beyond 500 square meters from the urbanizable zone of respective development plans areas. Salient Features of the Policy As per the Policy, eco-friendly farmhouse is defined as ‘a house constructed by the owner of a farm at his land for the purpose of: (i) main dwelling unit; and (ii) ancillary use.’ The main dwelling unit is permitted to be used for the residential purposes. The ancillary use building is permitted to be used for watch and ward/servant quarters and farm/animal shed. There will be no additional purchasable floor area ratio as per the provisions of Haryana Building Code, 2017. Also, the provisions of Haryana Apartment Ownership Act, 1983 will not be applicable on these farmhouses. The minimum area for the land for change in land use can be granted under the Policy is 1 Acre (equivalent to 4047 square meters) and above and subject to compliance of the conditions prescribed mentioned therein.

Farmhouse should be developed as a self-sustainable unit. Commercial usage of the site (such as banquet hall, party hall, recreational, religious, institutional, etc.) is not allowed.
It specifies the maximum permissible ground coverage and height of the main unit as well as the ancillary building depending upon the area of the land.
Construction of a swimming pool of maximum 50 square meters for the exclusive use of the owner is allowed, provided the same is not used for the commercial purpose.
Tree plantation will be required on a minimum of 15% of the land – a good move to keep the environment healthy and will encourage in planting more trees.
100% on-site processing of all green/animal waste is made mandatory.
Change in land use fees has to be paid as per normal residential use.
Solar panels for water heating system to be provided in the building.
Rainwater harvesting is made mandatory.
100% treatment and re-use of waste water to be ensured by the owner. No effluent should be generated from the site.
The District Level Monitoring Committee headed by the Deputy Commissioner and other officials of DTCP and other departments will undertake regular checks on the farmhouses to ensure the implantation of the provisions of the Policy.

In case of any misuse of the building by the owner, the farmhouse will be sealed, and penal actions may be initiated against the owner as per Section 12 of Punjab Scheduled Roads and Controlled, Areas Restriction of Unregulated Development Act, 1963. A Game Changer for Real Estate Considering actions being taken by DTCP against the unauthorized farmhouses, the Policy may be a game changer in the real estate sector and may boost sale of farmhouses in the State of Haryana. If the farmhouse has been constructed as per the conditions of the Policy, then no adverse action may be undertaken by DTCP. The prospective purchaser will also be comfortable in buying such farmhouse(s), being legally compliant with this Policy. The Policy is a balance of sustainable development at one hand and on the other hand, privacy of the owner(s) as well as leisure is also taken into consideration. Provisions under this Policy such as solar panels, rainwater harvesting, tree plantation, 100% treatment of water, etc. aim to restore the environmental stability. Separate ancillary building and swimming pool will ensure adequate privacy and comfort to the owners. The Key Challenge Having said that, one of the key challenge is going be access road. The Policy requires the approach road to be of 6 Karam (33 feet), however, in most of the places in Haryana, the approach roads in the agricultural zones are usually of 3 Karam (16.5 feet). Therefore, to meet the approach road requirements, one will have to have a self-made road by donating some land to gram panchayat/local authority. Overall, the Policy provides for a positive framework and would help the owners of farmhouses to be compliant with the law, while ensuring adequate protection of the environment.