Building construction rules 2006

A citizen of Dhaka, On e-mail
The government has recently formulated new building construction rules for residential buildings in Dhaka, which are supposed to come into force from February 2007. One feature of the new rules requires all builders to leave 40 percent of the plot vacant with the assumption that it would leave `sufficient' open space between buildings. The altruistic desire of the authors of these rules in having less congested Dhaka neighborhoods is not in question, although the jingoistic rigidity of the rules and their implementation are both inequitable and impractical.

First, the exclusion of 40 percent of a plot from any construction will allow -- in a 5-katha (3600 sq ft) plot -- only 2160 sq ft (3- katha) area for any construction. This will imply that, on such a plot, only one commodious apartment can be built on each floor, because if two apartments are designed for each floor, each apartment will be only around 900 sq ft -- leaving some space for the stairwell. Such tiny apartments will hardly attract buyers in good locations. Even if one apartment is designed on each floor (1800/1900 sq ft), assuming that the upper ceiling is relaxed beyond six storey, it will not be possible to go above seven or eight floors (i.e., six or seven apartments, with the ground floor for parking) because there will be no parking space for more than seven cars in the built-up area (2160 sq ft) of the ground floor -- leaving aside some space for the reception area/office, driveway, and the stairwell. The only other alternative for the apartment builders will be to have an additional car parking space in the basement, which will highly increase the cost of construction. Needless to say that this increase in cost will be reflected in the average cost per sq ft of the apartments (which are already artificially high in Dhaka) -- to be borne entirely by the buyers. Hence, in effect, in the name of environment-friendly construction, the new rules will effectively shut off many middle income families from the apartment market and kill their hopes for their own homes!

Second, the new rules -- if applied to all parts of Dhaka -- are flawed because, in such already populated areas like Gulshan, Banani and Uttara (or for that matter, any other built-up area in old or new Dhaka), any developer building an apartment complex, will have to construct a tall, slim building on a 3-katha area of a 5-katha plot, which is already surrounded on three sides by regular sized buildings. This will not only look ugly, but would hardly contribute to any improvement of the environment. Besides, taking advantage of the relaxation of height restriction under the new rules, the owners of existing 6-storey apartment buildings will go ahead to raise new floors on their buildings (without being required to leave 40 percent vacant space on the ground), thereby defeating the very purpose of the new rules. Hence, it is suggested that the rule could be applied only in cases of new development areas like Purbachal or other newly planned private residential towns, and NOT in the already built-up and populated areas.

Third, it is understood that the new rules will require a building plan to be scrutinized and approved by five different bodies. When the entire service sector in the country is trying to introduce one-stop service centres for most business activities, the requirement of five bodies to approve a plan for a new building is, to say the least, is horrendous. And, given the culture of corruption in the country, everyone will agree that `invisible' costs to have a plan approved by five disparate bodies will astronomically rise.

Lastly, I found it incomprehensible as to how the focal point of developers, viz. REHAB has agreed to participate in framing and to enact and enforce these regressive rules, which, in the long run, would hurt their business. I, therefore, would like to suggest to all who are contemplating to construct buildings that they should file a writ petition in the court to postpone the operation of the new rules until more pragmatic amendments are made in it, stipulating the new `vacant space clause' only for new residential areas as well as reducing the proportion of required vacant space to a reasonable measure.