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Masters of Architecture

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.

Tulsi kumar kaway (076march020)


M. Arch-2076
Department of Architecture
IOE, Pulchowk Campus

2
Project Overview
• Background • Conclusion

• Introduction • Recommendation

• Statement of problem • Present scenario

• Need and Important • Further study

• Objectives • References

• Validity of research

• Research paradigm

• Methodology

• Conceptual Framework

• Data collection

• Literature review

• Data analysis and discussion

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

• No uniformity and harmony in newly emerging buildings Consequently, the effectiveness of


implementing current building bylaws is another major concern.

• 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

The main objectives of the study are:

• To review the current building bye laws of Madhyapur Thimi

• To assess the status of implementation of building byelaws

• To identify the actual need and determine the problem related to building byelaws

• To recommend some practical solutions for shortcomings of building byelaws

8
Validity of Research

• It is recommended that 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)

• 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)

• Thus this research is an attempt to assess the status of implementation of building


byelaws and identify need and problem related to it and make some practical
solution and suggestion for shortcomings of building byelaws

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

Qualitative Mixed method of Quantitative


approach approach

 Interview, questionnaires to  Field observation and


know the perception of Epistemological measurement
general public regarding position of research:
byelaws, as well as a Post positivist and  analysis of related data and
focused group discussion interpretivist documents
with expertise to get
intellectual opinions
 Case studies

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

 Google map of 10/2003 13


Sampling and Data Collection

⮚ 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

Development of Building bylaws

• According to Machemer, (2002) Throughout history there have been building


regulation for preventing fire and restricting its spread.

• 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

Mishra AK. Development of Building Bye-Laws in Nepal. J Adv Res


Const Urban Arch 2019; 4(3&4): 17-29. 17
Improvement and Changes in Byelaws
SN Building Bylaws Major cohesions and new provisions
Control measures used and narrow by ground coverage and height restriction
1 Bye laws 2034 Maximum GCR and height were 90% and 30 % respectively for land area less the n 2aana.
No provision of FAR, height is limited in core area
Provision of FAR
2 Bye laws 2050
Minimum plot was fixed to 2 anna 2 paisa
The study claims that Byelaws-2064 for most parts is same as the previous bye laws of 2050.
The major difference was change in land use map. The byelaws-2064 introduced new land use map based on latest maps.
3 Bye laws 2064
Voids greater than 1.5×1 5m were made exempt from FAR as the new provisions.
Average 1.5 m mandatory open space for provision of openings
introduce of light plane and improve in FAR,
Every newly constructed road must be 6 m wide. With minimum setback 1.5
However, in case of some geographical constraints, the technical committee can recommend and approve it within 4 m. For such newly
constructed roads, minimum setback from the road edge must be 1.5 m.
Every road should be made 4 m for existing buildings constructed already along the road having less than 4 m width.
4 Bye laws 2072 In case of plotting, the main road connected to land plots should be at least 8 m wide.
The study shows 70% ground coverage is allowed for the construction of residential building plot size upto 127sqm
Building upto10-17m min setback was determined as 2m. The height of building was determined by light plane for tall building (1:4 ratio or
minimum 5m)
Average 1.5 m mandatory open space for provision of openings
Set back of building is determined in respect of building height (setback=1.5-12m)
Introduce Municipality transportation master plan (MTMP)
5 Bye laws 2078
FAR of building is increased
Height of building is permitted up to 100m 18
Building bylaws
• Building Bye-Laws are legal tools used to regulate coverage, height, building bulk, and
architectural design and construction aspects of buildings so as to achieve orderly development
of an area.

• According to Mishra the modified building bylaws drafted and promulgated by increasing open
space, setback, limiting FAR, and height provisions considering urbanization.

• The intension of building bylaws is to control urban development.

• 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

Europe In Athens building are not allowed to surpass twelve


floors view towards Parthenon

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

Hong Kong Height restriction according to location of building to


protect the ridge line

Florida building height can exceed 40ft if taken permission from


fire chief
Source:https://https://link.springer.com/chapter/
10.1007/978-3-031-09070-7_3 20
International practice of building byelaws
Setback
In most of the counties setback are determined mainly based on
• Height of building
• Size of plot Singapore
City of Pittsburgh Setback requirement for typical residential development
Regardless of the setback of adjacent structure Road
Green buffer
buffer
for any single unit house in Residential development
(minimum)
(within road
Recorded zoning lot that is less than 60ft width, buffer) In (m)
In (m)
the setback is as follows Residential (6 stireys or above) 30 5
Category 1 Residential (up to 5 storeys) 24 5
Plot width Required interior required street
in ft. setback side setback Multi-storey Carpark 15 5
52' 5' 22' Residential (6 stireys or above) 15 5
Category 2 Residential (up to 5 storeys) 12 5
53' 5' 23'
Multi-storey Carpark 7.5 3
54' 5' 24'
Residential (6 stireys or above) 10 3
55' 5' 25' Category 3 Residential (up to 5 storeys) 7.5 3
56' 5' 26' Multi-storey Carpark - -
57' 5' 27' Category Residential 7.5 3
58' 5' 28' 4-5 and
59' 5' 29' Slip Road Multi-storey Carpark 0 -
Source: wong (2014) 21
Literature Review

• According to the building bylaws,


maximum height of the building is
governed by two factors
• FAR and
• Light plane
Light Plane
• The angle of the light plane guides the
Source: Dinić*, Mitković 2011
height of the building
• The maximum height of building will
vary according to (road width and
setback).
• The angle of light plane used 63.5°
• The height of building is suitably (Source: Hong kong planning norms and standard)

curtailed off to allow the light plane to


pass. (Source: Nepal model building bylaw)

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.

• In a figure impact of floor area ratio Far is illustrated which vary


according to coverage of building

Factors to decide FAR are


• Current population of city
• Population growth
• Infrastructure
Hence it can be said that with increase in FAR population density of
the city will also increase which also impact on infrastructure

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.

(Delhi Development Authority, 1983).


24
FAR-Bonus

• 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

in study site and entered in excel

 Questioner survey was done for house owner, consultant and municipality engineers who are

working with in the municipality

 Kobo tool was used for questioner survey to consultant and municipality engineers

 SPSS and Excel is used for data analysis

 From the analysis of data finding and conclusion will be drawn

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%

• Encroachment of heritage 20.00%


10.00%
0.00%
Compliance Non-compliance
Building height violation

Building height as per existing bye laws


Compliance
Non compliance
Permissible building height line

Building height as per existing site 34


Data Analysis and Discussion Light plane
Height restriction
• Control density, maintain skyline, access of sunlight, not to

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

Bye Laws for Setback


86.54% building are 100.00%
86.54%

non compliance 80.00%

13.46% building are 60.00%


13.46%
compliance 40.00%
20.00%
0.00% 36
Compliance Non-compliance
Data Analysis and Discussion
Implementation of Set back Public opinion for set back from road and
70% adjacent side
60% 60.0%
52.6% 52.6%
50.0%
50%
40.0%
40% 31.6%
30.0%
30% 58%
20.0% 15.8% 15.8% 15.8%
20% 10.5%

10%
29% 10.0% 5.3%
13% 0.0%
0.0% 0.0%

0% 1-1.5m 1.5-2m 2-3m Above 3m Not required


>1m 1-1.5m ≤1.5m
adjacent plot road side

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

• Update of cadastral map and locate GLD 39


Data Analysis and Discussion

Implementation of GCR Peoples opinion on GCR

10% 50-60%
23% less than 70%
60-70%
70-80% 20% 70-80%
more than 80%
80-90%
13% 63%
70%

Maximum building People think 70-80%


are found with less ground coverage is
than 70% coverage more satisfactory

• 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

Public Municipality Engineers Consultant


Architect Civil Engineer Contractor Other

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

Maximum respondent think green


Maximum respondent think road building features should be included in
should be 8-10m as per traffic bye laws

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%

of surrounding awareness program for 40%


30%
30%
25%
building >> economy new construction>> high 20%
5%
10%
>>> not sufficient fine 0%
Stop work Demolition Make a Warning others
immediately of violation fine
structure

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

Response from consultant Few of respondent are familiar


Knowledge of FAR bonus All response from consultant with FAR bonus and TDR
think FAR bonus and TDR
should be included in bye laws
It will increase green space
46
Conclusion
• The provisions of building byelaws of Madhyapur Thimi aim to assist in achieving an
orderly, efficient and environmentally sustainable development
The municipality land is divided in five distinct categories
1. Traditional residential zone
2. Institutional zone
3. Developing zone
• Residential sub-zone
• Commercial zone
• Industrial sub-zone
• Special Planning zone
4. Reserved zone
5. Green zone 47
Conclusion
Building bye laws
• The byelaws are limited to documentation only but implementation are poor
• Safety, health, and comfort has not been achieved by existing bylaw due to unplanned
development
• Citizen with more access, resources or power to influence the system may receive more
benefit than without access

• Like in Bangalore, compliance status is good in paper but barely in reality

• Due to lack of monitoring, violation on super structure is more evident

• In a interview with building permit chief, people become more concerned about building

byelaws after earthquake 2015


48
Conclusion
Building bye laws
• Lack of monitoring machinery , shortage of technical manpower at the municipal level
are the major concern of the municipal councils to control and avoid such violations
from its occurrence.
• Some also feel that the local political influence is also a hurdle in controlling violations.
• Static nature of development control rules for a longer period is also contributing to
the violation trend.
• The land use zoning map has to be updated as per present change condition.
• Rules and standards must be established in accordance with the areas physical, social,
economic, and environmental aspects.
49
Conclusion
• The newly constructed buildings in MTM lack any noticeable characteristics.
• One of the major violation cause is due high commercial land value in compare
with fine value similar condition is also seen in Bangalore
Present status of building byelaws
Building byelaws Violation
Setback 92%
Height of building 86%
Ground coverage 63%
Cantilever projection 92%
Floor to floor height 85%

• 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

regulation are appropriate.

• Compare to building height and setback, GCR compliance is high

• 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

increase the open space inside the plot 51


Conclusion

Reason behind violation

• Not sufficient for family

• Financial benefit and commercial motives

• Weak enforcement and monitoring

• No punishments for already violated building>>>Motivate from surrounding buildings

• Cost factor of the land which is beyond capacity

• Lack of rewards and subsidies system

• Change in building use


52
Recommendation
Administrative improvement
• Tight monitoring
• No excuse for violation except demolish
• Floor to floor check>> Architects and Engineers as responsible for supervion << reduce
demolish
• Increase the importance of building byelaws completion certification
• Introduce road setback in cadastral map
• Increase coordination with other agencies
• General but crucial <<<< reduce political influence
• Awareness program before start of construction

53
Recommendation
Existing and Proposed byelaws

Floor to Floor Maximum storey of Remark


Maximum GCR Maximum height
Building Height building s
Zone Land area
type
Existing Proposed Existing Propose Existing Proposed Existing Proposed
d

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

Categories Condition Punishment


setback from road Not sufficient
Cantilever structure on setback from super structure
Maximum No. of Floor >6 storey Notice for self demolish for
Violation GCA >80% few time and Force Demolish
setback from rear side less then 1.5m
Cantilever structure on rear setback from super structure
Notice for self demolish with
Medium No. of Floor >5 storey<6 storey in allocated time frame and
Violation >80% GCA<70% Force Demolish
Minimal
Violation setback from rear side less then 1.5m High Tax/ Moderate Tax
  >4storey No. of Floor >5 storey  

55
Present scenario

Demolish of unauthorized structure Demolish of unauthorized structure in setback


Demolish of
Noida twin
tower

Change in Map and field Change parking area as commercial space

Source: News 24 Source: The economic times news 56


Further Study

• Similar study should be conducted in other part of municipalities with consideration of

other parameters of building bye laws.

• 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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Nagarjun Municipality. Asian Journal of Science and Technology, 8(11), 6751-6762.
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NATIONAL BUILDING CODE
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Apartment Buildings of Nepal. International Journal of Applied Engineering and Management Letters (IJAEML),
5(1), 66-79.

58
Reference
Levinson, A. (1997). Why oppose TDRs?: Transferable development rights can increase overall development.
Regional Science and Urban Economics, 27(3), 283-296.
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malik, M. (2018). Transferable development right Retrieved from
https://www.youtube.com/watch?v=a0kKVKzbiY4&ab_channel=AssetYogi
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59
Reference
SHRESTHA, L. (2007). Waste Water Management Plan For Madhyapur Thimi Municipality UNHABITAT.
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Engineering.

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Thank You!!!

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