The EIA process is tough but fair, and developers who win approval should let buyers know

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The EIA process is tough but fair, and developers who win approval should let buyers know

Tuesday, 06 May 2008

source: Bkk Post May 5 2008

Green seal of approval

Property developers have been complaining about Environmental Impact Assessment (EIA) reports, saying they are a major cause of delays in starting construction or delivering units to customers. But for property buyers, an EIA is a significant factor for concern when deciding to buy a unit. ''An EIA is a guarantee that a project owner gives to customers,'' says Kasemsun Chinnavaso, secretary-general of the Office of Natural Resources and Environmental Policy and Planning (ONEP).

''Many people misunderstand that an EIA is a permit but it's not. It's a must report for any place including a hotel, residential building, condominium or serviced apartment where many people live together for any activity, as the environment might be affected before, during and after the construction.''

For example, before construction, the area will be assessed and if there is piling work or other activity that may cause noise, dust or damage to the surrounding areas, the EIA report will specify how to prevent or manage possible danger.

After construction, the EIA is a guideline for how many people can live in the area without feeling crowded. An EIA report for a residential project must contain provisions for a green area where people can relax. If it is a large housing project, plans for public spaces and waste-disposal areas are required.

''Take Muang Thong Thani as an example,'' explains Mr Kasemsun, referring to one of the largest residential complexes in Asia. It is next to one of the region's biggest convention centres as well. ''When there's an exhibition, the number of people going there may be as many as 100,000 or more _ the equivalent to the population of Chiang Mai's Muang district. Everyone consumes and produces waste. So how can we manage waste water and rubbish amounting to at least 10 tonnes?''

The main goals of an EIA report, he says, are prevention, reduction, treatment and maintaining environmental quality.

Still, some developers resent what they see as more paperwork and delays at a time when costs of building materials and labour have been rising rapidly. Some invoke Article 39 of the Building Control Law to start construction before obtaining a construction permit.

That's a very bad idea, in Mr Kasemsun's view. ''Consumers will end up having problems,'' he says.

''Some developers agree to pay more for fast-track approval. But if they do everything legally and properly, they can save unnecessary costs. If they cannot do things right, finally the issue will return to square one.''

For property buyers, if an EIA report has not been approved, they may not be able to obtain their units as the project cannot be registered as a lawful building.

Mr Kasemsun believes developers should use EIA approval as a selling point instead of complaining about the system. Over the past two months, he has been talking to developers with approved reports, suggesting that they place messages confirming EIA approval in their brochures or advertisements.

''Many customers don't know how an EIA is important to them,'' he says. ''It can build confidence among buyers.''

"Many people misunderstand that an EIA is a permit but it's not. It's a must report for any place including a hotel, residential building, condominium or serviced apartment where many people live together for any activity, as the environment might be affected before, during and after the construction," says Kasemsun Chinnavaso, the ONEP secretary-general. THITI WANNAMONTHA

A thorough EIA report should cover waste management and water treatment systems, traffic flows, green area, air flow, security, fire prevention and sprinkler systems _ the most important elements in a high-rise building.

''If a project is waiting for an EIA and the developer wants to open sales, information about the contents of the EIA can be put in the brochure as the developer or its consultant has all the details.''

Mr Kasemsun likens an EIA to a take-home thesis. The ONEP provides a checklist for the preparation of an EIA report for registered consulting firms commissioned to do the reports.

Developers who run afoul of the rules could encounter even more costly delays since work on their projects could be forced to stop.

If the ONEP finds that a developer lacks proper approvals, it will hold discussions with representatives of the Bangkok Metropolitan Authority (BMA), the Department of Civil Engineering and its expert review committee. It will then conduct a site survey to determine whether the breaches are serious enough to warrant stopping construction.

If construction stops, the ONEP will check whether the report done by the consultant contained factual errors. If the errors are seen as intentional, the consultant will get a first warning and the information will be published on the ONEP website.

Ultimately, the process aims to secure co-operation and benefits for residents and their neighbours, says Mr Kasemsun.

There are even cases in which rules are eased. In early March the office cancelled a new requirement for condominium developers to plant one big tree for every ton of air-conditioning capacity, after deciding the rule was too strict.

''We cancelled it as some projects might have evaded the regulation by claiming they had no air-conditioning systems in their buildings. And after getting EIA report approval, they would install them or claim customers had done so later, at which point we wouldn't have been able to do anything.''

The department has reverted to an earlier regulation calling for one square metre of green area per resident or 0.5% of the total residential area. Half of the green space must contain big trees but the types grown are up to the developers.

Mr Kasemsun suggests that project owners and residents consider approaching the Forestry Department and the National Park, Wildlife and Plant Conservation Department, which encourage the enlargement of green areas. Project owners can even get a tax deduction.

Green areas may create extra work and expense but residents will get many benefits back, and the developers' images will be improved as well.

''I have trees at my house and every summer I have to sweep leaves _ more than 30 bags _ and hire BMA staff to dispose of them,'' he says. ''What I get back is shade and many little animals like squirrels, crows, cuckoos and doves and other birds. Sometimes I don't need an alarm clock. More importantly, I have 'relatives' visiting every year. They're giant honey bees.''

Full EIA report guidelines are available in Thai and English at the ONEP website: www.onep.go.th/eia