Zoning Laws in Nepal

Zoning laws in Nepal are regulations that divide land into different zones and specify the permitted uses of property within those zones. These laws aim to control and direct the development of land and buildings in a systematic manner. Nepal has been implementing zoning regulations since the introduction of the Land Use Act in 2019.

The zoning system in Nepal categorizes land into various zones such as agricultural, residential, commercial, industrial, forest, public use, and others. Each zone has specific rules regarding the types of buildings and activities allowed. For example, residential zones may restrict commercial or industrial activities, while agricultural zones may limit non-farming uses.

What are Local Zoning Laws in Nepal?

Local zoning laws in Nepal are regulations enacted by local governments to control land use and development within their jurisdictions. These laws are based on the broader national land use policies but are tailored to the specific needs and characteristics of each locality.

• Designation of land use zones (residential, commercial, industrial, etc.)
• Permitted and prohibited uses within each zone
• Building height and density restrictions
• Setback requirements from property lines
• Parking and open space requirements
• Environmental protection measures

Local governments like municipalities are responsible for creating and enforcing zoning ordinances in their areas. The Local Government Operation Act 2017 provides municipalities the authority to prepare and implement land use plans.

Difference between Zoning & Building Permits

Zoning Permits	Building Permits
Focus on land use and development patterns	Focus on structural safety and building codes
Regulate the type of activities allowed on a property	Regulate the construction methods and materials
Issued based on zoning ordinances	Issued based on building codes and standards
Typically required before land development	Required before starting construction
Administered by local planning departments	Administered by building departments
Ensure compatibility with surrounding area	Ensure safety and habitability of structures
May restrict building size, height, and placement	Specify construction requirements and inspections

Land Use Act, 2019

The Land Use Act 2019 is a landmark legislation that provides a comprehensive framework for land management and zoning in Nepal.

• Classification of land into 10 categories: Agricultural, Residential, Commercial, Industrial, Mining and Mineral, Forest, Public Use, Cultural and Archaeological, River/Stream/Lake/Wetland, and Others
• Establishment of federal, provincial and local level land use councils to oversee implementation
• Requirement for local governments to prepare land use plans
• Restrictions on changing designated land use without approval
• Provisions to control land fragmentation and promote land consolidation
• Prohibition on constructing buildings on agricultural land except for agriculture-related purposes

Land Purchase Limitations for Nepali Citizens

While Nepali citizens generally have the right to purchase land, there are some limitations:

• Land ceiling laws restrict the maximum amount of land an individual or family can own. The current ceilings are:
• Terai region: 10 bighas (6.77 hectares)
• Kathmandu Valley: 25 ropanis (1.27 hectares)
• Other hilly areas: 70 ropanis (3.56 hectares)
• Purchase of agricultural land may be restricted to those engaged in farming
• Special permissions may be required to purchase land in certain protected or restricted areas
• Non-resident Nepalis face some restrictions on land ownership
• Land transactions require approval from local authorities

Who regulates Zoning Laws in Nepal?

Level/Department	Responsibility
Federal Level	The Ministry of Land Management, Cooperatives, and Poverty Alleviation oversees national land use policies. The National Land Use Council, established under the Land Use Act 2019, provides overall guidance.
Provincial Level	Provincial governments have the authority to create land use policies and zoning regulations. Provincial Land Use Councils are responsible for overseeing implementation.
Local Level	Municipalities and rural municipalities are primarily responsible for developing and enforcing zoning ordinances. Local Land Use Councils manage land use at the local level.
Department of Land Management and Archives	This department, under the Ministry of Land Management, provides technical support and maintains land records.
Survey Department	Responsible for cadastral surveying and mapping, which serve as the basis for zoning.

Types of Zoning Laws in Nepal

1. Agricultural Zoning

Agricultural zoning in Nepal aims to preserve farmland and promote agricultural activities.

• Restriction on non-agricultural use of land
• Limits on subdivision of agricultural plots
• Permissions for agriculture-related structures like barns and storage facilities
• Restrictions on residential development, typically allowing only farm-related housing
• Promotion of agro-based industries in some cases

The Land Use Act 2019 places special emphasis on protecting agricultural land from conversion to other uses. Local authorities may require special permits for any non-agricultural development in these zones.

2. Residential Zoning

Residential zoning regulates the development of housing areas.

• Specification of permitted housing types (single-family, multi-family, apartments)
• Density restrictions (number of units per area)
• Building height limitations
• Setback requirements from property lines
• Open space and parking requirements
• Restrictions on commercial activities, with some exceptions for home-based businesses

Residential zones may be further subdivided into low, medium, and high-density areas. Some residential zones may allow for mixed-use development, combining housing with small-scale commercial activities.

3. Commercial Zoning

Commercial zoning governs areas designated for business and commercial activities.

• Permitted types of businesses and commercial establishments
• Building size and height regulations
• Parking requirements based on the type and size of businesses
• Signage restrictions
• Loading and unloading areas for goods
• Buffer requirements when adjacent to residential zones

Commercial zones may be categorized into local, district, and central business districts, each with specific regulations tailored to the scale and intensity of commercial activities.

4. Industrial Zoning

Industrial zoning regulates areas for manufacturing, processing, and other industrial activities.

• Types of permitted industrial activities
• Environmental protection measures and pollution control
• Safety standards and buffer zones from residential areas
• Infrastructure requirements (power, water, waste management)
• Building height and lot coverage regulations
• Restrictions on non-industrial uses within the zone

Industrial zones are typically located away from residential areas and may have special provisions for hazardous industries.

Compliance with Zoning Laws of Nepal

Before any land development or construction, property owners must verify the zoning designation and permitted uses of their land.

For any change in land use or development, a land use permit must be obtained from the local government. Construction projects require a building permit, which is issued only if the proposed structure complies with zoning regulations.

Local authorities conduct inspections during construction to ensure compliance with zoning and building regulations.Upon completion, an occupancy certificate is issued if the building complies with all zoning and building requirements.

Property owners have the right to appeal zoning decisions through designated administrative channels.

Laws governing Zoning in Nepal

1. Land Use Act, 2019: The primary legislation providing the framework for land use planning and zoning.
2. Local Government Operation Act, 2017: Empowers local governments to prepare and implement land use plans.
3. Town Development Act, 1988: Provides for planned development of towns and cities.
4. Building Act, 1998: Regulates building construction and is closely linked with zoning regulations.
5. Environment Protection Act, 2019: Influences zoning decisions related to environmental protection.
6. Ancient Monument Preservation Act, 1956: Affects zoning in areas with historical or cultural significance.
7. Forest Act, 1993: Governs zoning of forest areas and buffer zones.
8. Land Acquisition Act, 1977: Relevant for zoning changes involving government acquisition of land.
9. National Urban Policy, 2007: Provides policy guidance for urban planning and zoning.

Read More:

1. Real Estate Lawyers in Nepal
2. Property Lawyer in Nepal
3. Obtaining Building Permits in Nepal
4. An Overview of Real Estate Law in Nepal
5. Nepali Property Law for Foreigners

Conclusion

Zoning laws in Nepal have been proceeding through implementation of the Land Use Act 2019 for more systematic land management and development planning.

The multi-tiered approach to zoning regulation, involving federal, provincial, and local governments, allows for both national consistency and local adaptation.

The success of zoning laws will depend on continued efforts to improve implementation capacity, public awareness, and stakeholder participation.

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Disclaimer: This material is presented solely for informational purposes, without constituting legal advice, counsel, or solicitation, and no liability shall arise from any actions, omissions, or reliance on its contents, directly or indirectly, in any manner whatsoever, irrespective of the jurisdiction or specific circumstances.

Also Read: Land Act, 2021 (1964)