Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 745 Sun. July 02, 2006  
   
Star City


Dhaka City Building Construction Rules
Some trying to make rules ineffective


The much-awaited Dhaka City Building Construction Rules gazetted on April 16, will remain useless for an uncertain period, as the government has further extended effectiveness of the 1996 rules.

Twenty days after the gazette notification, the government in an order dated June 4 said that the construction plans submitted by June 30 would be considered under the 1996 rules, creating chaos in the disposal of plans.

Sections of commercial and private builders have exploited the opportunity and indulged in a rat race of 'plan-pass'.

The new rules aim at checking the raging irregularities in both private and commercial buildings in the city.

It is also meant to address the loopholes and inadequacy of the existing construction rules of 1996.

The Public Works (PW) Ministry in its order (rule no-76) states that despite the new rules in effect, any plans under consideration and accepted by end June, shall be disposed within that time limit according to Building Construction Rules of 1996, as the new rules had not come into effect.

As to when the new rules would come into effect, Public Works secretary Iqbal Uddin Chowdhury said that he could not say anything just now.

When asked for how long the effectiveness of old rules would be extended, he said: "Probably for over a month."

The decision of extending the effectiveness of the existing rules came from pressure of sections of commercial builders who may lose the opportunity to exploit loopholes in the existing rules and indulge in malpractice in construction, sources said.

Certain officials of Rajdhani Unnyan Kartripakkhya (Rajuk) and of the 17 agencies concerned are against the new rules, which will put an end to their underhand earnings in the process of approving building plans, sources further said.

"The decision is just a transitional arrangement and not to serve anybody's interest," said Chowdhury.

A highly placed source at Rajuk said that thousands of plans have meanwhile been passed during this short span of June 4 to 30 to avoid strict guidelines of the new rules while many more are in the pipeline.

"The rush cannot be avoided as it is bound to happen during transition," said the PW secretary. "Many building plans have already been prepared and submitted as per prevailing rules, and we have to take care of the interests of stakeholders involved with framing rules," he added.

Lower level Rajuk and bank employees are making a quick buck by selling the Tk 200 worth construction plan approval forms at Tk 1,000 as demand for forms has been phenomenal.

Rajuk office is in a frenzy where everyone is busy passing plans and accepting a large amount in bribes, said an official.

Abdul Awal, president of Real Estate and Housing Association of Bangladesh (Rehab) denied the allegation that some of members of the association exerted pressure on the government to hold back effectiveness of the new rules.

"Rehab is in favour of the new rules and it is an excellent work to meet the demand of time and envisages city development upholding welfare of the society," he said.

The purpose of special arrangement under the rules of 1996 was to clear backlog of the present building plans, Awal said. "But the opportunity is being abused," he added.

The manner in which the effectiveness of the old rules was brought back 20 days after the new ones were gazetted was unsystematic, Awal said. The new rules have an in-built mechanism to make it effective and provide rigorous punishment against one who flouts them.

A total of 17 agencies under One Window Service Cell will approve development plans and construction designs within 45 days.

Aggrieved builders will have an option of appealing to the Urban Development Committee (UDC) if the Building Approval Committee (BAC) resort to any malpractice and fails to approve the design within time limit.

The UDC will have authority to hold public hearing on complaints received regarding irregularity in building work.

A builder has to seek plan approval in phases; first for foundation development and then for structural construction.

Once the groundwork is completed up to plinth level, builder has to inform the Rajuk to obtain approval for construction.

In case the authorities fail to grant permission within seven days, the builder will automatically be authorised to start construction.

Engineers involved in constructions will issue completion certificate endorsing that building has been put up according to plans approved.

The builder then has to obtain an occupancy certificate to use the building and has to renew the certificate every five years to ensure that a building is used for the authorised purpose.

New rules require the owner of a building to keep provisions for ram and special toilet for the disabled. It also requires builders to present detailed architectural and constructional designs of a building to obtain approval.

It contains preventive measures against constructions that may harm architectural heritage.

It clearly specifies land use ratio, detailed structural plan, open space, nature of occupancy, and width of adjoining roads for a building construction. It defines car parking provisions as per the Floor Area Ratio (FAR) and describes the manner of land use planning with guidelines for residential, commercial, educational, health service and industrial uses.

It also requires coordination of geo-technical engineering (soil test), architectural plan and structural design for construction.

Architect Iqbal Habib, executive Member of Bangladesh Paribesh Andolon (Bapa), said that the rules should come into effect immediately suggesting that already completed buildings should be made obliged to obtain completion and occupancy certificates under the rules.

Terming the rules as a multi-disciplinary product, Rajuk's chief engineer Emdadul Islam said: "The sooner it come into effect, the happier I will be."