BUILDING REGULATIONS LAND POOLING REGULATIONS 2017 DEPARTMENT OF
BUILDING REGULATIONS & LAND POOLING REGULATIONS 2017 DEPARTMENT OF HUMAN SETTLEMENT, Mo. WHS DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
Ø Promote and facilitate land pooling scheme as a preferred technique Ø Greener construction technologies Ø Ensure harmonious and safe development Ø Rules have either become redundant or inappropriate. Ø Sustainable planning tools Ø Mixed nature of its contents. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
REGULATORY STRUCTURE Planning Act or Building Act In Bhutan, it is complicated by the lack of a Building Regulations Bhutan Building Code Building Act and the fact that a Spatial Planning Act is in draft stage. Standards DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
REGULATORY REQUIREMENTS IMPOSED THROUGHOUT BHUTAN Spatial Planning Act Decisionmaking criteria Planning Regulations Landuse planning regulation DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT Building Regulations Decisionmaking criteria Building regulation 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
BUILDING REGULATIONS 2017 DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
These Regulations shall: Ø Be called the Building Regulations 2017 Ø Extend to the whole of Bhutan. Ø Replace the Bhutan Building Rules 2002 and Rural Construction Rules 2013 The objectives are: Ø to establish standards for the construction of buildings in Bhutan Ø to ensure that buildings are safe and accessible Ø to provide for the making of the Building Code of Bhutan Ø to establish procedures and requirements for the effective, transparent and efficient for issuing and administration of building permits and occupancy certificates. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
Planning permit first, then building permit DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
TWO-STEP PROCESS FOR REGULATORY APPROVAL Planning permit application Planning permit Site plan Referral to other agencies Building permit application Technical Drawings Step 1 Planning Permit DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT Building permit Architectural Structural Step 2 Building Permit 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017 Occupancy certificate Electrical Plumbing
Application for Building Permit. Building Owner Apply to Consideration of Application and Decision Local Government Documents Site Plan Technica l Drawing Copy of Planning Permit Statement in writing for refusal If a planning permit has not been granted. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
REQUIREMENT TO HAVE A BUILDING PERMIT Building permit, a person shall not - CONSTRUCT DEMOLISH ALTER In a rural area, a building permit is not required for: Temporary or semipermanent farm-related structure DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
CERTIFICATION OF TECHNICAL DRAWINGS DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
SAFETY DURING CONSTRUCTION Ø the work site is closely supervised by an engineer Ø the work site has suitable scaffolding, platforms and nets Ø materials comply with minimum standards prescribed by the Building Code Ø workers are provided with suitable safety equipment and clothing, including helmets, safety belts, boots and working gloves DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
POWER OF INSPECTION A building inspector can inspect a building site without prior notice. Inspection Written direction to fix Fails to comply Building Regulations Building Permit Danger to the life, safety or health of any member of the public or any person using the building. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
REPAIR OR INSTALLATION OF : Sanitary Work Plumbing Work DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT Electrical Work 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
APPLICATION FOR OCCUPANCY CERTIFICATES. Building Owner Apply to Local Government A person shall not occupy a building without : Inspection Regulation & building permit Occupancy certificate Safe for Occupancy Sanitary Connections. If a building permit has not been granted for the building. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
COMPLAINTS FROM NEIGHBOURS Unsatisfactory water supply and sanitary conditions Improper or deteriorated electrical wiring Improper or deteriorated septic tank or soak pit; Unsatisfactory surface drains and surrounding environment. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
PROVISIONS APPLYING IN RURAL AREAS DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
The predominant land use in rural areas are residential and mixed use. Special Permission The following developments are prohibited in existing clustered villages: For other land use Dzongkhag Administration Ministry DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
Ø Plot coverage in a rural area shall not exceed 50%. Ø A building in a rural area shall not exceed three floors. Ø Building of three floors shall be allowed only if: i. the construction is supervised by a traditional artisan ii. construction is by means of rammed earth, incorporating appropriate traditional architectural elements and improved technical detailing as approved by the Ministry. Ø A proposal for a commercial development shall identify its own water source. Ø Provision of parking spaces is mandatory for any construction serviced by a vehicular road. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
OFFENCES AND ENFORCEMENT Infringement notices Regulation 75 Infringement offence has been committed. 83 86 88 Pay the applicable penalty within 21 days 97 DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT Short description of offence Fail to fix building work as required by a notice Carry out plumbing work, not being licensed or under supervision Carry out electrical work, not being licensed or under supervision Occupy a building without a occupancy certificate or in breach of a condition of an occupancy certificate Fail to comply with a maintenance order Infringement penalty [xx] Ngultrums and [xx] Ngultrums for each day the offence continues after the issue of the infringement notice [xx] Ngultrums 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
BUILDING CODE OF BHUTAN DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
Ø This Code sets out requirements which apply to the construction of a building in Bhutan. Ø It should be read in conjunction with the Building Regulations 2017. Ø All these requirements will come under Building Code of Bhutan: • Building dimensions • Light and Ventilation Requirements • Water Supply and Sanitary Control • Electrical • Fire Safety • Access • Telephone • Vehicle Parking DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
LAND POOLING REGULATIONS 2017 DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
Land pooling scheme is not restricted to only urban areas of Thromde Removal of more than 25% developed restriction. More discretion to local government The benefit to “Plot E” is not the same as the benefit to “Plot F”. At some time in the future, there will be a need for additional road infrastructure within “Plot E”. The local government can now adjust the contribution ratio if there is a substantial disparity between the special benefits. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
FEASIBILITY STUDY Establishing and administering From the land owners LGs own initiative If a local government undertakes a feasibility study, it shall: Acquiring land Preliminary COST ESTIMATE Public consultation meeting Establishing infrastructure Active public participation DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017 Funding from other sources
PUBLIC SUPPORT FOR A PROPOSED SCHEME NON-CONCENT SEEK SUPPORT Acquire the plot in accordance with the Land Act 2007. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
CONSTRUCTION MORATORIUM APPLIES FOR 18 MONTHS EXTENDED SIX MONTHS During construction moratorium: No construction No transaction or subdivision No selling and buying of land Except with the written approval from the Ministry DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
CONSULTATIVE COMMITTEE After the declaration of a land pooling area, the local government shall establish a Consultative Committee. The Consultative Committee shall comprise: A Chairperson An officer of LG Members selected by LG (≤ 3) Land owners (≤ 4) The functions of a Consultative Committee are to: Ø provide a forum for consultation about the land pooling scheme; Ø consider and make recommendations to the local government about issues affecting the development of the land pooling scheme. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
RESERVE PLOTS Sell it to commercial Developer Develop this Park Reserve Plots Generate Funds Implement as per the Plan. CURRENT TREND Proposed Plan During Implementation DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT No Funds Plan stays on the paper 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
PRELIMINARY INFRASTRUCTURE BUDGET Size Number RESERVE PLOTS Location INFRASTRUCTURE BUDGET Configuration DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
RESIDUAL LAND Sell it to nearby land owners Generate Funds Infrastructure Development DEVELOPED PLOTS Cash in lieu of land should be applied only to developed plots – Conditions applied Plot Boundary Land Pooling 28% Building Under LP Building DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT Land Pooling 20% 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017 Remaining 8% in cash
THE CONTRIBUTION RATIO The contribution ratio can exceed 30% if the topography or other characteristics of the area makes it impracticable to obtain an adequate area of land for infrastructure development. PLOT SIZE If a plot after land pooling becomes smaller than the minimum permitted plot size, then the person has the option of : a) consolidate the plot with other small plots, and allow joint ownership to create a standard size plot; 5 decimal + 5 decimal = 10 decimal b) sell it to the adjoining plot. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
THE LAND POOLING FLOWCHART FROM PROPOSAL TO DECLARATION. FEASIBILITY STUDY LOOK AT OTHER OPTIONS DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 2/3 PUBLIC SUPPORT NOT ENOUGH SUPPORT GOOD PROPOSAL BAD PROPOSAL LG CONSIDERS THE IDEA WITH THE HELP OF MINISTRY DECLERATION OF LAND POOLING SCHEME LOOK AT OTHER OPTIONS 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
THE LAND POOLING FLOWCHART FROM DECLARATION TO IMPLEMENTATION Moratorium Consultative Committee Infrastructure Budget Reserve Plots ? Indicative Contribution Ratio Draft Land Pooling Plan Declaration • • Detail report Layout plan Budget Contribution schedule • • Public Consultation Implementation Land required Reserve plots Contributing land Infrastructure required DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT Final Land Pooling Plan 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
THANK YOU DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECTS AND PLANNERS CONFERENCE 2017
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