Professional Documents
Culture Documents
Department of Architecture
Pulchowk Campus, Institute of Enginering
Tribhuwan University
Kathmandu, Nepal
Topic:
Assessment on Implementation of Building Byelaws
“A Case of Lokanthali corridor"
Submitted To:
Prof. Dr. Ashim Bajracharya
Department of Architecture,IOE
Submitted By:
Tulsi Kumar Kaway (076MArch020)
Acknowledgement
I would like to express my sincere gratitude to all who have offered their help in accomplishing this
report. I would like to thank my Supervisor Assoc. Prof. Dr. Ashim Bajracharya for his valuable
time and ideas that have been very helpful to shape this research. My sincere gratefulness to the
teachers of the department for their kind support, assistance, and advice whenever needed. I would
like to thank all our friends and relatives for the spirit and commitment with which they helped in
this research.
2
Project Overview
• Background • Conclusion
• Introduction • Recommendation
• Objectives • References
• Validity of research
• Research paradigm
• Methodology
• Conceptual Framework
• Data collection
• Literature review
3
Background
• Nepal is one of the fast urbanizing and least urbanized country in South Asia
• According to mathema (1999), the trend of urbanization in Nepal began in 1950s.
• Urbanization – free market economy- Promote economy << collision of socio cultural
values and newfound economic opportunities
• Most of the development is concentrated in large and medium cities i.e. Metropolitan,
sub-metropolitan and municipalities (Twayanaetal.,2021)
• Experiencing rapid economic growth and urbanization< Shifting of function of building
and pattern of urban space use
• Changes in the function of the buildings will be followed by the changes in forms,
expressions, and amount of space, building heights, and the space usage patterns.
(Pradhananga, 2013)
• According to Pradhan during Malla period The ratio of height to the breadth of an
average house was less than or equal to two. There was a height restriction which
stated that buildings should have a lower height than that of the temple of Taleju.
4
Introduction
• Kathmandu valley adopted its first building and construction regulations in 1976
• Practical developing, improving, approving and enforcing building code varies from country to
country and state to state.
• Building bylaws set standard for land use, FAR, Height, set back, open space, parking standard,
building approval etc. generally refers to the planning development
• Building regulations and bylaws provide the obligatory framework for regulating building
activities from planning and designing to completion of any construction project. (Mishra, 2019)
• According to the building bylaws, maximum height of the building is governed by two factors
namely Floor area ratio (FAR) and Light plane
• Floor area ratio is a percentage of total building covered area related to the size of plot on which
it is built.
• FAR is most popular way of regulating city density
• Light Plane is means of height control even though FAR allowed
5
Statement of Problem
Madhyapur thimi City is growing rapidly as per census of 2001 growth rate 4.01 <<<
unprecedented increase to 5.8, population density is 7200 per square kilometer (SHRESTHA,
2007).
The building demand have increased significantly across all urban area likewise haphazard new
construction and violation of regulation related to building height and building bylaws are out of
control.
Effective development control rules is imperative to tackle the important issues such as
overcrowding, narrow streets having no further scope for widening, buildings devoid of proper
lighting and ventilation due to violation of setback rules, exceeding building height limit and
tendency to utilize FAR fully by covering the entire plot area. (Mishra, 2019)
The implementation of building bylaws are not satisfactory due to which haphazard
development is in advancement.
6
Need and Importance of Research
• In Nepal there are few study found in compliance to building bylaws. (Bhattarai & Mishra, 2017)
• The rise of contemporary building style has caused the residential building designs to become more
complicated and unsafe than ever
• The violation of laws that is creating physical, social, and environmental problems in the city but it
seems that the contents of bylaws are either not sufficient or not updated, thus resulting in
haphazard developments. (Dahal & Shrestha)
• The compliance status should be studied in different other municipalities which suggest that, study of
compliance through different parameter will help improve in building bylaws and make it
functional. (Kumar Mishra, Karmacharya, & Aithal, 2021)
• The study on building byelaws will help on planned growth, balanced and sustained of city.
7
OBJECTIVE
• To identify the actual need and determine the problem related to building byelaws
8
Validity of Research
• Worldwide most of the studies done on building byelaws were focused on building
height restriction, density, land value (Widaningsih, Megayanti, & Minggra, 2018)
• In Nepal there are few study found in compliance. (Bhattarai & Mishra, 2017)
9
Research paradigm
The nature of research requires both qualitative and quantitative research approaches
(viz. Pragmatic Paradigm)
Paradigms: Post positivism >> pragmatic paradigm
The ontological claim: “with rapid urbanization and economic growth madhyapur thimi has
significant shifting of building function, increase in building demand and high land price
leading to haphazard byelaws practice and violation of regulation related to building bylaws
are out of control.
Epistemologically, needs a rigorous review of the literature, a field study of the present
scenario of study site and questioner survey for based on quantitative and qualitative
approach to obtain a valid source of information.
10
Research methodology
Pragmatic paradigm
11
Conceptual Framework
12
Study area
Primary study area= Corridor from
Lokanthali Chwok to Helath Post Chwok
of Madhyapur Thimi, Ward 1.
The main idea is to know the actual status
of implementation of building byelaws.
Google map of 5/8/2022
• Lies in residential sub-zone
• Shifting of function of buildings
• Changing activities , social and
economic community
• Total no of houses on street =53
⮚ Census method was applied for field measurement and household survey
⮚ For Data Collection >>>>> KOBO Toolbox
⮚ For Data Analysis >>>>> SPSS 20
Ground coverage
Data collection Building height
Set back of building
Field observation > quantitative data Road width
Plot area etc.
Knowledge
Questioner survey > Qualitative data Perception
Problems and Needs
Shortcomings
Ideas and suggestion
14
Literature Review
15
Literature Review
• Over the years, these regulations have evolved into the codes and standards
developed by committees concerned with safety.
• The earliest recorded building bylaws apparently were concerned with the prevention
of collapse.
• During the rapid growth of the Roman Empire the city of Rome hastily constructed
structure fail due to considerable height, to limit the height of building laws are
formed.
16
Literature Review
EXISTING BYLAWS
• According to Mishra the modified building bylaws drafted and promulgated by increasing open
space, setback, limiting FAR, and height provisions considering urbanization.
• According to Malik, 2018 In India, there are still many towns which do not have building bye-laws
and in the absence of any regulatory mechanism, such towns are confronted with haphazard
construction.
• Model of building and construction bylaws varies from region to region depending upon
motive
• Due to bylaws each building will have proper approaches, light, air and ventilation which is
essential
19
International practice of building byelaws
Building height
• In most of the counties the height of building is determined
in relation to the width of the street and the standards are
fixed accordingly.
Washington DC Building height equal to the width of street plus 20ft up to
maximum 90ft on residence street and 130 ft on Source:https://domz60.wordpress.com/tag/building-
height-to-street-width-ratio/
commercial streets
Indonesia, Bali Building can not be higher than a palm tree which is Source:https://www.ncpc.gov/docs/
about 15m Heights_Final_Report_and_Findings.pdf
22
Floor Area Ratio (FAR)
• According to bertaud (2004) in most large cities around the
world the FAR varies from 5 to 15 in the central business
district.
The biggest single claim made for the FAR is that it adds
"flexibility" to a zoning ordinance and intent of guiding future
growth and development of zoning district.
Barr (2014) 23
Floor Area Ratio (FAR)
• Bismarck, North Dakota (1953) FAR is floor area of the
building or buildings on a zoning lot, divided by the area of
that zoning lot.
• Clarkstown, New York (1955) FAR is the floor area in square
feet of all buildings on a lot, divided by the area of such lot
in square feet.
• In Indonesia The technique applied to the FAR is performed
by calculating the mathematical relationship between the
width of the building and that of land area.
• In West Palm Beach traditionally FAR is applied mostly to
control building height.
• A low FAR is not itself good, nor a high one necessarily bad.
Its desirability depends on the zone and permitted uses
within the zone. Karampour, (2021)
• The height of building is directly proportion to open space Height to open space relationship
increase in FAR increase in setback open space.
• The rapid urban development process recently occurring in southeast Asia have enacted to introduce
the bonus zoning or incentive zoning system.
• In Indonesia bonus zones provided to exchange for the provision of public facilities such as arcades
plazas , pedestrian roads, loading and unloading zones and parking spaces are being designated.
• It is a valuable win –win strategy to form high quality urban environment for citizen without increasing
taxes.
• In seoul bonus FAR can be distinguished into three major stages such as Base FAR, Permitted FAR and
Maximum-FAR
• The appropriate FAR bonus is added in base-FAR when appropriate i.e. with addition of public
amentias such as open space designated, privately owned public space, pedestrian path, public
parking lot, public park etc.
• The more the open space the taller the building height
25
FAR-Bonus
• According to the zoning handbook of New York, incentive zoning system can be divided into five types as
following : as of right arcade bonus, special district special permit system, incentive rezoning and incentive
variance.
(OFFICIALS, 1958). 26
Transfer of Development Right
• The transferable development rights policy is tradable policy
• Concept of TDR is successfully implemented in states of Maharshtra, Karnataka and Tamil
Nadu, Mumbai, Pune, Bangalore, Chennai in India especially for congested cities. Jung
(2019)
• (McConnell, 2009) mentioned the key elements in the design of TDR programs. The basic
elements of a TDR program are:
• sending areas
• Receiving areas
• definition and specification of parcels’ severable development rights; and
• process by which development rights may be transferred
• Landowners would then be allowed to trade those permits with each other but they do not
allow landowners to trade development rights freely.
• TDR will be transfer from high density to low density and high density to high density but it
cannot be transfer from high density to low density.
(OFFICIALS, 1958). 27
Data Analysis
To know the implementation of building bye laws field observation and measurement was done
Questioner survey was done for house owner, consultant and municipality engineers who are
Kobo tool was used for questioner survey to consultant and municipality engineers
28
QUESTION PREPARED FOR SURVEY
29
QUESTION PREPARED FOR SURVEY
30
Field measurement
31
Data Analysis and Discussion
32
Data Analysis and Discussion
Total house observed=53
Road width= 5-6m
Building storey= 1-7 storey
GCR= 30-100%
Projection on setback =
1.2m max
33
Data Analysis and Discussion
57.69% building are non Observation of building
compliance height
42.31% building are
compliance 60.00%
50.00%
• Different skyline 40.00%
30.00% 42.31%
57.69%
Building
Height
dominate cultural assets
• The height restriction rules should be different according to
zoning.
• The concept of light plane is mentioned in byelaws but not RoW
Light plane concept
implemented
• As Kathmandu valley lies in zone5 the height of building Creation of void
need to be restricted
• FAR allow taller building for greater land area, dominating
the surrounding area
• Even the plot with low GCR deprived of maximum height
due to the height restriction.
• Height permitted by FAR alone is limited by height
restriction and light plane rule.
• Some studies focus on provision of incentives such as FAR
bonus in exchange for POP BUILDNG HEIGHT AND FAR
35
Data Analysis and Discussion
Compliance
Non compliance
Surrounding building
Setback line representation
10%
29% 10.0% 5.3%
13% 0.0%
0.0% 0.0%
Cantilever on Setback
8%
yes No
92%
37
Data Analysis and Discussion
Set back
• Bye laws tried to maintain sufficient road width, not a
setback
• Set back in Singapore- defined by zoning categories- two
In context of Nepal
types- buffer, from road and green setback where in MTM
only create minimum buffer space between road and house.
• The setback restriction imposed by the bylaws applies to all
building height. Whereas in Delhi, the setback varies
depending on building height
• The minimum land size for building permit should be
standardize In context of Singapor
10% 50-60%
23% less than 70%
60-70%
70-80% 20% 70-80%
more than 80%
80-90%
13% 63%
70%
• Multiple field visit till DPC has also reduce the violation of GCR bye laws
• The deduction of 1.5x1.5m void rules is misused
• GCR shall be reduced to provide lesser built up area and more open space
40
Data Analysis and Discussion
Consultation for Design and Construction Awareness about building bye laws
Architect 70%
Other
7%
27%
Civil Engineer 67%
33%
5%
25% 67%
27% 7%
Contractor
33% 30%
3%
No awareness Partial awareness Sufficient awareness
Consultation with Civil engineers >> From all respondent perspective public are partially
contractor >>other>> Architects aware which need to trained before construction
41
Data Analysis and Discussion
Certification status
Complition certificate For super structure Upto DPC level
Different on actual drawing
New Registration
1535 Yes
2076/77 408
539 35% No
591
918 65%
2075/76 855
522
779
590
2074/75 1074
632
1216
151
970
People think 70-80% ground coverage is
2073/74 789
934 more satisfactory
0 200 400 600 800 1000 1200 1400 1600 1800
Building detail Municipality Actual drawing
drawing
Maximum no of building are permitted Site area 1102 Sq.ft. 1166 Sq.ft.
in FY 2076-77 No. of floors 4+stair cover 5story
Register building in residence and used in GCR 55.82% 59.06%
mixed, commercial, and institution Row 6m and 4m 6m and 4m
setback 2.5m 2m 42
Data Analysis and Discussion
Reason behind violation
Unsatisfied on building bye laws 30
30
30% 20
10 14 12
26% 26% 26% 26% 10 3 5 6 9
25%
19% 19% 0
20% 16% 16%
15% 13% 13%
10%
5%
0%
Building Setback Ground Road width others
height coverage Consultant Municipality
ratio
Municipality Municipality
• Most of respondent are not satisfied on • Cost factor are major reason for
height of building and road width violation
• As the height of building are same for all • Change in building use
plot size and zoning most of respondent
likely to have different height rules
43
Data Analysis and Discussion
Implementation of green building features
Peoples Opinion on Road in bye laws
32
80.0%
35
30
28
70.0%
25 18
20 16 14 15
15 10
60.0% 10 7
2
5
50.0% 5
0
g e f s
c o m er
40.0%
stin r fa ro ste h
30.0%
ve su n y Ot
r d ee es
20.0% ha ve G r
a rg
er a ch
10.0% at p e
in
w ize er
r
0.0%
a im at
4-6M 6-8m 8 -10 m 10- 11 m R in W
M
Municipality Consultant
44
Data Analysis and Discussion
Violation Control measures
Reason Behind Violation
75% 70% 70%
80% 60%
60% 50% 60% 55% 58%60% 60%
45%
40% 30% 30% 50%
50%
20% 8% 13% 43%
40%
0%
ily m
y ic e
in
g 30%
am no pr li d
rf o nd bu
t fo ec la ng
20%
en to gh di 8%
ci Du
e Hi un 10%
ffi r ro
t su su 0%
No f
to Regular moni- High fine Awareness Other
i gh toring program
He
Consultant Municipality
Consultant Municipality
Violation Control measures
70%
60%
60%
High land price> height Regular monitoring>> 50%
50%
45
Data Analysis and Discussion
FAR bonus in byelaws FAR bonus and TDR in byelaws knowledge regarding TDR
23% yes
yes
No No
50% 50%
77%
yes No
• In a interview with building permit chief, people become more concerned about building
• The bye laws of setback, ground coverage ratio, height restriction of building and floor to floor height of building is
limited in paper only.
50
Conclusion
• Height restriction rules are good in traditional residential zone, It should be different as
per zoning
• In case of special planning zone, the plot size are more or less comparable, FAR
• Multiple field visit till DPC has also reduce the violation of GCR bye laws
• In a field 80-100% coverage is not tolerable>>> lack of open space and ventilation<<< GCR will
53
Recommendation
Existing and Proposed byelaws
Up to 4
70% 70% 2.3m 2.84 11.4 12 4+stair 4
aana
For Residential
residence sub-zone 4 to 8 aana 60% 60% 2.3m 2.84 11.4 12 4+stair 4
2.84-
>8anna 2.3m 11.4 12 4+stair 4
60% 50% 3.00
54
Recommendation
Practical solution for violation of existing building
55
Present scenario
• Studies should be carried out on floor area ratio (FAR) and FAR bonus and transfer
development right (TDR) may be the new dimension to preserve the green land and
heritage area.
57
Reference
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60
Thank You!!!
61