Present Status of Apartment Building Approval and Construction

PRESENT STATUS OF APARTMENT BUILDING

APPROVAL AND CONSTRUCTION IN

KATHMANDU VALLEY

Study Report

SUBMITTED TO

NEPAL ADMINISTRATIVE STAFF COLLEGE JAWALAKHEL, LALITPUR, NEPAL

In partial fulfillment of “Advanced Course on Management and

Development” for Class II Officers of the Government of Nepal

(Paush 23 – Falgun 10, 2069)

SUBMITTED BY:

Binay Charan Shrestha (DUDBC)

Dilip Kumar Sadaula (DSCWM)

Kamaldeo Prasad Shah (DoR)

Mahendra Dhose Adhikari (MoHP)

Rudra Nath Devkota (MoHA)

Sanjaya Dhungel (WECS)

FALGUN 2069

ACKNOWLEDGEMENT

We would like to extend our sincere gratitude to respective Ministries for providing

opportunity to take part in the training program and Nepal Administrative Staff

College for providing the training.

We are grateful to Division Chief Mr. Shiv Hari Sharma, Engineer Mr. Himal KC and

Architect Mr. Rajendra Khatiwada of Department of Urban Development and

Building Construction, Division office Kathmandu, for providing data / information

on the topic and also for extending continued support to complete the study.

We are very much thankful to Mr. Ishwari Prasad Ghimire and his team members Mr.

Santosh Koirala, Mr. Hari Lal Gyawali and Ms. Achala Dahal for their kind

cooperation during the whole training period.

We would also like to convey our sincere thanks to the respondents from the Kalash

Apartment, Tahachal, Kathmandu for providing the insight of the apartment living.

Finally, the study team would like to express their sincere gratitude to all who directly

or indirectly helped in bringing this report in the present form.

The Study Team

Abstract

The study entitled “Present Status of Apartment Building Approval and Construction

in Kathmandu Valley” has been undertaken as a project work in the context of

completing “Advanced Course on Management and Development” for class II

officers of Government of Nepal conducted by Nepal Administrative Staff College

during the period of Paush 23 to Falgun 10, 2069.

Job opportunities and availability of physical facilities causes rapid increase in

population in the urban areas. The increase in population demands the housing

facilities and accordingly the construction of multi-story buildings/apartments are

taking place. Apartment construction is providing the business opportunities for the

builders, financial institutions and manufacturers of construction materials.

Realizing the need to provide safe as well as quality living standard housing facilities,

government has designed the procedures and mandated different agencies as a

regulators. This study is focused mainly in examining the apartment buildings

approval procedures as well as monitoring and supervision process currently practiced

by DOK.

The relevant primary data are collected from residents of Kalash Apartment through

questionnaire survey and secondary data are collected from DUDBC, DOK. The

collected data were analyzed and inferences were drawn. Till Paush 2069, sixty-four

apartments have obtained approval from DOK in the Kathmandu Valley out of which

thirteen apartments are in operation with completion certificate and 15 are on

operation without obtaining completion certificate. 28 are under construction and 8

apartments have yet to start construction. There are many agencies (at least 6)

involved in apartment approval process. DOK lies at the core, but is working under

the condition of resource constraint.

Many issues have emerged as pertinent and challenging in this sector. Some of them

are related to project management while other is ethical.

The apartment construction processes have been found to be streamlined gradually.

However, enhancements of capacity of regulating agencies are yet to be in place to

provide safe and quality apartments to the residents.

i

TABLE OF CONTENT

TABLE OF CONTENT .................................................................................................. i 

LIST OF TABLES ....................................................................................................... iii 

LIST OF FIGURES ..................................................................................................... iii 

LIST OF ABBREVIATIONS ....................................................................................... iv 

1. INTRODUCTION ..................................................................................................... 1 

1.1  Background ..................................................................................................... 1 

1.2  Objectives ........................................................................................................ 3 

1.3   Methodology ................................................................................................... 4 

1.4   Limitations ...................................................................................................... 4 

2. INTRODUCTION OF THE ORGANIZATION ....................................................... 5 

2.1  Introduction ..................................................................................................... 5 

2.2  Vision .............................................................................................................. 7 

2.3  Objectives & Strategies ................................................................................... 7 

3. DATA PRESENTATION & ANALYSIS ................................................................. 9 

3.1  Early Initiatives ............................................................................................... 9 

3.2  Approved Apartments ..................................................................................... 9 

3.3  Apartments Locations and Unit Details ........................................................ 10 

3.4  Apartments on Approval Process .................................................................. 11 

3.5  Apartment Approval Procedure .................................................................... 12 

3.5.1  Planning Permit ...................................................................................... 13 

3.5.2  Environmental Approval ........................................................................ 14 

3.5.3  Apartment Approval .............................................................................. 14 

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3.6  Monitoring and Supervision .......................................................................... 16 

3.7  Issuance of Completion Certificate ............................................................... 17 

3.8  APARTMENT LIVING CONDITION ........................................................ 17 

3.8  KEY ISSUES ................................................................................................ 18 

3.8.1  Time Taken for Approval Process ......................................................... 18 

3.8.2  Project Management Issues.................................................................... 19 

3.8.3  Insufficient Resources ............................................................................ 19 

3.8.4  `Unethical Practices ............................................................................... 20 

4. MAJOR FINDINGS, CONCLUSION & RECOMMENDATIONS ....................... 21 

4.1  Major Findings .............................................................................................. 21 

4.2  Conclusion ..................................................................................................... 22 

4.3  Recommendation ........................................................................................... 22 

Bibliography ................................................................................................................ 24 

APPENDICES ............................................................................................................. 25 

Appendix 1 ................................................................................................................... 26 

Appendix 2 ................................................................................................................... 31 

Appendix 3 ................................................................................................................... 34 

Appendix 4 ................................................................................................................... 41 

Appendix 5 ................................................................................................................... 45 

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LIST OF TABLES

Table 1: Status of the 64 Apartments having apartment approval ................................. 9 

Table 2 Number of apartments inside and outside the ring road ................................. 10 

Table 3: Status of apartment proposals on approval process ....................................... 11 

Table 4: Screening Criteria .......................................................................................... 14 

LIST OF FIGURES

Figure 1: Location of apartments within the Kathmandu valley ................................. 10 

Figure 2: District wise distribution of approved apartments ....................................... 11 

Figure 3: Apartment Approval Procedure .................................................................... 13 

Figure 4: Kalash Apartment ......................................................................................... 35 

Figure 5: Fire Escape in Kalash ................................................................................... 35 

Figure 6: Fire Hose in Kalash ...................................................................................... 35 

Figure 7: Questionnaire survey .................................................................................... 35 

Figure 8:Violation of Planning Permit ......................................................................... 36 

Figure 9: Change in Approved Design ........................................................................ 37 

Figure 10: Inadequate Safety Measure ........................................................................ 38 

Figure 11: Partial Dismantling of Major Structural Member ...................................... 39 

Figure 12: Use Change Without Prior Approval ......................................................... 40 

Figure 13: Organization Chart of DUDBC .................................................................. 46 

Figure 14: Jurisdiction of DUDBC division office (source DUDBC) ......................... 47 

Figure 15: Organization Chart of DOK ....................................................................... 48 

iv

LIST OF ABBREVIATIONS

CANN Civil Aviation authority of Nepal

DOK Division Office Kathmandu

DUDBC Department of Urban Development and

Building Construction

EIA Environmental Impact Assessment

IEE Initial Environmental Examination

KVDA Kathmandu Valley Development Authority

KVWSMB Kathmandu Valley water supply Management

Board

MoPPW Ministry of Physical Planning & Works

MoUD Ministry of Urban Development

MoSTE Ministry of Science, Technology &

Environment

NNBC Nepal National Building Code

NRRC Nepal Risk Reduction Consortium

OJHA Ownership of Joint Housing Act

OJHR Ownership of Joint Housing Regulation

1

CHAPTER 1

1. INTRODUCTION

1.1 BACKGROUND

The study entitled “Present Status of Apartment Building Approval and Construction

in Kathmandu Valley “has been undertaken as a project work in the context of

completing “Advanced Course on Management and Development” conducted by

Nepal Administrative Staff College from Paush 23 to Falgun 10, 2069.

The National Census (2068 B.S.) revealed that the total population in Nepal is

26,494,504. Out of which the male and female population are 48.50% and 51.50%

respectively. The populations settling in the urban areas are 17.07%.The density of

population in the urban area is 1381 compared to 153 persons per square kilometer in

rural area. Though Nepal has the lowest urbanization rate in south Asia at 14 per cent

its urban growth rate is 6.4 per cent which is the highest in south-Asia. In the last

decade population growth in the urban areas was 3 times that of the country as a

whole. Kathmandu has high population density (4416 person per square kilometer)

compared to other part of the country. Nepal has a total of 5,423,297 households, of

which 85.26% and 12.81% families are residing in their own house and rented houses

respectively. The total number of houses/buildings or residential structures until 2068

are 4,768,196.

The development pace between rural and urban parts of the country resulted people

migrating to urban areas for better opportunities and quality life. Opportunities for

self-employment in enterprises have attracted people in urban areas. Health, education

and other facilities are well developed in urban areas compared to rural. The

migration of the large rural population from the countryside and the influx of

foreigner for business and other purposes have created a need for additional housing

facilities. The available land in the urban areas is limited to provide housing facilities

to the growing population. In order to cater the housing needs of increasing

population, multi-story buildings in the forms of collective and apartment housings

are being developed. People residing in urban areas have less time to arrange the

various physical facilities and security measures on their own. Further, those residing

2

in the individual houses also prefer to move into the apartments for availing better

security and physical facilities. The good earning populations, who are unable to

spend time for building their house are also seeking for the readymade

apartments/buildings. These factors necessitate the need for the apartment buildings.

Increase in demand of housing will continue as the new generation prefers nuclear

families.

The growing demand of the apartments has provided the opportunities for business

communities to diverse the investment in the multi-story building sector. Likewise,

the commercial banks, financial institutions and cooperatives also took this as an

opportunity to diversify the loan portfolio. The construction materials manufacturers

and suppliers are also attracted in this sector. The skilled and unskilled construction

workers also prefer to work in multi-story building construction as it provides long

term employment with assured wages. Thus, the builders, financial institutions and

manufacturers are putting collaborative efforts to get cash benefits from the housing

business.

Building construction around a decade ago was completely a personal matter. There is

a tradition of constructing houses through self-effort and utilizing own resources and

means. The local municipalities were the only authority to give approval to construct

a house after examining the drawings and inspecting the construction site. The limited

technical and financial resources in the municipalities has posed a problem to examine

the overall aspects of construction that includes environmental assessment, structural

design, sanitary, water supply and plumbing system, firefighting system, electrical

system and design etc. in details. These factors are of utmost importance to maintain

safe and quality living.

Considering these aspects, government has formulated 'National Shelter Policy, 2012'

with the vision of providing housing, which is safe, adequate and as per living

standard to all. Change in attitude and working style of both regulating authorities and

construction entrepreneurs are the prime factors for translating the vision into reality.

Multiple agencies are involved in providing clearance to the builder for apartment

construction. Ministry of Science, Technology and Environment (MoSTE) is

responsible for Environmental assessment, Kathmandu Valley Development

3

Authority (KVDA) is for providing planning permit, Civil Aviation Authority

(CAAN) is for clearing safe flying zone, Kathmandu Valley Water Supply and

Management Board (KVWSMB) for groundwater use and Department of Urban

Development and Building Construction (DUDBC) granting approval for apartment

construction. After the clearance from these agencies, final approval is given by the

concerned local government (Municipalities / Village Development

Committee(VDC)).

In the construction of apartments, on the one hand multiple regulatory agencies and

on the other several builders/companies from different background are involved. The

objective of regulatory agencies is to ensure compliance of specified design as well as

quality construction and safety measures whereas, the objective of the

builders/companies is to complete the construction at earliest with minimum cost

ensuring higher profit. The regulating agencies should sincerely adhere to the stated

policy and procedure to approve, monitor and supervise the construction process.

Likewise, the honest effort of the builders is required for timely completion and

quality of construction.

In this context, the team has identified the apartment construction process including

monitoring and supervision as a pertinent issue and decided to undertake as a study

project.

1.2 OBJECTIVES

The general objective of the study is to review the present status of apartment

construction industry in Kathmandu valley.

The specific objectives are:

To assess the apartment construction approval procedures.

To examine the monitoring and supervision process currently adopted by

DUDBC, DOK.

To access the present apartment living condition in a sample apartment.

4

1.3 METHODOLOGY

The information on the apartment construction approval process was gathered from

presentation made by officials from DUDBC, DOK. The unpublished materials

provided during the presentation were reviewed and studied in detail. Legal

provisions relating to apartments were also studied from different acts, regulations

and building bylaws.

The study group visited the Kalash apartment, Tahachal and interacted with the

apartment dwellers and collected necessary information and verified them through

observation at the site. The inference has been derived based on the available data.

1.4 LIMITATIONS

The present study is mainly based on secondary data / information collected

from DUDBC, DOK.

Review of apartment construction approval procedure is mainly focused on the

role of DUDBC, DOK.

The primary information collected is from one apartment (10 residential units)

only and may not represent the case of all the apartments. It is of qualitative

type and only subjective inferences have been made.

5

CHAPTER 2

2. INTRODUCTION OF THE ORGANIZATION

2.1 INTRODUCTION

The first public entity office established in Nepal for construction sector was named

as “Banaune Adda” in 1970 BS during the Rana Regime. Its main objectives were to

maintain the royal palace, existing government buildings and construction of new

project. This office was then renamed as the Department of Building (DoB) in 2020 BS under the then Ministry of Works and Transportation (MoWT) and was mandated

to design and construct the government buildings. From the fiscal year 2027/28 the

department was reformed as Department of Housing, Building and Physical Planning

(DHBUP) and was also mandated to address the growing need of housing and Urban

Planning in Nepal.

In 2044 BS the government of Nepal gave priority to planned urban growth as well as

safe shelter and formed a new Housing and Physical Planning Ministry. In 2045 BS

under this new ministry DHBUP was reconstituted into two separate entities namely;

Department of Buildings(DOB) and The Department of Housing & Urban

Development(DHUD) at the central level; whereas as the regional and district level,

both the departments have the same offices. The district chiefs of these offices were

deputed as the member secretary of the concerned Town Development Committees.

Again in 2058 the government of Nepal reorganized the two departments into one

single unit under the Ministry of Physical Planning & Works (MPPW) and named the

newly formed entity as Department of Urban Development and Building construction

(DUDBC) to avoid duplications in works carried out by the then two departments.

Recently in 2069 BS this department has been put under the newly formed Ministry of

Urban Development (MoUD).

At present DUDBC have three divisions, twenty-four division offices and one training

center (Appendix 5,Figure 13) The main task of the Department of Urban

Development and Building Construction (DUDBC) lies in the sphere of planning.

Since 2002, the office assisted in the preparation of Periodic Plans following the

6

participatory and consultative process for municipalities. The department was also the

focal point for the Integrated Action Planning exercise which commenced in 1992.

More than 30 municipalities have prepared their own integrated action plan, which

was later replaced by Periodic Plans as provisioned in the Local Self-Governance

Regulations.

There is no history of the department being directly involved in the housing sector.

Yet in recent years the Department of Urban Development and Building Construction,

has been increasingly committed to the urban housing problem and acknowledged the

issue of squatter settlements. The department took exemplary action by signing MOU

with the NGOs to upgrade slums and squatters. The department has set a target to

upgrade 25 slums and squatter communities in their three year interim plan beginning

July 2007. There are several ministries involved in the land tenure issue. Yet in

absence of a clear policy on addressing the urban squatter problem, the fund allocated

for squatter settlement could not be used as intended. Instead the fund was utilized to

buy land for resettlement of squatters.

Besides these the department has been an important partner for disaster risk

management (DRM) initiatives specifically regarding building codes, technical

assistance, orientations, enforcement and trainings. Based on the mandated work, the

DUDBC has provided significant support for the Nepal Risk Reduction Consortium

(NRRC). The following lists the various activities DUDBC has contributed for DRM

in Nepal:

Flagship 1: School and hospital safety

Structural and non-structural aspects of making schools and hospitals

earthquake resilient

Flagship 2: Emergency preparedness and response capacity

Prepare site inventory of major open spaces to enhance preparedness of GoN

& international agencies & reduce adverse consequences that might happen

after disaster. This includes camp management plan, water supply and

sanitations, primary health and school buildings, security posts and

improvement of infrastructure services

7

Municipal Profiles in terms of Earthquake Risk and Vulnerability,

Vulnerability Assessment and Damage Assessment.

Flagship 5: Policy/institutional support for disaster risk management

Preparation of Risk Hazard Map, GIS map of municipalities.

Study of Existing Practices in High Rise Building & Recommendation for

safety.

Support to municipalities on Building code implimentation & Update of Nepal

National Building Code

Seismic Vulnerability Evaluation Guideline for Private and Public Building /

Training Manual / Training on Damage Assessment, Vulnerability

Assessment, Demonstrative Retrofitting works

2.2 VISION

The main vision of the Department is:

Urban Development Sector: Achieve a balanced national urban structure,

Promote safe and economically vibrant urban environment and Promote

effective urban management.

Housing Sector: Promote Planned Development through providing affordable,

adequate and safe shelter to all income group people.

Building: Promote safe, economical and Environment friendly buildings that

can display indigenous architecture

2.3 OBJECTIVES & STRATEGIES

Objectives

Urban Development

To invest in urban infrastructure and other services through inter-agency coordination,

to legally empower and institutionally strengthen local bodies in order to build a

clean, safe and prosperous urban environment, and to progressively guide rural

settlements towards urbanization by expanding rural urban inter-relationship under

the overall notion that urban development promotes rural development.

8

Housing

To provide safe and economical housing facility by developing organized habitats

under the notion of “shelter for all”.

Building

To construct and develop buildings which portray Nepalese architecture to the extent

possible, and are safe, affordable and environmental friendly.

Strategies

• To develop large urban centers in the country as regional economic centers, and to

link them with medium and small centers through roads and other infrastructures,

and thereby strengthen the rural urban inter-relationship.

• To guide urban development by establishing urban infrastructure through physical

development planning with an aim to preserve and conserve the existing cultural,

historical and tourist areas. To develop suburbs at the periphery of the city and to

prepare a base for planned development of urbanizing VDCs.

• To develop local bodies as the major agency to implement urban plans, and also

strengthen institutional capability of concerned central agencies involved in urban

planning and policy formulation, and monitoring.

• To develop urban housing with the participation and involvement of the

government, cooperatives and the private sector.

• To develop market centers in the urbanizing settlements and develop requisite

infrastructure in the scattered settlements in rural areas, while regulating

development in urban and rural settlements to preserve historical and cultural

heritage.

• To update and implement the Building Code and byelaws in the government and

private sectors as well.

• To promote and develop the capability of national consultants and contractors.

• To develop appropriate building construction technology and materials.

9

CHAPTER 3

3. DATA PRESENTATION & ANALYSIS

3.1 EARLY INITIATIVES

The need of "Joint housing" was felt during early 2050BS due to the sudden increase

of population pressure on urban areas and the subsequent increase in the land price.

Nepal enacted the Ownership of Joint Housing Act (OJHA), in 2054 (authentication

and publication date: 2054.9.7). However, the actual apartment building began after

the approval of Ownership of Joint Housing Regulation (OJHR) by the then HMG/N

in 2060/04/12 B.S. Indreni Apartment - 1 (having 32 units), located at Kathmandu

municipality - 4, Bhatbhateni, Kathmandu and owned by Subhakamana Housing

company Pvt. Ltd, was the first to obtain the apartment construction approval from

DUDBC, DOK.

3.2 APPROVED APARTMENTS

In total 64 apartments have obtained apartment construction approval from the

division till paush 2069. Status of these 64 apartments has been summarized in Table

1 below.

Table 1: Status of the 64 Apartments having apartment approval

S.

No

Status No of apartments

1 On operation with completion certificate 13

2 On operation without completion certificate 15

3 On construction phase and others* 28

4 Construction not started 8

Total 64

Source: DUDBC, Division office, Babarmahal, Kathmandu

*On construction phase and others

10

Revised approval (3)

Completion certificate processing (3)

On completion (regular/irregular)

Halt construction

3.3 APARTMENTS LOCATIONS AND UNIT DETAILS

Out of 64 approved apartments 51 are located inside the ring road while the reaming

13 are located in outside areas (Table 2,Figure 1)

Table 2 Number of apartments inside and outside the ring road

Location Nos Apartment Units

Inside Ring road 51 2862

Outside Ring

road

13 3465

Total 64 6327

(Source: DUDBC,DOK)

Figure 1: Location of apartments within the Kathmandu valley

11

Among these 64 apartments 46 are located in Kathmandu district while the remaining

18 are located in Lalitpur district. No apartment is located in Bhaktapur district. The

district wide distribution of approved apartments in Kathmandu valley in given in

Figure 2 below.

Figure 2: District wise distribution of approved apartments

(source DOK)

3.4 APARTMENTS ON APPROVAL PROCESS

Right now, there are 14 apartment proposals in the division at different stages of the

overall approval process. Out of these 14 proposals 6 are in regular follow up. Besides

this, 7 other apartments have taken planning permit but not applied for design

approval yet. The status of apartment on approval process is given in Table 3 below

Table 3: Status of apartment proposals on approval process

S.N status of proposal No of apartment

proposed

1 Apartment proposal with regular follow up 6

2 Apartment proposal without regular follow up 8

3 Apartment proposal yet to apply for design approval 7

Total Proposals 21

Source: DOK

12

3.5 APARTMENT APPROVAL PROCEDURE

The entire apartment approval procedure can be discussed under the following three

stages.

Stage 1: Planning Permit Stage

Developer produce project proposal with design and drawings for planning

permit

Developer applies for planning permit from KVDA

Developer undertakes environmental screening

Stage 2: Apartment Approval Stage

Developer applies for apartment approval from DOK, DUDBC

Developer undertakes EIA/IEE study as required

Developer applies for clearance from civil aviation authority for safe flying

zone

Developer applies for approval from KVWSMB for groundwater use

Stage 3: Local Body Approval Stage

Applies for approval from municipality/VDC concerned

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The overall apartment approval procedure has been summarized in Figure 3 below.

3.5.1 Planning Permit

As mention above, the developer has to apply to Kathmandu Valley Development

Authority (KVDA) with required planning permit design and drawing for planning

permit. KVDA reviews the documents within the broad framework of:

Town Development Act, 2045

Gazette published on BS 2062/11/22 and

Building by-laws 2064

The key elements covered by planning permit include:

Construction area, approach road, Set back, FAR, light plane

Ground coverage, greenery (open surface) and other open spaces

Distance between blocks

Parking facilities

Planning related issues like sewer, electrical systems, GLD lines, HT line,

water supply plan

Figure 3: Apartment Approval Procedure

(Source DOK, modified)

14

Waste water and solid waste management

3.5.2 Environmental Approval

The project developer has to undertake the environmental assessment as per the

guidance of Environment Protection Act, 2053 and Environment Protection

Regulation 2055. The first task to undertake this process is to carry out the

environmental screening so as to determine whether the project requires IEE or EIA,

or it does not require any assessment at all. The screening criteria as mentioned in

EPR, 2055 is shown below in Table 4:

Table 4: Screening Criteria

S N Criteria No EA IEE EIA

1 Build Up Area <5000 sqm 5000-10000 sqm >10000 sqm

2 No of Story <10 10-16 >16

3 Height of the Building <25 m 25-50 m >50 m

4 NO of Inflow and Outflow at a

time

<1000 person 1000-2000

persons

>2000 persons

Source DOK

The developer conducts either IEE or EIA and submits the report to competent

authority MoUD in case of IEE and MoSTE in case of EIA) for approval. The key

aspects/areas covered by IEE/EIA document include:

Project description covering construction planning

Review of relevant policies in relation to the project implementation

Alternative analysis

Major adverse environmental impacts and their mitigation measures

Major beneficial environmental impacts and their enhancement measures

Environmental management plan ( environmental monitoring plan covered)

3.5.3 Apartment Approval

The developer applies to the DUDBC, DOK for design approval and construction and

operation permit with all required documents. The Division office reviews the

15

proposal in line with the broad framework provided by the following policy

instruments.

OJHA 2054 & OJHR 2060

Building act 2055

Nepal National building code 2060

Work procedure 2060

The key elements covered by Apartment Approval are:

Architectural Design

Light and ventilation system

Staircase, exit

Lobby, lift, disable ramp, parapet height

Glazing system

Structural Design

Geo-technical investigation

Structural analysis/model as per NNBC 2060

Structural drawing with respect to output of structural design and ductile

detailing code

Sanitary, water supply and planning system

• Water supply/Treatment Plant/Pumping System

• Toilet Bath fixtures and installation systems.

• Liquid waste and solid waste management system.

• Rain water Harvesting Systems.

Firefighting system

• Fire Detector, Fire extinguisher, Firefighting Hose reels, Hose pipes, Water

tank, Hydrant stations.

• Fire escape staircase, Exit, Lobby, Escape route.

Electrical system and design

• Electrical Points, load calculation, Cable sizes.

• Earthing, Lightning arrestor.

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• Safety against electrical hazards.

• Transformer, Generator and Panel Boards.

Operation and management plan (including safety management plan)

• Electrical, Sanitary services operation and management plan.

• Fire safety management and earthquake safety management plan.

• Evacuation area, Exit, Use of Open Spaces during Disaster

The division office may ask for presentation from designer for complex structures.

There is also the provision for "review" by "expert panel" for such complex

structures. The documents to be submitted to DOK along with the proposal are:

• Application form.

• Provision of details of Services/Facilities.

• Sample of Contract agreement paper. (As per clause 15 of OJHA2054)

• Land and Company related ownership documents.

• Proprietor, Developers Representatives.

• Quality assurance documents and designer’s affidavit papers.

• Project brief reports, design reports and soil test reports.

• Insurance letter.

3.6 MONITORING AND SUPERVISION

Monitoring and supervision from DOK is mainly focused on checking of

reinforcement detailing before/during casting of important structural components e.g.

foundation, column, slab and beam. Monitoring from DOK also involves reviewing of

the periodic progress reports and lab test reports. The main constraint on monitoring

and supervision from the DOK prospective is the lack of adequate resources, mainly

the human resources (Shown in Appendix 5, Figure 15).

The task of conducting environmental monitoring lies within the concerned line

ministry, MoUD in this case. However, no regular and systematic environmental

monitoring has been conducted so far. Monitoring from other agencies like KVDA

and local bodies (Municipality/VDC) have been reported to be weak as well.

Monitoring of the DOK has reported the following diversified observations:

17

Violations of planning permit and building by-laws(Appendix 3, Figure 8)

Change in approved design/drawings. (Appendix 3, Figure 9)

Major construction work without presence of technical team (Project

manager, engineer, architects)

Approved drawing/detailing not available at site.

Project manager/site engineer unknown about approved drawings

Inadequate safety measures (Appendix 3,Figure 10)

Approved design followed strictly and safety tools used properly

Partial dismantling of major structural elements (Appendix 3, Figure 11)

Use change without prior approval (Appendix 3, Figure 12)

3.7 ISSUANCE OF COMPLETION CERTIFICATE

The project developer submits the project completion report (with as built drawings),

quality control reports and environmental compliance report to DOK. The DOK

engineers undertake site visits for final checking including the firefighting system. In

case, where the regular quality test reports were not submitted to the DOK, the third

party consultant is hired for post construction quality test and structural design

verification.

The Division office issues the completion certificates when all the reports and

observations comply with the design requirements.

3.8 APARTMENT LIVING CONDITION

The aim of the study team was to visit at least one apartment in Kathmandu valley to

access the existing situations. The study team decided to visit Kalash Apartment

which is situated at Tahachal, Kathmandu. It is centrally located. It is a multi-story

(nine stories) apartment. It has been functioning since two years. There are altogether

75 units out of which only 50 units are found to be occupied. Developer has already

obtained construction completion certificate from DOK.

A sample questionnaire was prepared which was mostly related with the extent of

satisfactions of the unit owner, major problems faced by unit owners in smooth

operation and their opinion for its improvement. The interaction was two way and

18

conducted in an open environment. They inquired us about existing policies, acts and

regulation. Most of them were not aware with OJHA and OJHR. After interaction the

team walked around and had a look on facilities provided. Apartment has been found

to be furnished with most required facilities like parking space, exits for emergency,

sauna, health club, fire extinguisher etc.

The assessment from the interaction was very much interesting to us. Apartment is

completely dependent on ground water supply for bathing, utensils cleaning, cloth

washing etc. and unit owners uses aqua guards for drinking purpose. It has a generator

for electricity backup during load shedding, but it faces fuel shortage and improper

management. The unit owners have themselves arranged security personnel and they

are quite satisfied with securities arrangements made by them. There were several

issues opined from most of them. Unit owners are still without ownership certificate

(LALPURJA) of their units. Ownership transfer must have completed by December,

2011 but still they are in hands of developer. Most of the unit owners are

businessman. They need PAN numbers urgently but in absence of ownership

document they are unable to get it. Developers still have not yet transferred

apartments operation and management to existing society. The open space for

children is not available. There is a temporary arrangement for garbage disposal

which is altogether managed by dwellers themselves. There is not sufficient space

available after exit which is must in the case of emergency.

3.8 KEY ISSUES

3.8.1 Time Taken for Approval Process

Organization structure of the Kathmandu Division (Appendix5, Figure 15) depicts

inadequacy of technical manpower for the evaluation of structural and non-structural

designs along with monitoring of mushrooming apartments of Kathmandu valley.

Developer’s unwillingness to obtain design approval due to uncertainty in the market

behavior either from government’s inconsistent decisions or from economic recession

also becomes the cause of some delay in approval process. IEE/EIA processes

(though necessary and mandatory) were identified as being cumbersome and time

consuming due to its unclear (non-standardized) processes and guidelines. Apartment

19

construction approval process seeks approval from as many as nine (6) agencies. All

those agencies have their own working norms. It is natural that delay occurs due to

several agency involvements.

3.8.2 Project Management Issues

There are some smaller but significant issues relating to project management. Some of

important issues that have emerged during the past years of apartment housing in

Nepal are:

1. Frequent change of technical personnel leading to a gap between old and new

and between the business and the regulating authority.

2. Weaker coordination between developer, consultant and the contractor's

technical personnel hindering the smooth, timely and orderly implementation

of the activities.

3. Improper and inadequate safety consideration during construction.

4. Weak progress reporting.

5. Construction without prior checking by DOK.

6. Use change without prior approval.

3.8.3 Insufficient Resources

In Kathmandu valley, urbanization is in rapid expansion and a large number of

apartments are under construction. Giving permission of building construction,

supervision and monitoring during construction and issuing completion certificate to

the developer are the major responsibilities of the DOK in the apartment sector.

Within the division, having no separate section for apartment, the available human

resources (technical as well as administrative) are insufficient in relation to its work-

load. Still the division is working under the old organogram. It is realized that due to

insufficient human resource, division has felt difficulty in delivering its services

smoothly. The issue is not related to human resource only, other resources like budget

and vehicles for supervision and monitoring are also felt inadequate. On the other

hand, the office management/operational cost are same as in the past despite increased

20

work load. In totality all the factors discussed above are hindering the apartment

construction business as a whole.

3.8.4 `Unethical Practices

It has been reported that designer change (one person designs and the other signs the

drawings and affidavit) is prevailing in practice. Such unethical practices are indeed

one of the serious concerns for the DOK and are yet to be checked.

21

CHAPTER 4

4. MAJOR FINDINGS, CONCLUSION & RECOMMENDATIONS

4.1 MAJOR FINDINGS

1. There are at least 6 agencies directly involved in the apartment approval

process. In this sense it can be regarded as a multi stakeholder task. The DOK,

has a key role and is focused mainly on safety criteria by ensuring adoption of

National Building Code.

2. It has been noticed that the time taken for the apartment approval process

(from planning permit to approval from local body) was found to be varying

widely (6 months to 3 years). It is not only the regulatory body's role which is

responsible for such wide variation; equally important factors are the market

condition and the promoter's management skill.

3. The Kathmandu Division Office is handling the entire task of apartment

approval, monitoring and supervision on top of its regular job. The

organization structure of the division has remained the same since 2058 B.S.

No arrangements have been made to accomplish the additional task on

"apartment" which was assigned to the division by the gazette dated

2060/01/02 B.S. In addition to this, the division office is also facing serious

resource constraints.

4. Some apartments have been reported to be operating without completion

certificate from DOK. Furthermore few cases of even ownership transfer

(without completion certificate from DOK) have also been reported.

5. During the period of last 8/9 years some issues has been emerged as pertinent

and challenging. Some are ethical (designer change) while other are related to

project management (weak progress reporting, safety during construction,

construction without prior checking by DOK etc.) . Use change has emerged

as another major issue.

6. The residents (apartment owner) of the surveyed apartment are found to be

unaware of the concerning laws and regulations. They doubt whether the

22

firefighting system works properly. The developer has not provided the

"ownership certificate" (LALPURJA) yet.

4.2 CONCLUSION

In general, apartment approval and construction has been found to be streamlined in

the right direction. However the pertinent issues emerged so far have to be

systematically and promptly addressed by the concerned authority(ies). DOK has to

be strengthened. Safety considerations have to be given the first priority by all

stakeholders concerned.

4.3 RECOMMENDATION

1. DOK should be strengthened by allocating adequate resources and providing

additional responsibilities and authorities so that it can function as a strong

and competent "one door" of the government in apartment housing sector.

2. DOK and the concerning local authority (municipality/VDC) should organize

regular safety awareness campaign (including drilling) in the occupied

apartments. Safety related systems/equipment should be checked on a regular

basis.

3. Third party monitoring can be introduced after required preparations. This

will help in ensuring better adoption of safety requirements while keeping the

DOK size appropriately slim.

23

24

BIBLIOGRAPHY

Government of Nepal Building Bye Law. - 2064.

Government of Nepal Environment Protection Act. - 2053.

Government of Nepal Environment Protection Regulations. - 2055.

Government of Nepal Ownership of Joint Housing Act, 2054. - 1997.

Government of Nepal Ownership of Joint Housing Regulations. - 2060.

http:\\www.dudbc.gov.np [Online]. - Department of Urban Development & Building

Construction.

National Census: A Brief Report [Report]. - [s.l.] : Bureau of Statistic,Government of

Nepal, 2012.

National Shelter Police [Report]. - [s.l.] : Ministry of Urban Development,

Government of Nepal, 2012.

Nepal Urban Housing sector Profile [Report]. - [s.l.] : UN-HABITAT, 2010.

25

APPENDICES

26

APPENDIX 1

Detail of Approval of Apartments

27

28

29

30

31

APPENDIX 2

Apartments under Approval Procedure

32

33

34

APPENDIX 3

Photographs

35

Figure 4: Kalash Apartment

Figure 5: Fire Escape in Kalash

Figure 6: Fire Hose in Kalash

Figure 7: Questionnaire survey

36

Figure 8:Violation of Planning Permit

Photo Courtesy: DOK

37

Figure 9: Change in Approved Design

Photo Courtesy: DOK

38

Figure 10: Inadequate Safety Measure

Source DOK

39

Figure 11: Partial Dismantling of Major Structural Member

Source DOK

40

Figure 12: Use Change Without Prior Approval

Source DOK

41

APPENDIX 4

Sample Questionnaire

42

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ckf6{d]G6sf] gfd M :yfg M

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cjwL M jif{

!_ vfg]kfgL, lah'nL tyf ;'/Iff cj:yf s:tf] 5 <

s_ vfg]kfgL M

v_ lah'nL M

u_ ;'/Iff M

@_cfunfuL, e'sDk cflbsf] j]nfdf s;/L ;'/IfLt x'g] jf/]df pknAw ;'/Iff

lalwx? jf/]df oxf+ egfO{ s] 5 <

$_ ckf6{d]G6sf] a;fO{ b]lv ;Gt'i6 x'g' x'G5 t<

#_ ckf6{d]G6 a;fO{sf] d'Vo –d'Vo ;d:ofx? s] s] 5g <

%_ ckf6{d]G6sf] a;fO{ k|efjsf/L agfpg s] s] ug{' knf{ <

43

snz Pkf6{d]G6, tfxfrn, sf7df08f}df ePsf] k|zgf]Q/sf] ;f/f+z

OsfO{ wgLsf] gfd,

o'lg6 g+=, Joj;fo

tyf ckf6{d]G6df

a;]sf] cjlw

vfg]kfgLsf]

cj:yf jf/]

ljh'nLsf]

cj:yf jf/]

;'/Iffsf]

cj:yf jf/]

cfunfuL, e'sDksf] ;dodf

;'/lIft x'g] pknAw k|jGwx?

ckf6{d]G6 a;fO{sf] d'Vo d'Vo ;:ofx? ckf6{d]G6sf] a;fO{ b]lv slt

;Gt'i6 x'g' x'G5

ckf6{d]G6sf] a;fO{ k|efsf/L jgfpg s] ug{

knf{

dx]z cu|jfn, O2,

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vfg

sf]

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uard

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Joj:

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P klg, D

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f] j]n

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sf]

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ff x'G5 .

Soc

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sf] nflu

cfkmg

} sec

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tea

m a

gfPs

f] n] ;

'/Iff

Joj:

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.

;'/lIft :yfg 5}g . k|ofKt :yfg

5}g .

kmf]x/ kmfNg] k|jGw /fd|f] 5}g . Parking sf]

;d:of 5 . Unit handover gubf{

;femf ;d:of 5 . Generator /fVg]

proper :yfg 5}g .

@)!! l8;]Dj/ ;Dd

ownership x:tfGt/0f

x'g'kg]{ t/ ePsf] 5}g . l7s} 5 .

aRrfxx?sf] nflu Play ground sf]

Joj:yf x'g' kg]{ . kmf]x/d}nf Joj:yfkg x'g' kg]{

. hUufsf] dfkb08 cg';f/ Building

construction sf] :jLs[tL lbg' kg]{ .

/fhg ltldN;]gf,

D9, Jofkf/,!=% jif{

@ j6f Fire Exit 5g . GF

df fire extingusher sf]

Joj:yf 5 .

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kfPsf] 5}g h;n] ubf{ PAN g+= lng

;lsPsf] 5}g .

;Gt'i6g} 5' . Society bQf{ ;DjGwL tyf handover

ug]{ ;DjGwL sfg'gdf ;'wf/ x'g' kg]{ . t'?Gt

nfnk'hf{ kfpg' kg]{ .

ls/0f cu|jfn, E7,

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.Pkf6{d]G6 cuf8Lsf] ;8sdf ;'wf/ x'g' kg]{ .

k|eft s'df/ ;/f{km,

F7, Jofkf/, ! jif{

Emergency sIf k|To]s

tNnfdf 5 .

;j} l7s 5 . ;Gt'i6g} 5' . ;j} /fd|} 5 s]xL ug{ kb}{g .

;lGhj zfSo, D6,

Jofkf/,!=% jif{

Emergency sIf tyf

k|To]s tNnfdf Fire

exetinguisher sf] Joj:yf

5 .

;d:of vf;} s]xL 5}g . ;Gt'i6 5' . Society bQf{ ;DjGwL tyf handover

ug]{ ;DjGwL sfg'gdf ;'wf/ x'g' kg]{ .

44

OsfO{ wgLsf] gfd,

o'lg6 g+=, Joj;fo

tyf ckf6{d]G6df

a;]sf] cjlw

vfg]kfgLsf]

cj:yf jf/]

ljh'nLsf]

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;'/lIft x'g] pknAw k|jGwx?

ckf6{d]G6 a;fO{sf] d'Vo d'Vo ;:ofx? ckf6{d]G6sf] a;fO{ b]lv slt

;Gt'i6 x'g' x'G5

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knf{

cdg s'df/ cu|jfn,

G7, Jofkf/, @ jif{

vfg

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5 .

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sf] nflu

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tea

m a

gfPs

f] n] ;

'/Iff

Joj:

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.

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tNnfdf Fire exetinguisher

sf] Joj:yf 5 .

;j}nfO{ ldnfP/ lx8g ufx««f] 5 . cGo ;j}

/fd|f] . ;d:of sd kmfobf a9L 5 .

;Gt'i6 5' . ;'ljwf Joj:yfkgdf ;j}sf] cfly{s ;xof]u

cfjZos 5 .

;'lw/ s'df/ cu|jfn,

H5, Jofkf/, @ jif{

Emergency sIf tyf k|To]s

tNnfdf Fire exetinguisher

sf] Joj:yf 5 .

Vff;} ;d:of 5}g . ;Gt'i6 5' . Society btf{df PAN g+= lbg grfx]sf] .

t'?Gt nfnk'hf{ kfpg' kg]{ .

;~ho cu|jfn, C7,

Jofkf/, !=% jif{

Emergency sIf tyf k|To]s

tNnfdf Fire exetinguisher

sf] Joj:yf 5 .

Vff;} ;d:of 5}g . ;Gt'i6 5' . Society btf{df PAN g+= lbg grfx]sf] .

t'?Gt nfnk'hf{ kfpg' kg]{ .

;~ho cu|jfn, C3,

Jofkf/, !=% jif{

a}sNkLs jf6f] 5, Fire

exetinguisher sf] Joj:yf 5

.

Socity btf{ eP klg unit sf] nfnk'hf{

kfPsf] 5}g h;n] ubf{ PAN g+= lng

;lsPsf] 5}g .

l7s} 5 . Apartment maintenance sf] lhDdf

society nfO{ lbg' kb{5 . t'?Gt nfnk'hf{

kfpg' kg]{ .

of]u]z uf]on, Jofkf/ a}sNkLs jf6f] 5, Fire

exetinguisher sf] Joj:yf 5

.

laN8/n] tf]s]sf] ;do leq lgdf{0f gug]{,

jfrf u/]sf] ;'ljwfx? Glbg] / d'Vodf

kfls{Ë, ;'/Iff, v]ns'bsf] ;'ljwf / cGodf

maintenance society nfO{ lhDdf

nufO{ lbg' kb{5 .

;Gt'i6 5' . Apartment maintenance sf] lhDdf

society nfO{ lbg' kb{5 .

45

APPENDIX 5

Organization Charts

46

Building construction & maintenance

Divison

Director General

Physical Planning & Urban Dev

Urban Environment

Small Town

Municipality

Stastical & GIS

DDG Urban Dev

Divison

Building Construction

Building Code

Maintenance & Evaluation

Building

Standardization

Housing

Monitoring

Planning

Foreign Aid Coordination

Class I Division Chief

Class II Division Chief

Building Technology Research & Training Center

General Administration

& HR

Fiscal Administration

Procurement Unit

Legal

Division Office (24 Nos.)

DDG Building Divison

DDG Housing Divison

47

Figure 14: Jurisdiction of DUDBC division office (source DUDBC)

48

Figure 15: Organization Chart of DOK

(source DOK)

49