A REVIEW OF ENVIRONMENTAL LAW AND

SUSTAINABLE CONSTRUCTION IN SRI LANKA

DISSANAYAKE E.P.
October 2013

A REVIEW OF ENVIRONMENTAL LAW AND SUSTAINABLE CONSTRUCTION

IN SRI LANKA
Dissanayake E.P. and Silva M.L.D.
Abstract
Environment is webbed with thousands of other issues in an equilibrium. As such environmental pollution
disturbs the web causing life threat for present and future generations. Construction is becoming one of the main
causes of environmental pollution and depletion of natural resources. Sri Lankan construction industry too has
been identified as a major contributor for this situation. Meanwhile, to abstain the environment heading towards
irrevocable loss for future generations, a concept of sustainability has been evolved. As a result, sustainable
construction too has been adopted as an environmental protection precaution and rational concept for better
economical and social surroundings.
Background study reveals sustainable construction is becoming progressively important to Sri Lankan
development which requires regulations to cover many aspects of sustainable construction. Hence, this research
was aimed to check adequacy of laws for sustainable construction and if any insufficiencies are found, to
provide supplementary. As there are no specifically stipulated laws for sustainable construction in Sri Lanka,
environmental law was taken into consideration as it is based on environmental aspects, which is one of the
three pillars of sustainability.
Literature survey reviewed the status of sustainable construction and environmental law in Sri Lanka. Firstly,
the impact of sustainable construction to environment, economy and society were identified. Simultaneously,
different environmental laws and authorities in charge of them were identified. Secondly, expert questionnaire
survey checked the adequacy of prevailing environmental law for sustainable construction. The responses were
analyzed using descriptive statistics (mode and mean). This method could identify the environmental laws
which adequately cover environmental aspects of sustainable construction except certain social aspects and
economical aspects.
Insufficiencies found in questionnaire survey were presented at structured interviews with experts to obtain
supplementary suggestions. Analysis of interviews provide different suggestions for new laws, regulations and
supplementary provisions that has to be accumulated to existing laws and regulations for better sustainable
construction.
Key Words: Sustainable Construction, Environmental law

Introduction
In the post conflict stage of 30 years civil war, Sri Lankan construction industry is expected
to grow at a rapid pace. According to International Credit Rating Agency Lanka (ICRA,
2011), contribution of construction industry of Sri Lanka is about 70% for Gross Domestic
Fixed Capital Formation and it is about 8% to the countrys GDP, with growth since 2003.
Depending upon immense development activities carried out by the government and private
sector in 2012, the construction industry has recorded a phenomenal growth of over 17% in
their third quarter of 2011 versus 11% in the corresponding period of 2010 (Sirimane, 2012).
When considering above numbers and statements, it is visible that Sri Lankan construction
industry is playing an active position in the economy.
Parallel to these activities, complex economic conditions and trends have caused to underpin
the environmental degradation in Sri Lanka. Global and national pressures regularly
encourage development to take place in means of implementing over -priced, inappropriate
or obsolete infrastructure projects that are unsustainable both in environmental and economic
terms (Environmental Foundation Ltd [EFL], 2006). However, sustainability in construction
industry is a requirement expected by world now.
The idea of sustainability become wider in use in the world after 1980s with the concept of
sustainable development brought forward by Brundtland Commission. Accordingly, United
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Nations (UN, 1987) said that sustainable development is a development that meets the needs
of the present without compromising the ability of future generations to meet their own
needs. As per United Nations (2005), sustainability requires the reconciliation of
environment, social equity and economic demands which are also the 3 pillars (3 Es) of
sustainability.
The real question raised by Sunblad (2008) on sustainable development was What are we
going to leave to future generations? What good is technology if there is not enough power to
operate it? It is time to make changes for future now, by putting sustainable development in
place, making low-impact living a reality. This is a question that has to be answered in local
context too. Sri Lanka has been motivated to promote initiatives in support of sustainable
approaches to housing and infrastructure development segments as it was a country with
long, proud history of buildings respecting to local needs and conditions. (Sirimanna, 2007)
Accordingly, Sri Lankan construction sector is getting associated with sustainable
development.
Since consideration on environment is a pillar of sustainable development, it often needs to
discuss the impact on environment from construction. For instance, the National
Environmental Act of Sri Lanka and policy institutions as Central Environmental Authority
(CEA) are performing on the issues arose. Although, Schukoske (1996) stated that due to the
pressure between environmental protection and economic development in Sri Lanka,
enforcement of environmental laws presents special challenges. Both government and
nongovernmental organizations are there to act against on unfavourable effects or challenges
experience by environment of Sri Lanka as per the Schukoske (1996). As well as EFL (2006)
stated that environmentally degrading take place because of much wider institutional, policy
and legal factors. Furthermore, EFL argued that Environmental laws are weakly enforced in
Sri Lanka and due to that government agencies frequently fail to perform their duties
effectively. Political backing and widespread corruption allows and encourage misuse of the
environment and breaking of environmental laws.
When reviewing this literature, it can be highlighted that it is better to review the
environmental law with regard to sustainable construction process which can guarantee
healthy, future construction industry. In addition, up to this extent a research on this area has
not taken place. Therefore, this research is attempting more on reviewing the policies
regarding environment law to meet sustainable construction in an effective manner than what
is governing at the moment in the country. Hence, this is in aid to identify whether there are
any drawbacks in current system and what are the positive actions that can be taken into
action for assuring sustainability in construction.
Aim
The aim of this research is to review and determine the status of current environmental law
with regard to sustainable construction in Sri Lanka.
Objectives
1. Explore concept of sustainable construction and its impact on environment
2. Identify the status of environmental law prevailing in Sri Lankan legal system
3. Determine the adequacy of prevailing environmental law towards sustainable
construction
4. Suggestions to supplement the insufficiencies (if any) of environmental law
regarding sustainable construction aspects
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Research Methodology
Research methodology comprised three phases of literature synthesis, a questionnaire survey
and structured interviews. Literature synthesis helped to learn about literature on this subject
area and to develop the research argument. As well as literature synthesis of this study was
conducted with the purpose of covering the first, second and a fraction of third objective of
the study. Many of the printed materials such as books, journals, research papers and some of
the electronic materials have utilized in synthesizing the literature.
Literature synthesis was followed by an expert questionnaire survey. Purpose of this
questionnaire survey was to check the adequacy of prevailing environmental law regarding
sustainable construction. Findings of literature synthesis were used to prepare the
questionnaire while select the sample with the help of few pre-identified experts according to
snow ball sampling method. Descriptive statistics mode and mean used for data analysis.
Firstly mode values of responses were calculated to analyze the data and secondly mean
values were used to confirm the finding of first analysis. Findings of these analysis lead for
an interview survey to achieve the final objective of providing suggestions to supplement the
insufficiencies of environmental law regarding sustainable construction aspects.
Few of experts who participated to questionnaire survey were selected for the interviews by
considering their involvement in field of law, available time and opinions of other experts.
Since findings of the questionnaire survey clearly exhibit sustainable construction aspects, it
should supplement by law, interview guideline was prepared for structured interviews,
targeting direct suggestions for those particular sustainable construction aspects as to experts
opinions. Content analysis used to analyze the interviews with the help of QSR NVivo
(Version 8.0.340.0 SP4) software for arrange interviews data. Finally all findings of study
were used to formulate a conclusion and recommendation for study.
Current Status of Sri Lankan Construction Industry and Its Influence on Environment
With the end of war in 2009, it cleared the path for construction industry rise back and to
catch up with what industry missed for past three decades (Wijayapala, 2012). Further same
author stated that construction industry has shown a remarkable progress and become a major
contributor to the economic development of the country for the past three years by showing
that construction industry is one of the key industries that can put any country on the fast
track of development. Growth force of the construction sector accelerated to 21.6 percent in
2012 from 14.2 percent in 2011 with sustained increase in construction activities (Central
Bank of Sri Lanka [CBSL], 2013).
With such great economic development of construction industry, it is inevitable to discuss the
consequences of construction activities towards the environment. In terms of construction,
Balaban (2012) stated that although construction sector is generally accepted as the activator
of economic growth due to its strong back ward and forward linkages with other sectors;
increased construction activities could wind up with harmful economic, social and
environmental impacts. Environmental impacts of buildings over the entire life cycle process,
have been identified as a serious problem for construction industry (Tam et al., 2006).
Ministry of Environment and Natural Resources (2007) asserted that continuing economic
development and demographic pressures have lead to several environmental problems such
as water pollution and water scarcity, deforestation, loss of biodiversity, excessive misuse of
the land (especially sloping land) , destruction of coral reefs, urban pollution, and solid waste
and poverty within Sri Lanka. Sandanayake & Senaratne (2012) stated that urbanization and
construction industry has affected the natural environment harmfully and methods of
economic development also have created environmental problems through construction
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activities. Additionally, Environmental Foundation Ltd. (EFL, 2006) exhibited that

construction activities cause for damage and alteration of natural habitats (such as forests
felled, wetlands drained, destroyed coral reefs, rivers diverted and dammed), land
degradation, air, land, water pollution, climate change (burning of fossil fuels and emissions
of greenhouse gases) and degradation of the built environment.
Sustainable Construction
To address this contradiction between requirements of economic development and
environmental degradation the concept of sustainability is demanded at construction. Hill &
Bowen (2010) declared that development which proceeds to fulfil the social needs while
minimizing potential negative environmental impacts as sustainable development.
Smith (2010) stated that development which achieves the needs of the present without
disturbing the ability of future generations to meet their own needs can be defined as
sustainable development.

Environment

Economy
Whole Life Cost
Value engineering
Capital vs revenue

Economy

Environment
Minimize depletion of
natural resources
Prevent pollution
Reduce-Reuse-Recycle

Society

Social
Fit for purpose
Meeting place
Supports local economy
Minimize disturbance to
local residents

Figure 1: Sustainable construction

Source: Smith, N. (2010)

Hassan (as cited in Presley, & Meade, 2010) illustrated, since buildings are not like many
other manufactured goods and having several unique features such as long life time, choices
made about the design of a building can continue up to environmental and social impacts of
its use such as impacts on human health, energy consumption and productivity.
Impact of Sustainable Construction
According to The Pennsylvania State University (2004), sustainable design and construction
is earning tremendous heed in the construction industry while designers and owners are
learning that buildings can save energy and have a diminish impact on the environment with
smart design. In addition to conventional project goals of cost, time and quality highly
developed sustainable projects answer the issues of the environment, people and energy use.
Over the design and construction of typical building Richardson & Lynes (2007) has pointed
out four key benefits of green/ sustainable buildings as follows.
1. Environmental benets :- Primary reason for sustainable buildings

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2. Can reduce costs over the operational life-cycle to the owner/user :- water efficiency
savings, energy efficiency savings, cut down of mechanical equipment, condensed
costs of insurance and liability, reduced costs of demolition and site clearing
3. Increasing customer satisfaction by better indoor working environments and increase
profitability, productivity and reduce employee absenteeism
4. Increase the social reputation
Sustainable Development in Sri Lanka
Sustainable development vision of Sri Lanka is Achieving sustained economic growth that is
socially equitable and ecologically sound, with peace and stability (Ministry of Environment
and Natural Resources, 2007). Thalgodapitiya (2009) implied as sustainable construction are
becoming more and more important in development, it is required to develop building
regulations to cover many aspect of sustainable construction as the person is subjected to
punitive action when he is unable to maintain the minimum standards. However it is repented
that only few things have done by relevant authority in Sri Lanka with sustainable
construction is not even in their diction (Thalgodapitiya, 2009).
Prevailing Environmental Law in Sri Lanka
Sandanayake & Senaratne (2012) stated, due to progresses in science and technology, people
tend to take huge power over nature and it has made great threat to nature which can again
cause serious damages for human life, health and livelihood, suggesting environmental law as
the tool to drag the community and the country towards protected nature.
EFL (2006) stated it has embodied many of the concepts regarding natural resources and their
use in the Common Law and Case Law of Sri Lanka. As well as EFL (2009) mentioned that
international law and domestic law are the two principal sources of environmental law.
Important Environmental Laws Relevant to Construction in Sri Lanka
It has listed some important environmental laws in terms of Acts and ordinances, which are in
operation at this situation (EFL [2006] and EFL [2009]).
National Environmental Act No. 47 of 1980 (as amended by Acts No. 56 of 1988 and
53 of 2000) and the Regulations under the Act.
Fauna and Flora Protection Ordinance NO. 2 of 1937 (as amended by Act Nos. 49 of
1993, 12 of 2005) and the Regulations under the Ordinance.
Forest Ordinance No. 16 of 1907 (as amended) and the Rules and Regulations under
the Ordinance.
Nuisances Ordinance No 15 of 1862 (as amended)
Coast Conservation Act No. 57 of 1981 ( as amended)
Soil Conservation Act No. 25 of 1951 (as amended)
Felling of Trees (Control) Act No. 9 of 1951 (as amended)
Marine Pollution Prevention Act No. 35 of 2008.
Municipal Councils Ordinance No. 29 of 1947 (as amended)
Urban Councils Ordinance No. 61 of 1939 (as amended)
Pradeshiya Sabha Act No. 15 of 1987 (as amended)
Urban Development Authority Law No. 41 of 1978 (as amended)
According to the laws enacted as shown, it is crystal clear that there is no any single Act or
ordinance specifically addressing the requirements of sustainability construction.

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Questionnaire Survey
Purpose of the questionnaire survey was to find the status of existing environmental law
regarding sustainable construction in Sri Lanka. Questionnaire was comprised with closed
ended, adequacy checking questions, which supply the answer for the third objective,
whether existing laws are adequate, of the research. Questions were presented in matrix table
format as environmental laws (which were identified through literature) in one side and
sustainable construction issues (which were identified through literature and derived from
sustainability aspects in literature) in other side. To avoid being limited only to given laws
and issues, a column was provided to include other laws. In addition, free spaces were
provided to include sustainable construction issues as experts awareness.
Questionnaire mainly focussed on preventing level of environmental laws for the issues,
which are acting as barriers to achieve sustainability in building construction. This particular
preventing level was used to determine the adequacy of existing law for sustainable
construction. Sustainable construction issues in the questionnaire represented three pillars of
sustainability (Environmental, Economical and Social) and there were 21 issues to be
addressed under different environmental laws. Respondents had to select the adequacy level
of each law to address the each issue from Preventing Level table.
Questionnaires were distributed with the identification of new sets of experts from few preidentified experts, who have the capability of answering, by following snowball sampling
method. Subsequently, 45 questionnaires were distributed among all identified experts and 31
of them were responded. However, only 25 from those 31 responses were duly filled.
Determination of the adequacy of existing environmental law regarding sustainable
construction
Matrix table of questionnaire filled using scale of preventing level, indicating the adequacy of
each law regarding sustainable construction issues were analysed with the help of Microsoft
Office Excel 2010 software version. As explained in research methodology, analysis was
conducted on simple arithmetic mode of the data set. Accordingly, mode of preventing level
of each law with respect to each sustainability issue was calculated.
Preventing level scale for the questionnaire was as below,
Nil 1

Very Low - 2

Average - 3

High - 4

Very High 5

For an example, if preventing level of particular law for with respect to an issue marked as 4
(high), it is considered that the adequacy level of that law is also high. Hence, to consider a
law is adequate, law should at least require to prevent the issue averagely.
Therefore, assumptions were made as,
Consider a particular law is adequate for sustainable construction, when preventing
level is 3 or more than 3
Hence, Average 3 was set as the adequacy margin for the study
Determination of adequacy for a sustainable construction aspect considering all
environmental laws
If any environmental law can adequately (mode valve 3) cover the particular issue, then it
can be considered as the issues has covered by existing environmental law in Sri Lanka.
Therefore, it confirms existing environmental law is adequate for that particular sustainability
aspect. Literature survey recognized that sustainability in construction could be achieved
when issues put into the questionnaire have addressed adequately. If every issue can be
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evaluated separately by checking whether at least any law prevents the issue adequately, it is
possible to determine that existing environmental law is adequate for sustainable construction
in Sri Lanka. Thus, each law was considered at once against each sustainability issue.
Subsequently, maximum mode value for each issue was evaluated as in Table 1.
Legend for charts in Table 1;
A). National Environmental Act No. 47 of 1980
C). Forest Ordinance No. 16 of 1907 (as amended)
E). Coast Conservation Act No. 57 of 1981
amended)
G). Felling of Trees (Control) Act No. 9 of 1951
amended)
I). Municipal Councils Ordinance No. 29 of 1947
amended)
K). Pradeshiya Sabha Act No. 15 of 1987
amended)

B). Fauna and Flora Protection Ordinance No. 2 of

1937
D). Nuisance Ordinance No 15 of 1862 (as amended)
F). Soil Conservation Act No. 25 of 1951 (as
amended)
H). Marine Pollution Prevention Act No. 35 of 2008

(as
(as
(as

J). Urban Councils Ordinance No. 61 of 1939 (as

amended)
L). Other laws*

(as

Table 1: Mode values of all laws for each issue

Issue

Mode value chart

Max.
mode

At least one law has

preventing level
=>3

Yes

Yes

Yes

Yes

Yes

Yes

Environmental Issues
Damage to
vegetation
and
biodiversity

5
4
3
2
1

Indefensible
withdrawal of
natural
resources

5
4
3
2
1

Polluted air
emissions,
odour and
dust

5
4
3
2
1

Water
contamination

Costal and
marine
pollution and
degradation

5
4
3
2
1
A

Soil erosion
and
contamination

5
4
3
2
1
A

5
4
3
2
1
A

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Issue

Habitat
disturbance

Mode value chart

5
4
3
2
1
A

Excessive
misuse and
contamination
of land

Litter disposal

Disturbance
of sites of
natural or
heritage
significance
High energy
consumption

Yes

Yes

Yes

Yes

Yes

Yes

No

No

No

5
4
3
2
1
A

5
4
3
2
1
B

Yes

5
4
3
2
1
A

5
4
3
2
1
A

At least one law has

preventing level
=>3

5
4
3
2
1

Fire risk, heat

and pollution

5
4
3
2
1

Noise
disturbance
and Vibration

Max.
mode

Economical Issues
High whole
life cost

5
4
3
2
1
A

Poor value
engineering

5
4
3
2
1
A

High capital
vs. revenue

5
4
3
2
1
A

Page | 8

Issue

Mode value chart

Max.
mode

At least one law has

preventing level
=>3

Yes

Yes

Yes

No

No

Social Issues
Uncomfortabl
e and not fit
for purpose

Disturbance
to others

5
4
3
2
1
A

All
stakeholders
are treated
fairly

5
4
3
2
1
A

Deteriorate
quality of
human life

5
4
3
2
1
A

Harmful for
human health

5
4
3
2
1
A

5
4
3
2
1
A

Comparison of mode values and mean values

According to previous arguments and as to the Table 1, it is visible that all environmental
aspects of sustainable construction are adequately covered by existing environmental laws. In
addition, table showed that none of economical aspects and last two of social aspects have not
been adequately covered by environmental law.
To provide more validity for these findings of mode value analysis, maximum mode value
among all laws for each issue was compared with maximum mean value among all laws for
each issue and obtained the Figure 2.
5
4
3
Maximum Mean

Damage to
Indefensible
Polluted air
Water
Soil erosion
Costal and
Habitat
Excessive
Litter disposal
Noise
Disturbance
High energy
Fire risk, heat
High whole
Poor value
High capital
Uncomfortabl
Disturbance
Harmful for
Deteriorate
All

Maximum Mode
Adequacy margin

Figure 2: Comparison of maximum mode and maximum mean

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As to the Figure 2, maximum mean values too supported the same findings as there are
adequate laws to cover the environmental aspect, but not adequate to cover economical
aspects and two social aspects.
Questionnaire survey findings
Finally, it was found that existing environmental law could not adequately cover the
following sustainability aspects of building construction.
Economical aspects,
I. Low whole life cost
II. Fertile value engineering
III. Low capital vs. revenue
Social aspects,
I. Improve quality of human life (e.g. poverty)
II. All stakeholders in whole life cycle, are respected and treated fairly
Structured Interviews
After identifying sustainable construction aspects with no adequate environmental laws,
interviews were conducted to give suggestions to supplement the law, fulfilling fourth and
last objective of the research. First, questionnaire asked whether the respondent agree with
findings of questionnaire survey by yes no questions. Thereafter, suggestions were
obtained for each issue in a structured way. Four experts from 25 experts who faced to
questionnaire survey were selected for interviews.
Suggestions to supplement identified insufficiencies of environmental law regarding
sustainable construction aspects
Content analysis was used to analyze interviews after arranging interview data using the
software of QSR NVivo (version 8.0.340.0 SP4). Since there were no literature, which give
suggestions to supplement the environmental law regarding sustainable construction aspects,
interview findings were used to come-up with a conclusion. All four experts who participate
to the interview survey agree with the findings of questionnaire survey. Analysed suggestions
of experts were summarized in Table 2.
Table 2: Suggestions

Issue

Suggestions

High whole
life cost

A new regulation as only to approve designs that

minimize the whole life cost
Authorities were required to audit building in both
construction and maintenance phases to confirm the
practises to minimise the whole life cost of building
A regulation to obtain consultancy advice of maintenance
engineer and facilities manager for building design and
for their approval for design
Strict the rules in EIA and IEE to go for more
environmental friendly less energy consume building
designs

Relevant laws
& regulations

Local
authorities
ordinances

National
Environmental
Act
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Issue

Suggestions

New regulation to check and call value engineering

approach along with submission of building plan
A regulation to motivate the value engineering. As it
should give some benefit to the person who bring the
Poor value
value engineering proposal for the building
engineering
Regulation to call value engineering encouragement
clause in design agreements and building contracts
A new separate authority to monitor value engineering in
building construction as well as other economical aspects
Difficult and useless to introduce laws or regulation
Introducing regulation to companies to have a company
policy to do a feasibility study whenever they are going to
High capital
start building construction
vs. Revenue
While giving approval for building design, professional
advisers in local authority can give instruction to motivate
profitable methods of construction and utilize buildings
Difficult to introduce laws or regulation
A regulation for design as it should upgrade the life style
of people
Deteriorate of
human life A new authority for social benefit development. Then it
can bring regulations as Corporate Social Responsibility is
mandatory and this much of public capital involvement
should be there, for public industrial or financial building
projects
New regulations to demand and then followed by an
auditing of following details; labour and staff details, their
arrangements, agreements with them, occupational
satisfaction, health and facilities provided for them
Unfair treat
More regulations and amendment for existing laws as they
and
disrespect to cover labours in construction site. As well as there should
be a process to monitor sites and resolve their problem in
all
stakeholders easy way
A new regulation to educate staff and labour about their
own rights and laws

Relevant laws
& regulations

Local
authorities
ordinances

Laws relevant
to companies
Local
authorities
ordinances
Local
authorities
ordinances

Local
authorities
ordinances
Labour law,
Nuisances
Ordinance,
Health Services
Act and like
Human rights
laws and
Labour laws

According to the content analysis, it is noticeable that each aspect has a proposal or proposals
to supplement the environmental law. Since these suggestions are more subjective and
arguable, it was difficult to filter the most practical and suitable suggestions. At the same
time, these findings derived that environmental laws are not the only laws that can lead the
sustainable construction, but also other laws such as labour laws and company laws;
especially for social and economical aspects of sustainability.

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Conclusion and Recommendations

Sustainable construction has been adopted for better economical and social surroundings with
secured natural environment. With the rapid development in Sri Lanka sustainable
construction is becoming progressively important to the country. On the other hand, there are
various environmental laws in Sri Lankan legal system and several authorities to regulate
those environmental laws.
However Sri Lankan environmental laws adequately cover environmental aspects of
sustainable construction except certain social aspects and economical aspects. These
insufficiencies in law can be supplemented by introducing new laws and regulations or
amending existing laws and regulations.
Therefore, it is recommended to supplement the insufficiencies of law identify in this
research for better future. Relevant authorities of government can use this research as a base
to implement new policies for sustainable construction while referring the sustainable
construction practices of developed countries such as United Kingdom.
Furthermore, outcomes of this research can be used to educate on importance of sustainable
construction for Sri Lankan industry and how laws can regulate the sustainable construction.
However, it is better to conduct studies to measure the enforceability of existing
environmental laws regarding sustainable construction and to find the practicability and
suitability of suggested supplementary for environmental laws.

Page | 12

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