The government has introduced a provision allowing land located beneath electricity transmission lines to be subdivided into plots.
Through the third amendment to the Land Use Regulation, 2079 (2022), a new provision has been made permitting the subdivision (plotting) of land that falls within the right of way (RoW) of transmission lines, while keeping ownership of such land in the name of the concerned landowner.
This provision, introduced to resolve problems faced during the construction of transmission lines, was published in the Nepal Gazette on Kartik 27 and has already come into effect.
Under the new arrangement, although land beneath transmission lines can now be subdivided, safety standards will remain unchanged. Construction of houses or other structures, planting of tall trees, or undertaking risky activities within the transmission line right of way is still prohibited.
During the construction and operation of transmission lines, a specific area extending to a fixed distance on both the right and left sides from the center of the line is designated as the right of way, considering safe operation, maintenance, and public safety.
The width of the right of way is determined based on the voltage level of the transmission line, tower height, conductor sag, and technical standards. Accordingly, the right of way is set at 18 meters (9 meters on each side) for 66 kV and 132 kV lines, 30 meters (15 meters on each side) for 220 kV lines, and 46 meters (23 meters on each side) for 400 kV lines.
During transmission line construction, land where tower pads are located is acquired by providing compensation, and ownership of such land is transferred to the project. However, for land falling within the right of way, ownership remains with the concerned landowner, who is provided a certain percentage of compensation. Currently, landowners receive compensation ranging from 10 to 25 percent of the evaluated value of land within the right of way.
The regulation allows land to be subdivided while retaining ownership in the landowner’s name if a written request is submitted along with a decision on land acquisition and proof of compensation provided by the concerned project.
The Land Use Regulation states that if the concerned project submits a written request with a decision on land acquisition and evidence of compensation paid to the landowner for land affected by the transmission line right of way, the land may be subdivided while keeping ownership in the name of the landowner.
Previously, landowners faced economic and social difficulties as they were unable to subdivide, transfer ownership, or use such land as collateral in banks and financial institutions due to parts of their land falling within the transmission line right of way.
With the new provision allowing subdivision of land within the right of way, land transactions are expected to become easier, enabling landowners to legally utilize their property.
