Sujata Awale
Various studies at different points in time have highlighted how Kath mandu is steadily being transformed into a concrete jungle due to haphazard constructions and unplanned urbanisation. However, the fact that a majority of the buildings were constructed for residential purposes only brings to the fore another formidable challenge to the already complex situation.

NUMBERS NOT ADDING UP
The misuse of building permits in the valley is growing vicious. The Nepal Census Report 2011 shows there are 613,606 housing units in the valley, in which 6,168 are under institutional ownership, 5,604 by others and the remaining under residential ownership.

There are 94 hospitals in the valley, as per records at the Ministry of Health and Population.According to PABSON, there are approximately 1,700 private schools, of which 15 per cent have their own school buildings and the rest have been set up in rented properties.

According to Kathmandu Municipality City Office (KMCO) records, 90 per cent of all buildings are registered as residences while only 10 per cent are registered as commercial buildings, shopping malls, warehouses, schools, religious or other structures. The Kathmandu Valley Development Authority (KVDA) records show only 65 apartments, 30 housing projects and a three star hotel have building permits till date in the valley.

“There are a growing number of cases where people change the purpose of the building without following the proper procedures,” says Dr Uttar Regmi, chief of Urban Development Division at KMCO. A building engineered for residential purpose is unable to bear the additional load if it is converted into a commercial structure, not to mention it will not be functional and a risk in case of a disaster like fire or earthquake. “Moreover it can also invite environmental hazards such as waste management problems, traffic congestion, noise and air pollution, et cetera if a residential building is used for any other purpose,” adds Dr Regmi.

National Building Bylaws 2008 consists of minimum guidelines to follow for the purpose of building residential houses, commercial buildings, schools, hotels or hospitals along with land use zoning.

The concerned authorities such as Department of Urban Development and Building Construction (DUDBC), KMCO and KVDA admit that they have not been able to enforce the Building Bylaws while giving permits. “The government has made building permits mandatory for hospitals and schools. Actually we have adequate laws but implementation and enforcement is weak,“ says Dr Regmi. “Loopholes in bylaws and weak monitoring mechanism are exploited by building owners who don't think twice before breaking the laws,“ he further adds. Agreeing with Regmi, Er Shivahari Sharma, superintendent at DUDBC, says, “Building bylaws need to be amended and simplified to obtain better results and to avoid builders taking advantage of loopholes.“

A CASE IN POINT
The case of International Housing Pvt Ltd (IHPL) is one of the latest instances that highlight the fact that Building Bylaws exist only in books. IHPL at Ghattekulo obtained building permit for apartments, but recently sold the structure to Kathmandu National Medical College without following procedures for purpose change.

In their defence, Aliakhtar Mikrani, project chief at IHPL says, “We weren't being able to sell the apartments, while the interests on loans were piling up. Hence, we transferred the property to the medical college as a temporary solution.“

According to Mikrani, alteration of property ownership has been paid to the Inland Revenue Office (IRO) and they have cleared the house and land tax.

Sharma, however, claims that according to Clause 15 of Building Bylaws, IRO is not authorised to transfer ownership of any house or apartment unless given a clearance from DUDBC.

While Mikrani states that they have sent a letter of dismissal for the apartment project to DUDBC, Sharma says, “Cancellations of a project is only possible in the initial phase of construction. In IHPL’s case, they’ve already finished constructing.” Stating that the structural and design requirements for apartment and medical colleges vary significantly, Sharma informs, “If a housing company wants to modify a building into a medical college, DUDBC should be formally notified and process for adjustment should be started, which the company has not done. Hence, their property was seized.” Sharma also alleges that the DUDBC team that had gone for site inspection found the company had added an extra storey, which was in violation of the building permit. Mikrani, on the other hand, states they have not flouted any rules.

“We’ve just added a temporary shed on the roof and it’s not an entire floor as DUDBC is claiming,” he says. He also claims that since only the skeleton of the building has been completed, suitable partitions can be made for classrooms.

Sharma, in this regard says, “The partition is not the issue here. The whole structure of building is not built to accommodate a hospital. Bylaws and National Building Code for apartments and hospitals are totally different in terms of maximum ground coverage, floor area ratio (FAR), staircase, safety measurements, lift, among other requirements.” According to Building Bylaws, the maximum ground coverage for apartments is 50 per cent whereas for hospital is 40 per cent. FAR for apartment is three, while it is two for institutions. Minimum requirement for staircase for residential purposed buildings is 0.9 metre while two metre staircase and ramp is compulsory for hospital, among other requirements.

Sharma opines that even if the company applies for alteration of purpose, there is no way the structure can be deemed appropriate for a medical college.

PLANS AND PROBLEMS
Although KVDA is an authorised body to formulate building bylaws, monitor the construction and enforce the laws, it agrees that they have not been able to fulfil these tasks. Pointing to the ministry, Bhaikaji Tiwari, district commissioner of KVDA says, “There is a serious dearth of coordination among the concerned authorities.“ Alleging that the ministry seems least bothered, he says, “We've analysed and researched possible amendments to the Building Bylaws, but the ministry has not even given a go-ahead, so it has been pending.“

Dr Regmi blames unprofessional consultants and designers for encouraging people to violate the rules and says they found that many house owners prepare dual con struction maps -one according to the law to acquire construction permits and the other for actual construc tion. Stating that KMCO is aware of the situation, he warns, “Buildings constructed by violating permits for maximum use of land will be blacklisted and may even be demolished or double penalised as per the severity of the offence.“ He also says that in case involvement of consultant and government officials is proven in dodging the rules, KMCO will take immediate action for termination of license of consultants, while the officials may face dismissal.

The government states it plans to improve monitoring of structures. Sharma, who is also a coordinator of the monitoring programme, says, “A committee has been formed to monitor construction within the valley and the ministry has already directed inspection of three per cent of buildings.“ The main objective of the programme is to discourage illegal structures, take action against professionals and civil officials who encourage illegal construction, push people to go for purposive buildings and to manage risk of a disaster.

According to KDVA, the team for inspection will be assigned to three main business hubs from Thapathali to Kathmandu Plaza, New Road gate to Bhimsensthan, and Thapathali to Minbhawan and buildings will be selected randomly .Sharma says they will continue to inspect boom in construction at village development committees like Imadole, Manmaiju, Jorpati, Saibu, Kapan, among others. While Sharma says field inspections will start from the coming week, Tiwari has doubts. “KVDA is plagued by serious human resource crunch to commence any new programmes. We've been pleading with the ministry time and again to fill the vacant posts with new recruitment, but to no avail,“ articulates Tiwari.
At present, there are 31 staffs in KVDA of the 49 allocated posts.

According to government officials, their intention is not to discourage transactions of property but to enforce the bylaws to ensure functionality and safety guidelines are being adhered to by the builders.


source: Awale, Sujata (2013),"Swtiching Over", The Himalayan Times, 2 feb2 013