Government Prepares to Amend Land Use Regulations for Easier Allocation

The government is set to amend the existing land use regulations with the goal of streamlining land allocation processes. The decision to amend the regulations was prompted by a need for more clarity and efficiency in land allocation, as announced by the Cabinet in Jestha of the previous year. However, due to ambiguities within the initial amendment, the Ministry of Land Management, Cooperatives, and Poverty Alleviation, along with its subordinate offices, refrained from implementation. Subsequent preparations were initiated to address these issues and revise the regulations once more.

The Ministry of Urban Development has sought recommendations and proposed amendments, which have received approval from the Ministry of Law.

The National Land Use Policy was introduced in 2069 with the objective of curbing land fragmentation and safeguarding arable land. Following the introduction of a new land use law by the parliament in 2076, the specific land use regulations were established in 2079. With the aim of making land allocation more straightforward, the government has undertaken revisions to the regulations within a year.

The forthcoming amendments will provide a framework for land allocation even in the absence of local-level land classification. The intention is to facilitate the allocation process, particularly for lands designated as commercial, thereby eliminating previous restrictions on minimum land area for division. Additionally, the changes will affect the distribution of previously halted "Mohi" land allocations.

Under the revised regulations, distinct standards will be established for agricultural, residential, and commercial land within the categorized land types. The amendments are being designed to align land standards with the quality of local roads in both commercial and residential areas.

The existing land use regulations encompass various classifications including agricultural, residential, commercial, industrial, mining and mineral, forest, river, lake, wetland, public use, cultural and archaeological significance, and other designations made by the government. Previously, the regulations stipulated that land allocation required specific classification, creating obstacles for both agricultural and non-agricultural land transactions. This arrangement adversely impacted land transactions nationwide.

As long as local-level land classification remains absent, land acquisition will remain suspended. Moreover, the regulations will continue to apply to classified lands, leading to complications for land investors and ordinary individuals engaged in land transactions.

In response to this situation, local authorities began categorizing land within their jurisdictions through the Land Use Council. To date, 191 local levels have successfully categorized land.

During the implementation of the revised regulations, challenges related to ambiguity arose among the staff of the Ministry of Land Management, resulting in a directive from the Cabinet Office to resubmit the revised regulations. Subsequently, the amendment proposal has been submitted and is expected to receive approval from the Council of Ministers in the near future, according to sources. Prime Minister Pushpa Kamal Dahal has expressed his intention to collaborate with private sector representative organizations to expedite land allocation.

Nevertheless, the Ministry foresees a brief delay before the regulations are presented to the Prime Minister and Council of Ministers Office for final approval.The draft proposal is ready for submission to the Council of Ministers once final preparations are completed.

The revised regulations will facilitate land acquisition to some extent. The revised proposal addresses concerns related to the classification process and offers guidance on handling situations without established classifications.