Buying property near beaches or water bodies? 10 laws and rules buyers should know

Investing in real estate near coastal areas or water bodies can be an enticing prospect, offering picturesque views and proximity to nature. However, purchasing a waterfront property involves more than just considering location and price. The property's proximity to a coast or water body necessitates awareness of various environmental, land-use, and construction regulations that may impact the purchase and development of the land.

India's Coastal Regulation Zone (CRZ) Notification of 2019 is a crucial regulation that pertains to coastal properties. To begin with, buyers must ascertain the property's CRZ classification and its proximity to the High Tide Line. Furthermore, buyers must ascertain whether the intended construction or development aligns with the regulations stipulated for the specific CRZ zone.

The Environment Protection Act of 1986 forms the overarching legal foundation for environmental protection in India. This statute underpins several regulations governing environmentally sensitive areas, including the CRZ framework.

If the property is situated within a designated wetland, the Wetlands (Conservation and Management) Rules of 2017 come into play. Buyers must verify whether the intended use or construction of the property is restricted under these rules.

For larger construction, tourism, or development projects, the Environmental Impact Assessment (EIA) framework necessitates obtaining prior environmental clearance. This clearance process is particularly pertinent when considering significant investments in waterfront properties.

The Real Estate (Regulation and Development) Act of 2016 (RERA) is crucial for buyers of properties sold as part of a covered real estate project. RERA registration, approvals, and disclosures can be accessed through the relevant state RERA authority.

The Transfer of Property Act of 1882 governs the process of transferring immovable property. Buyers must independently verify the seller's title and legal authority to transfer the property. Registration of the sale document does not guarantee that proposed construction is permitted.

The Indian Easements Act of 1882 requires buyers to verify any claimed right of way or access to the property. The mere presence of a road or pathway does not automatically establish a legally enforceable access right.

State land-use and revenue laws vary across the country. Buyers should determine the property's classification—whether it is residential, agricultural, commercial, or another category—and whether additional permission is required for conversion or expansion.

Local building and zoning rules also play a pivotal role in determining what can be constructed on the property. These rules encompass setbacks, permissible construction, building height, and floor area. Ultimately, local regulations dictate the extent of development possible on the waterfront property.