AAR 2200 Architectural Design 2, Sem 2, 03/04

Legislation & Building Regulations in designing a facility (Building)

With Special Emphasis on Uniform Building By-Law (UBBL) & Islamic Principles

Presented by: Ar.Assoc.Prof.Norwina Mohd.Nawawi Dept. of Architecture, KAED,IIUM

AAR 2200 Lecture Input on Building Regulations sem2,0304

UIA/UNESCO Charter for Architectural Education: II Education & objectives

Architectural students should be made aware of the political and financial motivations behind clients briefs and building regulations in order to foster ethical framework for decision making within the built environment. Young architects are encouraged to assume responsibilities as professionals within society.

http://www.uia-architectes.org/texte/england/Education/2Charte.htm
AAR 2200 Lecture Input on Building Regulations sem2,0304

Introduction What are Legislations & Building Regulations? Which agencies are responsible for issuing these regulations? Why do you need to adhere to these rules? How and when do you refer to them while you are designing? What would be the implication if these rules are not adhered to? Will the rules curb innovation and creativity? Summary References
AAR 2200 Lecture Input on Building Regulations sem2,0304

Story Line

Introduction

This input lecture is intended to introduce students of architecture to gradually concede their design to the requirements laid by established regulations of the locality without hindering the creativity and innovativeness in producing works of architecture. 4

AAR 2200 Lecture Input on Building Regulations sem2,0304

Introduction

It is aimed to provide awareness to students of architecture on the existence of rules and regulations in all stages of design from which students are expected to adhere to the principles of its provision. It is to be reminded that rules are basically provided within range of minimum standards bounded in legal documents for reference. These rules co refer to other building codes , standards and guidelines relevant to the subject implied.

AAR 2200 Lecture Input on Building Regulations sem2,0304

Introduction

For the purpose of this lecture, only Malaysian regulations are referred. Students may refer to other countrys rules and regulations where relevant such as code of practice. It is important to note that other than building laws, there are unwritten cultural and religious laws to designing buildings such as the Feng Shui and Vastu laws, besides the Islamic principles in accordance with the Shariah The lecture serves as a guide and students are expected to do own research on the respective rules and regulations relevant to their projects.

AAR 2200 Lecture Input on Building Regulations sem2,0304

What are Building Regulations?

Building regulations are basically rules,laws, ordinance, statutes, regulations, or codes passed by the highest law making body of the country or parliament pertaining to building development. These rules or regulations are carefully compiled and tailored in written documents and editorially structured for easy reference for those involved in the building industry and mandatory to be applied. These laws are standardised and rationalised as the minimum standard for health and safety particularly in regulating issues related to fire, structural ability, health, security, and energy conservation.
AAR 2200 Lecture Input on Building Regulations sem2,0304

Why do you need to adhere to these rules?

Building codes or regulations are intended to protect the public by establishing minimum standards of safety i.e. by providing minimum guideline for construction and inspection of a structure to prevent fire, structural collapse, electrical wiring, heating equipment, ventilation, day-lighting, sanitary facilities, care for the disable and general deterioration. Building regulations are intended to protect others or consumers from short sighted individuals whom as clients, they often assume they can build whatever they wish on their property.
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Which agencies are responsible for issuing these regulations?

In Malaysia, these agencies are as follows:

Local Authority ( e.g.City Hall, Town Council), Fire Department Public Works Department Department of Town & Country Planning Ministry of Science, Technology and Environment Ministry of Housing and Local Government Others Under respective acts and by-laws e.g. National Land Code, Strata Title Act, Local Government Act, Town and Country Act, Streets and Drainage Act, Uniform Building By Laws, Fire Services Act, Housing and Development Act, other

AAR 2200 Lecture Input on Building Regulations sem2,0304

How and when do you refer to them while you are designing?

Site Analysis and Site Planning stage by getting planning requirements from the local authority with regards to

Land use Setback Plot ratio Distance from one road junction to another Parking spaces Tree preservation etc

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Site Planning Stage

Surveyed Benchmarks

Min 6m setback for boundaries at road front

Min setback 3m from fence of building another lot

Build-able Area

100 m from junction

Proposed Access

Roadway

(need to find out whether this road are proposed to be the future highway or elevated highway,etc)
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Notes: Check benchmarks Identify trees Identify services

Site Planning Stage

Sub Station

Provision of adequate parking spaces

Allow for min 4.5 min height for Fire Engine to move under the building

Ventilation & daylight requirements

Allow for Fire Engine Route

Fire Hydrant location

Parking spaces for the disable

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Provision for Bus Stops

How and when do you refer to them while you are designing?

During Designing the Building Stage (refer UBBL Part II, III, V, VI, VII, VIII, IX)

Submission of Plans for Approval Space, Light and Ventilation Structural Requirements Constructional Requirements Fire Requirements Miscellaneous

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Submission of Plans for Approval

Clause 9. All plans to be drawn to the following scales:

Siteplans ..not less than 1: 1000 Key plans or location plan ..any convenient scale All other general building plans

Not less than 1=100 except in special cases where the size renders drawings to this scale to be impracticable to accommodate within the limitations of paper sizes or when drawings are of unwieldly dimensions, the local authority may use its discretion to permit plans to be submitted to a smaller scale but in no case shall be less than 1=200.

Sketch plans approval in principle for not less than 1=200 All plans may be drawn in International systems of Units.

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Submission of Plans for Approval

Clause 10. (1) All plans in respect of any building shall, unless inapplicable, contain the following: (a) A site plan showing

The site of the proposed building lot together with the number of the lot and the section number; The means of access to the site from the street and the name of the street; The distance from the centre and side of the roadway distinctly figured on one of such plans; And so on

(b) A floor plan ( c ) Cross, longitudinal Clause 12, 14, 15,16,18

Ref: UBBL(1984)

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Space, Light & Ventilation

Clause 32(1) the open space for buildings abutting a street and backlane shall be

(a) in respect of residential buildings, not less than one third of the built area of the building lot; and (b) in respect of other buildings used for nonresidential purposes, not less than one tenth of the built area of the building lot

Clause 32(2) For the purpose of calculating the open space required Clause 32 (3), Clause 33, 34, 35, 36, 37,38,39,40,41,42,43,44,45,46,47 Ref: UBBL(1984)

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Constructional Requirements

Clause 81, 82, 83,84,85, 86,87,88, 89,91, 92,93,94,95,96,97,98,99,100,103,104, 105, 106,107,108,109, 110,111, 112,113,114, 115,116 Stairs, use of timber, party wall, drainage etc
Ref: UBBL(1984)

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Fire Requirements

Clause 133-135: Interpretation Clause 136: compartment wall Clause 137: Building height exceeding 30m? other (refer handout)
Ref: UBBL(1984)

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Miscellaneous

Third Schedule (by law 41) on M&E Fourth Schedule (by-law 56, 59) on structural requirements Fifth Schedule ( by law 134, 138) on purpose group of bldg for compartmentalisation other

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Islamic Perspective to Building Regulations

Those who listen to the word,and follow the best (meaning) in it: those are the ones, whom Allah has guided,and those are the ones endued with understanding
Quran 39:18
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The tradition of Islam embodies many principles of social organisation and behaviour. These principles have been established by this tradition to make the life of believers correspond to its objectives and message. Following these principles, as early Muslims did, creates harmonious social and physical environments, but to ignore them would violate the tradition itself and adversely effect the social and physical conditions of Muslim life ..the essential principles ..for Muslim society and its living environment .towards understanding Islam as a tradition of values and not one of rules
Ref:

Hisham Mortada,2003, Traditional Islamic Principles of Built Environment,Routledge Curzon.

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Islam is a way of life with social idealsand if there are ordinances, they are established only to support these idealstherefore, goes beyond rules that Islam has set up by exploring and explaining the reasons behind them.
Ref:

Hisham Mortada,2003, Traditional Islamic Principles of Built Environment,Routledge Curzon.

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Focus of Islamic Law-the Shariah

The social principles : Social scale

Society, Neighbourhood Family Individual

Traditional Islamic principles concerning the physical environment of Muslims: socia-spatial hierarchy

Ref:

Natural environment Urban environment or city Neighbourhood house

Hisham Mortada,2003, Traditional Islamic Principles of Built Environment,Routledge Curzon.

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Ref: Hisham Mortada,2003, Traditional Islamic Principles of Built Environment,Routledge Curzon.

Shariah as defined

..much more than an ordinary legal system, or merely religious doctrine of law ..simultaneously religious law, natural and positive law. It relates Man to God. Its origin is divine, its objective is human. It deals with the present and the hereafter, encompassing all aspects of human action, whether latent or manifest, open or hidden. It is at once universal and particular, absolute and relative, general and specific, strict and flexible. It tempers formal justice with equity, guarantees liberty, encourages excellence and fights abuse
Hammdah Abd Al Ati-Muslim Scholar
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Shariah prescribes directives for the regulation of the Muslim individual as well as society. These directives inspire various human activities including judicial system, and the laws Its directives tell what is good and bad, what is beneficial and useful and what is injurious and harmful and what are virtues which Muslims have to cultivate and encourage and what are the evils which Muslims have to suppress and guard against. Shariah is the embodiment of the concept of tawhid and its every detail springs from it, its structure rests on the concept of sovereignty and compliance with Gods will
Ref:

Hisham Mortada,2003, Traditional Islamic Principles of Built Environment,Routledge Curzon.

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Shariah-define the objectives as

the promotion of welfare of people which lies in safe guarding their faith, their life, their intellect, their posterity, their property and concludes that whatever ensures the safeguard of these five serves public interest and is desirable Imam AlGhazali
Ref:

Hisham Mortada,2003, Traditional Islamic Principles of Built Environment,Routledge Curzon.

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Shariahs perspective to Customs and Traditions of the locality

The implementation of urf or customary tradition as circumscribed by the rule that as long as the urf does not contradict Islamic principles, it is acceptable.

Ref:

Hisham Mortada,2003, Traditional Islamic Principles of Built Environment,Routledge Curzon.

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Directions of Shariah Ordinances

Ordinances or principles come in 2 forms

Concerned with the general ordinances which are fixed or constant and cannot be changed whether in aim or in implementation such as those mentioned in the Quran or Sunnah I.e. haram or halal; Concerns those that provide detailed legislation on matters rooted in the basic elements of human nature or human understanding of the Shariah. The aim is fixed but its implementation is flexible..
Hisham Mortada,2003, Traditional Islamic Principles of Built Environment,Routledge Curzon.

Ref:

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Examples of Islamic Perspective to Building Regulations

Neighbourhood

Strong Neighbourly relationships Preservation of neighbours rights. Neighbour who is a relation Neighbour who is a stranger Temporary Neighbour

Strong Neighbourly relationships

Ref:

Hisham Mortada,2003, Traditional Islamic Principles of Built Environment,Routledge Curzon.

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Preservation of neighbours rights.

Do not block his (neighbours) air by raising your building higher without permission.Harass him not. Give him a share when you buy fruit or at least do not throw the peelings outside the door so offending your neighbour
Rasullah S.A.W

Ref:

Hisham Mortada,2003, Traditional Islamic Principles of Built Environment,Routledge Curzon.

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Other Islamic Principles

Height of buildings Projections (e.g windows should be 2.5m above ground) Rights to daylight and ventilations Privacy Rights of neighbour Rights to water source Avoidance of harming the public and society Ease of ibadah/ performing religious obligations Principle of Humility Generosity without extravagance other ( Refer the Book.. Hisham Mortada,2003, Traditional Islamic Principles of Built Environment, Routledge Curzon.

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Other (unwritten) rules

Feng Shui (refer handout) Vastu Shastra (refer handout)

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What would be the implication if these rules are not adhered to?

Although it is often noted that rules are made to be broken..it is wise to note why it was there in the first place. Logically, you will not be granted approval in your submission. You may even be fined if after you have submitted in accordance with the law, you choose to disobey the law in your implementation. Ignorance of the law is not an excuse! Basically the regulations, just like the 4 Mazhabs, are for the mass who needs some form of regulations as they have no idea or expertise or capacity to decide for themselves, to follow. As most of these rules are created on positive spirit for a certain objectives, there are instances exceptions to these rules. As Muslims, if the rules are in congruent to the teachings of Islam and you have failed to follow.. Indirectly you may not have performed your amanah as vicegerent to Allah, wallahualam!
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Will these rules curb innovation and creativity?

Architects are creative and innovative personalities and thus should be able to accommodate, integrate and even improvise his/her creations to meet these rules not only in effectively way but meeting the aesthetic aspiration without compromising safety and comfort to the users. Rules are man made and provisions are of minimum standard,..thus architects are to provide not the minimum but effective and reasonable standards in his/her deliverance.

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Will these rules curb innovation and creativity?

..far from being a hindrance, regulation strengthened design when understood and used properly.It shows lessons learned through centuries of skilled craftsmanship and tragic building failures , lessons far too valuable to be ignored or marginalised. ..Codes are to be accessible in concurrence to the project planning processthrough project development, design and construction..reflecting the thinking of owners, builders and designers...
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Ref: Barry D.Yatt.1998.Cracking the Codes-An Architects Guide to Building Regulations. USA. John Wiley & Sons, Inc.

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Summary

Building regulations are safeguard and reminder guidelines in the design development process. It should not be looked upon as a hindrance but rather a challenge for further improvised. It is hope that students will take the initiative to pursue relentlessly the required rules and regulations in designing their facility with an open and critical mind. Remember as Architects, the liability of a wrong decision is yours. Life may be loss , health & safety may be compromised for something worthless in the name of design! Wallahualam!

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Be innovative in implementing these regulations and thank you for your attention!
Wassalam
Ar.Assoc.Prof.Norwina Mohd Nawawi Dept of Architecture, KAED, IIUM
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Hisham Mortada,2003, Traditional Islamic Principles of Built Environment,Routledge Curzon. Department of Town and Country Planning. 2002. Brief Notes: Guideline and Planning Standards. Series-001-027. Laws of Malaysia.1996.Uniform Building By Laws.Kuala Lumpur.MDC publishers Printers Sdn. Bhd. PAM. 1987. LAM-PAM Annual Discourse: On Professional Practice. (unpublished) Alan Jefferis et al.4th Edi. 2001. Architectural Drafting & Design.USA.Delmar Thomson Learning Charlotte Baden-Powell.1997.Architects Pocket Book. Great Britain.Architectural Press. Barry D.Yatt.1998.Cracking the Codes-An Architects Guide to Building Regulations. USA. John Wiley & Sons, Inc. Soh Chai Hock.2000.Guide to Fire Protection in Malaysia.PAM, ACEM, IFE, MFPA, FRDM, IEM.
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References

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