BUILDING REGULATIONS LAND POOLING REGULATIONS DEPARTMENT OF HUMAN

  • Slides: 33
Download presentation
BUILDING REGULATIONS & LAND POOLING REGULATIONS DEPARTMENT OF HUMAN SETTLEMENT, Mo. WHS DEPARTMENT OF

BUILDING REGULATIONS & LAND POOLING REGULATIONS DEPARTMENT OF HUMAN SETTLEMENT, Mo. WHS DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

Ø Promote and facilitate land pooling scheme as a preferred technique Ø Ensure harmonious

Ø Promote and facilitate land pooling scheme as a preferred technique Ø Ensure harmonious and safe development Ø Rapid urbanization and changing times DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT Ø Sustainable planning tools Ø Greener construction technologies Ø Rules have either become redundant or inappropriate. 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

REGULATORY STRUCTURE Planning Act or Building Act In Bhutan, it is complicated by the

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, ARCHITECT AND PLANNERS CONFERENCE 2017

REGULATORY REQUIREMENTS IMPOSED THROUGHOUT BHUTAN Spatial Planning Act Decisionmaking criteria Planning Regulations Landuse planning

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, ARCHITECT AND PLANNERS CONFERENCE 2017

BUILDING REGULATIONS 2017 DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8

BUILDING REGULATIONS 2017 DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

These Regulations shall: Ø Be called the Building Regulations 2017 Ø Extend to the

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 regulation for issuing and administration of building permits, monitoring of building construction and occupancy certificates. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

Planning permit first, then building permit DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND

Planning permit first, then building permit DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

TWO-STEP PROCESS FOR REGULATORY APPROVAL Planning permit application Planning permit Site plan Referral to

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, ARCHITECT AND PLANNERS CONFERENCE 2017 Occupancy certificate Electrical Plumbing

REQUIREMENT TO HAVE A BUILDING PERMIT Building permit, a person shall not - CONSTRUCT

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, ARCHITECT AND PLANNERS CONFERENCE 2017

Application for Building Permit. Building Owner Apply to Consideration of Application and Decision Local

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, ARCHITECT AND PLANNERS CONFERENCE 2017

Conditions of a Building Permit Approval Ø that the building shall be constructed in

Conditions of a Building Permit Approval Ø that the building shall be constructed in accordance with the endorsed plans Ø that a copy of the building permit is to be displayed, visibly to the public, at the construction site Ø that the building works shall commence within two years after the issue of the permit, and are to be completed within two years after commencement. Building Permit Refusal Ø the Act; Ø these Regulations; Ø the Building Code; or Ø a condition of the building permit. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

SAFETY DURING CONSTRUCTION Ø the work site is closely supervised by an engineer Ø

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, ARCHITECT AND PLANNERS CONFERENCE 2017

POWER OF INSPECTION A building inspector can inspect a building site without prior notice.

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, ARCHITECT AND PLANNERS CONFERENCE 2017

REPAIR OR INSTALLATION OF : Sanitary Work Plumbing Work DEPARTMENT OF HUMAN SETTLEMENT MINISTRY

REPAIR OR INSTALLATION OF : Sanitary Work Plumbing Work DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT Electrical Work 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

APPLICATION FOR OCCUPANCY CERTIFICATES. Building Owner Apply to Local Government A person shall not

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, ARCHITECT AND PLANNERS CONFERENCE 2017

COMPLAINTS FROM NEIGHBOURS Unsatisfactory water supply and sanitary conditions Improper or deteriorated electrical wiring

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, ARCHITECT AND PLANNERS CONFERENCE 2017

PROVISIONS APPLYING IN RURAL AREAS DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN

PROVISIONS APPLYING IN RURAL AREAS DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

The predominant land use in rural areas is residential and mixed use development. Special

The predominant land use in rural areas is residential and mixed use development. 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, ARCHITECT AND PLANNERS CONFERENCE 2017

Plot coverage in a rural area shall not exceed 50%. Except as provided in

Plot coverage in a rural area shall not exceed 50%. Except as provided in this regulation, a building in a rural area shall not exceed three floors. 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. A proposal for a commercial development shall identify its own water source. 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, ARCHITECT AND PLANNERS CONFERENCE 2017

OFFENCES AND ENFORCEMENT Infringement notices Regulation 61(1) 66(1) Infringement offence has been committed. 68

OFFENCES AND ENFORCEMENT Infringement notices Regulation 61(1) 66(1) Infringement offence has been committed. 68 71 75 83 Pay the applicable penalty within 21 days 86 88 97 DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT Short description of offence Fail to give notice to neighbours of proposed building work Fail to notify local government of commencement of a stage of construction Fai to notify utilities of a demolition Obstruct or prevent an inspection 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 Infringement penalty Fail to comply with a maintenance order [xx] Ngultrums 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017 [xx] Ngultrums [xx] Ngultrums and [xx] Ngultrums for each day the offence continues after the issue of the infringement notice

BUILDING CODE OF BHUTAN DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT

BUILDING CODE OF BHUTAN DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

This Code sets out requirements which apply to the construction of a building in

This Code sets out requirements which apply to the construction of a building in Bhutan. It should be read in conjunction with the Building Regulations 2017. 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, ARCHITECT AND PLANNERS CONFERENCE 2017

STANDARDS APPLYING TO RURAL AREAS All constructions shall meet the basic standards of health,

STANDARDS APPLYING TO RURAL AREAS All constructions shall meet the basic standards of health, hygiene and safety, including earthquake resistance and fire and wind safety measures. All construction, to the extent possible, shall use local, and locally produce construction materials. Promotion of traditional architecture Reinforced cement concrete structures that do not blend with, or are not consistent with, the existing village settlement pattern or houses in a clustered village shall not be permitted. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

LAND POOLING REGULATIONS 2017 DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT

LAND POOLING REGULATIONS 2017 DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

THESE REGULATIONS SHALL: a) Be called the Land Pooling Regulations 2017; b) Extend to

THESE REGULATIONS SHALL: a) Be called the Land Pooling Regulations 2017; b) Extend to the whole of Bhutan; c) Come into force on the day on which they are made. OBJECTIVES OF THESE REGULATIONS a) enable the reconfiguration of land boundaries in land pooling areas to facilitate appropriate development; b) facilitate the provision of infrastructure in land pooling areas; c) obtain contribution to the cost of infrastructure from the owners of land receiving special benefit from that infrastructure. DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

PRINCIPLES FOR ESTABLISHING A LAND POOLING SCHEME FEASIBILITY STUDY LOOK AT OTHER OPTIONS DEPARTMENT

PRINCIPLES FOR ESTABLISHING A LAND POOLING SCHEME 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, ARCHITECT AND PLANNERS CONFERENCE 2017

CONSTRUCTION MORATORIUM APPLIES FOR 18 MONTHS EXTENDED SIX MONTHS During construction moratorium: No selling

CONSTRUCTION MORATORIUM APPLIES FOR 18 MONTHS EXTENDED SIX MONTHS During construction moratorium: No selling and buying of land No construction No transaction or subdivision Except with the written approval from the Ministry DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

CONSULTATIVE COMMITTEE After the declaration of a land pooling area, the local government shall

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, ARCHITECT AND PLANNERS CONFERENCE 2017

RESERVE PLOTS Sell it to commercial Developer Develop this Park Reserve Plots Generate Funds

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, ARCHITECT AND PLANNERS CONFERENCE 2017

PRELIMINARY INFRASTRUCTURE BUDGET Ø an estimate of the cost of providing infrastructure in the

PRELIMINARY INFRASTRUCTURE BUDGET Ø an estimate of the cost of providing infrastructure in the land pooling area Ø a description of the number, size, location and configuration of reserve plots which are to be created Ø options for the disposal of the reserve plots. Ø The number, size, location and configuration of the reserve plots must be consistent with the infrastructure budget. Ø The reserve land is held by the local government until it is sold in accordance with these regulations, and is not community land DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

RESIDUAL LAND Sell it to nearby land owners Generate Funds Infrastructure Development DEVELOPED PLOTS

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, ARCHITECT AND PLANNERS CONFERENCE 2017 Remaining 8% in cash

THE CONTRIBUTION RATIO The contribution ratio can exceed 30% if the topography or other

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 he has the option of : a) consolidate the plot with other small plots, and allow joint ownership to create a standard size plot; b) sell residual land or a reserve plot (or part of it) to the owner of the plot, to be consolidated with the plot. 5 decimal + 5 decimal = DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 10 decimal 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017

GRIEVANCE PROCEDURE Dissatisfied with the Plan Development Review Board 21 working days Conduct Hearing

GRIEVANCE PROCEDURE Dissatisfied with the Plan Development Review Board 21 working days Conduct Hearing Reject by Chairperson Aggrieved by the Decision Appeal to Court In writing stating the reason DEPARTMENT OF HUMAN SETTLEMENT MINISTRY OF WORKS AND HUMAN SETTLEMENT 8 TH ENGINEERS, ARCHITECT AND PLANNERS CONFERENCE 2017